72nd Legislative Session -- 1997
Committee: Senate Judiciary
Friday, February 14, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Aker
P
Daugaard
P
Dunn (Rebecca)
P
Flowers
P
Valandra
P
Munson (David), Vice-Chair
P
Whiting, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Whiting, Chairman
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 12, 1997
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
SB 134:
to require that property owners be notified of the filing of certain
instruments affecting their property.
Presented by:
Rick Sattgast, SD County Officials (Handout A)
MOTION:
TO TABLE SB 134
Moved by:
Senator Daugaard
Second by:
Senator Aker
Action:
Prevailed by roll call vote.
(4-0-2-0)
Voting yes:
Aker, Daugaard, Valandra, Whiting
Excused:
Dunn (Rebecca), Flowers
SB 235:
to revise the applicability of the physician/patient privilege to criminal
actions.
Proponents:
Jeff Hallem, Attorney General's Office
Dave Gerdes, SD Medical Assn.
Presented by:
Senator Kenneth Albers
MOTION:
AMEND SB 235
r-235
On page
1
,
line
13
,
after "
nature,
"
insert "
if the physical or mental condition of any person is in
issue,
"
.
On page
1
,
line
14
,
after "
waived
"
insert "
for the purpose of proving the commission of a
criminal offense or for the purpose of impeaching the testimony of the patient,
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Aker
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 235 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(6-1-0-0)
Voting yes:
Aker, Daugaard, Flowers, Valandra, Munson (David), Whiting
Voting no:
Dunn (Rebecca)
SB 174:
to revise the provisions concerning the procedure for filing a summons.
Opponents:
Tom Barnett, State Bar Association
Dennis Duncan, SD Collectors Assn.
Dave Gerdes, SD State Medical Assn.
Jason Harris, SD Trial Lawyers Assn.
Presented by:
Senator Kenneth Albers
MOTION:
AMEND SB 174
r-174
On page
1
,
line
6 of the printed bill
,
delete "
summons
,
"
and insert "
summons
"
.
On page
1
,
line
6
,
delete "
courts,
"
and insert "
courts
"
.
Moved by:
Senator Flowers
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 174 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 174 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Senator Flowers
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Dunn (Rebecca), Flowers, Munson (David), Whiting
Voting no:
Aker, Daugaard, Valandra
SB 211:
to assure payment of health benefits for injuries sustained by an insured
person operating a motor vehicle under the influence of alcohol or drugs.
Proponents:
Randy Moses, Division of Insurance
Opponents:
Darla Rogers, Health Insurance of America
Dennis Duncan, SD Collectors Assn.
Presented by:
Senator Bob Drake
MOTION:
AMEND SB 211
j-211b
On page
1
,
line
6 of the printed bill
,
after "
policy
"
insert "
or certificate
"
.
On page
1
,
line
9
,
delete "
, while operating a motor vehicle
"
.
On page
1
,
line
12
,
after "
policy
"
insert "
or certificate
"
.
On page
1
,
line
14
,
delete "
, while operating
"
and insert "
.
"
.
On page
1
,
delete line
15
.
On page
2
,
line
5
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
11
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
17
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
22
,
delete "
, while operating
"
and insert "
.
"
.
On page
2
,
delete line
23
,
and insert:
"Section 7. Nothing in this Act precludes a health insurer, hospital or medical service plan, a
health maintenance organization, or any self-funded plan from excluding coverage for an insured
for any sickness or injury caused in the commission of a felony."
Moved by:
Senator Aker
Second by:
Senator Valandra
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE PENDING AMENDMENT ON SB211
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
MOTION AMEND SB 211
j-211a
On page
1
,
line
6 of the printed bill
,
after "
policy
"
insert "
or certificate
"
.
On page
1
,
line
8
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
1
,
line
9
,
delete "
, while operating a motor vehicle
"
.
On page
1
,
line
12
,
after "
policy
"
insert "
or certificate
"
.
On page
1
,
line
13
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
1
,
line
14
,
delete "
, while operating
"
and insert "
.
"
.
On page
1
,
delete line
15
.
On page
2
,
line
4
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
5
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
10
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
11
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
16
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
17
,
delete "
, while operating a motor vehicle
"
.
On page
2
,
line
21
,
after "
person
"
insert "
who is less than twenty-one years of age
"
.
On page
2
,
line
22
,
delete "
, while operating
"
and insert "
.
"
.
On page
2
,
delete line
23
,
and insert:
"Section 7. Nothing in this Act precludes a health insurer, hospital or medical service plan, a
health maintenance organization, or any self-funded plan from excluding coverage for an insured
for any sickness or injury caused in the commission of a felony."
Moved by:
Senator Munson (David)
Second by:
Senator Flowers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 211 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-0-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David), Whiting
The gavel passed to Vice-chair Munson.
SB 267:
to increase the penalties for possession of drugs and drug paraphernalia
and for drug distribution and storage.
Presented by:
Jeff Fox, Governor's Office
MOTION:
AMEND SB 267
r-267
On page
2
,
line
22 of the printed bill
,
after "
.
"
insert "
However, if the only controlled drug or
substance being illegally stored or used therein is one-half pound or less of marijuana, the person
is guilty of a Class 1 misdemeanor.
"
.
Moved by:
Senator Valandra
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(6-0-1-0)
Voting yes:
Aker, Daugaard, Dunn (Rebecca), Flowers, Valandra, Munson (David)
Excused:
Whiting
MOTION:
DO PASS SB 267 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE SB 267
Moved by:
Senator Aker
Second by:
Senator Flowers
Action:
Failed by roll call vote.
(2-5-0-0)
Voting yes:
Flowers, Valandra
Voting no:
Aker, Daugaard, Dunn (Rebecca), Munson (David), Whiting
MOTION:
DO PASS SB 267 AS AMENDED
Moved by:
Senator Aker
Second by:
Senator Daugaard
Action:
Prevailed by roll call vote.
(4-3-0-0)
Voting yes:
Aker, Daugaard, Munson (David), Whiting
Voting no:
Dunn (Rebecca), Flowers, Valandra
The gavel passed to Chair Whiting.
SB 241:
to provide for a declaration of preferences and power of attorney for
mental health treatment decisions.
Proponents:
Robert Kean, SD Advocacy Services
Steve Lindquist, Dir. Of Mental Health
Donna Yocom, self
Presented by:
Senator Flowers
Comments by:
Kevin Ruetz, self
MOTION:
AMEND SB 241
t-241
On page
2
,
line
11 of the printed bill
,
delete "
or refusal
"
.
On page
2
,
line
12
,
delete "
of
"
.
On page
3
,
line
15
,
delete "
or refusal
"
.
On page
5
,
line
2
,
delete "
and
"
and insert "
or
"
.
On page
5
,
line
12
,
delete everything after "
action
"
.
On page
5
,
line
13
,
delete everything before "
.
"
.
On page
6
,
line
21
,
delete "
refuse or
"
.
On page
7
,
line
1
,
delete "
or withholding
"
.
On page
7
,
line
7
,
delete "
or withholding
"
.
On page
7
,
line
9
,
delete "
the following medications:
"
and insert "
psychotropic medications.
"
.
On page
7
,
delete lines
10
to
12
, inclusive
.
On page
7
,
line
13
,
delete "
Conditions and limitations
"
and insert "
Comments
"
.
On page
7
,
line
17
,
delete "
or withholding
"
.
On page
7
,
delete line
20
.
On page
7
,
line
21
,
delete "
Conditions and limitations
"
and insert "
Comments
"
.
On page
8
,
line
1
,
delete "
or withholding
"
.
On page
8
,
delete lines
5
and
6
.
On page
8
,
line
8
,
delete "
Conditions or limitations
"
and insert "
Comments
"
.
On page
8
,
line
17
,
delete "
or withholding
"
.
On page
11
,
line
1
,
delete "
or withhold
"
.
On page
11
,
after line
21
,
insert:
"
Section 19. That
§
27A-12-3.15
be amended to read as follows:
27A-12-3.15.
If the court finds by clear and convincing evidence that the person is incapable of
consenting to treatment with psychotropic medication because
his
the person's judgment is so
affected by
his
mental illness that
he
the person lacks the capacity to make a competent, voluntary
,
and knowing decision concerning the medication and the administration of the recommended
psychotropic medication is essential under the criteria in
§
27A-12-3.13, the court
may exercise a
substituted judgment on
may order the administration of psychotropic medication.
"
Moved by:
Senator Flowers
Second by:
Senator Valandra
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 241
q-241
On page
1
,
line
6
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
8
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
9
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
10
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
12
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
13
,
delete "
health
"
and insert "
illness
"
.
On page
1
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
3
,
after "
physicians,
"
insert "
one of whom is the treating psychiatrist, if any,
"
.
On page
2
,
line
4
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
9
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
delete line
12
,
and insert "
of mental illness treatment. A declaration for mental illness
treatment continues in effect for
"
.
On page
2
,
line
13
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
15
,
delete everything after "
until
"
and insert "
there is a subsequent determination
by the attending physician, treating psychiatrist, or the circuit court that the principal is capable of
giving informed consent.
"
.
On page
2
,
line
16
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
18
,
delete "
health
"
and insert "
illness
"
.
On page
2
,
line
20
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
2
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
4
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
8
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
11
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
12
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
18
,
delete "
health
"
and insert "
illness
"
.
On page
3
,
line
23
,
delete "
health
"
and insert "
illness
"
.
On page
4
,
line
8
,
delete "
health
"
and insert "
illness
"
.
On page
4
,
line
13
,
delete "
health
"
and insert "
illness
"
.
On page
4
,
line
23
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
1
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
1
,
delete "
committed to
"
and insert "
a patient of
"
.
On page
5
,
line
1
,
after "
pursuant to
"
insert "
Title 27A or
"
.
On page
5
,
line
6
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
10
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
15
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
22
,
delete "
health
"
and insert "
illness
"
.
On page
5
,
line
23
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
6
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
12
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
line
19
,
delete "
health
"
and insert "
illness
"
.
On page
6
,
delete line
22
,
and insert "
illness treatment. "Mental illness treatment" means
convulsive treatment, treatment of mental
"
.
On page
7
,
line
2
,
delete "
health
"
and insert "
illness
"
.
On page
7
,
line
7
,
delete "
health
"
and insert "
illness
"
.
On page
7
,
line
17
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
1
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
3
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
4
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
8
,
line
17
,
delete "
health
"
and insert "
illness
"
.
On page
9
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
9
,
line
12
,
after "
us,
"
insert "
that the principal has read the accompanying Notice to
Person Making a Declaration and Power of Attorney for Mental Illness Treatment or has had the
notice read and explained,
"
.
On page
9
,
line
14
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
5
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
7
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
16
,
delete "
HEALTH
"
and insert "
ILLNESS
"
.
On page
10
,
line
17
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
21
,
delete "
health
"
and insert "
illness
"
.
On page
10
,
line
23
,
after "
facility.
"
insert "
It is very important that you declare your instructions
carefully and review this document regularly.
"
.
On page
11
,
line
4
,
after "
incapable.
"
insert "
Preference shall be given to immediate family
members in the following order: spouse, parent, adult child, and sibling. It is important that your
attorney-in-fact be knowledgeable about mental illness issues and the decisions you have made.
"
.
On page
11
,
line
11
,
delete "
health
"
and insert "
illness
"
.
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 241 AS AMENDED
Moved by:
Senator Flowers
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(5-0-1-0)
Voting yes:
Daugaard, Dunn (Rebecca), Flowers, Munson (David), Whiting
Excused:
Aker
MOTION:
TO AMEND TITLE OF SB 241
q-241t
On page
1
,
line
2
,
delete "
health
"
and insert "
illness
"
.
Moved by:
Senator Flowers
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Munson (David)
Second by:
Senator Daugaard
Action:
Prevailed by voice vote.
Cindy Nickels
_________________________________
Committee Secretary
Fred Whiting, Chair
../02141000.SJU Page 1