Committee: House Judiciary
Friday, February 10, 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 THURSDAY, FEBRUARY 9, 2012.
Moved by: Boomgarden
Second by: Killer
Action: Prevailed by voice vote.
See previous testimony of HB 1249 on Thursday, February 9, 2012.
HB 1249: permit a probationer who is a registered sex offender to reside in an
assigned halfway house or supervised living center within a community safety zone
and to prohibit sex offenders who committed sexual offenses against children to
qualify for certain residency exceptions.
MOTION: DEFER HB 1249 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Gosch
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DO PASS HB 1249
Moved by: Nelson (Stace)
Action: Ruled out of order by the Chair.
MOTION: CALL THE QUESTION
Moved by: Boomgarden
Second by: Gosch
Action: Prevailed by voice vote.
THE MOTION TO DEFER HB 1249 TO THE 41
ST LEGISLATIVE DAY
Action: PREVAILED BY ROLL CALL VOTE. (7-6-0-0)
Voting Yes: Abdallah, Boomgarden, Feinstein, Gibson, Turbiville, Gosch, Hunt
Voting No: Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell, Tornow
Chair Representative Roger Hunt passed the gavel to Vice-Chair Representative Gosch.
HB 1193: regulate the sale of dextromethorphan and to provide a penalty thereto.
Presented by: Representative Roger Hunt
Proponents: Paul Cressman, Self, Brandon
MOTION: AMEND HB 1193
On page 1, line 13, of the printed bill, before "fine" insert "civil".
On page 1, line 14, before "." insert "to be deposited in the state general fund".
On page 2, line 6, delete "criminal" and insert "civil".
Moved by: Hansen (Jon)
Second by: Nelson (Stace)
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1193 AS AMENDED
Moved by: Hunt
Second by: Hansen (Jon)
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Abdallah, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell, Hunt
Voting No: Boomgarden, Feinstein, Gibson, Tornow, Turbiville, Gosch
Vice-Chair Representative Gosch returned the gavel to Chair Representative Roger Hunt.
HB 1264: amend the mandatory reporting requirements regarding child abuse.
Presented by: Representative Jacqueline Sly
Proponents: Matt Sargent, self, Rapid City
Hollie Strand, Self, Rapid City
Virgena Wieseler, Department of Social Services
Opponents: Brett Koenecke. SD State Medical Association
MOTION: DEFER HB 1264 TO THE 41ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Hansen (Jon)
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Abdallah, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Tornow,
Turbiville, Gosch, Hunt
Voting No: Boomgarden, Nelson (Stace)
HB 1160: provide for the award of filing fees as court costs in certain appeals.
Presented by: Representative Shawn Tornow
THE MOTION TO DO PASS HB 1160
Moved by: Boomgarden
Second by: Hansen (Jon)
Action: PREVAILED BY ROLL CALL VOTE. (10-0-3-0)
Voting Yes: Abdallah, Boomgarden, Hansen (Jon), Killer, Kopp, Nelson (Stace), Russell,
Tornow, Turbiville, Hunt
Excused: Feinstein, Gibson, Gosch
MOTION: PLACE HB 1160 ON CONSENT CALENDAR
Moved by: Boomgarden
Second by: Turbiville.
Action: Failed.
HB 1251: provide for the award of joint physical custody of children under certain
circumstances.
Presented by: Representative Bob Deelstra
MOTION: DEFER HB 1251 UNTIL MONDAY, FEBRUARY 13, 2012.
Moved by: Tornow
Second by: Nelson (Stace)
Action: Was not acted on.
MOTION: TO TABLE HB 1251
Moved by: Kopp
Action: Died for lack of a second.
Representative Hansen (Jon) questioned whether the Amendment 1251ra was germaine to the title
of the bill.
Chairman Representative Hunt ruled the Amendment was not germaine to the title of the bill.
MOTION: TO TABLE HB 1251
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by roll call vote. (7-6-0-0)
Voting Yes: Abdallah, Gibson, Hansen (Jon), Killer, Turbiville, Gosch, Hunt
Voting No: Boomgarden, Feinstein, Kopp, Nelson (Stace), Russell, Tornow
HB 1217: enact certain provisions relating to the federal Indian child Welfare Act
and to adopt the South Dakota Indian Family Preservation Act.
Presented by: Representative Patricia Stricherz (Handouts: #1)
Proponents: Gwen Caldwell, Self, Black Hawk
Raven Del Mar, Self, Pierre
Opponents: Kim Malsam-Rysdon, Department of Social Services
Greg Sattizahn, Unified Judicial System
Paul Bachand, SD State's Attorneys Association
Betty Oldenkamp, Lutheran Social Services
MOTION: DEFER HB 1217 TO THE 41
ST LEGISLATIVE DAY
Moved by: Russell
Second by: Kopp
Action: Prevailed by roll call vote. (9-3-1-0)
Voting Yes: Abdallah, Boomgarden, Hansen (Jon), Kopp, Russell, Tornow, Turbiville, Gosch,
Hunt
Voting No: Feinstein, Gibson, Killer
Excused: Nelson (Stace)
THE CHAIR DEFERRED HB 1126 UNTIL MONDAY, FEBRUARY 13, 2012.
HB 1253: prohibit the judicial enforcement of any religious codes.
Presented by: Representative Roger Hunt
Proponents: Jim Seward, Office of the Governor
MOTION: DO PASS HB 1253
Moved by: Turbiville
Second by: Kopp
Action: Was not acted on.
MOTION: CALL THE QUESTION
Moved by: Abdallah
Action: Died for lack of a second.
MOTION: SUBSTITUTE MOTION AMEND HB 1253
No court, administrative agency, or other governmental agency may enforce any provisions of
any religious code.".