75th Legislative Session -- 2000

Committee: Senate Judiciary

                                            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 Vice Chair Daugaard

MOTION:      TO APPROVE THE MINUTES OF last meeting

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by voice vote.

          HB 1052:   codify the legislation passed in 1999.

Presented by:      Doug Decker, South Dakota Code Council

MOTION:      DO PASS HB 1052

Moved by:      Senator Everist
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (0-0-2-0)

Excused:      Flowers, Whiting

MOTION:      PLACE HB 1052 ON CONSENT

Moved by:      Senator Moore
Second by:      Senator Everist
Action:      Prevailed by voice vote.

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          HB 1184:   provide immunity to members of county boards of mental illness.

Presented by:      Representative Fiegen
Proponents:      Betty Oldenkamp, Department of Human Services
          Dick Howard, South Dakota Association of County Commissioners
          Lynne Valenti, Department of Human Services

MOTION:      AMEND HB 1184

1184rb

     On page 1 , after line 10 of the printed bill , insert:

"      Section 2. That chapter 27B-7 be amended by adding thereto a NEW SECTION to read as follows:

     Any person serving as a member of a county review board, whose action regarding the applications or petitions for involuntary commitment or for the safekeeping otherwise of persons subject to involuntary commitment is taken in good faith, is immune from any civil liability that might otherwise be incurred or imposed. The immunity from civil liability under this section does not apply if injury results from gross negligence or willful or wanton misconduct. "

Moved by:      Senator Flowers
Second by:      Senator Moore
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1184 AS AMENDED

Moved by:      Senator Flowers
Second by:      Senator Moore
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Dunn (Rebecca)

Excused:      Whiting

MOTION:      TO AMEND TITLE OF HB 1184

1184rta

     On page 1 , line 2 of the printed bill , after " illness " insert " and county review boards " .

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Moved by:      Senator Moore
Second by:      Senator Flowers
Action:      Prevailed by voice vote.

          HB 1308:   prohibit the possession of certain forms of computer-related child pornography.

Presented by:      Representative McIntyre (Doc#1)
Proponents:      Charlie McGuigan, Attorney Generals Office
          Otto Doll, Bureau of Information and Telecommunications

MOTION:      DO PASS HB 1308

Moved by:      Senator Dunn (Rebecca)
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (6-0-1-0)

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

Excused:      Whiting

          HB 1137:   exempt real estate licensees from certain sex offender notification provisions.

Presented by:      Representative Konold
Proponents:      Dean Kroagman, South Dakota Realtors Association

MOTION:      DO PASS HB 1137

Moved by:      Senator Everist
Second by:      Senator Flowers
Action:      Prevailed by roll call vote.   (5-1-1-0)

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

Voting no:      Dunn (Rebecca)

Excused:      Whiting

          HB 1174:   revise the provisions on the liability of adjoining property owners for failure to repair or maintain sidewalks.

Presented by:      Robert Frieberg, South Dakota Municipal League
Proponents:      Senator Vitter
          Tom Barnett, South Dakota State Bar

MOTION:      DO PASS HB 1174

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Moved by:      Senator Flowers
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (4-2-1-0)

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

Voting no:      Dunn (Rebecca), Moore

Excused:      Whiting

          HB 1100:   allow certain nurses and physician's assistants to form limited liability partnerships and limited liability companies.

Presented by:      Representative Michels

MOTION:      DO PASS HB 1100

Moved by:      Senator Moore
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-0-0-0)

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

MOTION:      PLACE HB 1100 ON CONSENT

Moved by:      Senator Flowers
Second by:      Senator Everist
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

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

Ryan Olson

Committee Secretary