72nd Legislative Session -- 1997
Committee: House State Affairs
Wednesday, February 12, 1997
P - Present
E - Excused
A - Absent
Roll Call
P
Broderick
P
Cutler
P
DeMersseman
P
Hagg
P
Hunt
E
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 Chair Larry Gabriel.
MOTION:
TO APPROVE THE MINUTES OF FEBRUARY 10, 1997.
Moved by:
Representative Roe
Second by:
Representative Koetzle
Action:
Prevailed by voice vote.
HJR 1008 WAS DEFERRED UNTIL FRIDAY, FEBRUARY 14, 1997.
HB 1274:
to assess the costs of rescue against vehicle operators who fail to heed
a notice of the temporary restriction or closing of a state trunk highway.
Proponents:
Bill Mickelson, SD Highway Patrol, Pierre
Clyde Pietz, Department of Transportation, Pierre
Opponents:
None
Presented by:
Ron Wheeler, Secretary, Department of Transportation, Pierre`
HB 1274 WAS
DEFERRED UNTIL UNTIL LATER TODAY.
HJR 1007:
Proposing and submitting to the electors at the next general election an
amendment to Article III, section 6 of the Constitution of the State of South
Dakota, relating to staggered four-year terms, mileage reimbursement, and term
limits for members of the Legislature.
Proponents:
None
Opponents:
None
Presented by:
Representative Donald Munson, prime sponsor
MOTION:
DO PASS HJR1007
Moved by:
Representative Broderick
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Broderick, Hagg, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel
Voting no:
Cutler, DeMersseman, Roe
Excused:
Hunt, Jorgensen
HJR 1006:
Proposing and submitting to the electors at the next general election
amendments to Article III of the Constitution of the State of South Dakota, relating
to the creation of a nonpartisan unicameral legislature and to provide for its
membership.
Proponents:
None
Opponents:
None
Presented by:
Representative Pat Haley, prime sponsor and Senator Jim Thompson, co-sponsor
MOTION:
DO PASS HJR1006
Moved by:
Representative Lucas
Second by:
Representative Koetzle
Action:
Failed by roll call vote.
(3-8-2-0)
Voting yes:
Haley, Koetzle, Lucas
Voting no:
Broderick, Cutler, DeMersseman, Hagg, Roe, Schaunaman, Pederson (Gordon),
Gabriel
Excused:
Hunt, Jorgensen
MOTION:
DEFER HJR1006 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Schaunaman
Action:
Prevailed by roll call vote.
(8-3-2-0)
Voting yes:
Broderick, Cutler, DeMersseman, Hagg, Roe, Schaunaman, Pederson (Gordon),
Gabriel
Voting no:
Haley, Koetzle, Lucas
Excused:
Hunt, Jorgensen
MOTION:
AMEND HB 1274
o-1274
On page
1
,
line
7 of the printed bill
,
after "
section
"
insert "
for failure to observe a notice
provided pursuant to subdivision (1), (4), or (5) of
§
31-4-14.2
"
.
Moved by:
Representative Hagg
Second by:
Representative Schaunaman
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1274 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative DeMersseman
Action:
Prevailed by roll call vote.
(9-2-2-0)
Voting yes:
Broderick, Cutler, DeMersseman, Hagg, Roe, Lucas, Schaunaman, Pederson
(Gordon), Gabriel
Voting no:
Haley, Koetzle
Excused:
Hunt, Jorgensen
HB 1166:
to create the South Dakota Commission on Higher Pay, to prescribe its
duties, and to make an appropriation therefor.
Proponents:
None
Opponents:
None
Presented by:
Representative Pat Haley, prime sponsor
MOTION:
REFER TO Appropriations
Moved by:
Representative Koetzle
Second by:
Representative Schaunaman
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1166 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Cutler
Second by:
Representative Broderick
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Broderick, Cutler, DeMersseman, Hunt, Pederson (Gordon), Gabriel
Voting no:
Hagg, Roe, Haley, Koetzle, Lucas, Schaunaman
Excused:
Jorgensen
MOTION:
PREVIOUS MOTION TO REFER TO Appropriations
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Hagg, Hunt, Roe, Haley, Koetzle, Lucas, Schaunaman
Voting no:
Broderick, Cutler, DeMersseman, Pederson (Gordon), Gabriel
Excused:
Jorgensen
HB 1123:
to increase the minimum wage.
Proponents:
None
Opponents:
Bob Riter, Jr., lobbyist, National Federation of Independent Businesses of South
Dakota.
Presented by:
Representative Gil Koetzle, prime sponsor
MOTION:
AMEND HB 1123
o-1123
On the printed bill,
Delete everything after the enacting clause and insert:
"
Section 1. That § 60-11-3.1 be amended as follows:
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 eighty-six 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 eighty-six 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.
A "tipped employee" is one engaged in an occupation in which he customarily and regularly
receives more than thirty-five dollars a month in tips or other considerations.
This section does not apply to babysitters or outside salesmen.
"
Moved by:
Representative Cutler
Second by:
Representative Broderick
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION DEFER HB 1123 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Hagg
Second by:
Representative DeMersseman
Action:
Failed by roll call vote.
(5-6-2-0)
Voting yes:
DeMersseman, Hagg, Hunt, Roe, Gabriel
Voting no:
Broderick, Cutler, Haley, Koetzle, Lucas, Schaunaman
Excused:
Jorgensen, Pederson (Gordon)
MOTION:
DEFER HB 1123 UNTIL FRIDAY, FEBRUARY 14, 1997.
Moved by:
Representative Hagg
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
HJR 1009:
Proposing and submitting to the electors at the next general election
amendments to Article IX of the Constitution of the State of South Dakota, relating
to the organization of local government.
Proponents:
None
Opponents:
Dennis Hanson, Association of County Commissioners, Pierre
Presented by:
Brent Wilbur, lobbyist, Governor's Office
MOTION:
AMEND HJR1009
o-j1009
On the printed resolution, delete everything after the resolving clause and insert:
"Section 1. That at the next general election held in the state, the following amendments to
Article IX of the Constitution of the State of South Dakota, as set forth in sections 2, 3, and 4,
inclusive, of this Joint Resolution, and section 5 of this Joint Resolution establishing an effective
date of January 1, 1999, which are hereby agreed to, shall be submitted to the electors of the state
for approval.
Section 2. That Article IX of the Constitution of the State of South Dakota be amended by
adding a NEW SECTION to read as follows:
§
4. In any two or more counties, not less than ten percent of those voting in the last preceding
gubernatorial election in each of the affected jurisdictions may, by petition, initiate the question of
whether those counties shall be consolidated into one. Upon receipt of such petitions, the county
commissions of the respective counties shall, by resolution, direct that the question of the
consolidation of those counties be submitted to a vote of the electors of the respective counties at
the next general election.
Section 3. That Article IX of the Constitution of the State of South Dakota be amended by
adding a NEW SECTION to read as follows:
§
5. The affected counties will be consolidated into one if the consolidation is approved at that
election by a majority of the votes cast on that question in each of the affected counties.
Section 4. That Article IX of the Constitution of the State of South Dakota be amended by
adding a NEW SECTION to read as follows:
§
6. The county commissions of the counties consolidated by an election pursuant to this
Article shall each meet to select a proposed name and seat of government for the new county and
shall then meet jointly to select a date for a special election, wherein the electors of the affected
counties will vote to select a seat of government and a name for the new county from those seats of
government and names so proposed.
Section 5. The effective date of
§
§
4, 5, and 6 of Article IX of the Constitution is January 1,
1999."
Moved by:
Representative Hagg
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
MOTION:
DO PASS HJR1009 AS AMENDED
Moved by:
Representative Hagg
Second by:
Representative Broderick
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Broderick, Cutler, DeMersseman, Hagg, Hunt, Roe, Haley, Schaunaman, Pederson
(Gordon), Gabriel
Voting no:
Koetzle
Excused:
Jorgensen, Lucas
Vice Chair Gordon Pederson assumed the chair.
HB 1198:
to provide for Legislative approval for the construction of certain
buildings.
Proponents:
None
Opponents:
Tom Geraets, Bureau of Administration
Presented by:
Representative Garry Moore, prime sponsor
MOTION:
DEFER HB 1198 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Gabriel
Second by:
Representative Roe
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1198
Moved by:
Representative Haley
Second by:
Representative Schaunaman
Action:
Failed by roll call vote.
(4-7-2-0)
Voting yes:
Broderick, Haley, Koetzle, Schaunaman
Voting no:
Cutler, DeMersseman, Hagg, Hunt, Roe, Pederson (Gordon), Gabriel
Excused:
Jorgensen, Lucas
MOTION:
DEFER HB 1198 UNTIL FRIDAY, FEBRUARY 14, 1997.
Moved by:
Representative Schaunaman
Second by:
Representative Koetzle
Action:
Failed by voice vote.
MOTION:
PREVIOUS MOTION TO DEFER HB 1198 UNTIL THE 41ST LEGISLATIVE
DAY
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Cutler, DeMersseman, Hagg, Hunt, Roe, Pederson (Gordon), Gabriel
Voting no:
Broderick, Haley, Koetzle, Schaunaman
Excused:
Jorgensen, Lucas
Chair Larry Gabriel assumed the chair.
HB 1069, HB 1275 and HB 1277 WERE DEFERRED FOR ACTION UNTIL FIRDAY,
FEBRUARY 14, 1997.
MOTION:
ADJOURN
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Larry E. Gabriel, Chair
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