72nd Legislative Session -- 1997

Committee: House State Affairs

Wednesday, January 29, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Broderick
P      Cutler
P      DeMersseman
P      Hagg
P      Hunt
P      Jorgensen
P      Roe
P      Haley
P      Koetzle
P      Lucas
P      Schaunaman
P      Pederson (Gordon), Vice-Chair
P      Gabriel, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Vice Chairman Pederson.


MOTION:      TO APPROVE THE MINUTES OF JANUARY 27, 1997

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

Chairman Gabriel assumed the chair.

          HB 1057:   to allow certain party hunting practices in the hunting of big game.

Proponents:      None
Opponents:      Roger Pries, Executive Director, SD Wildlife Federation
          Chris Hesla, lobbyist, High Plains Wildlife Association
          Doug Hansen, Director, Division of Wildlife, SD Game, Fish and Parks Dept.
Presented by:      Representative Richard Belatti, prime sponsor


MOTION:      AMEND HB 1057

o-1057
     On page 1 , line 7 , after "killing" delete " big game " , and insert " deer or antelope " .

     On page 1 , line 8 , delete " big " , and insert " deer or antelope " .

     On page 1 , line 9 , delete " game animals " .


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

MOTION:      DO PASS HB 1057 AS AMENDED

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

Voting yes:      Broderick, DeMersseman, Hagg, Hunt, Schaunaman, Gabriel

Voting no:      Cutler, Jorgensen, Roe, Haley, Koetzle, Lucas, Pederson (Gordon)

MOTION:      DEFER HB 1057 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Roe
Second by:      Representative Pederson (Gordon)
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Cutler, Jorgensen, Roe, Haley, Koetzle, Lucas, Pederson (Gordon)

Voting no:      Broderick, DeMersseman, Hagg, Hunt, Schaunaman, Gabriel

Vice Chair Pederson assumed the chair.

          HB 1065:   to increase the minimum wage and to declare an emergency.

Proponents:      Jerry Wheeler, lobbyist, SD Retailers Association
          Ray Trankle, lobbyist, Industry and Commerce Association
Opponents:      None
Presented by:      Representative Rex Hagg, prime sponsor
Comments by:      Geoff Simon, Department of Labor

MOTION:      AMEND HB 1065


o-1065
     On page 1 , delete lines15 and 16 , insert:

"      60-11-3.1. Tips or other considerations received by a tipped employee may be credited by the employer toward the minimum wage provided in §   60-11-3 up to a maximum of fifty percent of the required minimum wage. Any employer of a tipped employee shall pay a cash wage of not less than two dollars and thirteen cents an hour if the employer claims a tip credit against the employer's minimum wage obligation. If an employee's tips combined with the employer's cash wage of not less than two dollars and thirteen cents an hour do not equal the minimum hourly wage, the employer shall make up the difference as additional wages for each regular pay period of the employer. "

     On page 2 , delete line 1 .

     On page 2 , between lines 5 and 6 , insert:

"     Section 5. That § 60-11-4.1 be amended to read as follows:

     60-11-4.1.   Any employee who is eighteen or nineteen years of age may be paid a training an opportunity wage as defined in section 6 of the Fair Labor Standards Amendments of 1989 1996 as of January 1, 1990 October 1, 1996 . "


Moved by:      Representative Hagg
Second by:      Representative Cutler
Action:      Prevailed by a show of hands (7-6).

Chairman Gabriel assumed the chair.

MOTION:      DO PASS HB 1065 AS AMENDED

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Broderick
Action:      Prevailed by roll call vote.   (12-1-0-0)

Voting yes:      Broderick, Cutler, DeMersseman, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

Voting no:      Gabriel

          SB 11:   to require the filing of copies of documents regarding certain administrative procedures with the Legislative Research Council.

Proponents:      None
Opponents:      None
Presented by:      Senator Jerry Shoener, prime sponsor


MOTION:      DO PASS SB 11

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Hunt
Action:      Prevailed by roll call vote.   (13-0-0-0)

Voting yes:      Broderick, Cutler, DeMersseman, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel

MOTION:      PLACE SB 11 ON CONSENT

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Hunt
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

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



Clara Shelbourn

_________________________________

Committee Secretary
Larry E. Gabriel, Chair


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