72nd Legislative Session -- 1997

Committee: Senate State Affairs

Monday, February 10, 1997

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dunn (Jim)
P      Everist
P      Munson (David)
P      Dunn (Rebecca)
P      Hunhoff
P      Lawler
P      Whiting
P      Rounds, Vice-Chair
P      Halverson, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Halverson, Chair.


MOTION:      TO APPROVE THE MINUTES OF 7:45 AM FEBRUARY 10, 1997.

Moved by:      Senator Dunn (Jim)
Second by:      Senator Everist
Action:      Prevailed by voice vote.

          DEFER SB 185 UNTIL Saturday, February 15, 1997.


          DEFER SB 218 UNTIL Saturday, February 15, 1997.
    

          SJR 2:   Proposing and submitting to the electors at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to the South Dakota Retirement System.

Proponents:      Wyland Borth, SD Retired Teachers Assn
          Bob Stevens, SD Education Assn
Presented by:      Senator Aker

MOTION:      DO PASS SJR2

Moved by:      Senator Lawler
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (8-1-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting, Rounds

Voting no:      Halverson

          SB 225:   to refer to a vote of the electors of this state at the next general election a proposal to impose an additional tax upon the sale of alcoholic beverages and to dedicate the revenue to the special county fund and the property tax reduction fund.

Proponents:      Dennis Hansen, County Commissioners Assn of SD with 3 Hand-outs
          Chuck Schroyer, States Attorney Assn of SD
Opponents:      Bill Dougherty, SoDak Liquor Distributors, Sioux Falls, 1 Hand-out
          Jerimiah Murphy, Officer and Director of SoDak Liquor Distributors
          Bob Riter, Beer Distributors of SD, 1 Hand-out & Chart Display
Frank Brady, Anheuser-Busch Co. Inc.
Ron Olinger, SD Retailers Assn
Tom Helland, Wholesale Beer Distributor, Chamberlain
Presented by:      Representative Apa
Comments by:      Jim Fry, Department of Revenue

MOTION:      DEFER SB 225 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Rounds
Second by:      Senator Dunn (Jim)
Action:      Prevailed by roll call vote.   (8-1-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Rounds, Halverson

Voting no:      Whiting

          SB 212:   to increase the minimum wage.

Proponents:      None
Opponents:      None
Presented by:      None

MOTION:      DEFER SB 212 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Hunhoff
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (8-1-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Hunhoff, Lawler, Whiting, Rounds, Halverson

Voting no:      Dunn (Rebecca)

          SJR 4:   Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota to prohibit the taxation of inheritances.

Proponents:      Senator Lange, District 8 with Hand-out
Opponents:      Jim Fry, Department of Revenue
          Dennis Hanson, County Commissioners Assn of SD
Presented by:      Senator Staggers with Rebuttals

MOTION:      AMEND SJR4

r-4
     On page 1 , line 12 , delete " No " and insert "After December 31, 1999, no".


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

MOTION:      DEFER SJR4 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Everist
Second by:      Senator Dunn (Jim)
Action:      Prevailed by roll call vote.   (5-4-0-0)

Voting yes:      Dunn (Jim), Everist, Whiting, Rounds, Halverson

Voting no:      Munson (David), Dunn (Rebecca), Hunhoff, Lawler

          SB 247:   to establish minimum employee benefits for recipients of economic development loans.

Presented by:      Senator Hutmacher with Hand-out

MOTION:      DO PASS SB 247

Moved by:      Senator Lawler

Second by:      Senator Hunhoff
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 247 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Everist
Second by:      Senator Rounds
Action:      Prevailed by roll call vote.   (6-3-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Whiting, Rounds, Halverson

Voting no:      Dunn (Rebecca), Hunhoff, Lawler

          SB 251:   to allow the Governor to smoke in the Governor's office.

Proponents:      None
Opponents:      None
Presented by:      None

MOTION:      TO TABLE SB 251

Moved by:      Senator Everist
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (9-0-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting, Rounds, Halverson

          SB 255:   to create a legislative oversight committee for economic development.

Opponents:      Ron Wheeler, new Economic Development Director
Presented by:      Senator Symens with rebuttals

MOTION:      DO PASS SB 255

Moved by:      Senator Hunhoff
Second by:      Senator Dunn (Rebecca)
Action:      Failed by roll call vote.   (4-5-0-0)

Voting yes:      Dunn (Rebecca), Hunhoff, Lawler, Whiting

Voting no:      Dunn (Jim), Everist, Munson (David), Rounds, Halverson

MOTION:      TO TABLE SB 255
Moved by:      Senator Rounds
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (5-4-0-0)

Voting yes:      Dunn (Jim), Everist, Munson (David), Rounds, Halverson

Voting no:      Dunn (Rebecca), Hunhoff, Lawler, Whiting


          DEFER SB 229 UNTIL Saturday, February 15, 1997.


DEFER SCR 3 UNTIL Saturday, February 15, 1997.

          SB 121:   to define medical indigence.

Presented by:      Jill Wellhouse, Department of Social Services with Hand-out of amendment o- 121g and she made an attempt to clarify it.

MOTION:      AMEND SB 121

r-121d
     On page 7 of the Senate State Affairs Committee minutes of February 7, 1997 , delete lines 1 and 2 , and insert:

"      Notwithstanding § 7-8-30, in any appeal regarding medical indigence, the circuit court may affirm or remand for further proceedings, or the court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the county's findings, inferences, conclusions, or decisions are:

             (1)    In violation of constitutional or statutory provisions;

             (2)    In excess of the statutory authority of the county;

             (3)    Made upon lawful procedure;

             (4)    Affected by other error of law;

             (5)    Clearly erroneous in light of the entire evidence in the record; or

             (6)    Clearly unwarranted exercise of discretion. "


Moved by:      Senator Everist

Second by:      Senator Rounds
Action:      Prevailed by voice vote.

MOTION:      AMEND SB 121

r-121
     On page 14 of the printed bill , delete lines 19 to 21 , inclusive , and insert:

"      Section 21. That § 28-13-44 be repealed.

     28-13-44.   No county is liable for any expenses of any person if such expenses have been discharged in bankruptcy, unless the person is indigent as defined by § 28-13-1.1. "



Moved by:      Senator Rounds
Second by:      Senator Munson (David)
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND SB 121

tr-min

    On page 7 of the Senate State Affairs Minutes of February 7, 1997, after the previously adopted amendment, insert:

    "Section 31. That chapter 28-13 be amended by adding thereto a NEW SECTION to read as follows:

    Bankruptcy is not evidence of indigency."

Moved by:      Senator Everist
Second by:      None
Action:      Died for a lack of a second

MOTION:      AMEND SB 121

r-121b
     On page 14 , line 20 of the printed bill , overstrike " No county is liable for any expenses of any person if such expenses have been " .

     On page 14 , line 21 , overstrike " discharged in bankruptcy " .

     On page 14 , line 21 , after " § 28-13-1.1 " insert " If an individual applies to the county for payment of a hospital expense and is eligible, and the individual subsequently files a petition in bankruptcy, the county remains liable for its share of the individual's hospital claim computed under

the provisions of this chapter. A county is not liable for an individual's hospital expense if the individual files a petition in bankruptcy before applying to the county for medical assistance " .



Moved by:      Senator Rounds
Second by:      Senator Munson (David)
Action:      Prevailed by voice vote.

          Speaking to the various amendments:
Frank Drew, Assn of Health Care Organizations
Hugh Grogan, Minnehaha Co.
Betty Morford, Hand Co., Miller, member of Indigent Study Group
Jerimiah Murphy, Sioux Falls
Sue Schaefer,Hughes Co. Indigent Services Senator Halverson appointed a special group to study SB 121: Senator Rounds, Chairman of the group Senator Everist Senator Lawler Frank Drew, Assn of Health Care Organizations Social Services Department representative Jerimiah Murphy, Sioux Falls Dennis Hanson, SD County Commissioners Assn

    
     DEFER SB 121 UNTIL Saturday, February 15, 1997.


MOTION:      ADJOURN

Moved by:      Senator Everist
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.



Alma Matzen

_________________________________

Committee Secretary
Harold W. Halverson, Chair




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