82nd Legislative Session _ 2007

Committee: Senate Judiciary
Wednesday, January 31, 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 MONDAY, JANUARY 29, 2007

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

106ra
     On page 1, line 5 of the printed bill, after " Section 1. " insert "That chapter 26-8A be amended by adding thereto a NEW SECTION to read as follows:".

     On page 1 , delete lines 9 to 11 , inclusive, and insert "report that information in accordance with §  26- 8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor.".

     On page 1 , delete lines 12 to 14 , inclusive, and insert:

"      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.

     The person receiving a report alleging child abuse or neglect shall ask whether or not the reporting party desires a response report. If requested by the reporting person, the Department of Social Services or the concerned law enforcement officer shall issue within thirty days, a written acknowledgment of receipt of the report and a response stating whether or not the report will be investigated. ".

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

MOTION:     AMEND SB 106

106rb
     On page 1, line 5 of the printed bill, delete " within the third degree of kinship to " and insert "a relative of".

     On page 1 , between lines 11 and 12, insert:

"


     As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, stepparent, or stepsibling.".

Moved by:    Knudson
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.

Opponents:    Judith Roberts, Unified Judicial System

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.

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair


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