(1)
Hear and determine claims for compensation as provided in
§
§
23A-28B-29 and
23A-28B-32;
(2)
Promulgate rules, pursuant to chapter 1-26, governing conduct of hearings before the
commission;
(3)
Assist the department in publicizing the availability of and procedures for obtaining
compensation pursuant to the provisions of this chapter; and
(4)
Assist the department in developing, implementing and evaluating effective crime victim
compensation policies and procedures.
Section
2.
That
§
23A-28B-28
be amended to read as follows:
23A-28B-28.
The department shall receive, review and investigate, any application for victims'
compensation which has been properly filed. Following such review and investigation
, and based
upon the amount of the claim,
the department shall issue
either a recommendation to the commission
pursuant to
§
23A-28B-29 or
an order pursuant to
§
23A-28B-31. The department shall file any such
recommendation or
order with the commission and shall serve notice of such by mailing a copy to
the claimant.
Section
3.
That
§
23A-28B-29
be repealed.
23A-28B-29.
In any case in which a claim exceeds two thousand dollars, the department shall
issue a written recommendation to the commission regarding compensability of the claim. The
commission shall hold a hearing on the claim upon at least thirty days notice to the claimant and any
other interested persons. The commission shall consider the recommendation of the department and
any objections to the recommendation by the claimant. In addition, the commission may subpoena
persons or documents, administer oaths or affirmations and receive any additional relevant evidence
which the commission deems necessary to decide the compensability of the claim. Based upon
evidence presented at the hearing, the commission may adopt, modify or reject the recommendation
of the department. A record of all proceedings at the hearing shall be kept. Any hearing held
pursuant to this section may not be deemed a contested case hearing and the provisions of
§
§
1-26-16
to 1-26-37, inclusive, governing contested cases and appeals therefrom do not apply. However, the
commission shall adopt procedural rules pursuant to chapter 1-26 governing hearings held pursuant
to this section.
Section
4.
That
§
23A-28B-31
be amended to read as follows:
23A-28B-31.
In any case in which a compensation claim is for two thousand dollars or less, the
The
department
may
shall
enter an order which shall include:
(2)
The amount of compensation, if any, payable under the provisions of this chapter;
(3)
The name of any person to whom such compensation is payable;
(4)
A notice that the claimant may request commission review of the order in accordance with
§
23A-28B-32; and
(5)
Any other information which the department deems necessary.
Section
5.
That
§
23A-28B-32
be amended to read as follows:
23A-28B-32.
If a claimant disagrees with an order entered by the department, the claimant,
within fifteen days from the date of service of the order, may request a review of the claim by the
commission. A request for review shall be in writing in a form prescribed by the commission. Upon
receipt of a request for review, the commission shall treat the department order as a recommendation
by the department and shall hold a hearing to decide the claim
in the same manner as provided in
§
23A-28B-29
.
The hearing shall be held upon at least thirty days notice to the claimant and any
other interested persons. The commission shall consider the order of the department and any
objections to the order by the claimant. In addition, the commission may subpoena persons or
documents, administer oaths or affirmations and receive any additional relevant evidence which the
commission deems necessary to decide the compensability of the claim. Based upon evidence
presented at the hearing, the commission may adopt, modify, or reject the order of the department.
A record of all proceedings at the hearing shall be kept. Any hearing held pursuant to this section
may not be deemed a contested case hearing and the provisions of
§
§
1-26-16 to 1-26-37, inclusive,
governing contested cases and appeals therefrom do not apply. However, the commission shall adopt
procedural rules pursuant to chapter 1-26 governing hearings held pursuant to this section.
If no
request for review is received within fifteen days, the department order shall become final with no
further action by the commission and compensation shall be paid in accordance therewith.
Section
6.
That chapter 23A-28B be amended by adding thereto a NEW SECTION to read as
follows:
Upon request of the claimant and subject to the limitations set forth in this chapter, including
any rules promulgated pursuant to
§
23A-28B-20, the department may amend an order entered by
the commission pursuant to
§
23A-28B-32. However, such amendments may not exceed five percent
of the total amount authorized by the commission. The department may not award compensation for
the claim if the commission denied compensation.
"
Moved by:
Representative Moore
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1026 AS AMENDED
Moved by:
Representative Matthews
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Solum, Collier,
Gleason, Moore, Volesky
Voting no:
de Hueck
Excused:
Rost
HB 1064:
to revise certain statutes relating to the authority of the Supreme Court
to provide for accounting systems for the accountability of fiduciary funds.
Opponents:
Dennis Hanson, County Commissioners
MOTION:
DO PASS HB 1064
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Moore
Action:
Prevailed by roll call vote.
(13-0-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Rost,
Solum, Collier, Gleason, Moore, Volesky
HB 1037:
to grant and modify the inspection powers of the Board of Nursing and
the Board of Medical and Osteopathic Examiners.
MOTION:
Chairman Hunt deferred HB 1037 until January 26, 1998
Moved by:
None
Second by:
None
Action:
Died for a lack of a second
HB 1071:
to revise certain provisions concerning the availability of circuit judges
in county seats.
Proponents:
Mike Buenger, Unified Judicial System
Opponents:
Chuck Schroyer, SD States Attorney
Dennis Hanson, County Commissioners
Presented by:
Representativie Hunt (Handout 3)
MOTION:
DO PASS HB 1071
Moved by:
Representative Collier
Second by:
Representative Gleason
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Matthews, Rost, Solum, Collier,
Gleason, Moore, Volesky
Voting no:
Fitzgerald
HB 1063:
to allow dissemination of information on certain juveniles to persons or
agencies having a legitimate interest pursuant to a general or specific court order.
Proponents:
Mike Buenger, Unified Judicial System
Presented by:
Mike Buenger, Unified Judicial System
MOTION:
DEFER HB 1063 UNTIL another day
Moved by:
Representative Duniphan
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
HB 1065:
to revise the penalties for certain felony convictions.
DEFER HB 1065 UNTIL THE 36TH LEGISLATIVE DAY
Voting yes:
Hunt, Brown (Jarvis), de Hueck, Fitzgerald, Solum, Collier, Gleason, Moore,
Volesky
Voting no:
Hagg, Duniphan, Matthews, Rost
MOTION:
ADJOURN
Moved by:
Representative Duniphan
Second by:
Representative de Hueck
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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