House Judiciary Minutes 1/28/2008 07:45 AM

2008 Legislative Session _ 2008

Committee: House Judiciary

Monday, January 28, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Buckingham
P    Engels
P    Feinstein
E    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 Chair Cutler.

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, JANUARY 25, 2008.

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

         HB 1074: authorize court ordered release of certain child abuse or neglect records.

MOTION: TO TABLE HB 1074

Moved by: Buckingham

Second by:    Peters
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 1130: revise certain provisions relating to the implementation by the court of the standard visitation guidelines.

Presented by:    Judith Roberts, Unified Judicial System
Proponents:    Deb Bowman, Department of Social Services

MOTION:     AMEND HB 1130

On page 1, line 7, of the printed bill, after "visitation" delete " , or " and insert ",".

On page 1, line 7, remove the overstrikes from " ~~or child support~~ ".

On page 1, line 8, after "guidelines." Insert " If the request is made in a child support proceeding, compliance with chapter 26-5B, including appropriate notice and an opportunity to be heard, if not previously provided, is required. ".

On page 1, line 10, delete " currant " and insert " current ".

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

MOTION:     DO PASS HB 1130 AS AMENDED

Moved by:    Feinstein
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 1122: increase the jurisdictional amount in certain civil actions and small claims proceedings.

Presented by:    Representative Richard Engels
Proponents:    Ron Olinger, SD Retailers
        Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:     DO PASS HB 1122

Moved by:    Lust
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 1149: extend the period of time a protection order granted upon a finding of domestic abuse may remain in effect.

Presented by:    Representative David Novstrup
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Marilyn Kinsman, Department of Social Services

MOTION:     DO PASS HB 1149

Moved by:    Peters
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

Gavel passed to Vice-Chair Hunt.

         HB 1168: clarify the penalty applicable to violations of certain no contact orders.

Presented by:    Representative Joni Cutler
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault
        Marilyn Kinsman, Department of Social Services

MOTION:     DO PASS HB 1168

Moved by:    Peters
Second by:    Willadsen
Action:    Prevailed by roll call vote. (9-3-1-0)

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

Voting No:    Buckingham, Gilson, Hunt

Excused:    Gillespie

         HB 1201: revise certain provisions regarding the placement or return of abused or neglected children.

Presented by:    Representative Joni Cutler
Proponents:    Deb Bowman, Department of Social Services

MOTION:     DO PASS HB 1201

Moved by:    Peters
Second by:    Buckingham
Action:    Prevailed by roll call vote. (10-2-1-0)

Voting Yes:    Buckingham, Engels, Feinstein, Gilson, Lust, Peters, Vanneman, Vehle, Willadsen, Cutler

Voting No:    Hunt, Moore

Excused:    Gillespie

Gavel returned to Chair Cutler.

         HB 1253: require that home studies conducted for custody determinations be completed by certain professionals.

Presented by:    Representative Deb Peters
Proponents:    Dianna Miller, SD Network Against Family Violence & Sexual Assault

Virgena Wieseler, Department of Social Services

MOTION: AMEND HB 1253

On page 1, line 11, of the printed bill, delete "or".

On page 1, line 12, after "36-26" insert "; or

             (5)    Any other person that a court may deem appropriate".

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

MOTION:     AMEND HB 1253

On page 1, after line 12 of the printed bill, insert:

"

However, the provisions of this section do not apply to any home study conducted pursuant to chapters 26-7A, 26-8A, 26-8B, and 26-8C.".

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

MOTION:     DO PASS HB 1253 AS AMENDED

Moved by:    Peters
Second by:    Hunt
Action:    Prevailed by roll call vote. (7-5-1-0)

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

Voting No:    Engels, Feinstein, Gilson, Lust, Moore

Excused:    Gillespie

        THE CHAIR DEFERRED HB 1141 UNTIL WEDNESDAY, JANUARY 30, 2008.

MOTION:     ADJOURN

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

Linda Daugaard

____________________________

Committee Secretary

Joni M. Cutler, Chair

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