74th Legislative Session -- 1999

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
E      Duniphan
P      Earley
P      Fitzgerald
E      Koehn
P      McIntyre
P      Michels
P      Nachtigal
P      Slaughter
P      Volesky
P      Wilson
P      Young
P      Hunt, Vice-Chair
P      Brown (Jarvis), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Jarvis Brown.

MOTION:      TO APPROVE THE MINUTES OF JANUARY 27, 1999.

Moved by:      Representative Slaughter
Second by:      Representative Earley
Action:      Prevailed by voice vote.

          SB 66:   prohibit passengers in the unenclosed cargo area of certain vehicles unless certain conditions are met.



MOTION:      REFER TO Transportation

Moved by:      Representative Michels
Second by:      Representative Earley
Action:      Prevailed by voice vote.

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          SB 31:   list Flunitrazepam and Gama Hydroxy Butyrate as Schedule III controlled substances.

Proponents:      Charles McGuigan, Office of Attorney General
          Dick Tieszen,Hoffman-LaRoche Services (Documents 1-3)
          Dennis Duncan, Pharmaceutical Manufacturers
          Joni Clark, SD Advocacy Network for Women
Opponents:      None

MOTION:      AMEND SB 31

r-31

     On page 2 , delete lines 4 and 5 of the printed bill , insert:

             " (12)    Gama hydroxy butyrate .

     Section 2. That § 34-20B-25 be amended by adding thereto a NEW SUBDIVISION to read as follows:

     Flunitrazepam.

     Section 3. That § 22-42-4 be amended to read as follows:

     22-42-4.   Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense, a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony. "

Moved by:      Representative Volesky
Second by:      Representative Michels
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 31 AS AMENDED

Moved by:      Representative Michels

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Second by:      Representative Young
Action:      Prevailed by roll call vote.   (11-0-2-0)

Voting yes:      Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Hunt, Brown (Jarvis)

Excused:      Duniphan, Koehn

MOTION:      TO AMEND TITLE OF SB 31

r-31t

     On page 1 , line 2 of the printed bill , delete " Schedule III " .

     On page 1 , line 2 , after " substances " insert " and to provide penalties therefor " .

Moved by:      Representative Volesky
Second by:      Representative Michels
Action:      Prevailed by voice vote.

          HB 1101:   authorize professional corporations comprised of health care professionals of more than one profession.

Proponents:      Jim Hood, Certified Nurse Anesthetists
          Barry Jones, self (Documents 4-5)
          Brett Koenecke, SD Nurses Association
Opponents:      Dave Gerdes, SD Medical Association

MOTION:      AMEND HB 1101

j-1101

     On page 2 , line 12 of the printed bill , delete " 47-34 " and insert " 47-34A " .

     On page 4 , line 8 , delete everything after " . " and insert " Each officer, director, shareholder, or employee is an agent of the professional corporation for the purpose of its business, and an act of such person, including the signing of an instrument in the corporation's name, for apparently carrying on in the ordinary course the corporation's business or business of the kind carried on by the corporation binds the corporation, unless the person had no authority to act for the corporation in the particular matter and the second party with whom the person was dealing knew or had notice that the person lacked authority. " .

     On page 4 , delete lines 9 and 10 .

Moved by:      Representative Hunt

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Second by:      Representative Earley
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1101 AS AMENDED

Moved by:      Representative Young
Second by:      Representative Fitzgerald
Action:      Prevailed by roll call vote.   (9-2-2-0)

Voting yes:      Earley, Fitzgerald, McIntyre, Nachtigal, Slaughter, Volesky, Young, Hunt, Brown (Jarvis)

Voting no:      Michels, Wilson

Excused:      Duniphan, Koehn

          HB 1109:   provide, by a single procedure, for the amendment and restatement of the articles of incorporation of certain nonprofit corporations.

Proponents:      Representative Willard Pummel
Opponents:      None
Presented by:      Representative Willard Pummel

MOTION:      DO PASS HB 1109

Moved by:      Representative Michels
Second by:      Representative Young
Action:      Prevailed by roll call vote.   (9-1-3-0)

Voting yes:      Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Wilson, Young, Brown (Jarvis)

Voting no:      Volesky

Excused:      Duniphan, Koehn, Hunt

          SB 19:   revise certain provisions concerning clemency applications.

Proponents:      Laurie Feiler, Department of Corrections
Opponents:      None

MOTION:      DO PASS SB 19

Moved by:      Representative Fitzgerald
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (10-0-3-0)

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Voting yes:      Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Duniphan, Koehn, Hunt

MOTION:      PLACE SB 19 ON CONSENT

Moved by:      Representative Young
Second by:      Representative Earley
Action:      Prevailed by voice vote.

          SB 20:   provide for court-ordered restitution at the time a defendant is sentenced to the state penitentiary.

Proponents:      Jeff Bloomberg, Secretary, Department of Corrections
Opponents:      None

MOTION:      DO PASS SB 20

Moved by:      Representative Michels
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (10-0-3-0)

Voting yes:      Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Duniphan, Koehn, Hunt

MOTION:      PLACE SB 20 ON CONSENT

Moved by:      Representative Fitzgerald
Second by:      Representative Young
Action:      Prevailed by voice vote.

          SB 21:   specify the responsible party for inmate transportation to court-ordered hearings.

Proponents:      Jeff Bloomberg, Secretary, Department of Corrections
Opponents:      None

MOTION:      DO PASS SB 21

Moved by:      Representative Fitzgerald
Second by:      Representative Michels
Action:      Prevailed by roll call vote.   (10-0-3-0)

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Voting yes:      Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Duniphan, Koehn, Hunt

MOTION:      PLACE SB 21 ON CONSENT

Moved by:      Representative Fitzgerald
Second by:      Representative McIntyre
Action:      Prevailed by voice vote.

          SB 30:   extend certain rights to victims of stalking.

Proponents:      Charles McGuigan, Office of Attorney General
          Joni Clark, SD Advocacy Network for Women
          Chuck Schroyer, State's Attorneys Association
Opponents:      None

MOTION:      DO PASS SB 30

Moved by:      Representative Fitzgerald
Second by:      Representative Volesky
Action:      Prevailed by roll call vote.   (10-0-3-0)

Voting yes:      Earley, Fitzgerald, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Duniphan, Koehn, Hunt

MOTION:      PLACE SB 30 ON CONSENT

Moved by:      Representative Young
Second by:      Representative Wilson
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

Moved by:      Representative Earley
Second by:      Representative McIntyre
Action:      Prevailed by voice vote.

Elizabeth L. Markley

Committee Secretary