81
st Legislative Session _ 2006
Committee: House Judiciary
Friday, January 27, 2006
P - Present
E - Excused
A - Absent
Roll Call
P Gillespie
P Haley
P Hennies
P Jensen
P Michels
P Murschel
P O'Brien
P Roberts
P Sebert
P Tornow
P Van Norman
P Hunt, Vice-Chair
P Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Cutler
MOTION:
TO APPROVE THE MINUTES OF JANUARY 25, 2006
Moved by: Jensen
Second by: Hunt
Action: Prevailed by voice vote.
HB 1108: define negligent homicide and to provide a penalty therefor.
Presented by: Representative Alice McCoy
Proponents: Carol Torgerson, self, Custer
Senator Jim Peterson
Rick Shaefer, self, Brookings
Opponents: David Hewett, SD Assn. Of Healthcare Organizations
Dave Gerdes, SD State Medical Assn.
Roger Tellinghuisen, SD Trial Lawyers Association
MOTION:
DEFER HB 1108 TO THE 36
TH LEGISLATIVE DAY
Moved by: Murschel
Second by: Sebert
Action: Prevailed by roll call vote.(10-2-1-0)
Voting Yes: Gillespie, Haley, Hennies, Michels, Murschel, O'Brien, Roberts, Sebert, Tornow,
Hunt
Voting No: Jensen, Van Norman
Excused: Cutler
HB 1109: provide civil immunity to qualified mental health professionals designated
by the chairs of the county board of mental illness.
Presented by: Representative Kathy Miles
Proponents: Scott Peters, self, Minnehaha County
MOTION:
AMEND HB 1109
1109ra
On page
1,
line 8 of the printed bill,
delete "
that might otherwise incur.
"
and insert "for such
examinations and testimony. The immunity from civil liability under this section does not apply if
injury results from gross negligence or willful or wanton misconduct.".
Moved by: Tornow
Second by: Gillespie
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1109 AS AMENDED
Moved by: Michels
Second by: Sebert
Action: Prevailed by roll call vote.(11-0-2-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert,
Tornow, Hunt
Excused: Van Norman, Cutler
HB 1132: provide for the termination of certain parental rights of persons convicted
of rape or incest, to provide for restitution in lieu of child support in those cases, to
restrict contact with the child, and to provide penalties for violations thereof.
Presented by: Representative Alan Hanks
Proponents: Susan Randall, SD Voices For Children
MOTION:
DEFER HB 1132 TO THE 36
TH LEGISLATIVE DAY
Moved by: Hennies
Second by: Sebert
Action: Prevailed by roll call vote.(11-1-1-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert,
Tornow, Hunt
Voting No: Van Norman
Excused: Cutler
HB 1134: to revise certain provisions regarding the justifiable use of force.
Presented by: Representative Alan Hanks
Proponents: David Conway, SD Shooting Sports Assn.
Darin Goens, National Rifle Assn.
Steve Sibson, self, Mitchell
Zach Lautenschlager, SD Gun Owners
MOTION:
AMEND HB 1134
1134ra
On page
1,
line 7 of the printed bill,
delete "
reasonable apprehension of
"
.
On page
2
,
line 12,
after "
.
"
insert "
The force or violence used pursuant to this section cannot
be more than that sufficient to prevent such offense.
".
Moved by: Gillespie
Second by: Michels
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1134 AS AMENDED
Moved by: Michels
Second by: Gillespie
Action: Prevailed by roll call vote.(10-2-1-0)
Voting Yes: Gillespie, Hennies, Jensen, Michels, Murschel, O'Brien, Roberts, Sebert, Tornow,
Hunt
Voting No: Haley, Van Norman
Excused: Cutler
HB 1158: require an expert review when a medical malpractice action is commenced.
Proponents: Dave Gerdes, SD State Medical Assn.
Previous testimony was taken on HB1158
MOTION:
DEFER HB 1158 TO THE 36
TH LEGISLATIVE DAY
Moved by: O'Brien
Second by: Tornow
Action: Prevailed by roll call vote.(11-1-1-0)
Voting Yes: Gillespie, Haley, Hennies, Jensen, Murschel, O'Brien, Roberts, Tornow, Van
Norman, Hunt, Cutler
Voting No: Sebert
Excused: Michels
MOTION:
ADJOURN
Moved by: Jensen
Second by: Hunt
Action: Prevailed by voice vote.
Diane Mellan
____________________________
Committee Secretary
Joni M. Cutler, Chair
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