House Judiciary Minutes 01/29/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: House Judiciary

Monday, January 29, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bartling
P    Gillespie
P    Hennies (Thomas)
P    Jensen
P    Madsen
P    McCaulley
P    Monroe
P    Murschel
P    Nachtigal
P    Sebert
A    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Jarvis Brown

MOTION:     TO APPROVE THE MINUTES OF JANUARY 26, 2001

Moved by:    Madsen
Second by:    Monroe
Action:    Prevailed by voice vote.

         HB 1032: revise certain provisions relating to child support.

Presented By:    Linda Lee Viken (SD Commission on Child Support)
Proponents:    Terry Walter (Dept. Of Social Services-Child Support)
        Judge Steven Zinter (SD Commission on Child Support)
Opponents:    Tim Stanger (Self)

        Jason Kauffman (Self)
        John Grog (Self)
        Representative Carol Pitts (Self)

MOTION:     AMEND HB 1032

On page 15, line 20 of the House Judiciary Committee engrossed bill, delete " child spends " and insert " court order allows the child to spend ".

Moved by:    Gillespie
Second by:    Murschel
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1032

On page 15, between lines 3 and 4 of the House Judiciary Committee engrossed bill, insert " The share of the custodial parent is presumed to be spent directly for the benefit of the child. ".

Moved by:    Gillespie
Second by:    Hennies (Thomas)
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1032

On page 18 of the House Judiciary Committee engrossed bill, delete lines 6 to 9 , inclusive, and insert " In the case of the death of a parent, the court, taking into consideration all factors deemed relevant, including the financial resources of the child and the other parent and the needs of the decedent's family, shall determine whether it is equitable that the child support obligation survive the death. The court may modify the amount due, revoke the amount due, or commute the amount due to a lump sum payment. ".

Moved by:    McCaulley
Second by:    Hennies (Thomas)
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1032 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Madsen
Action:    Prevailed by roll call vote.(12-0-0-1)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Madsen, McCaulley, Monroe, Murschel, Nachtigal, Sebert, Michels, Brown (Jarvis)

Absent:    Valandra

         HB 1145: revise the circumstances under which certain arrests may be effected without a warrant.

Presented By:    Representative Judy Clark (Self)
Proponents:    RoAnn Redlin (SD Coalition Against Domestic Violence)
Opponents:    Tom Barnett (SD State Bar)

MOTION:     DO PASS HB 1145

Moved by:    Hennies (Thomas)
Second by:    Murschel
Action:    Prevailed by roll call vote.(8-4-0-1)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Jensen, Murschel, Nachtigal, Michels, Brown (Jarvis)

Voting No:    Madsen, McCaulley, Monroe, Sebert

Absent:    Valandra

         HB 1157: prohibit the keeping of a place where marijuana is used or distributed.

Presented By:    Representative Lou Sebert
Proponents:    None
Opponents:    None

MOTION:     ADJOURN

Moved by:    Madsen
Second by:    Hennies (Thomas)
Action:    Prevailed by voice vote.

Jeanne Bullard

____________________________

Committee Secretary

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