81st Legislative Session _ 2006

Committee: House Judiciary
Friday, February 17, 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 FEBRUARU 15, 2006

Moved by:    Hunt
Second by:    Murschel
Action:    Prevailed by voice vote.

         SB 99: establish a task force to study sexual assault and to provide for its composition, scope, and administration.

Presented by:    Representative Elizabeth Kraus
Proponents:    Susan Sheppick, Department of Social Sevices

MOTION:     DO PASS SB 99

Moved by:    Michels
Second by:    Murschel
Action:    Prevailed by roll call vote.(10-0-3-0)

Voting Yes:    Gillespie, Haley, Hennies, Jensen, Michels, Murschel, Roberts, Sebert, Hunt, Cutler

Excused:    O'Brien, Tornow, Van Norman

         SB 1: provide for the mandatory withdrawal of blood or other bodily substances subsequent to arrest for driving while under influence.

Presented by:    Representative Thomas Hennies
Proponents:    Chuck Schroyer, SD States Attorneys Assn.
        Larry Long, Attorney General
        Micheal Moore, self, Huron
        Dick Tieszen, SD Chiefs of Police/SD Sheriffs
Opponents:    Brett Koenecke, SD Nurses Assn.
        David Hewett, SD Assn. Of Healthcare Organizations
        Deb Fischer Clemens, Avera Health
        Roger Tellinghuisen, SD Trial Lawyers Association
        Brittany Novotny, SD Medical Assn.
Previous testimony was taken on SB 1

MOTION:     AMEND SB 1

1rb
     On page 2, line 21 of the Senate Judiciary Committee engrossed bill, delete " 33-23-10 " and insert " 32-23-10 ".

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

MOTION:     AMEND SB 1

1rc
     On page 2, line 16 of the Senate Judiciary Committee engrossed bill, delete " 32-23-10, 32-23- 13 , " and insert " 32-23-13 32-23-10 ".
     On page 2 , line 21, delete " 33-23-10, 32- " and insert " 32-23-13 32-23-10 ."

     On page 2 , line 22, delete " 23-13 , " .

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

MOTION:     AMEND SB 1

1rg
     On page 2, after line 23 of the Senate Judiciary Committee engrossed bill, insert:

"
     Section 4. That § 32-23-14 be amended to read as follows:

     32-23-14.   Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in §  32-23-10 , and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes outlined in this chapter, unless required pursuant to a written agreement. ".


Moved by:    Michels
Second by:    Hennies
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND THE AMENDMENT

1rf
     On page 2, after line 23 of the Senate Judiciary Committee engrossed bill, insert:

"
     Section 4. That § 32-23-14 be amended to read as follows:

     32-23-14.   Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in §  32-23-10 , and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. ".


Moved by:    Gillespie
Second by:    O'Brien
Action:    Failed by voice vote.

MOTION:     AMEND SB 1

1rg
     On page 2, after line 23 of the Senate Judiciary Committee engrossed bill, insert:

"
     Section 4. That § 32-23-14 be amended to read as follows:

     32-23-14.   Only a physician, laboratory technician, registered nurse, physician's assistant, phlebotomist, expanded role licensed practical nurse, medical technician, or medical technologist may withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of a breath or other bodily substance specimen. Such authorized persons, acting on the presumption of consent in §  32-23-10 , and any hospital or facility employing such persons, are not liable and may not be held to pay damages to the party from whom the blood sample is withdrawn, if the withdrawal is administered with usual and ordinary care. No person authorized to withdraw blood under this section may be required or forced to withdraw blood for the purposes outlined in this chapter, unless required pursuant to a written agreement. ".


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

MOTION:     DO PASS SB 1 AS AMENDED

Moved by:    Hennies
Second by:    Sebert
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 1

1rh
     On page 1, line 12 of the Senate Judiciary Committee engrossed bill, after " evidence " insert " , if the violation is for a second or subsequent offense within the last ten years ".

     On page 1 , delete line 13 , and insert " The If the violation is for a first offense within the last ten years, the person shall be requested by the officer to submit to the withdrawal of blood or other".

     On page 1 , remove the overstrikes from line 14 .

     On page 2 , remove the overstrikes from lines 1 to 14 , inclusive.

Moved by:    Murschel
Second by:    Tornow
Action:    Failed by roll call vote.(4-7-2-0)

Voting Yes:    Haley, Murschel, Tornow, Van Norman

Voting No:    Hennies, Jensen, Michels, O'Brien, Roberts, Sebert, Cutler

Excused:    Gillespie, Hunt

MOTION:     DO PASS SB 1 AS AMENDED

Moved by:    Hennies
Second by:    Sebert
Action:    Prevailed by roll call vote.(8-3-2-0)

Voting Yes:    Hennies, Jensen, Michels, O'Brien, Roberts, Sebert, Tornow, Cutler

Voting No:    Haley, Murschel, Van Norman

Excused:    Gillespie, Hunt

The Chair deferred SB 159 until Wednesday, February 22, 2006.

The Chair deferred SB 112 until Wednesday, February 22, 2006.

MOTION:     ADJOURN

Moved by:    Jensen
Second by:    Tornow

Action:    Prevailed by voice vote.

Diane Mellan

____________________________

Committee Secretary
Joni M. Cutler, Chair

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