94^th Legislative Session _ 2019

Committee: Senate Committee on Appropriations

Thursday, February 14, 2019

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Nesiba
P    White
P    Sutton
P    Partridge
P    Maher
P    Kolbeck
P    Greenfield (Brock)
P    Cronin, Vice-Chair
P    Wiik, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Wiik.

MOTION:    MOTION TO INVOKE RULE 7-1.5 CONSIDERATION OF MATTERS NOT POSTED TO HEAR SENATE BILL 167.

Moved by:    Partridge
Second by:    Cronin
Action:    Prevailed by roll call vote. (6-0-3-0)

Voting Yes:    White, Sutton, Partridge, Kolbeck, Cronin, Wiik

Excused:    Nesiba, Maher, Greenfield (Brock)

    SB 134: accommodate legislation on Medicaid.

Presented by:    Senator John Wiik

MOTION:    TO TABLE SB 134

Moved by:    Partridge
Second by:    White
Action:    Prevailed by roll call vote. (8-0-1-0)

Voting Yes:    White, Sutton, Partridge, Maher, Kolbeck, Greenfield (Brock), Cronin, Wiik

Excused:    Nesiba

    SB 105: distribute a portion of tourism promotion funds to the special racing revolving fund and the South Dakota-bred racing fund.

Presented by:    Senator Ryan Maher
Proponents:    Shane Kramme, South Dakota Horseman's Association (Handout(s): No. 1, No. 2, No. 3, No. 4, No. 5)
        Robert "Bubby" Harr, self, Aberdeen
        Mitch Richter, South Dakota Farmers Union
        Skip Moody, self, Letcher
Opponents:    Wanda Goodman, Department of Tourism
        Mary Arlington, South Dakota Campground Owners Association
        Kasi Haberman, self, Yankton
        Lorin D Pankratz, Visitor Industry Alliance
        Lorin D Pankratz, Deadwood Lead Economic Development Corporation
        Debra Owen, Sioux Falls Area Chamber of Commerce
        Jasper Diegel, South Dakota Hotel and Lodging Association
        Jim Hood, South Dakota Retailers Association
        Gary Keller, self, Yankton
Others:    David Wiest, Department of Revenue

MOTION:    DEFER SB 105 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Partridge
Second by:    Cronin
Action:    Prevailed by roll call vote. (8-1-0-0)

Voting Yes:    Nesiba, White, Sutton, Partridge, Kolbeck, Greenfield (Brock), Cronin, Wiik

Voting No:    Maher

    SB 125: revise the General Appropriations Act for fiscal year 2019 to fund the literacy intervention program.

Presented by:    Mitch Richter, United School Association of South Dakota (Handout(s): No. 6)

Proponents:    Shana Davis, self, Pierre
Opponents:    Derek Johnson, Bureau of Finance and Management

MOTION:    DEFER SB 125 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Partridge
Second by:    Sutton
Action:    Prevailed by roll call vote. (6-1-2-0)

Voting Yes:    White, Sutton, Partridge, Maher, Kolbeck, Cronin

Voting No:    Nesiba

Excused:    Greenfield (Brock), Wiik

    SB 167: revise provisions regarding public safety.

MOTION: AMEND SB 167

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. There is hereby established a taskforce to study and make legislative proposals regarding alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances. The task force shall be comprised of fifteen members, with any vacancy on the task force to be filled in the same manner as the original appointment, and including:

(1) Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

(2) Three members of the House of Representatives, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

(3) The secretary of the Department of Social Services;

(4) The secretary of the Department of Corrections;

(5) The attorney general;

(6) Two members to be appointed by the Governor who are members of the law enforcement

community, including a sheriff and a state's attorney;

(7) Two members from the Unified Judicial System; and

(8) Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner.

Section 2. The task force shall study and evaluate:

(1) The crime of unauthorized ingestion of controlled drugs or substances under § 22-42-5.1, including the number of arrests, convictions, and rates of recidivism since the law was enacted in 2013;

(2) Alternatives to imprisonment for any person charged and convicted under § 22-42-5.1 more adequately to assist the person with substance abuse issues; and

(3) Possible funding alternatives as well as the financial ramifications through the reclassification of the penalty under § 22-42-5.1 from a felony to a misdemeanor on the state, the counties of the state, law enforcement, substance abuse treatment facilities, and any other interested person that may be affected by the reclassification of the penalty.

Section 3. That the code be amended by adding a NEW SECTION to read:

The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded not in excess of twenty-one thousand dollars.

Section 4. That the code be amended by adding a NEW SECTION to read:

The task force shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations."

Moved by:    Partridge
Second by:    Sutton
Action:    Prevailed by voice vote.

MOTION:    AMEND TITLE OF SB 167

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish a task

force to study alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances.".

Moved by:    Partridge
Second by:    White
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 167

        THE CHAIR DEFERRED SCR 7

MOTION:    ADJOURN

Moved by:    Partridge
Second by:    White
Action:    Prevailed by voice vote.

Mary Turner

____________________________

Committee Secretary

John Wiik, Chair

../02141030.SAP

Page 1