86
th Legislative Session _ 2011
Committee: House Judiciary
Wednesday, February 02, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Abdallah
P Boomgarden
P Feinstein
P Gibson
P Hansen (Jon)
P Killer
P Kopp
P Nelson (Stace)
P Russell
P Tornow
P Turbiville
P Gosch, Vice-Chair
P Hunt, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Hunt.
MOTION: TO APPROVE THE MINUTES OF JANUARY 31, 2011
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by voice vote.
HB 1062: adopt the Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act.
Presented by: Representative David Lust
Proponents: Representative Marc Feinstein
Tom Simmons, Rapid City, self
Sam Wilson, AARP, Sioux Falls
MOTION: AMEND HB 1062
1062ra
On page 1, line 11, of the printed bill, after "29A-5" insert ", but excludes one who is merely
a guardian ad litem".
On page 1, line 12, after "guardian" insert ", limited guardian, or temporary guardian".
On page 2, delete line 1.
On page 2, line 2, delete "(7)" and insert "(6)".
On page 2, line 4, delete "(8)" and insert "(7)".
On page 2, line 4, delete "incapacitated person or" and insert ",".
On page 2, delete line 8, and insert "(8) "Protected person" means an adult for whom a guardian
or conservator has been appointed.".
On page 2, line 9, delete "(10)" and insert "(9)".
On page 2, line 11, delete "(11)" and insert "(10)".
On page 2, between lines 12 and 13, insert:
"
(11) "Provisional order" means a temporary, preliminary, or tentative order which must be
finalized by a subsequent order.".
On page 2, line 15, after "adult" insert "alleged to need protection".
On page 3, line 19, delete "incapacitated or".
On page 6, line 16, delete "guardian" and insert "temporary guardian pursuant to § 29A-5-315".
On page 6, line 17, after "state" insert "unless extended by the court for up to an additional
ninety days for good cause shown".
On page 6, line 20, delete "an incapacitated or" and insert "the".
On page 10, line 6, delete "incapacitated".
On page 10, line 7, before "protected" delete "or".
On page 10, line 12, delete "incapacitated" and insert "protected".
On page 10, line 16, delete "incapacitated" and insert "protected".
On page 10, line 17, delete "incapacitated" and insert "protected".
On page 11, line 21, delete "incapacitated".
On page 11, line 22, before "protected" delete "or".
On page 12, line 3, delete "incapacitated or".
On page 12, line 13, delete "incapacitated or".
Moved by: Feinstein
Second by: Killer
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1062 AS AMENDED
Moved by: Feinstein
Second by: Killer
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Abdallah, Boomgarden, Feinstein, Hansen (Jon), Killer, Kopp, Nelson (Stace),
Russell, Tornow, Turbiville, Gosch, Hunt
Excused: Gibson
HB 1151: provide procedures by which adopted persons may obtain their original
birth certificates.
Presented by: Representative Jim Bolin
Proponents: DiAnn Kleinsasser, Pierre, self
Opponents: Rita Houglum, Eagle Forum
MOTION: AMEND HB 1151
1151ra
On page 1, line 14, of the printed bill, delete ", any descendent of" and insert "or incapacitated,
any person within the third degree of kinship with".
Moved by: Tornow
Second by: Russell
Action: Prevailed by voice vote.
MOTION: DEFER HB 1151 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gosch
Second by: Hansen (Jon)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1151 AS AMENDED
Moved by: Tornow
Second by: Nelson (Stace)
Action: Failed by roll call vote. (5-7-1-0)
Voting Yes: Feinstein, Killer, Nelson (Stace), Tornow, Hunt
Voting No: Abdallah, Boomgarden, Hansen (Jon), Kopp, Russell, Turbiville, Gosch
Excused: Gibson
MOTION: DEFER HB 1151 TO THE 41
ST LEGISLATIVE DAY
Moved by: Gosch
Second by: Hansen (Jon)
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Abdallah, Boomgarden, Hansen (Jon), Kopp, Russell, Turbiville, Gosch, Hunt
Voting No: Feinstein, Killer, Nelson (Stace), Tornow
Excused: Gibson
HB 1154: require persons convicted of crimes involving domestic abuse to support
domestic abuse shelters.
Presented by: Representative David Lust
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Lynn Valenti, Dept. Of Social Services
MOTION: AMEND HB 1154
1154ja
On page 1, line 6, of the printed bill, delete "abuse" and insert "violence".
On page 1, line 8, delete "abuse" and insert "violence".
Moved by: Abdallah
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1154 AS AMENDED
Moved by: Abdallah
Second by: Gibson
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Abdallah, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Turbiville, Hunt
Voting No: Boomgarden, Nelson (Stace), Tornow, Gosch
MOTION: AMEND TITLE OF HB 1154
1154jta
On page 1 of the printed bill, delete line 2, and insert "violence to support domestic violence
programs.".
Moved by: Turbiville
Second by: Gibson
Action: Prevailed by voice vote.
HB 1156: define intentional strangulation as aggravated assault and provide a penalty
therefor.
Presented by: Representative David Lust
Proponents: Dianna Miller, SD Network Against Family Violence & Sexual Assault
Tracy Decker, Rapid City, self
Opponents: Traci Smith, Sioux Falls, self (via telephone)
MOTION: AMEND HB 1156
1156ja
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter 22-18 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who commits an aggravated assault by intentionally engaging in the strangulation
of another shall have the offense enhanced to the next, more severe class. For the purpose of this
section, strangulation means the application of pressure to another person's throat or neck, or the
blocking of the person's nose or mouth, that creates a risk of death or substantial bodily harm."
Moved by: Nelson (Stace)
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
MOTION: DEFER HB 1156 TO THE 41
ST LEGISLATIVE DAY
Moved by: Tornow
Second by: Gosch
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Boomgarden, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Tornow,
Turbiville, Gosch, Hunt
Voting No: Abdallah, Nelson (Stace)
HB 1161: prohibit the use of certain photo radar speed detection systems and of
certain photo monitoring devices to detect red light violations.
THE CHAIR DEFERRED HB 1161 UNTIL MONDAY, FEBRUARY 7, 2011
HB 1195: restrict, under certain circumstances, the creation and transfer of
conservation easements.
Due to time constraints, the committee was not able to hear HB 1195. However, the Chair did ask
if anyone from out of town wished to testify today. Mr. Faulstich did so, as he will not be able to
return on the day the bill will be heard.
Opponents: Jim Faulstich, Highmore, self
MOTION: ADJOURN
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by voice vote.
Cindy Tryon
____________________________
Committee Secretary
Roger W. Hunt, Chair
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