94
th Legislative Session _ 2019
Committee: House Judiciary
Friday, January 25, 2019
P - Present
E - Excused
A - Absent
Roll Call
P Barthel
P Borglum
P Diedrich
P Hammock
P Latterell
P Pischke
P Rasmussen
P Reimer
P St John
P Cwach
P Pourier
P Johns, Vice-Chair
P Hansen, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Hansen.
MOTION: TO APPROVE THE MINUTES OF JANUARY 23, 2019
Moved by: Diedrich
Second by: Latterell
Action: Prevailed by voice vote.
HB 1019: require that the state pursue recoverable costs of litigation.
Presented by: Jessica Filler, Bureau of Administration
Opponents: Rebecca M. Terk, Dakota Rural Action
Steve Siegel, South Dakota Trial Lawyers Association
Paul Lepisto, South Dakota Division of the Izaak Walton League of America
MOTION: DEFER HB 1019 TO THE 41
ST LEGISLATIVE DAY
Moved by: Johns
Second by: Barthel
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St
John, Cwach, Pourier, Johns, Hansen
HB 1029: revise certain provisions regarding criminal background checks for adults working
in child care institutions.
Presented by: Virgena Wieseler, Department of Social Services
Proponents: Justin G. Smith, South Dakota Association of Youth Care Providers
MOTION: AMEND HB 1029
1029ca
On page 1 of the printed bill, delete lines 5 to 14, inclusive, and insert:
" 26-6-14.4. In addition to the applicant, §§ 26-6-14.3 to 26-6-14.7, inclusive, shall be applicable
to the criminal convictions conviction of the following persons:
(1) Adults responsible for administration or direct supervision of staff;
(2) Any adult residing in the facility;
(3) Any adult, including a volunteer, who provides care and supervision to the children.
However, §§ 26-6-14.3 to 26-6-14.7, inclusive, do not apply to adult volunteers or adult staff
employed by the applicant on an intermittent basis for less than ten days per month, if such adults
are under constant supervision by adults who meet the requirements of §§ 26-6-14.3 to 26-6-14.7,
inclusive
; and
(4) Any adult working in a child care institution, including a group home, residential
treatment center, intensive residential treatment center, or shelter care facility. A child
care institution does not include a day care center, group family day care home, or a
before and after school day care program. ".
Moved by: Diedrich
Second by: Borglum
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1029 AS AMENDED
Moved by: Pischke
Second by: Rasmussen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St
John, Cwach, Pourier, Johns, Hansen
MOTION: PLACE HB 1029 ON CONSENT CALENDAR
Moved by: Borglum
Second by: Diedrich
Action: Prevailed by voice vote.
SB 5: codify legislation enacted in 2018.
Presented by: Senator Arthur Rusch
MOTION: DO PASS SB 5
Moved by: Pischke
Second by: Borglum
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Barthel, Borglum, Diedrich, Hammock, Latterell, Pischke, Rasmussen, Reimer, St
John, Cwach, Pourier, Johns, Hansen
MOTION: PLACE SB 5 ON CONSENT CALENDAR
Moved by: Borglum
Second by: Pischke
Action: Prevailed by voice vote.
HB 1061: provide for a court order to test for HIV at the request of victims of certain crimes.
THE CHAIR DEFERRED HB 1061
HB 1067: revise certain provisions regarding adult adoption.
Presented by: Representative Fred Deutsch
Proponents: Senator John Wiik
MOTION: DO PASS HB 1067
Moved by: Rasmussen
Second by: Barthel
Action: Prevailed by roll call vote. (12-1-0-0)
Voting Yes: Barthel, Borglum, Diedrich, Hammock, Latterell, Rasmussen, Reimer, St John,
Cwach, Pourier, Johns, Hansen
Voting No: Pischke
MOTION: ADJOURN
Moved by: Barthel
Second by: Borglum
Action: Prevailed by voice vote.
Cheri Bartlett
____________________________
Committee Secretary
Jon Hansen, Chair
../01251000.HJU
Page 1