75th Legislative Session -- 2000

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
P      Brown (Jarvis), Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Brown

MOTION:      TO APPROVE THE MINUTES OF

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

MOTION:      TO APPROVE THE MINUTES OF prior meeting

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

          HB 1007:   revise certain provisions related to liability for trespass by certain animals.

Presented by:      Rep Willard Pummel

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MOTION:      TO TABLE HB 1007

Moved by:      Representative Michels
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (11-1-1-0)

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

Voting no:      Nachtigal

Excused:      Koehn

          HB 1077:   revise the requirements for maintaining an owner-occupied single-family dwelling classification.

Presented by:      Rep Bill Napoli

MOTION:      DO PASS HB 1077

Moved by:      Representative McIntyre
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (13-0-0-0)

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

MOTION:      PLACE HB 1077 ON CONSENT

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

          HB 1063:   establish the crime of second degree vehicular battery and to provide penalties therefor.

Presented by:      Rep Tom Hennies
Proponents:      Chuck Schroyer, SD States Attorneys Association

MOTION:      DO PASS HB 1063

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

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

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Voting no:      Koehn, McIntyre, Wilson

          HB 1064:   revise certain provisions relating to the procurement, collection, filing, and analysis of biological specimens from persons convicted of crimes of violence.

Presented by:      Rep Tom Hennies
Proponents:      Charlie McGuigan, SD Attorney General office
Opponents:      Rep Mike Koehn

MOTION:      AMEND HB 1064

1064rc

     On page 2 , between lines 12 and 13 of the printed bill , insert " The Office of the Attorney General shall promulgate rules, pursuant to chapter 1-26, to identify the types of biological specimens which, based on evidentiary value, may be procured and the procedures by which the biological specimens may be procured. " .

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

MOTION:      AMEND HB 1064

1064rb

     On page 1 , line 11 of the printed bill , before " crime " insert " sex crime pursuant to chapter 22-22 or a " .

     On page 1 , line 15 , overstrike " the conviction " and insert " attaining custody " .

     On page 1 , line 16 , before " crime " insert " conviction of a " .

     On page 1 , line 16 , after " 22-1-2 " insert " or a conviction of a sex crime pursuant to chapter 22- 22 " .

     On page 2 , line 3 , after " filing. " insert " If the court does not sentence a person convicted of a sex crime pursuant to chapter 22-22 or a person convicted of a crime of violence as defined in § 22-1-2 to the Department of Corrections, the court shall order the convicted person to immediately report to a law enforcement agency for the collection of a biological specimen for genetic grouping analysis. " .

Moved by:      Representative Michels
Second by:      Representative Duniphan

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Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1064 AS AMENDED

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

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

Voting no:      Koehn, Nachtigal

          HB 1066:   criminalize the possession of certain contraband in juvenile correctional facilities and the delivery of certain contraband to juvenile correctional facilities.

Presented by:      Rep Tom Hennies

MOTION:      DO PASS HB 1066

Moved by:      Representative Duniphan
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (10-1-2-0)

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

Voting no:      Koehn

Excused:      Michels, Hunt

          HB 1067:   extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

Presented by:      Rep Tom Hennies
Proponents:      Chuck Schroyer, SD States Attorney Association
Opponents:      Bill Mickelson, SD Highway Patrol

MOTION:      AMEND HB 1067

1067ra

     On page 1 , line 6 of the printed bill , delete " ten " and insert " seven " .

     On page 1 , line 12 , delete " ten " and insert " seven " .

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

Voting yes:      Earley, Fitzgerald, Volesky

Voting no:      Duniphan, Koehn, McIntyre, Michels, Nachtigal, Slaughter, Wilson, Young, Hunt, Brown (Jarvis)

MOTION:      DO PASS HB 1067

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

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

Voting no:      Earley, Nachtigal

          HB 1095:   authorize professional corporations, limited liability companies, or limited liability partnerships owned by certain health care professionals of more than one profession.

Presented by:      Jim Hood, SD Nurse Anesthetists Association
          Brett Furnecke, SD Nurses Association
          Rebekah Craddock, SDAPA

MOTION:      DO PASS HB 1095

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

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

Excused:      Volesky

          HB 1059:   clarify persons required to report child abuse or neglect.

Presented by:      Rep Larry Lucas

MOTION:      DO PASS HB 1059

Moved by:      Representative Hunt
Second by:      Representative McIntyre

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Action:      Prevailed by roll call vote.   (12-0-1-0)

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

Excused:      Volesky

          HB 1100:   allow certain nurses to form limited liability partnerships and limited liability companies.

Presented by:      Brett Furnecke, SD Nurses Association
          Rebekah Cradduck, SDAPA

MOTION:      AMEND HB 1100

1100ja

     On page 1 , line 5 of the printed bill , after " 36-4, " insert " 36-4A, " .

     On page 3 , after line 2 , insert:

"
     Section 5. That § 47-11D-1 be amended to read as follows:

     47-11D-1.   One or more physician assistants may form a professional corporation for practicing as physician's assistants under the South Dakota Business Corporation Act, if such corporations are organized and operated in accordance with the provisions of this chapter.

     Physician assistants may form a professional limited liability company under the South Dakota Limited Liability Company Act if the limited liability company is organized and operated in accordance with the provisions of this chapter. The articles of organization of the limited liability company shall contain provisions complying with the requirements of this chapter.

     Section 6. That chapter 47-11D be amended by adding thereto a NEW SECTION to read as follows:
     Terms used in this chapter shall also include the following terms:

             (1)    "Articles of incorporation," the articles of organization of a limited liability company;

             (2)    "Corporation," both corporations under the South Dakota Business Corporations Act and limited liability companies under the South Dakota Limited Liability Company Act;

             (3)    "Director" or "officer," any manager of a limited liability company or the members of a limited liability company that does not have managers;

             (4)    "Incorporation," the members of a limited liability company;

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             (5)    "Shareholders," the members of a limited liability company;

             (6)    "Shares" or "stock," membership interests in a limited liability company.

     Section 7. That § 47-11D-2 be amended to read as follows:

     47-11D-2.   The corporate name of a corporation shall contain the words , " professional company " or " professional corporation " or abbreviations thereof, such as " Prof. Co., " " Prof. Corp., " " P.C. " , or " Prof. Ltd. " The name of a limited liability company formed under §  47-11D-1 shall contain the words, professional limited liability company, or the abbreviation, Prof. L.L.C. "

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

MOTION:      DO PASS HB 1100 AS AMENDED

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

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

Excused:      Koehn, Volesky

          HB 1097:   require sellers of tobacco and alcohol to retain the age-bearing documents of persons suspected of misrepresenting their age for the purpose of purchasing those products and to require community service of those who misrepresent their ages for the purpose of purchasing tobacco and alcohol.

Presented by:      Rep Alice McCoy
Opponents:      Mike Buenger, State Court Administrator

MOTION:      AMEND HB 1097

1097ra

     On page 1 , line 11 of the printed bill , delete " shall complete " and insert " may perform " .

     On page 1 , line 16 , delete " shall " and insert " may " .

     On page 2 , line 9 , delete " shall complete " and insert " may perform " .

     On page 2 , line 14 , delete " shall " and insert " may " .

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

MOTION:      SUBSTITUTE MOTION AMEND HB 1097

1097rb

     On page 1 , delete lines 6 to 11 of the printed bill , inclusive .

     On page 1 , line 16 , delete " shall " and insert " may " .

     On page 2 , delete lines 2 to 9 , inclusive .

     On page 2 , line 14 , delete " shall " and insert " may " .

Moved by:      Representative Wilson
Second by:      Representative Koehn
Action:      Failed by roll call vote.   (6-7-0-0)

Voting yes:      Koehn, McIntyre, Nachtigal, Slaughter, Volesky, Wilson

Voting no:      Duniphan, Earley, Fitzgerald, Michels, Young, Hunt, Brown (Jarvis)

MOTION:      DO PASS HB 1097 AS AMENDED

Moved by:      Representative Hunt
Second by:      Representative Duniphan
Action:      Prevailed by roll call vote.   (7-4-2-0)

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

Voting no:      Earley, Koehn, Nachtigal, Slaughter

Excused:      Duniphan, Hunt

MOTION:      AMEND HB 1097

1097rta

     On page 1 , line 1 of the printed bill , delete " require " and insert " permit " .

     On page 1 , line 3 , delete " require " and insert " permit the requirement of " .

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Moved by:      Representative Wilson
Second by:      Representative Volesky
Action:      Failed by roll call vote.   (6-7-0-0)

Voting yes:      Koehn, McIntyre, Nachtigal, Slaughter, Volesky, Wilson

Voting no:      Duniphan, Earley, Fitzgerald, Michels, Young, Hunt, Brown (Jarvis)

          HB 1061:   define the assault of court employees as aggravated assault.

Presented by:      Mike Buenger, State Court Administrator
Opponents:      Bob Newland, private citizen
          Nick Braun, SD Peace & Justice Center
          Rep Mike Koehn

MOTION:      AMEND HB 1061

1061ra

     On page 1 , line 10 of the printed bill , overstrike " Attempts to cause or knowingly causes any bodily injury to a law enforcement officer " .

     On page 1 , line 11 , overstrike " or other public officer engaged in the performance of the officer's duties; " .

     On page 1 , line 16 , overstrike " Is a convicted person under the jurisdiction of the Department of Corrections and " .

     On page 1 , line 17 , overstrike " attempts to cause, or knowingly causes bodily injury to a Department of Corrections " .

     On page 2 , line 1 , overstrike " employee, or authorized visitor, volunteer, or person under contract assigned to the " .

     On page 2 , line 2 , overstrike " Department of Corrections; " .

     On page 2 , line 2 , delete " or " .

     On page 2 , delete lines 3 and 4 .

Moved by:      Representative Koehn
Second by:      Representative Nachtigal
Action:      Failed by voice vote.

MOTION:      AMEND HB 1061

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1061rb

     On page 2 , line 5 of the printed bill , after " felony. " insert " However, any violation of subdivisions (3), (6), and (7) is a Class 6 felony. " .

Moved by:      Representative Koehn
Second by:      Representative Nachtigal
Action:      Failed by voice vote.

MOTION:      AMEND HB 1061

1061rc

     On page 2 , line 5 of the printed bill , after " felony. " insert " However, any violation of subdivisions (3), (6), and (7) is a Class 5 felony. " .

Moved by:      Representative Koehn
Second by:      Representative Nachtigal
Action:      Failed by roll call vote.   (2-9-2-0)

Voting yes:      Koehn, Nachtigal

Voting no:      Earley, Fitzgerald, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Duniphan, Hunt

MOTION:      AMEND HB 1061

1061rd

     On page 2 , line 5 of the printed bill , after " felony. " insert " However, any violation of subdivisions (3), (6), and (7) is a Class 4 felony. " .

Moved by:      Representative Koehn
Second by:      Representative Nachtigal
Action:      Failed by roll call vote.   (2-9-2-0)

Voting yes:      Koehn, Nachtigal

Voting no:      Earley, Fitzgerald, McIntyre, Michels, Slaughter, Volesky, Wilson, Young, Brown (Jarvis)

Excused:      Duniphan, Hunt

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MOTION:      AMEND HB 1061

1061re

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

"

             (8)    Attempts to cause or knowingly causes any bodily injury to a lawyer in the performance of the lawyer's duties; "

Moved by:      Representative Koehn
Second by:      Representative Nachtigal
Action:      Was not acted on.

MOTION:      ADJOURN

Moved by:      Representative Nachtigal
Second by:      Representative Koehn
Action:      Failed by voice vote.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1061

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

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

Voting no:      Koehn, Nachtigal

Excused:      Duniphan, Hunt

MOTION:      ADJOURN

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

James Wosepka

Committee Secretary