87
th Legislative Session _ 2012
Committee: House Judiciary
Wednesday, February 08, 2012
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 Chairman, Representative Roger Hunt.
MOTION: TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 6, 2012.
Moved by: Gibson
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
Chairman Hunt passed the gavel to Vice-Chair Gosch.
HB 1254: revise certain provisions pertaining to the decision of a pregnant mother
considering termination of her relationship with her child by an abortion, to establish
certain procedures to insure that such decisions are voluntary, uncoerced, and
informed, and to revise certain causes of action for professional negligence relating
to performance of an abortion.
Presented by: Representative Roger Hunt
Proponents: Dr. Patti Giebink, Self, Chamberlain
Stacey Wollman, Care Net Pregnancy Research Center
Arlene Cook, Self, Crooks
Linda Johnson, SD Right to Life
Linda Schauer, Concerned Women For America
Dale Bartscher, Family Heritage Alliance Action Inc.
Travis Benson, Catholic Diocese of Sioux Falls
Opponents: Alisha Sedor, NARAL Pro-Choice, SD
Mitch Richter, SD Advocacy Network for Women
MOTION: AMEND HB 1254
1254rb
On page 3, line 16, of the printed bill, after "will" insert ". Coercion also exists if the pregnant
mother is induced to refrain from an abortion by any other person under circumstances, or in such
a manner, which deprives her from making a free decision or exercising her free will".
Moved by: Gibson
Second by: Killer
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND HB 1254
1254ra
On page 2, line 6, of the printed bill, delete "subdivision 34-23A-59(5)" and insert "section 8
of this Act".
On page 11, line 10, after "who" insert "knowingly and intentionally".
Moved by: Nelson (Stace)
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1254 AS AMENDED
Moved by: Nelson (Stace)
Second by: Tornow
Action: Prevailed by roll call vote. (10-2-1-0)
Voting Yes: Abdallah, Boomgarden, Hansen (Jon), Kopp, Nelson (Stace), Russell, Tornow,
Turbiville, Gosch, Hunt
Voting No: Gibson, Killer
Excused: Feinstein
MOTION: AMEND HB 1254
1254rb
On page 3, line 16, of the printed bill, after "will" insert ". Coercion also exists if the pregnant
mother is induced to refrain from an abortion by any other person under circumstances, or in such
a manner, which deprives her from making a free decision or exercising her free will".
Moved by: Gibson
Second by: Killer
Action: Failed by voice vote.
Vice-Chair Gosch returned the gavel to Chair Hunt.
HB 1205: exempt federal veterans' disability benefits from certain support
obligations and other claims.
Presented by: Representative Patricia Stricherz (Handouts: #1 and #2)
Opponents: Terry Walter, Department of Social Services
MOTION: DEFER HB 1205 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Gibson
Action: Prevailed by roll call vote. (8-4-1-0)
Voting Yes: Abdallah, Boomgarden, Gibson, Hansen (Jon), Russell, Turbiville, Gosch, Hunt
Voting No: Killer, Kopp, Nelson (Stace), Tornow
Excused: Feinstein
HB 1194: revise certain provisions regarding the payment for rape and sexual offense
examinations.
Presented by: Representative David Novstrup
Proponents: Dianna Miller, SD Network Against Family Violence and Sexual Assault
Paul Bachand, SD State's Attorneys Association
MOTION: DO PASS HB 1194
Moved by: Abdallah
Second by: Gosch
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Abdallah, Boomgarden, Gibson, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell,
Tornow, Turbiville, Gosch, Hunt
Excused: Feinstein
MOTION: PLACE HB 1194 ON CONSENT CALENDAR
Moved by: Abdallah
Second by: Gosch
Action: Failed by voice vote.
Chair Hunt passed the gavel to Vice-Chair Gosch.
HB 1126: establish provisions that a bond paid by, or on behalf of, a defendant in a
criminal case shall be paid to the Department of Social Services to pay any child
support the defendant owes.
Presented by: Representative Roger Hunt (Handouts: #3)
Proponents: Dan Todd, Department of Social Services
MOTION: AMEND HB 1126
1126rb
On the printed bill, delete everything after the enacting clause and insert:
"Section 1.That chapter 25-7 be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any provision of chapter 23A-43 to the contrary, bond deposited with, or surety
given to the court, whether or not personally posted by the defendant, to assure appearance of an
individual charged with nonsupport of a child under § 25-7-15 or 25-7-16 or subject to civil
proceedings to enforce child support obligations, may, at the discretion of the court, be ordered paid
to the Department of Social Services or the support obligee and applied to child support arrearages
either as a condition of the sentence imposed by the court or as a result of the individual's failure to
appear as required by the court."
Moved by: Nelson (Stace)
Second by: Hansen (Jon)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1126 AS AMENDED
Moved by: Hunt
Second by: Nelson (Stace)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND THE PENDING AMENDMENT
1126rd
On the previously adopted amendment (1126rb), after "contrary," delete "bond deposited with,
or surety given to the court,".
Moved by: Boomgarden
Second by: Gibson
Action: Withdrawn.
MOTION: DEFER HB 1126 UNTIL FRIDAY, FEBRUARY 10, 2012.
Moved by: Turbiville
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
Vice-Chair Gosch returned the gavel to Chair Hunt.
MOTION: ADJOURN
Moved by: Hansen (Jon)
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
Bonnie Fischer
____________________________
Committee Secretary
Roger W. Hunt, Chair
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