74th Legislative Session -- 1999

Committee: Senate Judiciary

Wednesday, February 17, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dunn (Rebecca)
P      Everist
P      Flowers
P      Moore
P      Munson (David)
P      Daugaard, Vice-Chair
P      Whiting, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Daugaard


MOTION:      TO APPROVE THE MINUTES OF February 12, 1999

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

          SB 125:   permit the use of home detention programs for certain nonviolent offenders.

Proponents:      Gary Harris, self
Opponents:      Jeff Bloomberg, Department of Corrections
Presented by:      Senator Kloucek

MOTION:      DEFER SB 125 UNTIL THE 41ST LEGISLATIVE DAY

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

MOTION:      SUBSTITUTE MOTION DO PASS SB 125

Moved by:      Senator Flowers


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

Voting yes:      Dunn (Rebecca), Flowers, Moore

Voting no:      Everist, Munson (David), Daugaard, Whiting

MOTION:      DEFER SB 125 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Everist
Second by:      Senator Daugaard
Action:      Prevailed by roll call vote.   (4-3-0-0)

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

Voting no:      Dunn (Rebecca), Flowers, Moore

          SB 62:   limit the liability of state and local government agencies and their employees for year 2000 litigation.

Presented by:      Otto Doll, SD Bureau of Information and Telecommunications

MOTION:      TO TABLE SB 62

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

Voting yes:      Dunn (Rebecca), Flowers, Moore, Munson (David), Daugaard, Whiting

Excused:      Everist

          SB 63:   provide for the use and acceptance of electronic signatures.

Opponents:      Tom Adam, SD Banker's Association
          Tom Barnett, State Bar
          Rich Sattgast, SDACO
          Bob Frieburg, SD Trial Lawyers
Presented by:      Otto Doll, SD Bureau of Information and Telecommunication

MOTION:      DEFER SB 63 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Flowers
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting

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

Presented by:      Representative Pummel

MOTION:      DO PASS HB 1109

Moved by:      Senator Daugaard
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (7-0-0-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore, Munson (David), Daugaard, Whiting

MOTION:      PLACE HB 1109 ON CONSENT

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

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

Proponents:      Jim Hood, SD Chiropractor's Assoc.
          Barry Jones, self
          Paul Knecht, SDDA
          Brett Koeneche, SD Nurse's Association
Opponents:      Dave Gerdes, SDSMA
Presented by:      Representative Hunt

MOTION:      AMEND HB 1101

d-1101

     On page 1 , line 8 of the House Judiciary committee engrossed bill , delete " Only " and insert " Except for health care professionals licensed pursuant to chapter 36-6A, other " .


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

MOTION:      AMEND HB 1101

r-1101

     That the previously adopted amendment (d-1101), be amended by deleting "chapter" and inserting "chapters 36-4 and".


Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Was not acted on.

The Chair deferred HB 1101 until February 19, 1999.

MOTION:      ADJOURN

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



Carol A. Glass

_________________________________

Committee Secretary
Fred Whiting, Chair


../02171000.SJU    Page 1