72nd Legislative Session -- 1997

Committee: House State Affairs

Friday, February 14, 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 Chair Gordon Pederson.


MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 12, 1997 WITH THE AGREEMENT THAT REP. CUTLER'S AMENDMENT TO HB 1123 WAS INTENDED TO BE GENDER NEUTRAL.

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

          HB 1275:   to provide for certain provisions relating to the sale of state-owned land.

Hearing was held at an earlier meeting on HB 1275.
Opponents:      Curt Johnson, Commissioner of School and Public Lands
Presented by:      Jeff Fox, Governor's Office

MOTION:      AMEND HB 1275


o-1275
     On page 1 of the printed bill , delete lines 11 to 13 , inclusive , and insert:

"     The real property shall at all times remain subject to ad valorem taxation and the real property or the value of the real property shall at all times be entered in the list of taxable property for purposes of ad valorem taxation. No claim of exemption is valid for any purpose except for real property or any interest therein conveyed or transferred to the United States, the State of South Dakota or its political subdivisions, or real property used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, or real property acquired and used exclusively for public highway purposes. Acceptance of this conveyance or any subsequent conveyance constitutes an acceptance of all of the terms and conditions of this covenant and waiver of any claim of exemption from ad valorem taxation except as otherwise provided in this covenant. This covenant runs with the land and is binding upon all grantees, and the heirs, personal representatives, successors and assigns of all grantees. A violation of this covenant may be remedied by any proceeding at law or in equity. "



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

MOTION:      DO PASS HB 1275 AS AMENDED

Moved by:      Representative DeMersseman
Second by:      Representative Jorgensen
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1275 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Lucas
Second by:      Representative Haley
Action:      Failed by roll call vote.   (6-6-1-0)

Voting yes:      Broderick, Roe, Haley, Koetzle, Lucas, Schaunaman

Voting no:      Cutler, DeMersseman, Hagg, Hunt, Jorgensen, Pederson (Gordon)

Excused:      Gabriel

HB 1275 WAS      DEFERRED UNTIL FEBRUARY 15, 1997.


          HB 1277:   to revise the requirements for registered engineers, architects, and land surveyors approving certain building projects.



Opponents:      David Noyes, self, Brookings
          Howard Paul, lobbyist, Design Professionals Coalition, Mitchell
Presented by:      Dana Nelson, Governor's Office

MOTION:      DEFER HB 1277 UNTIL FEBRUARY 15, 1997.

Chair Larry Gabriel assumed the chair.

          HB 1272:   to provide a civil cause of action for barratry and to institute a procedure for the assertion of a claim of barratry.

Proponents:      None
Opponents:      None
Presented by:      Brent Wilbur, lobbyist, Governor's Office

MOTION:      AMEND HB 1272

o-1272
     On page 1 , line 4 of the printed bill , delete " Barratry is the " and insert " The " .

     On page 1 , line 5 , delete " . Barratry " .

     On page 1 , line 6 , after " the " insert " same " .

     On page 1 , line 7 , delete " of barratry is made. A " and insert " arises. That " .

     On page 1 , line 7 , delete " of barratry " .


Moved by:      Representative Pederson (Gordon)
Second by:      Representative Cutler
Action:      Was not acted on.

MOTION:      AMEND THE AMENDMENT

o-1272a
     On page 1 , line 4 of the printed bill , delete " Barratry is the " and insert " The " .

     On page 1 , line 5 , delete " . Barratry " .

     On page 1 , line 6 , after " the " insert " same " .

     On page 1 , line 7 , delete " of barratry is made. A " and insert " or defense arises. That " .

     On page 1 , line 7 , delete " of barratry " and insert "or defense".


Moved by:      Representative Hagg
Second by:      Representative Jorgensen
Action:      Prevailed on a voice vote.

MOTION:      AMENDED AMENDMENT TO HB 1272

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Cutler
Action:      Failed by voice vote.

MOTION:      DO PASS HB 1272

Moved by:      Representative Broderick
Second by:      Representative Schaunaman
Action:      Prevailed by roll call vote.   (11-2-0-0)

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

Voting no:      Koetzle, Lucas

          HB 1069:   to repeal the provisions which allow a single straight party vote.


MOTION:      TO TABLE HB 1069

Moved by:      Representative Haley
Second by:      Representative Roe
Action:      Prevailed by roll call vote.   (12-1-0-0)

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

Voting no:      Lucas

          HB 1220:   to clarify the jurisdictional limits of the Bureau of Information and Telecommunications over matters entrusted to the Board of Regents.

Proponents:      Lesta V. Turchen, Board of Regents, Pierre
          Jim Shekleton, Board of Regents, Pierre
          Warren Wilson, Board of Regents, Vermillion
Opponents:      Otto Doll, Commissioner, Bureau of Information and Telecommunications, Pierre


Presented by:      Representative Robert Roe, prime sponsor

MOTION:      DEFER HB 1220 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Koetzle
Second by:      Representative DeMersseman
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Broderick, DeMersseman, Hagg, Hunt, Koetzle, Pederson (Gordon), Gabriel

Voting no:      Cutler, Jorgensen, Roe, Haley, Lucas, Schaunaman

          HB 1250:   to prohibit certain uses of state-owned railroad lines without legislative approval.

Proponents:      Alex Huff, self, Chamberlain
Opponents:      Roxanne Rice, Department of Transportation, Pierre
          Dave Jagim, Department of Transportation, Pierre
Presented by:      Representative John Koskan, prime sponsor (handout 1)

MOTION:      DEFER HB 1250 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative DeMersseman
Second by:      Representative Broderick
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS HB 1250

Moved by:      Representative Koetzle
Second by:      Representative Cutler
Action:      Failed by roll call vote.   (3-10-0-0)

Voting yes:      Cutler, Koetzle, Gabriel

Voting no:      Broderick, DeMersseman, Hagg, Hunt, Jorgensen, Roe, Haley, Lucas, Schaunaman, Pederson (Gordon)

MOTION:      ORIGINAL MOTION TO DEFER HB 1250 UNTIL THE 41ST LEGISLATIVE DAY

Action:      Prevailed by roll call vote.   (10-3-0-0)

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

Voting no:      Cutler, Koetzle, Gabriel

          HB 1123:   to increase the minimum wage.

Hearing on HB 1123 was held at an earlier meeting.

MOTION:      DEFER HB 1123 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Koetzle
Second by:      Representative Pederson (Gordon)
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Broderick, DeMersseman, Hagg, Hunt, Jorgensen, Roe, Pederson (Gordon), Gabriel

Voting no:      Cutler, Haley, Koetzle, Lucas, Schaunaman

MOTION:      DEFER HB 1256, HB1222, HB 1227 and HB 1256 UNTIL FEBRUARY 19, 1997.

Moved by:      Representative Schaunaman
Second by:      Representative Jorgensen
Action:      Prevailed by voice vote.

MOTION:      ADJOURN

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



Clara Shelbourn

_________________________________

Committee Secretary
Larry E. Gabriel, Chair


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