P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Joni Cutler, Chair .
MOTION:
TO APPROVE THE MINUTES OF MONDAY, JANUARY 14, 2008
E - Excused
A - Absent
P Buckingham
P Engels
P Feinstein
P Gillespie
P Gilson
P Hunt, Vice-Chair
P Lust
P Moore
P Peters
P Vanneman
P Vehle
P Willadsen
P Cutler, Chair
Moved by: Hunt
Second by: Willadsen
Action: Prevailed by voice vote.
HB 1061: revise the penalty for the distribution or possession with intent to distribute
marijuana to a minor.
Presented by: Scott Swier, Office of Attorney General
Opponents: Roger Tellinghuisen, SD Trial Lawyers Association
MOTION:
DO PASS HB 1061
Moved by: Willadsen
Second by: Gilson
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1061
On page 2, line 1, delete "
one-half pound but less than
".
On page 2, line 1, after "
pound
" insert "
or more
".
On page 2, line 2, delete everything after "
.
" .
On page 2, line 3, delete everything before "A" .
Moved by: Engels
Second by: Peters
Action: Prevailed by roll call vote. (7-4-2-0)
Voting Yes: Engels, Feinstein, Hunt, Moore, Peters, Vehle, Cutler
Voting No: Buckingham, Gilson, Vanneman, Willadsen
Excused: Gillespie, Lust
MOTION:
DO PASS HB 1061 AS AMENDED
Moved by: Peters
Second by: Hunt
Action: Prevailed by roll call vote. (11-0-2-0)
Voting Yes: Buckingham, Engels, Feinstein, Gilson, Hunt, Moore, Peters, Vanneman, Vehle,
Willadsen, Cutler
Excused: Gillespie, Lust
HB 1062: include officers of the National Park Service in the definition of a federal
law enforcement officer.
Presented by: Scott Swier, Office of Attorney General
MOTION:
DO PASS HB 1062
Moved by: Moore
Second by: Buckingham
Action: Prevailed by roll call vote. (9-2-2-0)
Voting Yes: Buckingham, Engels, Feinstein, Gilson, Moore, Vanneman, Vehle, Willadsen, Cutler
Voting No: Hunt, Peters
Excused: Gillespie, Lust
HB 1088: revise certain provisions relating to temporary custody prior to divorce or
separate maintenance.
Presented by: Representative Mike Vehle
Proponents: Casey Murschel, Sioux Falls
Tom Barnett, State Bar Association
Caitlin Collier, SDANW
MOTION:
DO PASS HB 1088
Moved by: Engels
Second by: Feinstein
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Buckingham, Engels, Feinstein, Gilson, Hunt, Lust, Moore, Peters, Vanneman,
Vehle, Willadsen, Cutler
Excused: Gillespie
HB 1089: revise certain provisions relating to the rights and duties of joint legal
custodians.
Presented by: Representative Mike Vehle
Proponents: Casey Murschel, Sioux Falls
Opponents: Caitlin Collier, SDANW
Judith Roberts, Unified Judicial System
Tom Barnett, State Bar Association of South Dakota
MOTION:
DEFER HB 1089 TO THE 36TH LEGISLATIVE DAY
Moved by: Buckingham
Second by: Peters
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1089
Moved by: Hunt
Second by: Gillespie
Action: Failed by roll call vote. (5-8-0-0)
Voting Yes: Buckingham, Engels, Gillespie, Hunt, Vehle
Voting No: Feinstein, Gilson, Lust, Moore, Peters, Vanneman, Willadsen, Cutler
MOTION:
SUBSTITUTE MOTION DO PASS HB 1089
Moved by: Feinstein
Second by: Hunt
Action: Failed by roll call vote. (4-9-0-0)
Voting Yes: Engels, Feinstein, Hunt, Vehle
Voting No: Buckingham, Gillespie, Gilson, Lust, Moore, Peters, Vanneman, Willadsen, Cutler
MOTION:
DEFER HB 1089 TO THE 36TH LEGISLATIVE DAY
Moved by: Buckingham
Second by: Peters
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Buckingham, Gilson, Lust, Moore, Peters, Vanneman, Willadsen, Cutler
Voting No: Engels, Feinstein, Gillespie, Hunt, Vehle
HB 1090: require that most records and applications regarding a child reference the
names and addresses of both parents.
Presented by: Representative Mike Vehle
Proponents: Casey Murschel, Sioux Falls
Caitlin Collier, SDANW
Opponents: Dick Tieszen, Associated School Boards of SD
Roger Tellinghuisen, SD Trial Lawyers Association
MOTION:
AMEND HB 1090
Moved by: Lust
Second by: Gillespie
Action: Prevailed by voice vote.
MOTION:
DEFER HB 1090 TO THE 36TH LEGISLATIVE DAY
Moved by: Willadsen
Second by: Peters
Action: Was not acted on.
MOTION:
DO PASS HB 1090 AS AMENDED
Moved by: Hunt
Second by: Feinstein
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Hunt, Lust, Moore, Vanneman, Vehle, Cutler
Voting No: Gillespie, Gilson, Peters, Willadsen
HB 1091: provide that either parent is to reasonably inform the other parent about
routine decisions concerning children when residing with the other.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Caitlin Collier, SDANW
Opponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Tom Barnett, State Bar Association
MOTION:
DO PASS HB 1091
Moved by: Hunt
Second by: Feinstein
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1091 TO THE 36TH LEGISLATIVE DAY
Moved by: Peters
Second by: Willadsen
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Buckingham, Engels, Gillespie, Gilson, Lust, Moore, Peters, Vanneman, Willadsen,
Cutler
Voting No: Feinstein, Hunt, Vehle
HB 1092: revise certain terminology in the statutes providing for standard child
visitation guidelines.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Judith Roberts, Unified Judicial System
Tom Barnett, State Bar Association
MOTION:
DO PASS HB 1092
Moved by: Peters
Second by: Hunt
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters,
Vanneman, Vehle, Willadsen, Cutler
MOTION:
PLACE HB 1092 ON CONSENT CALENDAR
Moved by: Buckingham
Second by: Willadsen
Action: Prevailed by voice vote.
HB 1093: revise certain provisions relating to the custody, service, and earnings of
children.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Opponents: Judith Roberts, Unified Judicial System
Tom Barnett, State Bar Association
Caitlin Collier, SDANW
MOTION:
AMEND HB 1093
On page 2, line 5, after "custody" insert "as determined by
§
25-5-10".
Moved by: Gillespie
Second by: Moore
Action: Prevailed by voice vote.
MOTION:
AMEND HB 1093
HB 1095: adopt the South Dakota Family Law Arbitration Act and provide for its
implementation and enforcement.
Tom Barnett, State Bar Association
Moved by: Engels
Second by: Peters
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1093 AS AMENDED
Moved by: Hunt
Second by: Vehle
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters,
Vanneman, Vehle, Willadsen, Cutler
HB 1094: repeal certain provisions concerning the rights of custodial parents that
have been superseded by other statutes.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Opponents: Caitlin Collier, SDANW
Tom Barnett, State Bar Association
MOTION:
DEFER HB 1094 TO THE 36TH LEGISLATIVE DAY
Moved by: Engels
Second by: Gilson
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1094
Moved by: Hunt
Second by: Vehle
Action: Failed by roll call vote. (2-11-0-0)
Voting Yes: Hunt, Vehle
Voting No: Buckingham, Engels, Feinstein, Gillespie, Gilson, Lust, Moore, Peters, Vanneman,
Willadsen, Cutler
MOTION:
DEFER HB 1094 TO THE 36TH LEGISLATIVE DAY
Moved by: Engels
Second by: Gilson
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Gillespie, Gilson, Lust, Moore, Peters, Vanneman,
Willadsen, Cutler
Voting No: Hunt, Vehle
COMMITTEE MEETING WAS RECESSED UNTIL IMMEDIATELY FOLLOWING SESSION.
COMMITTEE MEETING CONVENED AT 3:15 PM.
Presented by: Representative Mike Vehle
Proponents: LindaLea M. Viken, Rapid City, SD
Opponents: Caitlin Collier, SDANW
Judith Roberts, Unified Judicial System
RECESSED; CONVENED AT 4:20 PM.
MOTION:
DEFER HB 1095 TO THE 36TH LEGISLATIVE DAY
Moved by: Peters
Second by: Willadsen
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Buckingham, Engels, Gillespie, Gilson, Hunt, Lust, Moore, Peters, Vanneman,
Willadsen, Cutler
Voting No: Feinstein, Vehle
HB 1096: authorize the court appointment of parenting coordinators in certain
custody and visitation disputes.
Presented by: Representative Mike Vehle
Proponents: LindaLea M. Viken, Rapid City, SD
Opponents: Judith Roberts, Unified Judicial System
MOTION:
AMEND HB 1096
On page 1, delete lines 8 and 9.
Moved by: Vehle
On page 1, delete lines 8 to 14, inclusive.
On page 2, delete lines 1 and 2.
Moved by: Hunt
Second by: Moore
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1096 AS AMENDED
Moved by: Buckingham
Second by: Gilson
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Buckingham, Engels, Feinstein, Gilson, Hunt, Lust, Moore, Peters, Vanneman,
Vehle, Willadsen, Cutler
Excused: Gillespie
HB 1097: provide for the imposition of certain sanctions against parties who willfully
do not comply with custody or visitation decrees.
Presented by: Representative Mike Vehle
Proponents: LindaLea M. Viken, Rapid City, SD
Judith Roberts, Unified Judicial System
MOTION:
DO PASS HB 1097
Moved by: Gilson
Second by: Feinstein
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Buckingham, Engels, Feinstein, Gilson, Hunt, Lust, Moore, Peters, Vanneman,
Vehle, Willadsen, Cutler
Excused: Gillespie
HB 1098: revise certain provisions relating to the rights of alleged contemnors in
visitation and custody matters.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Opponents: Tom Barnett, State Bar Association
Jennifer Ring, ACLU of The Dakotas
MOTION:
DEFER HB 1098 TO THE 36TH LEGISLATIVE DAY
Moved by: Lust
Second by: Peters
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Buckingham, Engels, Feinstein, Gillespie, Gilson, Hunt, Lust, Moore, Peters,
Vanneman, Cutler
Voting No: Vehle, Willadsen
HB 1099: require custody or visitation dispute mediation under certain
circumstances.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Caitlin Collier, SDANW
Opponents: Judith Roberts, Unified Judicial System
Tom Barnett, State Bar Association
MOTION:
DEFER HB 1099 UNTIL JANUARY 23, 2008
Moved by: Peters
Second by: Gillespie
Action: Prevailed by voice vote.
HB 1100: create a rebuttable presumption against the award of custody to any person
with a proven history of domestic abuse.
Presented by: Representative Mike Vehle
Proponents: Debra Watson, Rapid City, SD
Dianna Miller, SD Network Against Family Violence & Sexual Assault
Tom Barnett, State Bar Association
Caitlin Collier, SDANW
Opponents: Jennifer Ring, ACLU of The Dakotas
MOTION:
DEFER HB 1100 UNTIL JANUARY 23, 2008
Moved by: Gillespie
Second by: Hunt
Action: Prevailed by voice vote.
HB 1101: provide for an order of joint physical care over certain children whose
parents exercise joint legal custody and to create a rebuttable presumption against
joint legal custody and joint physical custody under certain circumstances.
Presented by: Representative Mike Vehle
Proponents: Casey Murschel, Sioux Falls (Handout #1)
Opponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Caitlin Collier, SDANW
MOTION:
DEFER HB 1101 TO THE 36TH LEGISLATIVE DAY
Moved by: Willadsen
Second by: Peters
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1101
On page 2, delete lines 1 to 6, inclusive.
Carolyn Jorgensen
Moved by: Gillespie
Second by: Feinstein
Action: Failed by voice vote.
MOTION:
DEFER HB 1101 TO THE 36TH LEGISLATIVE DAY
Moved by: Willadsen
Second by: Peters
Action: Prevailed by roll call vote. (8-5-0-0)
Voting Yes: Buckingham, Gilson, Lust, Moore, Peters, Vanneman, Willadsen, Cutler
Voting No: Engels, Feinstein, Gillespie, Hunt, Vehle
HB 1102: provide for a statewide visitation enforcement program and to provide for
its funding by making an appropriation therefor.
Presented by: Representative Mike Vehle
MOTION:
REFER HB 1102 TO APPROPRIATIONS
Moved by: Cutler
Second by: Peters
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Gillespie
Second by: Peters
Action: Prevailed by voice vote.
Committee Secretary
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