House Judiciary Minutes 02/06/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: House Judiciary

Wednesday, February 06, 2002

                                            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
P    Valandra
P    Michels, Vice-Chair
P    Brown (Jarvis), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Jarvis Brown, Chair

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 4, 2002

Moved by:    Bartling
Second by:    Jensen
Action:    Prevailed by voice vote.

         HB 1084: allow a health-related professional corporation to employ certain health- related licensees without having a shareholder licensed in the same profession.

Presented By:    Representative McCaulley

MOTION:     TO TABLE HB 1084

Moved by:    Sebert
Second by:    Michels
Action:    Prevailed by roll call vote.(11-1-1-0)

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

Voting No:    Monroe

Excused:    Valandra

         HB 1293: adopt the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

Proponents:    Testimony previously given
Opponents:    Testimony previously given

MOTION:     DEFER HB 1293 TO THE 36^TH LEGISLATIVE DAY

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

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

Voting No:    Bartling, Jensen, Monroe, Nachtigal

Excused:    Valandra

         HB 1160: expand certain tort liability arising out of causes of action based on reduction, abduction, and alienation of affections.

Presented By:    Representative Adelstein
Proponents:    Testimony given previously

MOTION:     AMEND HB 1160

On the previously adopted amendment (1160rb), subdivision (4), delete " , of a child from a parent, or from a guardian entitled to its custody ".

Moved by:    McCaulley
Second by:    Hennies (Thomas)
Action:    Was not acted on.

MOTION:     DO PASS HB 1160 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    McCaulley
Action:    Prevailed by roll call vote.(11-1-1-0)

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

Voting No:    Murschel

Excused:    Valandra

         HB 1253: revise certain provisions pertaining to the juvenile corrections monitor.

Presented By:    Representative Gillespie
Proponents:    Jennifer Ring, ACLU
        Dr. Susan Randall, SD Coalition for Children
        Senator Staggers
         Testimony given previously
Opponents:    Steve Green, Springfield Academy
        Lynn Valenti, Department of Human Services

MOTION:     AMEND HB 1253

On page 2, line 2 of the printed bill, delete " Subpoena " and insert "Request".

On page 2 , line 16, delete " section 5 of this Act " and insert "section 4 of this Act".

On page 3 , line 3, delete " and " .

On page 3 , line 5, after " facilities " delete " . " and insert "; and".

On page 3 , after line 5, insert "(5) At least quarterly prepare and submit a report to the Government Operations and Audit Committee regarding the conditions at juvenile corrections

facilities.".

On page 3 , line 6, delete " report " and insert "reports".

On page 3 , line 11, delete " shall " and insert "should".

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

MOTION:     AMEND HB 1253

On page 4, after line 22 of the printed bill, insert:

"
Section 13. This Act is repealed on June 30, 2006.".

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

MOTION:     DEFER HB 1253 TO THE 36^TH LEGISLATIVE DAY

Moved by:    McCaulley
Second by:    Michels
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Jensen, Madsen, McCaulley, Monroe, Sebert, Michels, Brown (Jarvis)

Voting No:    Bartling, Gillespie, Hennies (Thomas), Murschel, Nachtigal, Valandra

MOTION:     SUBSTITUTE MOTION DO PASS HB 1253 AS AMENDED

Moved by:    Hennies (Thomas)
Second by:    Nachtigal
Action:    Failed by roll call vote.(6-7-0-0)

Voting Yes:    Bartling, Gillespie, Hennies (Thomas), Murschel, Nachtigal, Valandra

Voting No: Jensen, Madsen, McCaulley, Monroe, Sebert, Michels, Brown (Jarvis)

MOTION: TO AMEND TITLE OF HB 1160

On page 1, line 1 of the printed bill, delete " repeal " and insert "expand".

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

         SB 53: revise certain terms used in the Uniform Probate Code.

Presented By:    Tom Barnett, State Bar Association

MOTION:     DO PASS SB 53

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

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

Excused:    McCaulley

MOTION:     PLACE SB 53 ON CONSENT CALENDAR

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

         SB 101: provide for the release of the booking photographs of prisoners under certain conditions.

Proponents:    David Bordewyk, SD Newspaper Association
        Tena Heraldson, Associated Press
        Chuck Schroyer, State Attorneys Association
Opponents:    Roger Tellinguisen, SD Trial Lawyers Association

MOTION:     ADJOURN

Moved by:    Jensen
Second by:    Sebert
Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary

Jarvis W. Brown, Chair

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