75th Legislative Session -- 2000
Committee: House State Affairs
Monday, January 31, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Brown (Richard)
P
Eccarius
P
Fischer-Clemens
P
Haley
P
Hunt
P
Jaspers
P
Koetzle
P
Koskan
P
Lucas
P
Roe
P
Smidt
P
McNenny, Vice-Chair
P
Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Cutler
MOTION:
TO APPROVE THE MINUTES OF the previous meeting
Moved by:
Representative Roe
Second by:
Representative Koetzle
Action:
Prevailed by voice vote.
HB 1196:
exempt certain mentally retarded persons from the death penalty and to
provide for a determination of mental retardation in such cases.
Presented by:
Rep. Wilson
Proponents:
Jennifer Ring, American Civil Liberties Union (ACLU) for the Dakotas
Nick Braun, SD Peace and Justice Center
Jay Newberger, SD Children's Coalition
Opponents:
Mark Barnett, Attorney General
MOTION:
DO PASS HB 1196
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Cutler
Voting no:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny
HB 1197:
prohibit capital punishment of juvenile offenders.
Presented by:
Rep. Wilson
Proponents:
Jennifer Ring, ACLU for the Dakotas
Nick Braun, SD Peace and Justice Center
Jay Newberger, SD Children's Coalition
MOTION:
DO PASS HB 1197
Moved by:
Representative Haley
Second by:
Representative Fischer-Clemens
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1197 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1109:
provide for an interagency team review and a written finding that
placement in a Department of Corrections facility is the least restrictive placement
commensurate with the best interests of the child.
Presented by:
Rep. Hunt
Proponents:
Jennifer Ring, ACLU for the Dakotas
Merton Tice, Self, Rapid City
Nick Braun, SD Peace and Justice Center
Dennis Honomichl, Self, Wagner (Document #1)
Ralph Kitchen, Self, Arlington
Opponents:
Jay Newberger, SD Children's Coalition
Comments: Jeff Bloomberg, Secretary, Department of Corrections
MOTION:
DO PASS HB 1109
Moved by:
Representative Hunt
Second by:
Representative Jaspers
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1109
1109oa
On page
3
,
line
8 of the printed bill
,
delete "
Subsequent
"
.
On page
3
,
delete line
9
.
On page
3
,
line
10
,
delete "
an interagency review
"
.
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION DEFER HB 1109 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koetzle
Second by:
Representative Lucas
Action:
Failed by roll call vote.
(4-9-0-0)
Voting yes:
Fischer-Clemens, Haley, Koetzle, Lucas
Voting no:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
ORIGINAL MOTION:
DO PASS HB 1109
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1105:
prohibit the commitment of certain children in need of supervision to
juvenile correction facilities.
Presented by:
Rep. Volesky
Proponents:
Jennifer Ring, ACLU for the Dakotas
Jay Newberger, SD Children's Coalition
Merton Tice, Self, Rapid City
Nick Braun, SD Peace and Justice Center
Dennis Honomichl, Self, Wagner
Tom Walsh, Lutheran Social Services
Ralph Kitchen, Self, Arlington
Deb Phillips, Self, Whitewood
MOTION:
DO PASS HB 1105
Moved by:
Representative Haley
Second by:
Representative Lucas
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1105 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1272:
provide for periodic judicial review of status of children in custody of
the Department of Corrections.
Presented by:
Rep. Wilson
Proponents:
Jennifer Ring, ACLU for the Dakotas
Jay Newberger, SD Children's Coalition
Merton Tice, Self, Rapid City
Kathy White Buffalo Chief, Self, Vermillion
Nick Braun, SD Peace and Justice Center
Dennis Honomichl, Self, Wagner
Tom Walsh, Lutheran Social Services
Ralph Kitchen, Self, Arlington
Deb Phillips, Self, Whitewood
Rex Hagg, SD Trial Lawyers' Association
MOTION:
DO PASS HB 1272
Moved by:
Representative Fischer-Clemens
Second by:
Representative Haley
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Smidt, Cutler
Voting no:
Eccarius, Hunt, Jaspers, Koskan, McNenny
HB 1297:
require the Department of Corrections penal institutions to be accredited
by the American Correctional Association.
Presented by:
Rep. Haley
Proponents:
Jennifer Ring, ACLU for the Dakotas
Jay Newberger, SD Children's Coalition
Dennis Honomichl, Self, Wagner
Kathy White Buffalo Chief, Self, Vermillion
Nick Braun, SD Peace and Justice Center
Richard Norquist, Self
Opponents:
Jeff Bloomberg, Secretary, Department of Corrections
MOTION:
DO PASS HB 1297
Moved by:
Representative Fischer-Clemens
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1297 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative McNenny
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1166:
require minimum training requirements for corrections officers.
Presented by:
Rep. Dan Sutton (Document #2)
Proponents:
Jennifer Ring, ACLU for the Dakotas
Jay Newberger, SD Children's Coalition
Dennis Honomichl, Self, Wagner
Kathy White Buffalo Chief, Self, Vermillion
Richard Norquist, Self
MOTION:
AMEND HB 1166
1166ma
On page
2
,
after line
4 of the printed bill
,
insert:
"
Section 4. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
Any juvenile correctional officer shall complete four hours of instruction regarding domestic
abuse and violence. The instruction content shall be approved by the corrections commission
established in
§
1-15-1.13.
Section 5. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Social Services shall reimburse the Department of Corrections for any
domestic abuse and violence training as prescribed in section 4 of this Act. The Department of Social
Services shall use funding received from the Violence Against Women Act, set out in Title IV of the
Violent Crime Control and Law Enforcement Act of 1994.
"
Moved by:
Representative Fischer-Clemens
Second by:
Representative Lucas
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1166
1166oa
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
Any juvenile correctional officer shall complete four hours of instruction regarding domestic
abuse and violence. The instruction content shall be approved by the corrections commission
established in
§
1-15-1.13.
Section 2. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Social Services shall reimburse the Department of Corrections for any
domestic abuse and violence training as prescribed in section 4 of this Act. The Department of Social
Services shall use funding received from the Violence Against Women Act, set out in Title IV of the
Violent Crime Control and Law Enforcement Act of 1994.
"
Moved by:
Representative Koskan
Second by:
Representative McNenny
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Brown (Richard), Jaspers, Koskan, Roe, McNenny, Cutler
Voting no:
Eccarius, Fischer-Clemens, Haley, Hunt, Koetzle, Lucas, Smidt
ORIGINAL MOTION:
AMEND HB 1166
1166ma
On page
2
,
after line
4 of the printed bill
,
insert:
"
Section 4. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
Any juvenile correctional officer shall complete four hours of instruction regarding domestic
abuse and violence. The instruction content shall be approved by the corrections commission
established in
§
1-15-1.13.
Section 5. That chapter 26-11A be amended by adding thereto a NEW SECTION to read as
follows:
The Department of Social Services shall reimburse the Department of Corrections for any
domestic abuse and violence training as prescribed in section 4 of this Act. The Department of Social
Services shall use funding received from the Violence Against Women Act, set out in Title IV of the
Violent Crime Control and Law Enforcement Act of 1994.
"
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1166 AS AMENDED
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE HB 1166
Moved by:
Representative McNenny
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe
HB 1239:
limit the use of mechanical restraints in juvenile correctional facilities.
Presented by:
Rep. Fischer-Clemens
Proponents:
Jennifer Ring, ACLU for the Dakotas
Jay Newberger, SD Children's Coalition
Dennis Honomichl, Self, Wagner
Karen Taylor, Self, Sioux Falls
Rep. Wilson
Kathy White Buffalo Chief, Self, Vermillion
Richard Norquist, Self
Opponents:
Jeff Bloomberg, Secretary, Department of Corrections
MOTION:
DO PASS HB 1239
Moved by:
Representative Fischer-Clemens
Second by:
Representative Haley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1239
1239oa
On page
1
,
line
7 of the printed bill
,
delete "
except:
"
and insert "
for the purposes of
punishment.
"
.
On page
1
,
delete lines
8
to
10
, inclusive
.
Moved by:
Representative Koetzle
Second by:
None
Action:
Died for a lack of a second
ORIGINAL MOTION:
DO PASS HB 1239
Moved by:
Representative Fischer-Clemens
Second by:
Representative Haley
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Koetzle, Lucas, Roe,
Smidt, McNenny
Voting no:
Jaspers, Koskan, Cutler
HB 1230:
prohibit the maintenance and operation of certain boot camp programs.
Presented by:
Rep. Volesky
Proponents:
Jennifer Ring, ACLU for the Dakotas
Rep. Haley
Rick Anfinson, Self, Garretson
Dennis Honomichl, Self, Wagner
Vicki Hassebroek, Self, Sioux Falls
Karen Taylor, Self, Sioux Falls
Margaret and Trinity Gramkow, Selves, Sioux Falls
Nick Braun, SD Peace and Justice Center
Kathy White Buffalo Chief, Self, Vermillion
Richard Norquist, Self
Opponents:
Jeff Bloomberg, Secretary, Department of Corrections
Chair Cutler shared excerpts of positive correspondence received by the Department of Corrections
from parents and family members of juveniles within the system.
MOTION:
DO PASS HB 1230
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1230 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1273:
create the Office of the Ombudsman for Juvenile Corrections.
Presented by:
Rep. Wilson
Proponents:
Jennifer Ring, ACLU for the Dakotas
Kathy White Buffalo Chief, Self, Vermillion
Susan Randall, SD Coalition for Children
Nick Braun, SD Peace and Justice Center
Deb Phillips, Self, Whitewood
Merton Tice, Self, Rapid City
MOTION:
AMEND HB 1273
1273oc
On page
1
,
line
6 of the printed bill
,
before "
public
"
insert "
one
"
.
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1273
1273od
On page
1
,
line
12 of the printed bill
,
before "
one
"
insert "
and
"
.
On page
1
,
line
13
,
delete "
; one person
"
.
On page
1
,
delete line
14
.
On page
1
,
line
15
,
delete "
Governor
"
.
Moved by:
Representative Lucas
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1273 AS AMENDED
Moved by:
Representative Lucas
Second by:
Representative Haley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1273 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe
HB 1245:
establish an ombudsman to represent youth offenders.
Presented by:
Rep. Volesky
Proponents:
Jennifer Ring, ACLU for the Dakotas
Kathy White Buffalo Chief, Self, Vermillion
Nick Braun, SD Peace and Justice Center
Deb Phillips, Self, Whitewood
MOTION:
AMEND HB 1245
1245fa
On page
2
,
line
4 of the printed bill
,
delete "
; and
"
and insert "
, enforce the civil rights of
children, and bring equitable relief necessary,
"
.
On page
2
,
line
5
,
after "
office
"
insert "
; and
(8) Hire staff and enter into contracts for professional services
"
.
Moved by:
Representative Haley
Second by:
Representative Lucas
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1245 AS AMENDED
Moved by:
Representative Haley
Second by:
Representative Fischer-Clemens
Action:
Failed by roll call vote.
(4-9-0-0)
Voting yes:
Fischer-Clemens, Haley, Koetzle, Lucas
Voting no:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
MOTION:
DEFER HB 1245 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Jaspers
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1107:
permit the use of home detention programs for certain nonviolent
offenders.
Presented by:
Rep. Volesky (Requested that committee table the bill)
MOTION:
TO TABLE HB 1107
Moved by:
Representative McNenny
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koskan, Roe,
Smidt, McNenny, Cutler
Voting no:
Koetzle, Lucas
HB 1298:
provide for a bill of rights for children in the care of the state.
Presented by:
Rep. Haley
Proponents:
Margaret Gramkow, Self, Sioux Falls
Deb Phillips, Self, Whitewood
Jennifer Ring speaking for Edith Barden, Self, Spearfish
Trinity Gramkow, Self, Sioux Falls
Karen Taylor, Self, Sioux Falls
Susan Randall, SD Coalition for Children
Nick Braun, SD Peace and Justice Center
Opponents:
Betty Oldenkamp, Department of Human Services
MOTION:
AMEND HB 1298
1298oa
On page
4
,
line
8 of the printed bill
,
delete "
know
"
and insert "
known
"
.
Moved by:
Representative Koetzle
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1298 AS AMENDED
Moved by:
Representative Fischer-Clemens
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1298
1298ob
On page
2
,
delete line
12 of the printed bill
.
Moved by:
Representative Lucas
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION DEFER HB 1298 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
HB 1299:
provide for a bill of rights for the parents of children in the care of the
state.
Presented by:
Rep. Haley
Proponents:
Margaret Gramkow, Self, Sioux Falls
Deb Phillips, Self, Whitewood
Jennifer Ring speaking for Edith Barden, Self, Spearfish
Trinity Gramkow, Self, Sioux Falls
Karen Taylor, Self, Sioux Falls
Susan Randall, SD Coalition for Children
Nick Braun, SD Peace and Justice Center
Opponents:
Betty Oldenkamp, Department of Human Services
MOTION:
AMEND HB 1299
1299ra
On page
1
,
line
7 of the printed bill
,
after "
principle,
"
insert "
absent a showing of significant risk
of harm to the child,
"
.
Moved by:
Representative Lucas
Second by:
Representative Koetzle
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1299 AS AMENDED
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Failed by roll call vote.
(4-9-0-0)
Voting yes:
Fischer-Clemens, Haley, Koetzle, Lucas
Voting no:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
MOTION:
DEFER HB 1299 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative McNenny
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas
MOTION:
ADJOURN
Moved by:
Representative Jaspers
Second by:
Representative McNenny
Action:
Prevailed by voice vote.
Rhonda Purkapile
_________________________________
Committee Secretary
Steve Cutler, Chair
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