88th Legislative Session _ 2013

Committee: Senate State Affairs
Monday, February 04, 2013

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Rhoden, Chair
P    Olson (Russell), Vice-Chair
P    Johnston
P    Tieszen
P    Lederman
P    Rave
P    Brown
P    Lucas
P    Frerichs

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Larry Rhoden.

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 30, 2013

Moved by:    Olson (Russell)
Second by:    Rave
Action:    Prevailed by voice vote.

        SB 153: clarify, remove inconsistencies from, and revise certain provisions relating to the formation and operation of watershed districts.

Presented by:    Senator Jason Frerichs
Proponents:    Angela Ehlers, SD Association of Conservation Districts (Handouts: Doc #1)
        Roger Rix, self
        Mike Jaspers, self, Sioux Falls
        Jay Gilbertson, East Dakota Water District
        Mike Traxinger, South Dakota Farmers Union

MOTION:    AMEND SB 153

153ta

    On page 7, line 6, of the printed bill, delete "wetlands, and wildlife" and insert "and wetlands.".

    On page 7, delete line 7.

    On page 8, line 15, delete everything after "district." .

    On page 8, delete lines 16 and 17.

    On page 13, line 21, before "Only" insert "For purposes of this chapter, the term, eligible voter, has the meaning specified in this section.".


Moved by:    Brown
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 153 AS AMENDED

Moved by:    Lucas
Second by:    Frerichs
Action:    Failed by roll call vote. (4-4-1-0)

Voting Yes:    Rhoden, Tieszen, Lucas, Frerichs

Voting No:    Olson (Russell), Johnston, Lederman, Rave

Excused:    Brown

        SB 185: clarify the authority of the interim rules review committee.

Presented by:    Senator Jean Hunhoff
Proponents:    Roger Hunt, Brandon, self
        Representative Peggy Gibson

MOTION:    DO PASS SB 185

Moved by:    Rave
Second by:    Lederman
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Lucas, Frerichs

Excused:    Brown

        SB 200: revise certain provisions concerning campaign finance.

Presented by:    Senator Mark Kirkeby
Proponents:    Jason Gant, Office of the Secretary of State

MOTION:    DO PASS SB 200

Moved by:    Rave
Second by:    Brown
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Lucas, Frerichs

        SB 125: provide for the award of joint physical custody of children under certain circumstances.

Presented by:    Senator Tim Begalka
Proponents:    Amber Rikanred, Sioux Falls, self
        Gram Howman, Sioux Falls, self
        Darla Wilson, Colman, SD, self
        Mark Urben, Rapid City, SD, self
        Representative Charles Hoffman
        Troy Wanner, self
        Staci Eggert, Howard, SD, self
        Amber Madsen, Sioux Falls, self
        Aaron Skonhard, Davis, SD, self
        Ellen Madsen, Sioux City, self
        Jeff Askew, self
        Vernice Doyle, Coleman, self
        Casey Wilson, Flandreau, self
Opponents:    Linda Lea Viken, Rapid City
        Debra Watson, Rapid City, self
        Tom Keller, Sioux Falls, self
        Tom Barnett, State Bar Association of South Dakota
        Dianna Miller, SD Network Against Family Violence and Sexual Assault

MOTION:    AMEND SB 125

125ja

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

    "    Section 1. That § 25-5-7.1 be amended to read as follows:

    25-5-7.1. In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on, and participate in, major decisions affecting the welfare of the child. In ordering joint legal custody, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child. If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include the child's primary physical residence, child care, education, extracurricular activities, medical and dental care, religious instruction, the child's use of motor vehicles, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child. If the court awards joint legal custody, it may also order joint physical custody in such proportions as are in the best interests of the child, notwithstanding the objection of either parent.

    Section 2. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

    If joint legal custody is awarded, pursuant to § 25-5-7.1, there is a rebuttable presumption that both parents have joint physical custody of their child. Joint physical custody of their child is defined as equal time sharing. The burden of overcoming the presumption rests on the parent challenging the presumption. The presumption may be overcome by demonstrating that joint physical custody would not be in the best interest of the child, that the distance between the two parents' residences makes joint physical custody reasonably impractical, or by one parent waiving the presumption. The party challenging the presumption must overcome the presumption by the greater convincing force of the evidence. Upon request by either parent, the court shall hold a hearing at which the parties may introduce evidence. The court shall issue findings of fact and conclusions of law upon request by either parent. The court shall require the parents to prepare and submit a parenting plan to the court reflecting parental preferences and agreement on the matters of substance concerning the child's education, upbringing, religious training, medical, and dental care. The parents shall share decision-making authority and responsibility as to the important decisions affecting the child's welfare."


Moved by:    Lederman
Second by:    Brown
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 125 AS AMENDED

Moved by:    Lederman
Second by:    Olson (Russell)
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Olson (Russell), Johnston, Lederman, Brown, Frerichs

Voting No:    Rhoden, Tieszen, Rave, Lucas

        SB 225: prohibit a person from keeping or maintaining a place allowing underage drinking and to provide penalties therefor.

Presented by:    Senator Larry Lucas
Proponents:    Joyce Glynn, White River (Handouts: doc #2)
        Carrie Gonsor, State's Attorneys Association
        Linda Schauer, Concerned Women For America
        Bethanna Feist, Office of the Attorney General
Opponents:    Roger Tellinghuisen, SD Trial Lawyers Association

MOTION:    DEFER SB 225 TO THE 41ST LEGISLATIVE DAY

Moved by:    Brown
Second by:    Lederman
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Lederman, Rave, Brown

Voting No:    Tieszen, Lucas, Frerichs

MOTION:    WITHOUT RECOMMENDATION SB 153 AS AMENDED

Moved by:    Olson (Russell)
Second by:    Rave
Action:    Prevailed by roll call vote. (7-2-0-0)

Voting Yes:    Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Frerichs

Voting No:    Rhoden, Lucas

MOTION:    ADJOURN

Moved by:    Rave
Second by:    Brown
Action:    Prevailed by voice vote.

Jill Wellhouse

________________________________

Committee Secretary
Larry Rhoden, Chair

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