76th Legislative Session _ 2001

Committee: House State Affairs
Friday, February 23, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brown (Richard)
P    Duenwald
P    Duniphan
P    Eccarius
P    Glenski
P    Hanson (Gary)
P    Jaspers
P    Juhnke
P    Michels
P    Olson (Mel)
P    Smidt
P    Napoli, Vice-Chair
P    Peterson (Bill), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Vice Chair Bill Napoli.

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 21, 2001.

Moved by:    Duniphan
Second by:    Duenwald
Action:    Prevailed by voice vote.

         SB 128: require an agency to serve minutes of the rules hearing before the agency appears before the Interim Rules Committee.

Presented By:    Senator Paul Dennert, prime sponsor

MOTION:     DO PASS SB 128



Moved by:    Smidt
Second by:    Jaspers
Action:    Prevailed by roll call vote.(11-0-2-0)

Voting Yes:    Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli

Excused:    Brown (Richard), Peterson (Bill)

MOTION:     PLACE SB 128 ON CONSENT

Moved by:    Michels
Second by:    Duniphan
Action:    Prevailed by voice vote.

         SB 53: revise certain provisions regarding the reunification of an abused or neglected child with a parent and the subsequent termination of parental rights.

Presented By:    Jim Ellenbecker, Department of Social Services
Proponents:    Virginia Wieseler, Department of Social Services
        Fred Tully, Children's Home, Rapid City
        Susan Randall, lobbyist, SD Coalition for Children, Sioux Falls

Chair Bill Peterson assumed the chair.

MOTION:     DO PASS SB 53

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

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)

MOTION:     PLACE SB 53 ON CONSENT

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

         SB 92: provide for the care of certain abandoned children and for the termination of

parental rights.

Presented By:    Representative Tom Hennies, sponsor
Proponents:    Representative Donald Van Etten, chairman, Bethany Christian Services, Rapid City
        Virginia Wieseler, Department of Social Services
        Rory King, Catholic Diocese of SD, Aberdeen
        Dave Hewett, lobbyist, SD Association of Health Organizations
        Senator Arlene Ham, prime sponsor

MOTION:     AMEND SB 92

92jg
     On page 1, line 4 of the Senate engrossed bill, after " provider " insert "or licensed child placement agency".

     On page 1 , line 4, delete " is " and insert "appears to be".

     On page 1 , line 5, after " provider " insert "or agency".

     On page 1 , line 6, after " provider " insert "or agency".

     On page 1 , line 9, after " crime " insert "for a parent".

     On page 1 , line 9, after " provider " insert "or a licensed child placement agency".

     On page 1 , line 10, after " provider " insert "or licensed child placement agency".

     On page 1 , line 12, after " provider " insert "or a licensed child placement agency ".

     On page 2 , line 2, after " state " insert "or licensed child placement agency".

     On page 2 , line 4, after " provider " insert "or licensed child placement agency".

     On page 2 , line 7, delete " parent's " .

     On page 2 , line 7, after " name " insert "of the parents".

     On page 2 , line 8, after " provider " insert "or licensed child placement agency".

     On page 2 , line 8, after " accepts " insert "physical".

     On page 2 , line 11, after " provider's " insert "or agency's".

     On page 2 , line 12, after " provider " insert "or a licensed child placement agency".

     On page 2 , line 12, after " shall " insert "immediately".

     On page 2 , line 13, after " provider " insert "or agency".

     On page 2 , line 13, delete " no later than the close of the first " .

     On page 2 , line 14, delete " business day after the date on which the provider took possession of the child " .

     On page 2 , line 14, after " department " insert "or licensed child placement agency".

     On page 2 , line 15, after " notice. " insert "However, a licensed child placement agency that has taken possession of a child may assume the care, custody, and control of the child.".

     On page 2 , line 16, after " department " insert "or licensed child placement agency".

     On page 2 , line 17, after " provider " insert "a licensed child placement agency".

     On page 2 , line 20, after " provider " insert "or a licensed child placement agency".

     On page 2 , line 22, after " provider " insert "or agency".

     On page 3 , line 1, after " provider " insert "or agency".

Moved by:    Brown (Richard)
Second by:    Michels
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 92

92jj
     On page 1, line 13 of the Senate engrossed bill, delete " and without any court proceeding " .

     On page 2 , line 1, after " terminated; " insert "and".

     On page 2 , line 2, delete " ; and " and insert ".".

     On page 2 , delete line 3 .

     On page 3 , after line 4, insert:

"      Section 9. Sixty days after the emergency medical services provider or licensed child placement agency takes possession of the child a hearing shall be held in circuit court to terminate parental rights. Due regard in the administration of this Act shall be afforded to the Indian Child Welfare Act (25 U.S.C. Secs. 1901-1963) if that Act is applicable.".


Moved by:    Duniphan
Second by:    Glenski
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 92 AS AMENDED

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

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)

Vice Chair Bill Napoli assumed the chair.

         SB 226: revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale at any one time or from time to time of a portion of or all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, to establish certain funds, and to declare an emergency.

Presented By:    Representative Bill Peterson, sponsor
Proponents:    Bruce Bonjour, attorney, Chapman and Cutler, Chicago (handout 1)
Opponents:    Kitty Kinsman, lobbyist, American Cancer Society

Chair Bill Peterson assumed the chair.

MOTION:     DO PASS SB 226


Moved by:    Brown (Richard)
Second by:    Duniphan
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 226

226da
     On page 13, after line 16 of the Senate State Affairs Committee engrossed bill, insert:

"
     Section 14. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


Moved by:    Jaspers
Second by:    Juhnke
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 226 AS AMENDED

Moved by:    Brown (Richard)
Second by:    Duniphan
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli, Peterson (Bill)

Voting No:    Glenski, Hanson (Gary), Olson (Mel)

MOTION:     TO AMEND TITLE OF SB 226

226dta
     On page 1 , line 8 of the Senate State Affairs Committee engrossed bill, delete " and " .

     On page 1, line 8, after " funds " insert ", and to declare an emergency".

Moved by:    Juhnke
Second by:    Olson (Mel)
Action:    Prevailed by voice vote.



The Chair deferred SB 150 until Saturday, February 24, 2001.

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Duenwald
Action:    Prevailed by voice vote.

Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair


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