Committee: Senate Judiciary
Tuesday, February 23, 2010
P - Present
E - Excused
A - Absent
Roll Call
P Gillespie
P Heidepriem
P Schmidt
E Turbak Berry
P Vehle
P Tieszen, Vice-Chair
P Abdallah, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Gene G. Abdallah, Chair.
MOTION: TO APPROVE THE MINUTES OF THURSDAY, FEBRUARY 18, 2010
Moved by: Heidepriem
Second by: Schmidt
Action: Prevailed by voice vote.
HB 1008: codify legislation enacted in 2009.
Presented by: Representative Thomas Deadrick
MOTION: DO PASS HB 1008
Moved by: Vehle
Second by: Gillespie
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Gillespie, Schmidt, Vehle, Tieszen, Abdallah
Excused: Heidepriem, Turbak Berry
MOTION: PLACE HB 1008 ON CONSENT CALENDAR
Moved by: Tieszen
Second by: Vehle
Action: Prevailed by voice vote.
HB 1047: revise certain powers of a conservator.
Presented by: Dan Todd, Department of Social Services
Proponents: Laurie Bauer, Department of Human Services
Thomas C. Barnett Jr., State Bar of SD
MOTION: AMEND HB 1047
On the House Judiciary Committee engrossed bill, delete everything after the enacting clause
and insert:
Notwithstanding any other statutory provision to the contrary, if the State of South Dakota is the
conservator of a protected person and if the assets of the conservatorship are less than two thousand
dollars, upon the death of the protected person, the conservator may elect to provide notice pursuant
to § 29A-5-410 and obtain court approval to pay the debts and distribute the assets of the protected
person to the heirs and devisees of the protected person pursuant to chapter 29A-2."
On page 1, line 1, of the House Judiciary Committee engrossed bill, delete everything after "to"
and insert "clarify certain powers of the state as conservator of a protected person.".
Moved by: Tieszen
Second by: Gillespie
Action: Prevailed by voice vote.
HB 1062: provide for certain mandatory training for county coroners.
Presented by: Marty Jackley, Attorney General
Proponents: Bob Miller, SD Funeral Director's Assn.
Staci Eggert, SD Sheriff's Association
MOTION: DO PASS HB 1062
Moved by: Tieszen
Second by: Gillespie
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Tieszen, Abdallah
Excused: Turbak Berry
HB 1063: repeal the responsibility of the attorney general to fix certain liability
insurance limits for sheriffs.
Presented by: Marty Jackley, Attorney General
Proponents: Staci Eggert, SD Sheriff's Association
MOTION: DO PASS HB 1063
Moved by: Tieszen
Second by: Heidepriem
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Tieszen, Abdallah
Excused: Turbak Berry
MOTION: PLACE HB 1063 ON CONSENT CALENDAR
Moved by: Tieszen
Second by: Gillespie
Action: Prevailed by voice vote.
HB 1064: establish a process for persons exposed to certain blood-borne infections
to require testing for blood-borne pathogens and to provide for the confidentiality of
the source individual.
Presented by: Marty Jackley, Attorney General
Proponents: Bob Miller, SD Funeral Director's Assn.
MOTION: DO PASS HB 1064
Moved by: Vehle
Second by: Tieszen
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Tieszen, Abdallah
Excused: Turbak Berry
HB 1065: establish quarterly escrow payments by nonparticipating tobacco
manufacturers.
Presented by: Marty Jackley, Attorney General
MOTION: DO PASS HB 1065
Moved by: Vehle
Second by: Tieszen
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Tieszen, Abdallah
Excused: Turbak Berry
HB 1070: revise certain provisions relating to the voidability of gambling contracts.
Presented by: Representative Richard Engels (handout: #1)
MOTION: DO PASS HB 1070
Moved by: Heidepriem
Second by: Gillespie
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Abdallah
Excused: Turbak Berry, Tieszen
HB 1073: clarify certain provisions relating to a court's continuing jurisdiction to
revoke probation or a suspended execution of sentence.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1073
Moved by: Gillespie
Second by: Heidepriem
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Abdallah
Excused: Turbak Berry, Tieszen
HB 1074: allow copies of juvenile files to be provided to certain named parties or by
court order rather than limiting use to inspection of the file only.
Presented by: Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1074
Moved by: Vehle
Second by: Heidepriem
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Gillespie, Heidepriem, Schmidt, Vehle, Tieszen, Abdallah
Excused: Turbak Berry
MOTION: PLACE HB 1074 ON CONSENT CALENDAR
Moved by: Gillespie
Second by: Vehle
Action: Prevailed by voice vote.
MOTION: ADJOURN
Moved by: Gillespie
Second by: Vehle
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Gene G. Abdallah, Chair
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