P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Gene G. Abdallah, Chair
MOTION:
TO APPROVE THE MINUTES OF MONDAY, JANUARY 29, 2007
E - Excused
A - Absent
P Abdallah, Chair
P Albers
P Heidepriem
P Knudson, Vice-Chair
P Schmidt (Dennis)
P Turbak
P Koetzle
Moved by: Turbak
Second by: Heidepriem
Action: Prevailed by voice vote.
MOTION:
CONFIRM APPOINTMENT OF TIMOTHY REISCH, HUGHES COUNTY, PIERRE,
SOUTH DAKOTA, TO THE POSITION OF SECRETARY OF THE DEPARTMENT
OF CORRECTIONS
Moved by: Albers
Second by: Koetzle
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Abdallah, Albers, Heidepriem, Schmidt (Dennis), Turbak, Koetzle
Excused: Knudson
SB 111: codify legislation enacted in 2006.
Presented by: Senator Nancy Turbak
MOTION:
DO PASS SB 111
Moved by: Heidepriem
Second by: Turbak
Action: Prevailed by roll call vote.(6-0-1-0)
Voting Yes: Abdallah, Albers, Heidepriem, Schmidt (Dennis), Turbak, Koetzle
Excused: Knudson
MOTION:
PLACE SB 111 ON CONSENT CALENDAR
Moved by: Heidepriem
Second by: Turbak
Action: Prevailed by voice vote.
SB 126: provide a defense of mutual mistake to certain adverse possession claims.
Presented by: Senator Gary Hanson (handout #1)
Opponents: Thomas Barnett Jr., State Bar Of SD
Roger Tellinghuisen, SD Trial Lawyers Association
MOTION:
DEFER SB 126 TO THE 41ST LEGISLATIVE DAY
Moved by: Knudson
Second by: Albers
Action: Prevailed by roll call vote.(5-2-0-0)
Voting Yes: Abdallah, Albers, Heidepriem, Knudson, Turbak
Voting No: Schmidt (Dennis), 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: Kim Malsam Rysdon, Department of Social Services
MOTION:
AMEND SB 106
"
Section 2. That
§
26-8A-14
be amended to read as follows:
26-8A-14.
Any person or party participating in good faith in the making of a report or the submitting
of copies of medical examination, treatment, or hospitalization records pursuant to §§ 26-8A-3 to 26-8A-8,
inclusive,
pursuant to section 1 of this Act,
or pursuant to any other provisions of this chapter, is immune
from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same
immunity for participation in any judicial proceeding resulting from the report. Immunity also extends in
the same manner to persons requesting the taking of photographs and X rays pursuant to § 26-8A-16, to
persons taking the photographs and X rays, to child protection teams established by the secretary of social
services, to public officials or employees involved in the investigation and treatment of child abuse or
neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in
good faith cooperates with a child protection team or the Department of Social Services in investigation,
placement, or a treatment plan. The provisions of this section or any other section granting or allowing the
grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or
neglect.
Section 3. That
§
26-8A-8
be amended to read as follows:
26-8A-8.
The reports required by §§ 26-8A-3, 26-8A-6,
and
26-8A-7
, and section 1 of this Act
and
by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the
state's attorney of the county in which the child resides or is present, to the Department of Social Services
or to law enforcement officers. The state's attorney or law enforcement officers, upon receiving a report,
shall immediately notify the Department of Social Services. Any person receiving a report of suspected
child abuse or child neglect shall keep the report confidential as provided in § 26-8A-13, except as
otherwise provided in chapter 26-7A or this chapter.
Moved by: Knudson
Second by: Turbak
Action: Prevailed by voice vote.
MOTION:
AMEND SB 106
"
Moved by: Knudson
Opponents: Judith Roberts, Unified Judicial System
Rena Ortbahn
Second by: Turbak
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 106 AS AMENDED
Moved by: Knudson
Second by: Albers
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: Abdallah, Albers, Knudson, Koetzle
Voting No: Heidepriem, Schmidt (Dennis), Turbak
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.
Bill was previously heard on Monday, January 29, 2007.
MOTION:
DEFER SB 134 TO THE 41ST LEGISLATIVE DAY
Moved by: Koetzle
Second by: Heidepriem
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle
The Chair deferred SB 146 until another day.
MOTION:
ADJOURN
Moved by: Albers
Second by: Schmidt (Dennis)
Action: Prevailed by voice vote.
Committee Secretary
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