72nd Legislative Session -- 1997

Committee: House Judiciary

Wednesday, February 19, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Hunt, Chair
P      Hagg, Vice-Chair
P      Brosz
P      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 15, 1997.

Moved by:      Representative Brown (Jarvis)
Second by:      Representative Duniphan
Action:          Prevailed by voice vote.

Gavel passed to Representative Hagg.

          SB 99:   to revise the grounds upon which a judge may waive consent of a parent to termination of parental rights for adoption.

Proponents:      Representative Hunt
          Jim Mason, Dioceses of Sioux Falls and Rapid City
          Judy Hines, Office of Child Protection Service
          Sue Wein, Adoption Specialist, Aberdeen
Opponents:      None
Presented by:      Representative Hunt.

MOTION:      AMEND SB 99

r-99e
     On page 1 of the Senate engrossed bill , delete lines 12 to 16 , inclusive , and insert:

"

             (2)    Has abandoned his or her child for a period of one year the child for six months or more immediately prior to the filing of the petition;

             (3)    Has substantially and continuously or repeatedly neglected the child and refused to give the child necessary parental care and protection;

             (4)    Being financially able, has willfully neglected to provide the child with the necessary subsistence, education, or other care necessary for the child's health, morals, or welfare or has neglected to pay for such subsistence, education, or other care if legal custody of the child is lodged with others and such payment ordered by the court; "

     On page 2 , line 2 , overstrike " (3) " and insert " (5) " .

     On page 2 , line 6 , overstrike "(4)" and insert " (6) ".

     On page 2 , line 8 , overstrike " (5) " and insert " (7) " .


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

MOTION:      AMEND SB 99

r-99d
     On page 2 , line 4 of the Senate engrossed bill , delete " , or by reason of behavior that, in the opinion of the court, would be " .

     On page 2 , line 5 , delete " seriously detrimental to the health, morals, or welfare of the child " .


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

MOTION:      DO PASS SB 99 AS AMENDED

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:          Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND SB 99

r-99c
     In the previously adopted amendment, r-99b, delete " six months " and insert " one year " .


Moved by:      Representative Rost
Second by:      Representative Brown (Jarvis)
Action:          Prevailed by voice vote.

MOTION:      DO PASS SB 99 AS AMENDED

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

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore

Voting no:      Volesky

Gavel passed back to Representative Hunt.

          SB 86:   to revise the standard of proof concerning whether certain acts of physicians are within the scope of their practice.

Proponents:      Mike Buenger, United Judicial System
          Dave Gerdes, South Dakota State Medical Association
Opponents:      None
Presented by:      Mike Buenger, United Judicial System


MOTION:      DO PASS SB 86

Moved by:      Representative Hunt
Second by:      Representative Rost
Action:          Prevailed by roll call vote.   (13-0-0-0)

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

MOTION:      PLACE SB 86 ON CONSENT

Moved by:      Representative Gleason
Second by:      Representative Volesky
Action:          Failed by voice vote.

          SB 88:   to expand the jurisdiction of magistrate judges to include temporary protection order cases.

Proponents:      Mike Buenger, United Judicial System
Opponents:      None
Presented by:      Mike Buenger, United Judicial System

MOTION:      DO PASS SB 88

Moved by:      Representative Fitzgerald
Second by:      Representative Duniphan
Action:          Prevailed by roll call vote.   (13-0-0-0)

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

MOTION:      PLACE SB 88 ON CONSENT

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

          SB 54:   to revise the violations which are cause for the revocation of a person's hunting, trapping, or fishing privileges and to extend the duration of the revocation.

Comments by:      Representative de Hueck

MOTION:      DO PASS SB 54

Moved by:      Representative Moore
Second by:      Representative Volesky
Action:          Prevailed by roll call vote.   (13-0-0-0)

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

          SB 103:   to increase the penalty for a driver of a motor vehicle who eludes a law enforcement officer.

Proponents:      Senator Whiting
Opponents:      None
Presented by:      Senator Whiting

MOTION:      DEFER SB 103 UNTIL February 24, 1997.

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

Subcommittee established to combine several features of the bill into a more concise form. Subcommittee Chair is Representative de Hueck, other members are Representatives Hagg and Moore.

          SB 122:   to eliminate the requirement of a transfer hearing in certain proceedings against a delinquent child.

Proponents:      Senator Whiting
          Chuck Schroyer, States Attorneys Association
Opponents:      None
Presented by:      Senator Whiting

MOTION:      DO PASS SB 122

Moved by:      Representative Moore
Second by:      Representative Duniphan
Action:          Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Hunt, Hagg, Brosz, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Rost, Collier, Gleason, Moore

Excused:      de Hueck, Volesky

Gavel passed to Representative Hagg.

          SB 100:   to permit all but one petitioner to waive personal appearance at a hearing for termination of parental rights.

Comments by:      Representative Hunt

MOTION:      SUBSTITUTE MOTION AMEND SB 100

r-100c
     On page 1 , line 7 of the printed bill , delete " petitioner " and insert " parent " .


Moved by:      Representative Hunt
Second by:      Representative Rost
Action:          Was not acted on.

MOTION:      DEFER SB 100 UNTIL a later date.

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:          Was not acted on.

DEFER SB 42 UNTIL February 24, 1997.

MOTION:      ADJOURN

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



Brooke Pike

_________________________________

Committee Secretary
Roger W. Hunt, Chair

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