75th Legislative Session -- 2000

Committee: House Judiciary

Monday, February 7, 2000

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Duniphan
P      Earley
P      Fitzgerald
E      Koehn
P      McIntyre
P      Michels
P      Nachtigal
P      Slaughter
E      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 prior meeting

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

          HB 1254:   establish a statute of limitations for certain actions or omissions by veterinarians. (Continued from prior meeting of 2-4-00)



MOTION:      AMEND HB 1254

1254ra

     On page 1 , line 7 of the printed bill , after " . " insert " However, the provisions of this section do not prohibit any counterclaim for malpractice, error, mistake, or failure to cure, as a defense to any action for services brought by a veterinarian. " .


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

MOTION:      AMEND HB 1254

1254rb

     On page 1 , line 7 of the printed bill , after " occurred " insert " or within two years after the injured party actually knew or reasonably should have known that the alleged malpractice, error, mistake, or failure to cure occurred " .


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

MOTION:      AMEND HB 1254

1254re

     That the previously adopted committee amendment, 1254rb, be rescinded.


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

MOTION:      AMEND HB 1254

1254rc

     On page 1 , line 4 of the printed bill , delete " any member of a veterinarian's staff " and insert " veterinarian technician " .


Moved by:      Representative Michels
Second by:      Representative Volesky
Action:      Was not acted on.

MOTION:      AMEND HB 1254

1254rf

     On page 1 , line 6 of the printed bill , delete " two " and insert " three " .


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

MOTION:      AMEND HB 1254

1254rb

     On page 1 , line 7 of the printed bill , after " occurred " insert " or within two years after the injured party actually knew or reasonably should have known that the alleged malpractice, error, mistake, or failure to cure occurred " .


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

MOTION:      DO PASS HB 1254 AS AMENDED

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

Voting yes:      Nachtigal, Wilson

Voting no:      Duniphan, Earley, Fitzgerald, Koehn, McIntyre, Michels, Slaughter, Young, Brown (Jarvis)

Excused:      Volesky, Hunt

MOTION:      DEFER HB 1254 UNTIL THE 36TH LEGISLATIVE DAY

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

The Chair deferred HB 1254 until later in the meeting.

          HB 1306:   retroactively apply the annual increase in workers' compensation benefits to certain disabilities. (Continued from prior meeting of 2-4-00)

Proponents:      James Marsh, SD Department of Labor
          Rory Ehlers, self(doc 1)

MOTION:      SUBSTITUTE MOTION DO PASS HB 1306 AS AMENDED

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

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

Voting no:      Michels, Slaughter

Excused:      Volesky, Hunt

MOTION:      TO AMEND TITLE OF HB 1306

1306rta

     On page 1 , line 1 of the printed bill , delete " retroactively " and insert " prospectively " .


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

          SB 60:   provide for the revocation of the driving privileges of certain persons who are under the influence of illegal substances while driving or riding in a motor vehicle. (Continued from prior meeting of 2-4-00)

Presented by:      Senator Ken Albers

MOTION:      DO PASS SB 60

Moved by:      Representative Fitzgerald
Second by:      Representative Wilson
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Duniphan, Earley, Fitzgerald, McIntyre, Volesky, Brown (Jarvis)

Voting no:      Koehn, Michels, Nachtigal, Slaughter, Wilson, Young

Excused:      Hunt

MOTION:      DEFER SB 60 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Michels
Second by:      Representative Slaughter
Action:      Prevailed by roll call vote.   (8-4-1-0)

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

Voting no:      Duniphan, Earley, Fitzgerald, Volesky

Excused:      Hunt

          SB 61:   revise the elements of the crimes of vehicular homicide and vehicular battery.

Presented by:      Senator Ken Albers
Proponents:      Chuck Schroyer, SD States Attorney Assn
          Rep Tom Hennies

MOTION:      DO PASS SB 61

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

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

Voting no:      Koehn

Excused:      Hunt

          SB 62:   provide that sexual penetration with a minor stepchild is rape in the third degree.

Presented by:      Senator Ken Albers
Proponents:      Chuck Schroyer, SD States Attorney Assn
          Rep Tom Hennies

MOTION:      DO PASS SB 62

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

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

Excused:      Hunt

          SB 95:   revise certain provisions regarding the prohibition against driving a vehicle while under the influence of alcohol, any controlled drug, or marijuana.

Presented by:      Senator Ken Albers
Proponents:      Chuch Schroyer, SD States Attorney Assn
          Tom Barnett, SD State Bar

MOTION:      DEFER SB 95 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Koehn
Second by:      Representative Earley
Action:      Prevailed by roll call vote.   (9-4-0-0)

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

Voting no:      Duniphan, Fitzgerald, Michels, Volesky

          HB 1254:   establish a statute of limitations for certain actions or omissions by veterinarians.



MOTION:      SUBSTITUTE MOTION DO PASS HB 1254

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

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

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

MOTION:      DEFER HB 1254 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Duniphan
Second by:      Representative Slaughter
Action:      Prevailed by roll call vote.   (8-5-0-0)

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

Voting no:      Koehn, McIntyre, Michels, Nachtigal, Volesky

MOTION:      ADJOURN

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



James Wosepka

_________________________________

Committee Secretary
Jarvis W. Brown, Chair


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