House Judiciary Minutes 02/26/2007 7:45 AM

82^nd Legislative Session _ 2007

Committee: House Judiciary

Monday, February 26, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Buckingham
P    Engels
P    Feinstein
P    Gillespie
P    Gilson
P    Hunt, Vice-Chair
E    Lust
P    Moore
P    Peters
P    Vanneman
P    Vehle
P    Willadsen
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Cutler, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 23, 2007

Moved by:    Willadsen
Second by:    Vehle
Action:    Prevailed by voice vote.

         SB 97: revise certain miscellaneous provisions of the trust statutes.

Presented by:    Senator Dave Knudson

MOTION:     DO PASS SB 97

Moved by:    Engels
Second by:    Feinstein
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

Excused:    Lust

MOTION:     PLACE SB 97 ON CONSENT CALENDAR

Moved by:    Feinstein
Second by:    Peters
Action:    Prevailed by voice vote.

         SB 99: adopt the Uniform Principal and Income Act.

Presented by:    Senator Dave Knudson

MOTION:     DO PASS SB 99

Moved by:    Buckingham
Second by:    Peters
Action:    Prevailed by roll call vote.(11-0-1-0)

Voting Yes:    Engels, Feinstein, Gillespie, Gilson, Hunt, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

Excused:    Lust

         SB 98: revise or clarify certain provisions relating to the classification and creation of trusts.

Presented by:    Senator Dave Knudson
Proponents:    Frances Becker, self, Rapid City

MOTION:     DO PASS SB 98

Moved by:    Feinstein
Second by:    Engels
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

Excused:    Lust

         SB 168: revise certain provisions regarding the reporting requirements of the juvenile corrections monitor.

Presented by:    Representative Tim Rounds
Proponents:    Susan Randall, SD Voices For Children
Opponents:    Neil Fulton, Governor's Office

MOTION:     DEFER SB 168 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Peters
Second by:    Hunt
Action:    Was not acted on.

The Chair deferred SB 168 until Bottom of Agenda in order to give Senator Hunhoff, the prime sponsor, an opportunity to testify.

         SB 180: provide for the recognition of certain adoption orders from foreign jurisdictions and to provide for the issuance of birth certificates for certain inter- country adoptions.

Presented by:    Representative Tom Hackl

The Chair deferred SB 180 until Wednesday, February 28, 2007.

         SB 111: codify legislation enacted in 2006.

Presented by:    Doug Decker, Legislative Research Council

MOTION:     DO PASS SB 111

Moved by:    Hunt
Second by:    Feinstein
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Moore, Peters, Vanneman, Willadsen, Cutler

Excused:    Lust, Vehle

MOTION:     PLACE SB 111 ON CONSENT CALENDAR

Moved by:    Moore
Second by:    Feinstein
Action:    Prevailed by voice vote.

         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:    Representative Kathy Miles
Proponents:    Senator Orville Smidt
        Ann Holzhauser, Department of Social Services (Handout A)

MOTION:     DO PASS SB 215

Moved by:    Peters
Second by:    Gilson
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Moore, Peters, Vanneman, Willadsen, Cutler

Excused:    Lust, Vehle

MOTION:     PLACE SB 215 ON CONSENT CALENDAR

Moved by:    Willadsen
Second by:    Gilson
Action:    Prevailed by voice vote.

Gavel passed to Representative Hunt, Vice Chair.

         SB 193: prohibit the abuse of certain elderly persons and to revise certain provisions regarding the abuse of disabled adults.

Presented by:    Representative Joni Cutler
Proponents:    Sam Wilson, AARP
        Deb Bowman, Dept of Social Services

MOTION:     AMEND SB 193

On page 3, line 11 of the Senate Health and Human Services Committee engrossed bill, after " from any " insert " civil ".

On page 3 , line 11, overstrike " , civil or " .

On page 3 , line 12, overstrike " criminal " .

On page 3 , line 23, delete " or criminal " .

Moved by:    Buckingham
Second by:    Lust
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 193

On page 3, line 23 of the Senate Health and Human Services Committee engrossed bill, delete " or criminal " .

Moved by:    Gillespie
Second by:    Feinstein
Action:    Failed by voice vote.

MOTION:     DO PASS SB 193

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

MOTION:     SUBSTITUTE MOTION AMEND SB 193

On page 4, line 1 of the Senate Health and Human Services Committee engrossed bill, delete " to any public official involved " .

On page 4 , line 2, delete everything before " to " .

Moved by: Lust

Second by:    Peters
Action:    Failed by roll call vote.(5-8-0-0)

Voting Yes:    Buckingham, Hunt, Lust, Peters, Vehle

Voting No:    Engels, Feinstein, Gillespie, Gilson, Moore, Vanneman, Willadsen, Cutler

MOTION:     SUBSTITUTE MOTION DO PASS SB 193

Moved by:    Gillespie
Second by:    Cutler
Action:    Prevailed by roll call vote.(12-1-0-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gillespie, Gilson, Lust, Moore, Peters, Vanneman, Vehle, Willadsen, Cutler

Voting No:    Hunt

Gavel passed to Representative Cutler, Chair.

         SB 168: revise certain provisions regarding the reporting requirements of the juvenile corrections monitor.

Presented by:    Senator Jean Hunhoff

MOTION:     DEFER SB 168 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Peters
Second by:    Hunt
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 168

Moved by:    Engels
Second by:    Gillespie
Action:    Failed by roll call vote.(5-8-0-0)

Voting Yes:    Engels, Feinstein, Gillespie, Vehle, Cutler

Voting No:    Buckingham, Gilson, Hunt, Lust, Moore, Peters, Vanneman, Willadsen

MOTION:     DEFER SB 168 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Peters
Second by:    Hunt
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Buckingham, Gilson, Lust, Moore, Peters, Vanneman, Willadsen

Voting No:    Engels, Feinstein, Gillespie, Hunt, Vehle, Cutler

MOTION:     ADJOURN

Moved by:    Vehle
Second by:    Peters
Action:    Was not acted on.

Carolyn Jorgensen

____________________________

Committee Secretary

Joni M. Cutler, Chair