87th Legislative Session _ 2012

Committee: House Judiciary
Monday, February 13, 2012

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Boomgarden
P    Feinstein
P    Gibson
P    Hansen (Jon)
P    Killer
P    Kopp
E    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 FRIDAY, FEBRUARY 10, 2012

Moved by:    Hansen (Jon)
Second by:    Tornow
Action:    Prevailed by voice vote.

        HB 1267: provide for the establishment and maintenance of a felony domestic violence registry and to provide certain penalties for the violation thereof.

Presented by:    Representative Patricia Stricherz (Handouts: #1)

MOTION:    TO TABLE HB 1267


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

Voting Yes:    Abdallah, Boomgarden, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Tornow, Turbiville, Gosch, Hunt

Excused:    Nelson (Stace)

Chair Representative Roger Hunt passed the gavel to Vice-Chair Representative Gosch.

        HB 1255: prohibit the enforcement of surrogacy arrangements.

Presented by:    Representative Roger Hunt
Proponents:    Harold Cassidy, Self, Sheerly, NJ
        Tom Barnett, State Bar Association of South Dakota
        Gail Robinson, Self, Rumson, NJ
Opponents:    Dianna Miller, SD Network Against Family Violence and Sexual Assault
        Whitney Boyda, Self, Sioux Falls
        Mitch Richter, SD Advocacy Network for Women

MOTION:    AMEND HB 1255

1255rc

    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. A surrogacy agreement is void and unenforceable as against public policy. No surrogacy agreement is enforceable. The provisions of §§ 26-6-8, 25-6-9.1, and 25-6-4.2 specifically apply to surrogacy arrangements as well as the provisions of Titles 25 and 26 generally.

    Section 2. Terms used in this Act mean:

            (1)    "Surrogacy agreement," an arrangement, whether or not embodied in a formal written contract, entered into by two or more persons, including the birth mother or surrogate, and any intended rearing parent, who agrees prior to insemination, or in the case of an implanted embryo, prior to implantation, to participate in the creation of a child, with the intention that the child be reared as the child of one or more of the intended rearing parents, who is not the birth mother;
            (2)    "Surrogate," or "birth mother," any woman who bears a child, whether or not that woman is a genetic parent of the child."


Moved by:    Russell
Second by:    Kopp
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND THE PENDING AMENDMENT

1255rd

    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. A surrogacy agreement is void and unenforceable as against public policy. No surrogacy agreement is enforceable."


Moved by:    Hunt
Second by:    Hansen (Jon)
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1255 AS AMENDED

Moved by:    Hansen (Jon)
Second by:    Tornow
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER HB 1255 TO THE 41ST LEGISLATIVE DAY

Moved by:    Gibson
Second by:    Killer
Action:    Failed by roll call vote. (5-7-1-0)

Voting Yes:    Boomgarden, Feinstein, Gibson, Killer, Turbiville

Voting No:    Abdallah, Hansen (Jon), Kopp, Russell, Tornow, Gosch, Hunt

Excused:    Nelson (Stace)

THE MOTION TO DO PASS HB 1255 AS AMENDED

Moved by:    Hansen (Jon)
Second by:    Tornow
Action:    PREVAILED BY ROLL CALL VOTE. (7-5-1-0)

Voting Yes:    Abdallah, Hansen (Jon), Kopp, Russell, Tornow, Gosch, Hunt

Voting No:    Boomgarden, Feinstein, Gibson, Killer, Turbiville

Excused:    Nelson (Stace)

The gavel was returned to the Chair.

        HB 1266: reduce the period of time necessary to cure and validate certain adoption proceedings.

Presented by:    Representative Burt Tulson
Proponents:    Dale Bartscher, Family Heritage Alliance Action Inc.
        Representative Jim Bolin
        Dan Todd, Department of Social Services

MOTION:    AMEND HB 1266

1266ra

    On page 1, line 5, of the printed bill, after "fraud," insert "or any case controlled by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012".

    On page 1, line 9, after "finalized" insert "unless a two year statute of limitations is imposed by the Indian Child Welfare Act, (25 U.S.C. §§ 1901 to 1963, inclusive), as amended to January 1, 2012".


Moved by:    Hansen (Jon)
Second by:    Killer
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1266 AS AMENDED

Moved by:    Gibson
Second by:    Gosch
Action:    Prevailed by roll call vote. (11-0-2-0)
Voting Yes:    Boomgarden, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Tornow, Turbiville, Gosch, Hunt

Excused:    Abdallah, Nelson (Stace)

MOTION:    PLACE HB 1266 ON CONSENT CALENDAR

Moved by:    Kopp
Action:    Died for lack of a second.

        HB 1273: prohibit the sale of loose leaf incense to minors, to prohibit certain marketing techniques, to regulate the sale of certain types of incense, and to provide penalties therefor.

Presented by:    Representative Jenna Haggar (Handouts: #2)
Proponents:    Renee Ingle, Self, Garretson (Handouts: #3)
        Chelsea Olson, Self, Brandon
        Sheila Finch, Self, Brandon

MOTION:    DO PASS HB 1273 AS AMENDED

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

Voting Yes:    Abdallah, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Turbiville, Gosch, Hunt

Voting No:    Boomgarden, Tornow

Excused:    Nelson (Stace)

MOTION:    AMEND TITLE OF HB 1273

1273rta

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

    On page 1, line 3, after "therefor" insert ", and to declare an emergency".


Moved by:    Gosch
Second by:    Abdallah
Action:    Prevailed by voice vote.

MOTION:    AMEND HB 1273

1273jb

    On page 1, line 6, of the printed bill, delete "more than one ounce" and insert "one quarter of a gram or more".

    On page 2, after line 17, insert:

"    Section 8. For purposes of this Act, loose leaf incense includes loose potpourri, loose herbal incense, herbal smoking blends, or similar dried, leafy substances sold or marketed, directly or indirectly, as a relaxation, smoking, or herbal enhancement product. Herbal dietary supplements or remedies and United States Food and Drug Administration approved herbal teas or products are not included as loose leaf incense under this Act.

    Section 9. A retailer shall ensure that each package of loose leaf incense sold is labeled with each ingredient present in the product, including all chemicals and additives.".



Moved by:    Gibson
Second by:    Killer
Action:    Prevailed by voice vote.

MOTION:    AMEND HB 1273

1273ra

    On the previously adopted amendment (1273jb), after "additives." insert:

"    Section 10. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."



Moved by:    Gosch
Second by:    Turbiville
Action:    Prevailed by voice vote.

Chair Representative Roger 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
Proponents:    Dan Todd, Department of Social Services
        Senator Dan Lederman

MOTION:    AMEND HB 1126

1126rf

    On the printed bill, delete everything after the enacting clause, and the previously adopted amendment (1126rb), 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, any cash bond deposited with 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 imposed by the court or as a result of the individual's failure to appear as required by the court.""


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

MOTION:    DO PASS HB 1126 AS AMENDED

Moved by:    Hansen (Jon)
Second by:    Tornow
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Abdallah, Boomgarden, Feinstein, Gibson, Hansen (Jon), Killer, Kopp, Russell, Tornow, Turbiville, Gosch, Hunt

Excused:    Nelson (Stace)

MOTION:    AMEND TITLE OF HB 1126

1126rta

    On page 1, line 1, of the printed bill, delete "a bond" and insert "certain bonds".

    On page 1, line 2, delete "a defendant in a criminal case" and insert "certain persons with child support arrearages".


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

The gavel was returned to the Chair.

MOTION:    ADJOURN

Moved by:    Turbiville
Second by:    Hansen (Jon)
Action:    Prevailed by voice vote.

Bonnie Fischer

____________________________

Committee Secretary
Roger W. Hunt, Chair

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