73rd Legislative Session -- 1998
Committee: House Judiciary
Tuesday, February 17, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Hunt, Chair
P
Hagg, Vice-Chair
P
Brown (Jarvis)
P
de Hueck
P
Duniphan
P
Fitzgerald
P
Matthews
P
Rost
P
Solum
P
Collier
P
Gleason
P
Moore
P
Volesky
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Hunt
MOTION:
To defer action on SB 113 to February 20, 1998
Moved by:
Representative Solum
Second by:
Representative Hagg
Action:
Prevailed by voice vote.
MOTION:
TO APPROVE THE MINUTES OF February 14, 1998
Moved by:
Representative Gleason
Second by:
Representative Rost
Action:
Prevailed by voice vote.
SB 207:
to repeal the subsequent injury fund and to provide for the administration
and reimbursement of any remaining funds.
Proponents:
Darla Lyon, Director for Division of Insurance
Ron Wheeler, GOED
Jeremiah Murphy, PHS and John Morrel
Presented by:
Representative Gordon Pederson
MOTION:
AMEND SB 207
j-207
On page
1
,
line
7 of the printed bill
,
delete "
all the funds are exhausted.
"
and insert "
approved,
denied, or settled. Claims for reimbursement from the subsequent injury fund must be filed by
June 30, 1998. Only those claims timely filed with the division by June 30, 1998, pursuant to the
requirements set forth in
§
62-4-34.1 in effect prior to July 1, 1998, and completed by October 1,
1998, pursuant to the requirements set forth in
§
62-4-34.4 in effect prior to July 1, 1998, shall be
eligible for reimbursement from the subsequent injury fund. All claims timely filed by June 30,
1998, and completed by October 1, 1998, as set forth in this section, shall be approved or denied by
the division pursuant to the requirements of
§
§
62-4-34 to 62-4-36.3, inclusive, in effect prior to
July 1, 1998. The division shall continue to make any necessary assessments pursuant to the
requirements set forth in
§
62-4-35 in effect prior to July 1, 1998, until all eligible claims completed
as set forth in this section that are approved by the division or determined by the court to be eligible
for reimbursement are paid, and until all matters in litigation concerning the subsequent injury fund
are resolved. Claims in matters being litigated concerning the subsequent injury fund are not eligible
for interest or costs. Any remaining balance in the fund after all obligations of the fund have been
satisfied shall be deposited in the general fund.
"
.
On page
1
,
delete lines
8
and
9
.
Moved by:
Representative Rost
Second by:
Representative Matthews
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 207 AS AMENDED
Moved by:
Representative Solum
Second by:
Representative Matthews
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Hunt, Brown (Jarvis), Fitzgerald, Matthews, Rost, Solum, Moore, Volesky
Voting no:
Hagg, de Hueck, Collier, Gleason
Excused:
Duniphan
MOTION:
SUBSTITUTE MOTION DEFER SB 207 UNTIL February 20, 1998
Moved by:
Representative Hagg
Second by:
Representative de Hueck
Action:
Failed by voice vote.
SB 134:
to permit the Division of Criminal Investigation to process national
criminal history checks on applicants for employment with and licensing by the
Sisseton-Wahpeton Sioux Tribe.
Proponents:
Charlie McGuigan, Attorney General's Office
Presented by:
Senator Halverson
MOTION:
DO PASS SB 134
Moved by:
Representative Brown (Jarvis)
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), Duniphan, Fitzgerald, Matthews, Solum, Gleason,
Moore, Volesky
Voting no:
de Hueck, Rost, Collier
SB 138:
to revise the circumstances permitting warrantless arrests.
Proponents:
Charlie McGuigan, Attorney General's Office
RoAnn Redlin, SD Coalition Against Domestic Violence
Presented by:
Senator Vitter
MOTION:
AMEND SB 138
r-138
On page
2
,
line
1 of the Senate Judiciary committee engrossed bill
,
remove the overstrikes from
"
eighteen
"
.
On page
2
,
line
1
,
delete "
twenty
"
.
Moved by:
Representative Collier
Second by:
Representative Moore
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 138 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Hunt, Hagg, Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Rost, Moore,
Volesky
Voting no:
Matthews, Solum, Collier, Gleason
MOTION:
SUBSTITUTE MOTION DEFER SB 138 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Matthews
Second by:
None
Action:
Died for a lack of a second
SB 141:
to allow any person with the authorization of law enforcement or the
Department of Social Services to take photographs, videotapes, or electronic
images of a child if abuse or neglect is suspected.
Proponents:
Judy Hines, Department of Social Services
Dave Hewett, SD Assoc. Of Health care Org.
Presented by:
Senator Daugaard
MOTION:
AMEND SB 141
r-141a
On page
1
,
line
6 of the Senate engrossed bill
,
delete "
who is required to make a report or
"
.
On page
2
,
line
1
,
after "
prosecution
"
insert "
or civil action
"
.
On page
2
,
line
2
,
delete "
four
"
and insert "
three
"
.
Moved by:
Representative de Hueck
Second by:
Representative Collier
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 141
r-141b
On page
1
,
line
9 of the Senate engrossed bill
,
after "
require
"
insert "
, after notice to a parent,
"
.
Moved by:
Representative Hagg
Second by:
Representative Fitzgerald
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 141 AS AMENDED
Moved by:
Representative de Hueck
Second by:
Representative Rost
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
SB 75:
to require that school officials be notified of certain student alcohol
violations.
Presented by:
Senator Drake
MOTION:
AMEND SB 75
r-75a
On page
1
,
line
8 of the Senate Judiciary committee engrossed bill
,
overstrike "
involving alcohol
or illegal
"
.
On page
1
,
line
9
,
overstrike "
drugs
"
.
On page
1
,
line
15
,
delete "
involving alcohol or illegal drugs
"
.
On page
2
,
line
2
,
after "
petition
"
insert "
, summons, or complaint
"
.
Moved by:
Representative Moore
Second by:
Representative Gleason
Action:
Failed by voice vote.
MOTION:
DEFER SB 75 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Collier
Second by:
Representative Volesky
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Hunt, Hagg, Rost, Collier, Gleason, Moore, Volesky
Voting no:
Brown (Jarvis), de Hueck, Duniphan, Fitzgerald, Matthews, Solum
SB 139:
to clarify the scope and composition of peer review committees entitled
to limited good faith immunity from civil liability for committee actions.
Proponents:
Dave Gerdes,SDSMA
Dave Hewett, SD Assoc. Of Health Care Org.
Presented by:
Senator Olson
MOTION:
AMEND SB 139
r-139a
On page
1
,
line
7 of the Senate Judiciary committee engrossed bill
,
after "
is
"
insert "
one or more
persons acting as
"
.
On page
1
,
line
9
,
delete "
wholly
"
.
On page
1
,
line
13
,
after "
activity.
"
insert "
For the purposes of this Act, a peer review committee
is also one or more persons acting as an administrative or medical committee, department, section,
board of directors, shareholder or corporate member, or audit group, including the medical audit
committee, of a licensed health care facility.
"
.
On page
2
,
line
2
,
delete "
take
"
and insert "
recommend
"
.
On page
2
,
line
10
,
after "
a
"
insert "
licensed
"
.
On page
2
,
line
10
,
delete "
or agency
"
.
On page
2
,
line
12
,
delete "
health care facility or agency,
"
.
On page
2
,
line
18
,
after "
Review
"
insert "
and evaluation
"
.
On page
2
,
line
18
,
after "
qualifications,
"
insert "
competency, character, experience,
"
.
On page
2
,
line
20
,
after "
quality
"
insert "
, type, or necessity
"
.
On page
3
,
line
1
,
delete "
solely
"
.
On page
3
,
after line
17
,
insert:
"
Section 4. That
§
36-4-26.1
be amended to read as follows:
36-4-26.1.
The proceedings, records, reports, statements, minutes
,
or any other data whatsoever,
of any committee described in
§
36-4-25, or any administrative or medical committee, department,
section, board of directors or audit group, including the medical audit committee, of a hospital
licensed pursuant to the provisions of chapter 34-12
section 1 of this Act
, relating to the quality,
type
,
or necessity of care rendered by a member of a hospital medical staff or by hospital personnel,
or acquired in the evaluation of the competency, character, experience or performance of a physician,
dentist or allied health professional seeking admission or reappointment to the medical staff of a
hospital,
shall
are
not
be
subject to discovery or disclosure under chapter 15-6 or any other provision
of law, and
shall
are
not
be
admissible as evidence in any action of any kind in any court or
arbitration forum, except as hereinafter provided. No person in attendance at any meeting of any
such
committee
, department, section, board of directors or audit group,
described in section 1 of this
Act
shall be required to testify as to what transpired at such meeting. The prohibition relating to
discovery of evidence
shall
does
not apply to deny a physician access to or use of information upon
which a decision regarding
his
the person's
staff privileges
or employment
was based. The
prohibition relating to discovery of evidence
shall
does
not apply to deny any person or
his
the
person's
counsel in the defense of an action against
him
that person
access to the materials covered
under this section.
"
Moved by:
Representative Hagg
Second by:
Representative Duniphan
Action:
Prevailed by voice vote.
Chairman Hunt deferred SB 139 UNTIL February 18,1998
MOTION:
ADJOURN
Moved by:
Representative Collier
Second by:
Representative Solum
Action:
Prevailed by voice vote.
Toni Williams
_________________________________
Committee Secretary
Roger W. Hunt, Chair
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