72nd Legislative Session -- 1997

Committee: House Judiciary

Wednesday, February 5, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Hunt, Chair
P      Hagg, Vice-Chair
P      Brosz
E      Brown (Jarvis)
P      de Hueck
P      Duniphan
P      Fitzgerald
P      Matthews
P      Rost
P      Collier
P      Gleason
P      Moore
P      Volesky


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Hunt.


MOTION:      TO APPROVE THE MINUTES OF February 3, 1997

Moved by:      Representative Fitzgerald
Second by:      Representative de Hueck
Action:      Prevailed by voice vote.

          HB 1088:   to prohibit partial-birth abortions, to provide a criminal penalty therefor, and to establish a civil cause of action.

Proponents:      Representative Hunt
          Dr. Ray Strand, Rapid City
          Jim Mason, Catholic Diocesces of Sioux Falls and Rapid City
          Dean Krogman, State Medical Association
Opponents:      Linda Howe-Allen, Planned Parenthood
          Dr. Spears, Pierre
Presented by:      Representative Hunt

MOTION:      DEFER HB 1088 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Collier
Second by:      None


Action:      Died for a lack of a second

MOTION:      DO PASS HB 1088

Moved by:      Representative Volesky
Second by:      Representative Rost
Action:      Prevailed by roll call vote.   (11-1-1-0)

Voting yes:      Hunt, Hagg, Brosz, de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Gleason, Moore, Volesky

Voting no:      Collier

Excused:      Brown (Jarvis)

          HB 1087:   to revise certain statutes pertaining to abortions.

Proponents:      Representative Hunt
          Linda Howe-Allen, Planned Parenthood
          Jim Mason, Catholic Diosesces of Sioux Falls and Rapid City
          Dr./Representative Belatti
Opponents:      Dr. Spears, Pierre
Presented by:      Representative Hunt

MOTION:      AMEND HB 1087

r-1087a
     On page 1 , delete lines 4 to 8 , inclusive , and insert:

" (3)     "Parent," one parent of the pregnant minor or the guardian or conservator of the pregnant female minor ; " .



Moved by:      Representative Collier
Second by:      Representative Matthews
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1087

r-1087
     On page 2 , line 23 , after " a " insert " circuit " .

     On page 2 , line 24 , delete " of competent jurisdiction " .

     On page 4 , line 3 , after "week." insert "Notwithstanding any other provision of law, all pleadings, papers, and other documents filed pursuant to this section are confidential, are not public records, and are not open for inspection by any member of the public for any purpose."


Moved by:      Representative Hunt
Second by:      Representative Collier
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1087 AS AMENDED

Moved by:      Representative Duniphan
Second by:      Representative Rost
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Hunt, Hagg, Brosz, de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore, Volesky

Excused:      Brown (Jarvis)

          HB 1140:   to revise the definition of a financial institution for nonprobate transfers.

Proponents:      Representative Munson
Opponents:      None
Presented by:      Representative Munson

DEFER HB 1189 UNTIL February 7, 1997

DEFER HB 1190 UNTIL February 7, 1997

DEFER HB 1147 UNTIL February 7, 1997

MOTION:      ADJOURN

Moved by:      Representative Duniphan
Second by:      Representative Brosz
Action:      Prevailed by voice vote.



Brooke Pike

_________________________________

Committee Secretary
Roger W. Hunt, Chair


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