82nd Legislative Session _ 2007

Committee: Senate Judiciary
Monday, January 29, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah, Chair
P    Albers
P    Heidepriem
P    Knudson, Vice-Chair
P    Schmidt (Dennis)
P    Turbak
P    Koetzle

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Gene G. Abdallah, Chair

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, JANUARY 26, 2007

Moved by:    Knudson
Second by:    Turbak
Action:    Prevailed by voice vote.

          SB 91: provide for an order of joint physical care over certain children whose parents exercise joint legal custody.

Presented by:    Senator Kenneth Albers (handout #1)
Proponents:    Ben Elliott, self, Madison (handout #2)
        Representative Mary Glenski (handouts # 3 & 4)
        A-Jay Heiss, self, Ft. Pierre
        Marc Schmitz, self, Pierre
        Kathy Heiss, self, Ft. Pierre (handout #5)
Opponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Roger Tellinghuisen, SD Trial Lawyers Association
        Thomas Barnett Jr., State Bar Of SD
        Representative Mike Vehle
        Susan Randall, SD Voices For Children (handout #6)
        Jane Murphy, SD Advocacy for Women/SD Coalition Against Domestic Violence & Sexual Assault

MOTION:     AMEND SB 91


91ra
     On page 1, line 6 of the printed bill, delete " pursuant to §  25-5-7.1, to both parents, " .

     On page 1 , line 7, delete " care to both custodial parents " and insert "custody".

     On page 1 , line 7, after " parent " delete " . If the court " and insert "if the court finds".

     On page 1 , delete line 8 .

     On page 1 , line 9, delete everything before " that " .

     On page 1 , line 10, delete " not " .

Moved by:    Turbak
Action:    Died for a lack of a second

 MOTION:     DEFER SB 91 TO THE 41ST LEGISLATIVE DAY

Moved by:    Heidepriem
Second by:    Turbak
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Heidepriem, Knudson, Schmidt (Dennis), Turbak

Voting No:    Abdallah, Albers, Koetzle

          SB 106: require certain family members to report sexual abuse to law enforcement authorities, to grant civil immunity for any good faith report, and to provide a penalty for failure to report.

Presented by:    Senator William Napoli
Proponents:    Shirley Garnette, self, Pine Ridge
        Ann Holzhauser, Department of Social Services (handouts # 7 & 8)

The Chair deferred SB 106 until another day.

         SB 134: revise the time when a petition for rehearing of a cause heard on appeal to the Supreme Court may be served and filed.

Presented by:    Senator Jim Lintz
Opponents:    Judith Roberts, Unified Judicial System

The Chair deferred SB 134 until Another day.

The Chair deferred SB 126 until Wednesday, January 31, 2007.

The Chair deferred SB 149 until Another day.

The Chair deferred HB 1071 until Another day.

The Chair deferred HB 1078 until Another day.

The Chair deferred HB 1085 until Another day.

The Chair deferred HB 1099 until Another day.

         SB 142: provide for collection of certain workers' compensation defaults by court order.

Presented by:    Senator Tom Katus
Proponents:    Fern Johnson, SD Injured Workers Coalition
        Paul Aylward, Public Employees Union, SD AFSCME 59
        

Opponents:    Chris Lien, Workers Compensation Advisory Council
        Marcia Hultman, Department of Labor
        James Marsh, Department of Labor

MOTION:     DEFER SB 142 TO THE 41ST LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Albers
Action:    Failed by roll call vote.(3-4-0-0)

Voting Yes:    Albers, Knudson, Schmidt (Dennis)

Voting No:    Abdallah, Heidepriem, Turbak, Koetzle

The Chair deferred SB 142 until Another day.

MOTION:     ADJOURN

Moved by:    Heidepriem
Second by:    Turbak
Action:    Prevailed by voice vote.

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair

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