P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Vice-Chair Daugaard
MOTION:
TO APPROVE THE MINUTES OF JANUARY 23, 2002
The Chair deferred SB 175 until another day.
The Chair deferred SB 126 until another day.
E - Excused
A - Absent
P Bogue
P de Hueck
P Koetzle
P Koskan
E Moore
P Daugaard, Vice-Chair
E Whiting, Chair
Moved by: Bogue
Second by: Koskan
Action: Prevailed by voice vote.
SB 175: provide for civil liability for certain personal injuries relating to the internet
posting of certain inherently dangerous information.
SB 126: revise certain career service system rules pertaining to causes for
disciplinary action against employees.
SB 176: repeal certain provisions, commonly known as the gag law, prohibiting
certain disclosures by a state agency of information concerning a private entity.
Presented By: Senator Hutmacher
Proponents: Richard Butler, State Treasurer
Scott McGregor, State Treasurer's Office
Dave Bordewyk, SD Newspaper Association
MOTION:
DO PASS SB 176
Moved by: Koetzle
Second by: de Hueck
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 176
"
Section 1. That
§
1-27-28
be amended to read as follows:
1-27-28.
Terms used in
§
§
1-27-29 to 1-27-32, inclusive, mean:
1-27-29.
A state agency which is authorized by law to investigate, examine, or audit the papers,
books, records, financial condition, or other information held by or concerning
a private entity
any
natural person
may not disclose that it is conducting such an investigation, examination, or audit,
except as provided by
§
§
1-27-28 to 1-27-32, inclusive.
Section 3. That
§
1-27-30
be amended to read as follows:
1-27-30.
All information obtained from or concerning the
private entity
natural person
by the
state agency as a result of such an investigation, examination, or audit is confidential, except as
provided by
§
§
1-27-28 to 1-27-32, inclusive.
Section 4. That
§
1-27-31
be amended to read as follows:
1-27-31.
A state agency may not disclose that it is investigating, examining, or auditing a
private
entity
natural person
, and may only disclose the information obtained from such an investigation,
examination, or audit as follows:
Moved by: Bogue
Second by: de Hueck
"
Section 5. If a court determines that a petitioner pursuant to section 4 of this Act should be
awarded custody or visitation, the court need not terminate either biological parent's parental rights
over the child. A judgment awarding the petitioner custodial rights may award the biological parent
with visitation rights with the child.
Section 6. If a court awards a third party custodial rights to a child, the court may set child
support in whatever amount it deems appropriate, and notwithstanding the provisions of any other
statute to the contrary, may waive the biological parent's duty to provide monetary or other support
for their child.".
Moved by: de Hueck
Second by: Koetzle
Action: Prevailed by voice vote.
MOTION:
AMEND SB 177
Moved by: Koetzle
Second by: Koskan
Action: Prevailed by voice vote.
MOTION:
AMEND SB 177
"
Section 1. In disputes regarding custody of a child, the court may allow an interested third party
to intervene upon motion. Before allowing intervention, the court may appoint counsel for the child.
The court may award full or partial custody, care, and education of the child to any interested third
party upon such conditions and limitations as the court deems equitable.
Section 2. In making any order pursuant to section 1 of this Act, the court shall be guided by the
best interests of the child, giving consideration to the wishes of the child if the child is of sufficient
age and capable of forming an intelligent preference.
Section 3. In disputes regarding custody of a child between a parent and an interested third party,
the presumption in favor of the parent may be rebutted by showing that it would be detrimental to
the child to award custody to the parent.
Section 4. For the purposes of this Act, an interested third party is a person who has been one of
the primary caretakers of the child and with whom the child has closely bonded."
Moved by: Koetzle
Nancy Benson
Action: Died for a lack of a second
MOTION:
DO PASS SB 177 AS AMENDED
Moved by: Koskan
Second by: Daugaard
Action: Prevailed by roll call vote.(4-0-3-0)
Voting Yes: Bogue, Koetzle, Koskan, Daugaard
Excused: de Hueck, Moore, Whiting
MOTION:
ADJOURN
Moved by: Koetzle
Second by: Koskan
Action: Prevailed by voice vote.
Committee Secretary Dennis M. Daugaard, Vice-Chair
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