84th Legislative Session _ 2009

Committee: House Judiciary
Friday, March 06, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Engels
P    Feinstein
P    Gibson
P    Gosch
P    Hamiel
P    Hoffman
P    Hunt, Vice-Chair
P    Killer
P    Lust
P    Moser
P    Schlekeway
P    Turbiville
P    Cutler, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Joni Cutler, Chair.

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, MARCH 4, 2009.

Moved by:    Turbiville
Second by:    Hunt
Action:    Prevailed by voice vote.

         SB 74: direct the Office of the Attorney General to study the creation of a state medical examiner system and to declare an emergency.

Presented by:    Senator Gene Abdallah
Proponents:    Bob Miller, Funeral Director's Association
        Staci Eggert, Sheriff's Association

        Lorin Pankratz, County Commissioners
        Scott Swier, Office of Attorney General

MOTION:     DO PASS SB 74

Moved by:    Turbiville
Second by:    Gibson
Action:    Prevailed by roll call vote. (10-3-0-0)

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Schlekeway, Turbiville

Voting No:    Lust, Moser, Cutler

         SB 131: authorize sheriffs to order autopsies.

Presented by:    Representative Jim Bolin
        Senator Margaret Gillespie
Proponents:    Staci Eggert, Sheriff's Association

MOTION:     DO PASS SB 131

Moved by:    Moser
Second by:    Gosch
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Schlekeway, Turbiville, Cutler

MOTION:     PLACE SB 131 ON CONSENT CALENDAR

Moved by:    Hoffman
Second by:    Gibson
Action:    Prevailed by voice vote.

         SB 186: provide for the imposition of a late payment fee for certain chronically delinquent child support obligations.

Presented by:    Senator Russell Olson
Proponents:    Terry Walter, Department of Social Services
        Judith Roberts, Unified Judicial System
MOTION:     AMEND SB 186

186ta

     On page 1, line 7, of the Senate Judiciary Committee engrossed bill, delete "five" and insert "ten".

     On page 1, line 13, delete everything before "under" and insert "An obligor found to be chronically delinquent in child support payments or installments as required".

     On page 2, line 2, delete "five" and insert "ten".

     On page 2, line 5, delete everything after "docketed," and insert "a petition showing".

     On page 2, line 6, delete everything after "payment" and insert ", the amount received, and the amount due and requesting that a late fee be ordered. Upon filing of the petition, the obligee shall serve, by certified mail or as otherwise provided by law, a copy of the petition to the obligor. The service of such notice shall be deemed complete when proof of the service is filed with the court. The obligor has ten days from service to object to the imposition of a late fee. If a party objects within ten days of service the court shall conduct a hearing as soon as practical. The obligor has the burden of showing an inability to timely pay child support payments or installments as required under an order of support. Based upon the evidence presented at the hearing, the court may order the obligor to pay a late fee or may order any other relief as it deems appropriate.".

     On page 2, delete lines 7 to 24, inclusive.

     On page 3, delete lines 1 to 6, inclusive.


Moved by:    Gosch
Second by:    Gibson
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 186 AS AMENDED

Moved by:    Gosch
Second by:    Gibson
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Schlekeway, Turbiville, Cutler
 MOTION:     RECONSIDER SB 78

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

Voting Yes:    Engels, Feinstein, Gibson, Gosch, Hamiel, Hoffman, Hunt, Killer, Lust, Moser, Schlekeway, Turbiville, Cutler

         SB 78: revise the mandatory retirement age of judges of the Supreme Court and circuit court.

Presented by:    Representative Bernie Hunhoff
Proponents:    Laurie Feiler, Department of Corrections
        Judith Roberts, Unified Judicial System

MOTION:     AMEND SB 78

78ob
     On the printed bill, delete everything after the enacting clause and insert:

     "
     Section 1. The findings and recommendations of the Unified Judicial System's study determining the need for an additional drug court or drug courts to be established in judicial circuits with the highest volume of felony convictions shall be incorporated into a plan to be presented to the 2010 Legislature for possible implementation in fiscal year 2011. The plan may also include other proposals designed to reduce the prison population in a manner that does not jeopardize the public safety of South Dakota citizens."


Moved by:    Hunt
Second by:    Gibson
Action:    Prevailed by voice vote.

 MOTION:     AMEND TITLE OF SB 78

78jta
     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for a plan to be presented to the Legislature regarding the need for additional drug courts and certain other correctional issues.".

     On page 1, delete line 2.


Moved by:    Turbiville
Second by:    Moser
Action:    Prevailed by voice vote.

         THE CHAIR DEFERRED SB 78 UNTIL MONDAY, MARCH 9, 2009.

 MOTION:     ADJOURN

Moved by:    Turbiville
Second by:    Gibson
Action:    Prevailed by voice vote.

Linda Daugaard

____________________________

Committee Secretary
Joni M. Cutler, Chair