74th Legislative Session -- 1999

Committee: House Judiciary

                                            P - Present
                                            E - Excused
                                            A - Absent

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


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Vice-Chairman Roger Hunt.

MOTION:      TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 10, 1999.

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

          SB 80:   clarify certain provisions relating to the disposition of certain controlled weapons or firearms.

Proponents:      Representative Tom Hennies

Opponents:      None
Presented by:      Representative Tom Hennies

MOTION:      DO PASS SB 80

Moved by:      Representative Duniphan
Second by:      Representative Young

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Action:      Prevailed by roll call vote.   (9-0-4-0)

Voting yes:      Duniphan, Earley, Fitzgerald, McIntyre, Nachtigal, Slaughter, Wilson, Young, Hunt

Excused:      Koehn, Michels, Volesky, Brown (Jarvis)

MOTION:      PLACE SB 80 ON CONSENT

Moved by:      Representative Duniphan
Second by:      Representative McIntyre
Action:      Was not acted on.

          HB 1301:   limit the liability resulting from the manufacture, distribution, and retail sale of firearms.

Proponents:      Representative Dana Windhorst
Opponents:      None
Presented by:      Representative Dana Windhorst

MOTION:      AMEND HB 1301

r-1301d

     That all previous committee amendments be rescinded.

     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. The Legislature finds that the unlawful use of firearms, rather than their lawful manufacture, distribution, or sale, is the proximate cause of any injury arising from their unlawful use.

     Section 2. No firearm manufacturer, distributor, or seller who lawfully manufactures, distributes, or sells a firearm is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of such firearm by another.

     Section 3. No association of persons who hold licenses under Section 923 of Chapter 44 of Title 18, United States Code, is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of such association.

     Section 4. The provisions of this Act do not apply to actions for breach of contract, or expressed or implied warranties, or for injuries resulting from a firearm malfunction due to defects in design or manufacture. The provisions of this Act do not apply to actions arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion.

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     For purposes of this section, the potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. A firearm may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged. "

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

MOTION:      AMEND HB 1301

r-1301e

     In amendment r-1301d, delete the first sentence in section 4 and insert "The provisions of this Act do not apply to actions for deceit, breach of contract, or expressed or implied warranties, or for injuries resulting from defects or negligence in design or manufacture."

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

MOTION:      DO PASS HB 1301 AS AMENDED

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

Voting yes:      Duniphan, Earley, Fitzgerald, Koehn, Michels, Nachtigal, Slaughter, Volesky, Young

Voting no:      McIntyre, Wilson, Hunt

Excused:      Brown (Jarvis)

MOTION:      TO AMEND TITLE OF HB 1301

R-1301t

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

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

          SB 126:   provide for the confidentiality of certain ambulance patient information.

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Proponents:      Tom Hopper, self
          Senator Jim Lawler
        John Stahl, self    
          Jim Hood, SD Municipal League
          Larry Goldsmith, self
          Angela Ehlers, self
          Kandace Kritz, self
          Maynard Konechne, self
          Roxanne Varns, self
          Kevin Forsch, SD Department of Health

Opponents:      Dave Bordewyk, SD Newspaper Association
          Cindy Eikamp, Aberdeen American News
          Noel Hamil, Mitchell Daily Republic
Presented by:      Senator Jim Lawler

MOTION:      AMEND SB 126

r-126a

     On page 1 , line 6 of the Senate Judiciary committee engrossed bill , after " information " insert " identifying the patient's name, address, diagnosis, or treatment " .

     On page 1 , line 8 , after " disclosed " insert " without authorization from the patient or the patient's designee " .

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

MOTION:      DO PASS SB 126 AS AMENDED

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

Voting yes:      Duniphan, Earley, Fitzgerald, Koehn, Michels, Slaughter, Volesky, Wilson, Hunt

Voting no:      McIntyre, Young

Excused:      Nachtigal, Brown (Jarvis)

          SB 79:   revise the liability for misdemeanor violations of certain provisions concerning the illegal sale or distribution of tobacco products.

Proponents:      Senator Ken Albers
Opponents:      None

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Presented by:      Senator Ken Albers

MOTION:      DO PASS SB 79

Moved by:      Representative Volesky
Second by:      Representative Slaughter
Action:      Prevailed by roll call vote.   (12-0-1-0)

Voting yes:      Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Volesky, Wilson, Young, Hunt

Excused:      Brown (Jarvis)

          SB 15:   exempt inmate matters from certain contested case, rule making, and declaratory ruling processes.

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

MOTION:      DO PASS SB 15

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

Voting yes:      Duniphan, Earley, Fitzgerald, Michels, Slaughter, Volesky, Wilson, Young, Hunt

Voting no:      Koehn, McIntyre, Nachtigal

Excused:      Brown (Jarvis)

MOTION:      ADJOURN

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

Elizabeth L. Markley

Committee Secretary