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HOME    John Grosz, President Response 1/31/03
                Compelling testimony on SB 60 - Crumrine
                          (download time varies with type of internet service)

"If you're not part of the solution, you are part of the problem"

House Judiciary Committee hearing set for next Wednesday, February 19th at 7:45 am. It is expected that testimony for SB 60 will begin at 8:30 am  Call me at 605-260-3000 if you wish to attend to testify your support....
SB 60 goes onto the House Judiciary Committee (estimate 1 week) where we will again provide supportive testimony on the Bill.  Again, this is not a shared parenting bill and would like to see the wording in Section 1:  ...that maximizes the amount of time the child may spend with each parent...  Please let your Representatives and the Governor know. Contact the House Judiciary Committee with your support.  Ask your friends and relatives to do the same!!!  If you wish to testify at the House Judiciary Committee (prob next week), call me at 605-260-3000 and I will keep you updated when they meet.  
Listen to SB60 testimony on Senate Floor
Senate bill 60 passed the Senate today,  24 to 9 with 2 excused.
The question being "Shall SB 60 pass as amended?"

Abdallah; Brown; de Hueck; Dempster; Duniphan; Duxbury; Earley; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Kooistra; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Vitter

Nays: Albers; Apa; Bogue; Dennert; Diedrich (Larry); Duenwald; Greenfield; Koskan; Sutton (Duane)

A special thank you to Senator Clarence Kooistra, Senator de Hueck, Senator Garry Moore, Senator David Knutson and Senator Ed Olson for their supportive remarks. A Special thanks to Senator Kooistra for all the work he has done on this bill. He knows what is Important, our children!   SB 60 goes onto the House Judiciary Committe where we will again provide supportive testimony on the Bill.  Again, this is not a shared parenting bill and would like to see the wording in Section 1:  ...that maximizes the amount of time the child may spend with each parent...  Please let your Representatives and the Governor know.

I would encourage you to listen to today's testimony.  In particular, Senator Moore's visionary support!  

According to Representative Matt Michels (Speaker of House) , the bill will be in committee in approx. a week and one-half.  Plenty of time to write an editorial or call your Representatives and Governor.  Do the best you can in support of a shared parenting bill.

By the way, I am still waiting for new memberships.  We have had two so far.  We have a long way to go on this bill and the movement in the future.  If it doesn't affect you, it will effect your children, grandchildren, friends, relatives, etc.

Thanks for all your support! If you plan on providing testimony in House Committee, let me know so I can convey the number to Representative Christensen.  I firmly believe God is With us for our children!

Steve...They deferred SB#60 until tomorrow because an opponent was visiting with the governor....He is also attempting to amend and has passed out material that David Braum used in the hearing.....We must wait one more day...

A motion passed today to move SB 60 to the last item today. Due to time, it was deferred until tomorrow.  Keep up what your doing in Support for SB 60.

SB 60 goes to the Senate Floor today for Debate.  Call your Senators to Support SB 60.  (Call 605 - 773-3821 and leave a message of support)
I received a call from Pierre tonight. Word is, this bill is going to tough to come out of the Senate without Co-sponsors publicly supporting the bill.  It is becoming more and more political, disregarding the focus.  Sad!   No word from the Governor where he stands, however Reps from the Executive branch are strongly opposed.  We need people to call the co-sponsors specifically, Senators Abdallah (District 10) Earley (12), Kloucek (19), Koetzle (Dist 15),  Moore (18), Olson (20), non-sponsor Schoenbeck (5) and others to provide public testimony in Support of SB 60 on the Senate floor.  If you called them once, call them again.
It is anticipated that SB60 will go to the Senate Floor on Wednesday for debate.
As a "grass roots" group, we have to do our best in this area.  Guess we are considered a special interest group.  We are, for our children.
Senate Bill 60 (As amended - with Shared Parenting eliminated from the bill) Passed the Senate Judiciary Committee today with Senator J.P. Duniphan from District 33, Rapid City as the sole "nay" vote.  
The time is now to let your Senators know where you stand on SB 60 and that we want SB 60 to reflect "Shared Parenting" (a placement schedule that maximizes the amount of time the child may spend with each parent) a presumption of joint physical custody unless detrimental to a child -- also know there are plenty of protections in this bill to address "if detrimental to the child".
Also, I would encourage you to review our preferred SB 60 and encourage your Senators to reinstate the wording in Section 5 on Relocation.
They need to hear from you NOW!!!  Thanks...Steve
I had the privilege today to go to Yankton's Cracker Barrel.  It is clear that the "shared parenting" portion of this bill is opposed by the Executive Branch (Governor's Office) and the Unified Judicial System.
We need to make our voices heard here as well.
A special thanks to Senator Kooistra, Linda Lea Viken and Senator Moore for their assistance this past week would be warranted as well.
Today, the Senate Judiciary Committee made amendments to the Relocation portion of the bill, changing "out of School District" to "beyond 75 miles.  They also cut the 60 days to 30 days. The 30 days to 15 days and the 14 days to 10 days --- further watering down this bill.  Senator Schoenbeck made it clear to the committee that this is no longer a shared parenting bill.  The bill was tabled until next Monday.
It is clear that this committee does not believe in the importance to children of having two actively involved parents nor the belief in the significant contributions of both parents to a child.  They appear stuck on the traditional beliefs that have harmed many children of separation and divorce, and their parents, in our state.  A State with a "perverse" system of custody, a state where there continues to be a winner and a loser, resulting in more loss for children.  They continue to believe that one parent, the custodial parent should have primary say in a child's life over the other parent.  Until this changes, make your voice and the voice of your children and friends loud and clear!
Today the Senate Judiciary Committee Amended SB 60 and essentially gutted any reference to equal time between parents, eliminating Section 6 as well, stating they couldn't presume this.
Our position is this is the most important aspect of the bill.  
I am not an attorney but it seems that according to my knowledge from Citizen 101, the law must presume that a child has the right to equal access to both parents unless there is a compelling reason not to do so.
Therefore, the legislature must recognize that the standard guidelines (primarily the parenting schedule) must presume that both parents are fit unless there is a compelling reason.  The State cannot restrict or limit a child or parent's right (for maximized time) at the beginning of any custody proceeding - due process must occur for this to happen.
The standard guidelines are law.  Unless there is a change in the standard guidelines that reflects a maximum amount of time between parents and children at the onset of separation (which more importantly is supported by research), this would not be considered a shared parenting bill.  Right now and if this bill passes as is, the starting parenting schedule ratio is 74% / 26%.  The starting point should be 50/50.
More importantly, without all the constitutionality stuff - it just makes common sense and assumes the best in our citizens and for our children.
The bill has not passed out of committee and will, more than likely pass out with a "do pass" on Friday.  It goes to the Senate Floor probably next week.
Call your Senators/ Representatives/Governor/Unified Judicial System in Support of SB 60, however, indicate that you want them to make a commitment to maximum shared parenting time by acknowledging in Section 1 and return the Relocation portion of the bill to its original form:
Amended version - encourage senators and others to add underlined.  

The standard guidelines shall reflect a parenting schedule that allows the child to have regularly occurring, meaningful periods of physical placement with each parent and that maximizes the amount of time the child may spend with each parent, taking into account geographic separation and accommodations for different households.  These guidelines shall provide".

If you want to send an E-mail to Representative, Senator or Governor - here is how to do it

This weekend, and in two week, there are Cracker barrels across the state.  GO!!! Encourage them to support SB 60 with "maximizing the amount of time".  You want the wording that same as Wisconsin's.  Ask them to reinstate the amendments today so that they reflect the American Academy of Matrimonial Lawyers Proposed Model Relocation Act Standards.  Ask a questions such as, "Does the bill as modified, give a child maximum time with both parents at the time of separation".  If not, why not if both parents are fit and able?  Ask them, if SB 60 will end the win/lose situation in our state?  If not, why not.  Ask them if they have read their packet of information on Shared parenting that was sent to them.  Tell them what you think and share your story if it is helpful!!!!  Write an editorial.  Ask them if they believe that both parents should be treated equally at separation and beyond without a compelling reason not to do so.

Get your friends involved.  Become a member of the South Dakota Coalition for Shared Parenting.  Donate your time or financial resources. Plan to attend a peaceful rally at the Capital if necessary.   Download our Brochure and pass it to your friends and relatives.    SDCSP BROCHURE SDCSP BROCHURE

This would make the shared parenting portion of this bill the same as Wisconsin 767.24 (4) (a), a state that presumes equal shared parenting since the year 2000.

In Wisconsin, the review of "Maximization of placement" is described as:
The most important change to their placement law.  This presumes an equal placement schedule for two parents who live in the same neighborhood, or in the same school district.  But equal placement would be a practical impossibility in cases of a substantial geographic separation.

In Wisconsin, regularly occurring and meaningful placement with each parent also means that courts must avoid the overly simplistic solution of awarding school year placement to one parent and summer placement to the other parent.  Instead, the placement with each parent needs to be regular so that the child can maintain and develop a relationship with each parent.  The requirement that the placement be meaningful directs the court to set a placement schedule that allows for more time than a few hours each week for dinner.  Time is a crucial component in giving both parent and child an opportunity to adjust to placement transitions and fully develop their relationship.

John Grosz, President
The South Dakota Coalition for Shared Parenting

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