The meeting was called to order by Senator Gene G. Abdallah, Chair.
MOTION:
TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 20, 2008
HB 1302: establish notification requirements for certain relatives of children in the
custody of the Department of Social Services.
HB 1061: revise the penalty for the distribution or possession with intent to distribute
marijuana to a minor.
Moved by: Koetzle
Second by: Heidepriem
Action: Prevailed by voice vote.
HB 1271: abolish the doctrine of abatement ab initio of a criminal proceeding and to
provide for the posthumous sentencing of certain criminal defendants.
Presented by: Representative Richard Engels
MOTION:
DO PASS HB 1271
Moved by: Koetzle
Second by: Turbak Berry
Action: Prevailed by roll call vote. (5-0-2-0)
Voting Yes: Abdallah, Heidepriem, Schmidt (Dennis), Turbak Berry, Koetzle
Excused: Albers, Knudson
MOTION:
PLACE HB 1271 ON CONSENT CALENDAR
Moved by: Heidepriem
Second by: Koetzle
Action: Prevailed by voice vote.
MOTION:
SUSPEND THE RULES TO HEAR HB 1132
Moved by: Albers
Second by: Schmidt (Dennis)
Action: Prevailed by roll call vote. (5-1-1-0)
Voting Yes: Abdallah, Albers, Heidepriem, Schmidt (Dennis), Turbak Berry
Voting No: Koetzle
Excused: Knudson
HB 1132: revise certain provisions concerning the circumstances under which
children may be held in temporary custody.
Presented by: Judith Roberts, Unified Judicial System
Proponents: Judge Jeff Davis, Seventh Circuit Court (handout #1)
Judge David Gilbertson, Chief Justice of the Supreme Court
Opponents: Susan Randall, SD Voices For Children (handout #2)
Jennifer Ring, ACLU of the Dakotas
MOTION:
DO PASS HB 1132
Moved by: Albers
Second by: Knudson
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis)
Voting No: Turbak Berry, Koetzle
HB 1313: prohibit the use of certain electronic communication devices to
communicate threats and harassment and to provide a penalty therefor.
Presented by: Representative Ryan Olson
Proponents: Chuck Schroyer, SD States Attorneys Association
Tim Maher, States Attorney, Hughes County
MOTION:
DO PASS HB 1313
Moved by: Albers
Second by: Knudson
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Abdallah, Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak Berry, Koetzle
Chair Abdallah passed the gavel to Vice-Chair Knudson.
Presented by: Representative Thomas Van Norman (handout #3)
Proponents: Susan Randall, SD Voices For Children
Jennifer Ring, ACLU of the Dakotas
Caitlin Collier, SD Advocacy Network for Women
MOTION:
DO PASS HB 1302
Moved by: Heidepriem
Second by: Koetzle
Action: Prevailed by roll call vote. (6-0-1-0)
Voting Yes: Albers, Heidepriem, Knudson, Schmidt (Dennis), Turbak Berry, Koetzle
Excused: Abdallah
MOTION:
PLACE HB 1302 ON CONSENT CALENDAR
Moved by: Koetzle
Second by: Albers
Action: Prevailed by voice vote.
Vice-Chair Knudson returned the gavel to Chair Abdallah.
Presented by: Scott Swier, Office of Attorney General (handout #4, #5)
MOTION:
AMEND HB 1061
"
The distribution of less than one-half ounce of marijuana to a minor without consideration is a Class
6 felony; otherwise, the distribution of one ounce or less of marijuana to a minor is a Class 5 felony.
The distribution of more than one ounce but less than one-half pound of marijuana to a minor is a
Class 4 felony.
".