73rd Legislative Session -- 1998

Committee: Senate Judiciary

                                            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.

MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 18, 1998

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          HB 1288:   to increase the fee for preparing a garnishment disclosure.

Proponents:      Christie Johnson, School Administrators of SD
          Ron Olinger, SD Retailers Association
Opponents:      Dean Krogman, SD Bill Collectors Association

MOTION:      DO PASS HB 1288

Moved by:      Senator Munson (David)
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (4-1-0-2)

Voting yes:      Aker, Daugaard, Munson (David), Whiting

Voting no:      Flowers

Absent:      Dunn (Rebecca), Valandra

          HB 1322:   to revise certain provisions pertaining to managed care for certain injured employees under workers' compensation.

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Opponents:      James Marsh, Department of Labor
          Darla Lyon, Department of Commerce and Regulation
          Mike Shaw, National Association of Independent Insurers
          Eric Blomfelt, Risk Administrators Services (Document A)
          Chuck Schroyer, American Insurance Association
R. Van Johnson, SD Trucking Association
Presented by:      Representative Rex Hagg

MOTION:      AMEND HB 1322

r-1322a

     On page 1 , line 7 of the House engrossed bill , delete " where the injured worker was injured " .

Moved by:      Senator Aker
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1322

r-1322b

     On page 1 , line 7 of the House engrossed bill , after " . " insert " Any contract provided for in this section is subject to the approval of the Department of Labor. " .

Moved by:      Senator Dunn (Rebecca)
Second by:      Senator Valandra
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1322 AS AMENDED

Moved by:      Senator Dunn (Rebecca)
Second by:      Senator Valandra
Action:      Failed by roll call vote.   (3-4-0-0)

Voting yes:      Dunn (Rebecca), Valandra, Whiting

Voting no:      Aker, Daugaard, Flowers, Munson (David)

MOTION:      RECONSIDER THE VOTE BY WHICH HB 1322 LOST

Moved by:      Senator Daugaard
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1322 UNTIL MONDAY, FEBRUARY 23, 1998.
Moved by: Senator Daugaard
Second by:      Senator Dunn (Rebecca)

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Action:      Prevailed by voice vote.

          HB 1306:   to revise reunification of a parent and child if a child has been removed from a home and to revise termination of parental rights.

Proponents:      Judy Hines, Department of Social Services
Presented by:      Senator Dennis Daugaard

MOTION:      DO PASS HB 1306

Moved by:      Senator Daugaard
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

          HB 1316:   to revise certain provisions related to drug free zones around schools and certain other youth-oriented facilities.

Proponents:      Karon Schaack, Department of Education and Cultural Affairs
          Jan Nicolay, Sioux Falls School District
          Bill Mickelson, SD Highway Patrol
          Brent Wilbur, Office of the Governor
          John Jones, Department of Human
Christie Johnson, School Administrators of SD
Hank Kosters, Associated School Boards of SD

MOTION:      DO PASS HB 1316

Moved by:      Senator Daugaard
Second by:      Senator Aker
Action:      Prevailed by roll call vote.   (5-0-0-2)

Voting yes:      Aker, Daugaard, Flowers, Valandra, Munson (David)

Absent:      Dunn (Rebecca), Whiting

MOTION:      ADJOURN

Moved by:      Senator Aker
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

Mary Lloyd

Committee Secretary