88th Legislative Session _ 2013

Committee: House Judiciary
Friday, February 15, 2013

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Wink
P    Killer
E    Feinstein
P    Gibson
P    Hoffman
E    Magstadt
P    Kopp
P    Erickson
P    Stevens
P    Johns
P    Hajek
P    Hansen, Vice-Chair
P    Gosch, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Gosch, Chair.

MOTION:    TO APPROVE THE MINUTES OF FEBRUARY 13, 2013

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

MOTION:    REMOVE HB 1235 FROM THE TABLE

Moved by:    Hansen
Second by:    Hoffman
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Wink, Killer, Gibson, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

        HB 1235: revise certain provisions to prohibit the use of public resources to influence the outcome of elections.

Presented by:    Representative Jon Hansen

MOTION:    AMEND HB 1235

1235fa

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

    "    Section 1. That § 46A-14-93 be repealed.

    46A-14-93. There is hereby established the Regional Watershed Advisory Task Force. The task force shall consist of the following fourteen members:

            (1)    The speaker of the House of Representatives shall appoint four members of the House of Representatives, no more than two of whom may be from one political party;
            (2)    The speaker of the House of Representatives shall appoint three members of the general public. At least one of the members shall have a background in natural resources law, science, or management, and at least one of the members shall have an agricultural or business background;
            (3)    The president pro tempore of the Senate shall appoint four members of the Senate, no more than two of whom may be from one political party; and
            (4)    The president pro tempore of the Senate shall appoint three members of the general public. At least one of the members shall have a background in natural resources law, science, or management, and at least one of the members shall have an agricultural or business background.
    The initial appointments shall be made no later than July 1, 2012, and shall serve until January 12, 2013. The speaker of the House of Representatives and president pro tempore of the Senate, before the close of each regular session of the Legislature held in odd-numbered years, shall appoint members to the task force for a term of two years. If there is a vacancy on the task force, the vacancy shall be filled in the same manner as the original appointment.

    Section 2. That § 46A-14-94 be repealed.

    46A-14-94. The Regional Watershed Advisory Task Force established pursuant to § 46A-14-93 shall conduct studies and evaluations on matters relating to drainage, erosion, flood control,

reclamation, environmental protection, and improvement of lands, soils, waters, and all other authorized purposes and may advise any new or existing special purpose district or government entity on such issues. In addition, the task force shall consider potential alternative organizational structures and entities appropriate to address such issues. The task force shall report to the Senate and House of Representatives and may submit a copy of its report to the Governor. The task force may present draft legislation and policy recommendations to the Legislative Research Council Executive Board. The task force shall make recommendations in the following areas:

            (1)    The proper role, purposes, structure, powers, boundaries, and financing for regional and local watershed districts and the relationship of such districts to other types of water and natural resources-related special purpose districts;
            (2)    The role of watershed districts and other state and local government entities with respect to drainage issues, including drainage planning and management, resolution of drainage disputes, and recommendations for potential realignment of responsibilities for drainage matters; and
            (3)    Potential alternative organizational structures, entities, and strategies appropriate to address statewide, regional, and local issues relating to water and natural resources conservation, protection, management, and use. "


Moved by:    Wink
Second by:    Hoffman
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1235 AS AMENDED

Moved by:    Hansen
Second by:    Killer
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Wink, Killer, Gibson, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

MOTION:    AMEND TITLE OF HB 1235

1235fta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "repeal the Regional Watershed Advisory Task Force to save public financial resources.".

    On page 1, delete line 2.


Moved by:    Hoffman
Second by:    Hansen
Action:    Prevailed by voice vote.

        HB 1236: prohibit the recovery of damages in certain wrongful birth and wrongful life civil suits based upon the lost opportunity to terminate the life of an unborn child.

Presented by:    Representative Jon Hansen

MOTION:    TO TABLE HB 1236

Moved by:    Hajek
Second by:    Wink
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Wink, Killer, Gibson, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

        HB 1094: authorize gestational carrier agreements in certain situations.

MOTION:    TO TABLE HB 1094

Moved by:    Wink
Second by:    Gibson
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Wink, Killer, Gibson, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

        HB 1192: provide a durable power of attorney form for health care decisions.

Presented by:    Representative Timothy Johns

MOTION:    TO TABLE HB 1192

Moved by:    Wink
Second by:    Hoffman
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Wink, Killer, Gibson, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

        HB 1226: provide remedies for assets omitted from the division of property in the entry of a divorce decree.

Presented by:    Representative Mike Stevens

MOTION:    AMEND HB 1226

1226ra

    On page 3 of the printed bill, delete lines 19 to 24, inclusive.

    On page 4, delete lines 1 to 4, inclusive.


Moved by:    Wink
Second by:    Hajek
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1226 AS AMENDED

Moved by:    Hajek
Second by:    Erickson
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Wink, Killer, Gibson, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

        HB 1237: revise certain provisions to abortion counseling.

Presented by:    Representative Jon Hansen
Proponents:    Harold Cassidy, self (telephone testimony)
        Brittany Weston, Yankton, SD, self

Representative Gosch passed the gavel to Representative Hoffman.

        Roger Hunt, Brandon, self

Representative Hoffman returned the gavel to Representative Gosch.

        Dr. Patti Giebink, self
        Leslee Unruh, Alpha Center
        Representative Steve Hickey
        Mark Chase, SD Family Policy Council
        Travis Benson, Catholic Diocese of Sioux Falls
        Debbie Pease, SD Safe Childbirth Options Incorporated
        Linda Schauer, Concerned Women For America
Opponents:    Tiffany Campbell, American Civil Liberties Union of SD (Handouts: 1,2)
        Dr. Marvin Buehner, self
        Alisha Sedor, NARAL Pro-Choice, SD
        Amanda Mack, Sioux Falls, self
        Representative Karen Soli
        Amy Dahl, Sioux Falls, self
        Hazel Bonner, Rapid City, self
        Karl Kroger, self, Pierre

Representative Gosch passed the gavel to Representative Hoffman.

Representative Hoffman returned the gavel to Representative Gosch.

MOTION:    AMEND HB 1237

1237rc

    On page 1, line 12, of the printed bill, delete "federal holiday, or state holiday" and insert "or annually recurring holiday, as specifically named in § 1-5-1,".


Moved by:    Hoffman
Second by:    Hansen
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1237 AS AMENDED
Moved by:    Hansen
Second by:    Hoffman
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION DEFER HB 1237 TO THE 41ST LEGISLATIVE DAY

Moved by:    Gibson
Second by:    Killer
Action:    Failed by roll call vote. (2-9-2-0)

Voting Yes:    Killer, Gibson

Voting No:    Wink, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Excused:    Feinstein, Magstadt

THE MOTION TO DO PASS HB 1237 AS AMENDED

Moved by:    Hansen
Second by:    Hoffman
Action:    Prevailed by roll call vote. (9-2-2-0)

Voting Yes:    Wink, Hoffman, Kopp, Erickson, Stevens, Johns, Hajek, Hansen, Gosch

Voting No:    Killer, Gibson

Excused:    Feinstein, Magstadt

MOTION:    ADJOURN

Moved by:    Hoffman
Second by:    Kopp
Action:    Prevailed by voice vote.

Traci Thompson

____________________________

Committee Secretary
Brian G. Gosch, Chair

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