2008 Legislative Session _ 2008

Committee: House Judiciary
Wednesday, January 23, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
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

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Joni Cutler, Chair.

MOTION:     TO APPROVE THE MINUTES OF JANUARY 16, 2008

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

CHAIR CUTLER DEFERRED HB 1063.

         HB 1064: revise the crime of aggravated incest.

Presented by:    Scott Swier, Office of Attorney General


MOTION:     DO PASS HB 1064

Moved by:    Lust
Second by:    Feinstein
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 1073: require abuse and neglect registry screening for certain special advocacy volunteers and guardians ad litem.

Presented by:    Virgena Wieseler, Department of Social Services

MOTION:     AMEND HB 1073

1073ra

On page 1, line 8, of the printed bill, after " ad litem " insert " for a child in a proceeding pursuant to chapter 26-8A ".


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

MOTION:     AMEND HB 1073

1073rb

On page 1, line 7, of the printed bill, delete " any agency administering the appointment of " and insert " any entity recognized as administering a CASA program as provided in §  16-2-51 ".

On page 1, line 8, delete " special advocates for children ".


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

MOTION:     DO PASS HB 1073 AS AMENDED


Moved by:    Peters
Second by:    Willadsen
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

CHAIR CUTLER DEFERRED HB 1074.

         HB 1075: require certain criminal record checks in adoption home studies for children in the custody of the Department of Social Services.

Presented by:    Virgena Wieseler, Department of Social Services

MOTION:     DO PASS HB 1075

Moved by:    Engels
Second by:    Feinstein
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 1121: prohibit the employment of illegal aliens and to provide a penalty therefor.

Presented by:    Representative Tom Hackl
Proponents:    Margo Northrup, National Federation of Independent Business
Opponents:    Marcia Hultman, Department of Labor
        David Owen, SD Chamber of Commerce & Industry
        Ron Olinger, SD Retailers
        Brenda Forman, SD Assn. Of Cooperatives

MOTION:     DEFER HB 1121 TO THE 36TH LEGISLATIVE DAY

Moved by:    Willadsen
Second by:    Gilson
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 1138: prohibit the use of a false academic degree or a degree that is not

completed.

Presented by:    Representative Al Novstrup
Proponents:    Charles McGuigan, Office of Attorney General
        Jim Shekleton, SD Board of Regents

MOTION:     AMEND HB 1138

1138ra

On page 1, line 15, of the printed bill, after "regional" insert ", state, or national".


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

MOTION:     SUBSTITUTE MOTION AMEND HB 1138

1138rb

On page 1, line 15, of the printed bill, delete "a regional" and insert "an".


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

MOTION:     AMEND HB 1138

1138ra

On page 1, line 15, of the printed bill, after "regional" insert ", state, or national".


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

MOTION:     DO PASS HB 1138 AS AMENDED

Moved by:    Willadsen


Second by:    Peters
Action:    Was not acted on.

MOTION:     THE CHAIR DEFERRED HB 1138 UNTIL LATER IN THE MEETING

        
HB 1099: require custody or visitation dispute mediation under certain circumstances.

MOTION:     AMEND HB 1099

1099rb

On page 2, line 1, of the printed bill, delete " proven ".


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

THE CHAIR DEFERRED HB 1099 UNTIL LATER IN THE MEETING.

         HB 1100: create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse.

MOTION:     AMEND HB 1100

1100ra

On page 1, line 9, of the printed bill, delete " proven ".

On page 1, line 10, delete " proven ".

On page 1, after line 12, insert:

"
     Section 2. That chapter 25-4 be amended by adding thereto a NEW SECTION to read as follows:

     For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration shall include the issuance of a protection order against a parent, the existence of a report of a law enforcement officer responding to the scene of alleged domestic abuse, or the

arrest of a parent following response of law enforcement to a report of alleged domestic abuse, or a conviction for domestic abuse.".


Moved by:    Gillespie
Second by:    Moore
Action:    Was not acted on.

MOTION:     AMEND THE PENDING AMENDMENT

1100rb

In the pending motion (1100ra), delete "shall' and insert "may".

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

MOTION:     AMEND HB 1100

1100ra

On page 1, line 9, of the printed bill, delete " proven ".

On page 1, line 10, delete " proven ".

On page 1, after line 12, insert:

"
     Section 2. That chapter 25-4 be amended by adding thereto a NEW SECTION to read as follows:

     For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration shall include the issuance of a protection order against a parent, the existence of a report of a law enforcement officer responding to the scene of alleged domestic abuse, or the arrest of a parent following response of law enforcement to a report of alleged domestic abuse, or a conviction for domestic abuse.".


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


MOTION:     AMEND HB 1100

1100rc

On page 1, line 9, of the printed bill, delete " proven ".

On page 1, line 10, delete " proven ".

On page 1, after line 12, insert:

"
     Section 2. That chapter 25-4 be amended by adding thereto a NEW SECTION to read as follows:

     For purposes of this chapter, in determining whether a history of domestic abuse exists, the court's consideration shall include the issuance of a protection order against a parent, or the arrest of a parent following response of law enforcement to a report of alleged domestic abuse, or a conviction for domestic abuse.".


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

MOTION:     DO PASS HB 1100 AS AMENDED

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

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

Voting No:    Buckingham

        
HB 1099: require custody or visitation dispute mediation under certain circumstances.

MOTION:     AMEND HB 1099

1099ra

On page 1, line 5, of the printed bill, remove the overstrikes from " unless the ".

On page 1, delete line 6, and insert "court deems it inappropriate under the facts of the case".

On page 1, line 7, delete " the written request of either parent ".


Moved by:    Gillespie
Second by:    Lust
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1099 AS AMENDED

Moved by:    Lust
Second by:    Moore
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 1138: prohibit the use of a false academic degree or a degree that is not completed.

MOTION:     AMEND HB 1138

1138rc

On page 2, line 1, of the printed bill, after "2008," delete "nor".

On page 2, line 3, after "2008" insert ", nor for a degree granted by an institution in another country similarly recognized or accredited under the laws of that country".


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

MOTION:     DO PASS HB 1138 AS AMENDED

Moved by:    Peters


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

Voting Yes:    Buckingham, Engels, Hunt, Peters, Vehle, Willadsen, Cutler

Voting No:    Feinstein, Gillespie, Gilson, Lust, Moore, Vanneman

MOTION:     ADJOURN

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

Carolyn Jorgensen

____________________________

Committee Secretary
Joni M. Cutler, Chair


../01230730.HJU
Page 1