93
rd Legislative Session _ 2018
Committee: Senate Judiciary
Thursday, March 01, 2018
P - Present
E - Excused
A - Absent
Roll Call
P Greenfield (Brock)
P Kennedy
P Langer
P Nelson
P Netherton
P Rusch, Vice-Chair
P Russell, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Lance S. Russell, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 27, 2018 (Regular meeting and a
smoke-out meeting on HB 1123)
Moved by: Langer
Second by: Netherton
Action: Prevailed by voice vote.
HB 1285: revise certain provisions regarding community safety zones.
Presented by: Representative Bartling (Handout(s): #1)
Proponents: Staci Ackerman, South Dakota Sheriff's Association
Action on HB 1285 deferred until later in meeting.
HB 1109: provide for parole eligibility and early final discharge for certain inmates.
Presented by: Representative Brunner (Handout(s): #2, #3)
Proponents: Laurie Feiler, Department of Corrections
Opponents: Paul Bachand, SD States Attorneys Association
MOTION: AMEND HB 1109
1109ja
On page 2, line 1, of the House Judiciary Committee engrossed bill, delete everything after
"incarcerated" and insert "; and
(6) Is not serving a capital punishment sentence;".
On page 2, line 5, delete "provider or the warden" and insert "provider, the warden, or by inmate
petition subject to department rules and policy".
On page 2, line 19, delete "medical" and insert "health".
On page 2, line 20, delete "medical" and insert "health".
On page 3, line 5, delete everything after "." and insert "An inmate".
On page 3, delete lines 6 to 8, inclusive, and insert "may not be released on compassionate
parole, unless the inmate's release plan ensures the inmate's health care expenses will be paid either
by the inmate or a third party payer including Medicare, Medicaid, Indian Health Service, veteran's
assistance, or private insurance.".
On page 3, line 19, after "parole" insert "in section 1 of this Act".
On page 3, line 24, delete "the inmate" and insert "an inmate previously referred by the secretary
for compassionate parole".
On page 4, line 14, delete "a compassionate parole" and insert "compassionate parole release".
On page 7, line 5, delete everything after "As a condition of" and insert "supervision pursuant
to § 24-15A-37, any inmate released on compassionate parole".
On page 7, delete line 6, and insert "shall be compliant with medical care and maintain
responsibility for health care expenses through self pay or third party payer.".
On page 7, after line 6, insert:
" Section 16. That the code be amended by adding a NEW SECTION to read:
When a parolee released under compassionate parole reaches their initial parole date pursuant
to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the
provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions of this Act.".
Moved by: Langer
Second by: Kennedy
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1109 AS AMENDED
Moved by: Langer
Second by: Kennedy
Action: Failed by roll call vote. (3-4-0-0)
Voting Yes: Kennedy, Langer, Rusch
Voting No: Greenfield (Brock), Nelson, Netherton, Russell
MOTION: DEFER HB 1109 TO THE 41
ST LEGISLATIVE DAY
Moved by: Greenfield (Brock)
Second by: Nelson
Action: Prevailed by roll call vote. (4-3-0-0)
Voting Yes: Greenfield (Brock), Nelson, Netherton, Russell
Voting No: Kennedy, Langer, Rusch
HB 1126: revise certain provisions regarding forensic medical examinations for victims of
rape or sexual offense.
Presented by: Representative Reed
Proponents: Sandra Ruesch, self, Brookings
Deb Fischer-Clemens, Avera Health
Dianna Miller, SD Network Against Family Violence & Sexual Assault
Matt McCaulley, Sanford Health
MOTION: AMEND HB 1126
1126wc
On page 3, after line 4 of the House Judiciary Committee engrossed bill, insert:
"
The amount paid to a physician, hospital, or clinic for a forensic medical exam performed under
§ 22-22-26 may not exceed the actual cost of the forensic medical examination or an amount
established by the secretary of the Department of Social Services, whichever is less. The amount
established by the secretary under this section shall be based on Medicaid payment methodology.
A physician, hospital, or clinic may not maintain a claim against a county for any amount that
exceeds the usual ordinary and reasonable charge for a forensic medical examination, including an
amount that is less than the actual cost of the forensic medical examination. If the physician,
hospital, or clinic performs forensic medical examinations, or any portion of a forensic medical
examination, to persons who are medically indigent residing in the county in which the physician,
hospital, or clinic is located at a cost less than the amount provided for in this section, the physician,
hospital, or clinic shall furnish the forensic medical examination, or any applicable portion of the
forensic medical examination, at the lower cost.
Moved by: Langer
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: AMEND HB 1126
1126wd
On page 2, line 10, of the House Judiciary Committee engrossed bill, after "services" insert "and
fees".
Moved by: Langer
Second by: Nelson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1126 AS AMENDED
Moved by: Greenfield (Brock)
Second by: Nelson
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Greenfield (Brock), Kennedy, Langer, Nelson, Netherton, Rusch, Russell
MOTION: PLACE HB 1126 ON CONSENT CALENDAR
Moved by: Rusch
Second by: Kennedy
Action: Failed by voice vote.
HB 1170: revise law on notarial acts.
Presented by: Representative Johns
Proponents: Senator Kennedy
Opponents: Matt McCaulley, South Dakota Land Title Association
Roger Tellinghuisen, South Dakota Association of County Officials
MOTION: AMEND HB 1170
1170wb
On page 7, after line 23 of the House engrossed bill, insert:
" Section 16. The provisions of this Act do not apply to any real estate transaction under Title 43
until July 1, 2019.".
Moved by: Greenfield (Brock)
Second by: Kennedy
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1170 AS AMENDED
Moved by: Greenfield (Brock)
Second by: Langer
Action: Was not acted on.
Short recess
MOTION: SUBSTITUTE MOTION AMEND HB 1170
1170wc
On the House engrossed bill, delete the previously adopted amendment (1170wb).
On page 7, after line 23, insert:
"
Section 16. The provisions of this Act do not apply to any document to be filed with the registers
of deeds of the state.".
Moved by: Greenfield (Brock)
Second by: Kennedy
Action: Prevailed by voice vote.
MOTION: AMEND HB 1170
1170wa
On page 4 of the House engrossed bill, delete lines 5 to 9, inclusive.
On page 4, line 20, delete "7" and insert "6".
\
Moved by: Greenfield (Brock)
Second by: Langer
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1170 AS AMENDED
Moved by: Greenfield (Brock)
Second by: Langer
Action: Prevailed by roll call vote. (5-2-0-0)
Voting Yes: Greenfield (Brock), Kennedy, Langer, Netherton, Rusch
Voting No: Nelson, Russell
HB 1281: revise certain provisions regarding persons on probation and to declare an
emergency.
Presented by: Senator Rusch
Proponents: Paul Bachand, SD States Attorneys Association
Greg Sattizahn, Unified Judicial System
MOTION: DO PASS HB 1281
Moved by: Kennedy
Second by: Rusch
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Greenfield (Brock), Kennedy, Langer, Nelson, Netherton, Rusch, Russell
MOTION: PLACE HB 1281 ON CONSENT CALENDAR
Moved by: Kennedy
Action: Withdrawn.
HB 1285 was heard at the beginning of the meeting.
HB 1285: revise certain provisions regarding community safety zones.
Others: Paul Bachand, SD States Attorneys Association
MOTION: DO PASS HB 1285
Moved by: Kennedy
Second by: Greenfield (Brock)
Action: Prevailed by roll call vote. (7-0-0-0)
Voting Yes: Greenfield (Brock), Kennedy, Langer, Nelson, Netherton, Rusch, Russell
MOTION: ADJOURN
Moved by: Rusch
Second by: Greenfield (Brock)
Action: Prevailed by voice vote.
Rena Ortbahn
____________________________
Committee Secretary
Lance S. Russell, Chair
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