85
th Legislative Session _ 2010
Committee: House Judiciary
Monday, February 22, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Engels
P Feinstein
P Gibson
P Gosch
P Hamiel
P Hoffman
P Killer
P Lust
P Moser
P Schlekeway
P Turbiville
P Hunt, Vice-Chair
P Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Joni Cutler.
MOTION: TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 19, 2010.
Moved by: Gosch
Second by: Hoffman
Action: Prevailed by voice vote.
HB 1272: revise certain provisions regarding paternity and termination of parental
rights.
Presented by: Representative Roger Hunt
Proponents: John Hughes, Self, Sioux Falls
Mary Beck, Self, Columbia, Mo. (Handouts: #1)
Elizabeth Russell, Self, Columbia, MO
Beth Hughes, Self, Sioux Falls
Chris Hupke, SD Family Policy Council
MOTION: DO PASS HB 1272
Moved by: Lust
Second by: Moser
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1272
1272ra
On page 18, after line 1 of the printed bill, insert:
" Section 33. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as
follows:
Any woman who has had sexual intercourse with a particular man shall notify the man of his
rights and responsibilities pursuant to this Act. In the absence of such notification, the provisions of
this Act, as to that man, are null and void.".
Moved by: Feinstein
Second by: Gibson
Action: Failed by voice vote.
MOTION: SUBSTITUTE MOTION DEFER HB 1272 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gibson
Second by: Feinstein
Action: Failed by roll call vote. (6-7-0-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Killer, Turbiville
Voting No: Hamiel, Hoffman, Lust, Moser, Schlekeway, Hunt, Cutler
THE MOTION TO DO PASS HB 1272
Moved by: Lust
Second by: Moser
Action: PREVAILED BY ROLL CALL VOTE. (7-6-0-0)
Voting Yes: Hamiel, Hoffman, Lust, Moser, Schlekeway, Hunt, Cutler
Voting No: Engels, Feinstein, Gibson, Gosch, Killer, Turbiville
*Gavel passed to Vice-Chair Hunt.
HB 1256: revise certain provisions regarding the enforcement of the requirement to
wear a seat belt in a motor vehicle.
*Prior testimony heard on Friday, February 19, 2010.
Presented by: Representative Joni Cutler
Proponents: Randy Hartley, Department of Public Safety
Darin Bergquist, Secretary, Department of Transportation
Dave Gerdes, General Motors Corporation
Laurie Gill, SD Department of Health (Handouts: #2)
Dean Krogman, SD State Medical Association
Paul Goldammer, Alliance of Automobile Manufacturers
Larry Nelson, SD Police Chiefs
Maynard J. Konechne, Self, Kimball
MOTION: DO PASS HB 1256
Moved by: Engels
Second by: Feinstein
Action: Failed by roll call vote. (6-7-0-0)
Voting Yes: Engels, Feinstein, Gibson, Killer, Schlekeway, Cutler
Voting No: Gosch, Hamiel, Hoffman, Lust, Moser, Turbiville, Hunt
MOTION: DEFER HB 1256 TO THE 41ST LEGISLATIVE DAY
Moved by: Gosch
Second by: Moser
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Gosch, Hamiel, Hoffman, Lust, Moser, Turbiville, Hunt
Voting No: Engels, Feinstein, Gibson, Killer, Schlekeway, Cutler
HB 1228: establish an ancillary standard in determining the best interests of a child.
Presented by: Representative Richard Engels
Proponents: Dan Todd, Department of Social Services
MOTION: AMEND HB 1228
1228ra
On page 1, line 4, of the printed bill, after "Section 1." Insert "That chapter 25-4 be amended
by adding thereto a NEW SECTION to read as follows:".
On page 1, line 8, after "." insert "Nothing in this Act effects the confidentiality of records and
files relating to reports of child abuse or neglect maintained by the Department of Social Services
pursuant to chapter 26-8A.".
Moved by: Hoffman
Second by: Feinstein
Action: Prevailed by voice vote.
MOTION: AMEND HB 1228
1228rb
On page 1, line 7 of the printed bill, before "neglect" insert "and".
Moved by: Feinstein
Second by: Engels
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1228 AS AMENDED
Moved by: Gibson
Second by: Feinstein
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Killer, Lust, Moser,
Schlekeway, Turbiville, Hunt, Cutler
MOTION: PLACE HB 1228 ON CONSENT CALENDAR
Moved by: Hoffman
Second by: Lust
Action: Prevailed by voice vote.
MOTION: REMOVE HB 1085 FROM THE TABLE
Moved by: Schlekeway
Second by: Moser
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Engels, Gosch, Hamiel, Hoffman, Killer, Lust, Moser, Schlekeway, Hunt, Cutler
Voting No: Feinstein, Gibson, Turbiville
HB 1085: prohibit certain interaction between children and registered sex offenders
at youth activities.
Presented by: Representative Manny Steele
MOTION: AMEND HB 1085
1085rc
On page 1 of the printed bill, delete lines 6 to 10, inclusive, and insert:
"
No person who is required to register as a sex offender pursuant to chapter 22-24B may be the
director, administrator, or executive officer of any youth participation program, group, or association
unless the sex offender had no criminal record against a child under sixteen. A violation of this
section is a Class 1 misdemeanor.".
Moved by: Moser
Second by: Hoffman
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1085 AS AMENDED
Moved by: Hunt
Second by: Schlekeway
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Gosch, Hamiel, Hoffman, Killer, Lust, Moser, Schlekeway, Hunt, Cutler
Voting No: Engels, Feinstein, Gibson
Excused: Turbiville
THE CHAIR DEFERRED SB 54 AND SB 55 UNTIL WEDNESDAY, FEBRUARY
24, 2010.
MOTION: ADJOURN
Moved by: Hoffman
Second by: Gosch
Action: Prevailed by voice vote.
Linda Daugaard
____________________________
Committee Secretary
Joni M. Cutler, Chair
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