82nd Legislative Session _ 2007

Committee: Senate Judiciary
Wednesday, February 07, 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, FEBRUARY 5, 2007

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

         SB 149: establish certain penalties and fines for the employment of illegal aliens.

Presented by:    Senator Jerry Apa
Opponents:    Ronald Olinger, SD Retailers Assn.

MOTION:     AMEND SB 149

149ra
     On page 1, line 4 of the printed bill, after " have " insert "knowingly".

     On page 1 , line 5, delete " illegal alien " and insert "unauthorized worker".


Moved by:    Knudson
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 149 TO THE 41ST LEGISLATIVE DAY

Moved by:    Heidepriem
Second by:    Knudson
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

         SB 192: require defendants to perform community service restitution when found guilty of vandalism to property in public or private cemeteries.

Presented by:    Senator Jerry Apa
Proponents:    Ronald Buskerud, Pennington County
Opponents:    Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:     AMEND SB 192

192fa
     On page 1 of the printed bill, delete line 13 , and insert "work shall be performed in the cemetery injured, damaged, or destroyed by the defendant. If necessary to complete the hours of community service within a two year period, the defendant may be required to perform community service work in one or more cemeteries within a fifty-mile radius of the defendant's home.".

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

MOTION:     AMEND SB 192

192ra
     On page 1, line 7 of the printed bill, delete " shall " and insert "may".

     On page 1 , line 8, delete " at least eight hundred hours of " .

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



MOTION:     DEFER SB 192 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Abdallah, Heidepriem, Turbak, Koetzle

Voting No:    Albers, Knudson, Schmidt (Dennis)

The Chair deferred SB 168 until Friday, February 9, 2007.

         SB 136: provide for the release of the juvenile monitor's report after clearance by the attorney general.

Presented by:    Senator Jason Gant
Proponents:    Charles McGuigan, Office of Attorney General
        Laurie Feiler, Department of Corrections
        Max Gors, Department of Corrections

MOTION:     AMEND SB 136

136rb
     On page 1, after line 9 of the printed bill, insert:

"
     Section 2. That § 26-11A-27 be amended to read as follows:

     26-11A-27.   The monitor created in § 26-11A-25 shall:

             (1)      Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;
             (2)      Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;
             (3)      Access any records of or relating to any individual in the custody or care of juvenile facilities;
             (4)      Provide a semi-annual report to the Governor, the Legislature, the Corrections Commission established by § 1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the six-month period immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations

completed, results of the investigations, corrective actions taken, a statement indicating if any investigation resulted in a finding of abuse or neglect, and a summary of other activities performed by the monitor;

             (5)      Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;
             (6)      Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;
             (7)      Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility and the custodial parent or guardian ;
             (8)    Submit a confidential addendum to each semiannual report to the Government Operations and Audit committee created in §  2-6-2, the Governor, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. This addendum shall contain a description of each case investigated, the specific findings and recommendations of the juvenile corrections monitor, and the Department of Corrections' response to the recommendations . ".

Moved by:    Albers
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 136

136rc
     In the previously adopted amendment (136rb), delete " statement indicating if any investigation " and insert " brief description of any investigation that "

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

MOTION:     DO PASS SB 136 AS AMENDED

Moved by:    Turbak
Second by:    Schmidt (Dennis)
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

MOTION:     TO AMEND TITLE OF SB 136



136rta
     On page 1, line 2 of the printed bill, after " general " insert "and to provide for a confidential addendum to the report".

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

         SB 146: allow a person over seventy years of age to establish a permanent exemption from jury service.

Presented by:    Senator Orville Smidt
Opponents:    Jay Davis, self, Rapid City

MOTION:     AMEND SB 146

146ja
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  That § 16-13-10 be amended to read as follows:
     16-13-10.   Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in § 19-13-16, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who is over seventy years of age is exempt from jury service if such person requests an exemption. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment. "


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

MOTION:     DEFER SB 146 TO THE 41ST LEGISLATIVE DAY

Moved by:    Heidepriem
Second by:    Turbak


Action:    Prevailed by roll call vote.(6-1-0-0)

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

Voting No:    Albers

         SB 215: eliminate certain filings with the Department of Social Services in adoption cases in which the children are not in the custody of the department.

Presented by:    Senator Orville Smidt
Proponents:    Virgena Wieseler, Department of Social Services (handout #1)

MOTION:     DO PASS SB 215

Moved by:    Knudson
Second by:    Albers
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak, Koetzle

MOTION:     PLACE SB 215 ON CONSENT CALENDAR

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

MOTION:     ADJOURN

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

Rena Ortbahn

____________________________

Committee Secretary
Gene G. Abdallah, Chair