88
th Legislative Session _ 2013
Committee: House Judiciary
Wednesday, February 06, 2013
P - Present
E - Excused
A - Absent
Roll Call
P Wink
P Killer
P Feinstein
P Gibson
P Hoffman
P Magstadt
P Kopp
P Erickson
P Stevens
P Johns
P Hajek
P Hansen, 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 4, 2013
Moved by: Hansen
Second by: Gibson
Action: Prevailed by voice vote.
HB 1151: extend general immunity from liability for directors and officers of certain
nonprofit fire and ambulance departments and to limit certain actions for personal
injury or death.
Presented by: Representative Tim Rounds
Proponents: Jason Glodt, Independent Insurance Agents of SD
Paul Merriman, Department of Public Safety
Marilyn Rutz, Director of EMS/SD Dept. Of Public Safety.
MOTION: AMEND HB 1151
1151ra
On the printed bill, delete everything after the enacting clause and insert:
" Section 1. That § 20-9-4.1 be amended to read as follows:
20-9-4.1. No peace officer, conservation officer, member of any fire department, police
department and their first aid, rescue or emergency squad, or any citizen acting as such as a
volunteer, or any other person is liable for any civil damages as a result of their acts of commission
or omission arising out of and in the course of their rendering in good faith, any emergency care and
services during an emergency which is in their judgment indicated and necessary at the time. Such
relief from liability for civil damages shall extend extends to the operation of any motor vehicle in
connection with any such care or services.
Nothing in this section grants any
such relief to any person causing any damage by his willful,
wanton or reckless act of commission or omission.
Section 2. That chapter 20-9 be amended by adding thereto a NEW SECTION to read as follows:
Any action for recovery of damages for personal injury or death caused by the negligence of
directors and officers of a nonprofit fire, ambulance, or search and rescue entity organized or
incorporated in the State of South Dakota, or its employees and volunteers authorized by the
nonprofit organization at the time of the alleged negligent act shall be commenced within two years
from the occurrence of the accident causing the injury or death. This section applies whether such
person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not
compensated.
Section 3. That chapter 20-9 be amended by adding thereto a NEW SECTION to read as follows:
A nonprofit fire, ambulance, or search and rescue entity organized or incorporated in the State
of South Dakota and its volunteer officers and directors are immune from civil liability for any action
brought in any court in this state on the basis of any act or omission resulting in damage or injury
if:
(1) The individual was acting in good faith and within the scope of such individual's official
functions and duties for the nonprofit organization or corporation; and
(2) The damage or injury was not caused by gross negligence or willful and wanton
misconduct by such individual. "
Moved by: Wink
Second by: Gibson
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1151 AS AMENDED
Moved by: Hansen
Second by: Erickson
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Wink, Killer, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens, Johns, Hajek,
Hansen, Gosch
Excused: Feinstein
HB 1232: differentiate the penalty for hiring another person to engage in sexual
activity based on the age of the victim and to provide a penalty therefor.
Presented by: Representative Scott Craig
MOTION: TO TABLE HB 1232
Moved by: Hansen
Second by: Magstadt
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Wink, Killer, Feinstein, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens,
Johns, Hajek, Hansen, Gosch
HB 1177: criminalize the failure to return rented or leased property and to provide
a penalty therefor.
Presented by: Representative Scott Craig
MOTION: TO TABLE HB 1177
Moved by: Hoffman
Second by: Hansen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Wink, Killer, Feinstein, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens,
Johns, Hajek, Hansen, Gosch
HB 1219: amend the benefit allowance exempt from levy in bankruptcy cases.
Presented by: Representative Steve Hickey
MOTION: TO TABLE HB 1219
Moved by: Wink
Second by: Hansen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Wink, Killer, Feinstein, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens,
Johns, Hajek, Hansen, Gosch
HB 1171: exempt certain property from bankruptcy levy.
Presented by: Representative Steve Hickey
MOTION: AMEND HB 1171
1171ja
On page 2 of the printed bill, delete lines 5 to 9, inclusive.
Moved by: Hoffman
Second by: Hansen
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1171 AS AMENDED
Moved by: Feinstein
Second by: Magstadt
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Wink, Killer, Feinstein, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens,
Johns, Hajek, Hansen, Gosch
HB 1216: prohibit computer damage, computer theft, and unauthorized computer
access and provide penalties therefor.
Presented by: Representative Patrick Kirschman (Handouts: 1,2)
MOTION: DEFER HB 1216 TO THE 41
ST LEGISLATIVE DAY
Moved by: Johns
Second by: Hajek
Action: Prevailed by roll call vote. (11-2-0-0)
Voting Yes: Wink, Gibson, Hoffman, Magstadt, Kopp, Erickson, Stevens, Johns, Hajek, Hansen,
Gosch
Voting No: Killer, Feinstein
MOTION: ADJOURN
Moved by: Gibson
Second by: Hoffman
Action: Prevailed by voice vote.
Traci Thompson
____________________________
Committee Secretary
Brian G. Gosch, Chair
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