74th Legislative Session -- 1999

Committee: Senate Commerce

Tuesday, January 19, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Lawler
P      Olson
E      Paisley
P      Valandra
P      Whiting
P      Daugaard, Vice-Chair
P      Shoener, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Shoener


MOTION:      TO APPROVE THE MINUTES OF PREVIOUS MEETING

Moved by:      Senator Lawler
Second by:      Senator Olson
Action:      Prevailed by voice vote.

          SB 49:   repeal the subsequent injury fund.

Proponents:      Ron Wheeler, Commissioner GOED
          Chuck Schroyer, ALA
          Jeremiah Murphy, Avera Health, John Morrell
          Larry Mann, Homestake Mining Co.
          David Owen, SD Chamber of Commerce
          Darla Lyon, Commerc
Opponents:      Representative Gil Koetzel
          Paul Aylward, AFSCME

MOTION:      AMEND SB 49

j-49

     On page 2 , delete lines 9 to 21 of the printed bill , inclusive , and insert:

"      Section 2. That § 62-4-34 be amended to read as follows:



     62-4-34.   If an employee who has previously sustained an injury, or suffers from a preexisting condition, receives a subsequent compensable injury resulting in additional permanent partial or permanent total disability so that the degree or percentage of disability caused by the combination of the subsequent injury and the preexisting injury or condition is substantially greater than that which resulted from the last injury, considered alone, and if the employee is entitled to receive compensation on the basis of the combined disabilities, the employer shall pay all medical and hospital expenses and compensation provided by this title. The employer shall be reimbursed from the "subsequent injury fund" for two-thirds of all compensation, medical and hospital expenses paid to or on behalf of the injured employee due to the subsequent injury. If the subsequent compensable injury of the employee results in the death of the employee and it has been determined that the death would not have occurred except for the preexisting disability, the employer shall pay all compensation provided by this title. "


Moved by:      Senator Olson
Second by:      Senator Valandra
Action:      Failed by roll call vote.   (3-3-1-0)

Voting yes:      Lawler, Olson, Valandra

Voting no:      Whiting, Daugaard, Shoener

Excused:      Paisley

MOTION:      DEFER SB 49 UNTIL another day

Moved by:      Senator Lawler
Second by:      None
Action:      Died for a lack of a second

MOTION:      DO PASS SB 49

Moved by:      Senator Whiting
Second by:      Senator Daugaard
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 49 UNTIL Thursday, January 21, 1999

Moved by:      Senator Lawler
Second by:      Senator Whiting
Action:      Prevailed by voice vote.

          SB 47:   revise the renewal fees for physicians, physician assistants, physical therapists, physical therapist assistants, medical corporations, and physician assistant corporations.

Proponents:      Dean Krogman, SDSMA

MOTION:      DO PASS SB 47

Moved by:      Senator Valandra
Second by:      Senator Olson
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Lawler, Olson, Valandra, Whiting, Daugaard, Shoener

Excused:      Paisley

          SB 46:   revise certain requirements for membership and payment of fees to the South Dakota Pharmacy Association, to transfer certain fees to the South Dakota Board of Pharmacy, and to increase a penalty.

Proponents:      Dennis Jones, Executive Secretary, Board of Pharmacy
          David Volk, Secretary Commerce

MOTION:      DEFER SB 46 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Olson
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Lawler, Olson, Valandra, Whiting, Daugaard, Shoener

Excused:      Paisley

MOTION:      SUBSTITUTE MOTION DEFER SB 46 UNTIL Thursday, January 21, 1999

Moved by:      Senator Whiting
Second by:      None
Action:      Died for a lack of a second

MOTION:      ADJOURN

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



Doris J.Donner

_________________________________

Committee Secretary
Jerry J. Shoener, Chair


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