P - Present
E - Excused
A - Absent
Roll Call
P Cronin
P Erickson
P Feinstein
P Gibson
P Hajek
P Hoffman
P Johns
P Killer
P Kopp
P Magstadt
P Wink
P Stevens, Vice-Chair
P Gosch, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Gosch, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 21, 2014
Moved by: Wink
Second by: Hajek
Action: Prevailed by voice vote.
HB 1165: adopt the Uniform Deployed Parents Custody and Visitation Act.
Presented by: Representative David Lust
Proponents: Steve Harding, Department of Military and Veterans' Affairs
Tom Barnett, State Bar of SD
Dan Todd, Department of Social Services
" Section 32. That § 33-6-10 be repealed.
33-6-10. A servicemember ordered to deployment, who is the physical custodian or guardian of
a minor or incapacitated person, may delegate by a properly executed power of attorney to another
person for a period of one year or less any of the powers regarding care and custody of the minor
child or ward, except the power to consent to marriage or adoption of a minor ward. If the power of
attorney lapses prior to the servicemember's release from active duty, the power of attorney shall be
automatically extended for an additional year unless the servicemember is sooner released from
active duty. Neither the execution of such a power of attorney pursuant to this section, nor the
deployment itself, may be considered a factor in considering a substantial and material change of
circumstances, nor a factor in a best interest of the child determination for purposes of permanent
child custody modification proceedings. There is hereby imposed an automatic stay of all
proceedings seeking a permanent change in custody of a minor child where the parent with physical
custody is a servicemember called to active duty for deployment. Such stay shall continue for the
period of service due to deployment, unless waived in writing by the service member. Nothing in this
section precludes a petition by the noncustodial parent to temporarily change physical custody, the
best interests of the child remains determinative for such temporary custody determinations. Any
temporary order modifying physical custody of the child automatically terminates upon return of the
servicemember from deployment and reverts back to the custody status or order in effect prior to the
deployment. However, if upon return from the deployment either the servicemember or child exhibits
a substantial and material change in circumstances which adversely affects the servicemember's
ability to adequately care for the child, the best interests of the child shall be determinative. The
temporary custody provisions of § 25-4A-11 do not apply to the temporary custody provisions of this
section. ".
MOTION: DEFER HB 1258 TO THE 41ST LEGISLATIVE DAY
Moved by: Johns
Second by: Magstadt
Action: Prevailed by roll call vote. (9-4-0-0)
Voting Yes: Cronin, Erickson, Hajek, Hoffman, Johns, Kopp, Magstadt, Wink, Gosch
Voting No: Feinstein, Gibson, Killer, Stevens
HB 1259: specify certain requirements relating to temporary child custody hearings.
Presented by: Representative Kevin Killer
Opponents: Suzanne Kappes, Unified Judicial System
Paul Bachand, SD State's Attorneys Association
Lindsey Riter-Rapp, SD Association of Criminal Defense Lawyers
Dan Todd, Department of Social Services
Traci Thompson