76th Legislative Session _ 2001

Committee: Senate Judiciary
Friday, January 19, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Bogue
P    de Hueck
P    Hainje
P    Koetzle
P    Moore
P    Daugaard, Vice-Chair
P    Whiting, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Whiting

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 17, 2001

Moved by:    de Hueck
Second by:    Moore
Action:    Prevailed by voice vote.

         SB 1: require written informed consent before genetic testing.

Presented By:    Senator Cheryl Madden
Proponents:    Roberta Vogt, AARP
Opponents:    Dick Gregerson, American Council of Life Insurance (Document #1)
        Darla P. Rogers, Health Insurance Association of America

MOTION:     AMEND SB 1

1ta
     On page 1 of the printed bill, delete lines 6 to 15 , inclusive, and insert:

"
             (2)    "Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order to identify the presence or absence of an inherited variation, alteration, or mutation which is associated with predisposition to disease, illness, impairment, or other disorder. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; any test commonly accepted in clinical practice; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;".

     On page 2 , delete lines 1 and 2 .

Moved by:    de Hueck
Second by:    Moore
Action:    Prevailed by roll call vote.(4-3-0-0)

Voting Yes:    Hainje, Koetzle, Moore, Whiting

Voting No:    Bogue, de Hueck, Daugaard

MOTION:     AMEND SB 1

1ra
     On page 2, line 5 of the printed bill, delete " ; " and insert ".".

     On page 2 , delete lines 6 and 7 .

     On page 2 , line 8, delete " presymptomatic or " .

     On page 2 , line 13, delete " presymptomatic or " .

     On page 2 , line 14, delete " presymptomatic or " .

     On page 2 , line 15, delete " presymptomatic or " .

     On page 2 , line 18, delete " presymptomatic or " .

     On page 2 , line 19, delete " presymptomatic or " .

     On page 2 , line 20, delete " presymptomatic or " .

     On page 2 , line 23, delete " presymptomatic or " .

     On page 2 , line 24, delete " presymptomatic or " .

Moved by:    Bogue
Second by:    Hainje
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 1

1rd
     On page 3, after line 6 of the printed bill, insert:

"

     Section 4. Nothing in this Act alters the ability to perform genetic tests done in pursuance of a lawful criminal investigation or court order.".

Moved by:    Bogue
Second by:    Hainje
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 1

1rb
     On page 2, line 8 of the printed bill, after " order " insert "or perform".

Moved by:    de Hueck
Second by:    Bogue
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 1

1rc
     On page 2, line 22 of the printed bill, delete " Who " and insert "A listing of who".

Moved by:    Whiting
Second by:    Hainje
Action:    Prevailed by voice vote.


MOTION:     DO PASS SB 1 AS AMENDED

Moved by:    de Hueck
Second by:    Moore
Action:    Prevailed by roll call vote.(7-0-0-0)

Voting Yes:    Bogue, de Hueck, Hainje, Koetzle, Moore, Daugaard, Whiting

         SB 70: require certain statistics regarding traffic law enforcement to be collected and maintained.

Presented By:    Senator Ron Volesky (Document #2)
Proponents:    Senator Paul Valandra
        Webster Two Hawk, personal, Pierre
Opponents:    Charles McGuigan, Attorney General's Office
        Dick Tieszen, South Dakota Sheriff's Association and South Dakota Chief of Police Association
        Representative Tom Hennies

MOTION:     REFER TO Appropriations

Moved by:    Bogue
Second by:    Hainje
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 70 TO THE 41ST LEGISLATIVE DAY

Moved by:    Whiting
Second by:    Daugaard
Action:    Prevailed by roll call vote.(5-2-0-0)

Voting Yes:    Bogue, de Hueck, Hainje, Daugaard, Whiting

Voting No:    Koetzle, Moore

         SB 72: revise the crime of vehicular homicide.

Presented By:    Senator Ron Volesky
Opponents:    Mike Shaw, National Association of Independent Insurers

MOTION:     DO PASS SB 72

Moved by:    Koetzle
Action:    Failed for lack of a second.
MOTION:     DEFER SB 72 TO THE 41ST LEGISLATIVE DAY

Moved by:    Bogue
Second by:    de Hueck
Action:    Prevailed by roll call vote.(4-1-2-0)

Voting Yes:    Bogue, de Hueck, Daugaard, Whiting

Voting No:    Koetzle

Excused:    Hainje, Moore

MOTION:     ADJOURN

Moved by:    Daugaard
Second by:    Bogue
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Fred C. Whiting, Chair


../01191000.SJU
Page 1