P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Whiting
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 11, 2002
E - Excused
A - Absent
P Bogue
P de Hueck
P Koetzle
P Koskan
P Moore
P Daugaard, Vice-Chair
P Whiting, Chair
Moved by: de Hueck
Second by: Koskan
Action: Prevailed by voice vote.
HB 1160: expand certain tort liability arising out of causes of action based on
reduction, abduction, and alienation of affections.
Presented By: Representative Adelstein
Proponents: Dick Tieszen, Pierre
Joni Clark Cutler, SD Advocacy Network for Women
MOTION:
AMEND HB 1160
On page 1 of the printed bill, after line 9, insert:
"
Section 2. This Act shall apply to any claim filed after January 1, 2002.".
Moved by: Bogue
Second by: Daugaard
Action: Prevailed by voice vote.
MOTION:
DO PASS HB 1160 AS AMENDED
Moved by: Bogue
Second by: Moore
Action: Prevailed by roll call vote.(6-1-0-0)
Voting Yes: Bogue, de Hueck, Koetzle, Moore, Daugaard, Whiting
Voting No: Koskan
MOTION:
TO AMEND TITLE OF HB 1160
Moved by: Bogue
Second by: Daugaard
Action: Prevailed by voice vote.
HB 1053: permit a victim of sliming to request that the defendant be tested for blood-
borne pathogens and that the test results be disclosed to the victim.
Presented By: Laurie Feiler, Department of Corrections (Document #1)
MOTION:
DO PASS HB 1053
Moved by: Daugaard
Second by: Moore
Action: Prevailed by roll call vote.(7-0-0-0)
Voting Yes: Bogue, de Hueck, Koetzle, Koskan, Moore, Daugaard, Whiting
MOTION:
RECONSIDER HB 1164
Moved by: Moore
Second by: Bogue
Action: Prevailed by voice vote.
HB 1164: abrogate the loss of chance doctrine as set forth in Jorgenson v. Vener.
Proponents: David Gerdes, SD Medical Association (Document #2)
Opponents: Rex Hagg, SD Trial Lawyers Assn
MOTION:
AMEND HB 1164
"
Section 1. The Legislature finds that the application of the loss of chance doctrine enunciated by
the South Dakota Supreme Court in Jorgenson v. Vener, 2000 SD 87, 616 NW2d 366 improperly
alters the requirements of causation. However, the Legislature also finds that the abrogation of the
court's decision would leave certain patients or other individuals without a standard of care.
Therefore, the Legislature adopts the substantial factor test in medical malpractice actions as set forth
in the concurring opinion of Justice Amundson in Jorgenson v. Vener, 2000 SD 87, 616 NW2d 366."
Moved by: de Hueck
Second by: Koetzle
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: de Hueck, Koetzle, Moore, Daugaard
Voting No: Bogue, Koskan, Whiting
MOTION:
SUBSTITUTE MOTION DO NOT PASS HB 1164 AS AMENDED
Nancy Benson
Moved by: de Hueck
Second by: Moore
Action: Prevailed by roll call vote.(4-3-0-0)
Voting Yes: de Hueck, Koetzle, Moore, Whiting
Voting No: Bogue, Koskan, Daugaard
MOTION:
SENATE JUDICIARY COMMITTEE REQUESTS THE SOUTH DAKOTA BAR
ASSOCIATION TO STUDY THE LOSS OF CHANCE DOCTRINE AND
REPORT THEIR FINDINGS TO THEM AT THE COMMENCEMENT OF THE
2003 LEGISLATIVE SESSION
Moved by: Daugaard
Second by: Moore
Action: Prevailed by voice vote.
HB 1253: revise certain provisions pertaining to the juvenile corrections monitor.
Presented By: Representative Gillespie
Proponents: Jennifer Ring, ACLU of the Dakotas
Betty Oldenkamp, Department of Human Services
Susan Randall, SD Coalition for Children
Jeanne Koster, SD Peace & Justice Center
MOTION:
DO PASS HB 1253
Moved by: Moore
Second by: Daugaard
Action: Prevailed by roll call vote.(4-2-1-0)
Voting Yes: Koetzle, Moore, Daugaard, Whiting
Voting No: Bogue, Koskan
Excused: de Hueck
MOTION:
ADJOURN
Moved by: Moore
Second by: Daugaard
Action: Prevailed by voice vote.
Committee Secretary
../02131000.SJU