72nd Legislative Session -- 1997
Committee: Senate State Affairs
Monday, February 24, 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 FEBRUARY 21,1997.
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
HB 1082:
to reduce the voting requirements of the board of adjustment and to
increase the minimum number of members appointed to the planning and zoning
commission.
Proponents:
Lorin Pankratz, SD Corngrowers Assn & SD Pork Producers Council
Dennis Hanson, SD County Commissioners
Brian Jennings, SD Farmers Union
Marie Ingalls, SD Farm Bureau
Presented by:
Representative Diedrich
MOTION:
DO PASS HB 1082
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Hunhoff, Lawler, Whiting, Rounds,
Halverson
Excused:
Dunn (Rebecca)
HB 1238:
to allow a video lottery machine operator to be owned by certain
publicly traded companies.
Proponents:
Jerry Baum, Concord Gaming Corp., Rapid City
Presented by:
Representative DeMersseman
MOTION:
DO PASS HB 1238
Moved by:
Senator Whiting
Second by:
Senator Dunn (Jim)
Action:
Failed by roll call vote.
(4-5-0-0)
Voting yes:
Dunn (Jim), Munson (David), Dunn (Rebecca), Whiting
Voting no:
Everist, Hunhoff, Lawler, Rounds, Halverson
MOTION:
DEFER HB 1238 UNTIL Friday, February 28, 1997.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
HB 1167:
to revise the purposes for which rural electric cooperatives may be
organized.
Proponents:
Representative Wetz, Rural Electric Manager
Opponents:
Brent Wilbur, SD Cable TV who offered an amendment
Presented by:
Brian Meyer, SD Rural Electric Assns, offered amendment and rebuttal
MOTION:
AMEND HB 1167
o-1167c
On page
2
,
line
1 of the House State Affairs committee engrossed bill
,
after "
insurance.
"
insert
"
Cooperatives proposing to provide local exchange telephone service in a rural telephone company's
service area may do so only in compliance with the procedures contained in section 251(f) of the
Communication Act of 1934, as amended by the Telecommunications Act of 1996.
"
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1167
o-1167b
On page
2
,
line
1 of the House State Affairs committee engrossed bill
,
after "
banking,
"
insert
"
operation of a CATV system,
"
.
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Failed by roll call vote.
(2-6-1-0)
Voting yes:
Dunn (Jim), Munson (David)
Voting no:
Dunn (Rebecca), Hunhoff, Lawler, Whiting, Rounds, Halverson
Passed:
Everist
MOTION:
DO PASS HB 1167 AS AMENDED
Moved by:
Senator Lawler
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Rounds, Halverson
HB 1177:
to permit cooperatives, rural electric cooperatives, and nonprofit
corporations to conduct meetings by teleconference.
Proponents:
Representative Wetz
Presented by:
Darla Rogers, SD Rural Electric Assn
MOTION:
AMEND HB 1177
o-1177
On page
2 of the printed bill
,
after line
11
,
insert:
"
Section 4. That chapter 49-30 be amended by adding thereto a NEW SECTION to read as
follows:
Unless restricted by the articles of incorporation or bylaws, members of the board of directors
or any committee designated by the board of directors may participate in a meeting of such board
or committee by means of teleconference or similar communications equipment which allows all
persons participating in the meeting to hear each other at the same time. Participation by a board or
committee member in a teleconference constitutes presence in person at a meeting.
"
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
TO AMEND TITLE OF HB 1177
o-1177t
On page
1
,
line
1 of the printed bill
,
before "
and
"
insert "
telephone corporations,
"
.
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1177 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting, Rounds,
Halverson
Excused:
Everist
MOTION:
PLACE HB 1177 ON CONSENT CALENDAR
Moved by:
Senator Lawler
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
HB 1276:
to restrict persons who have possessed, used, or distributed controlled
substances or marijuana from participation in certain extracurricular activities or
financial aid assistance.
Presented by:
Brent Wilbur at the request of the Governor
MOTION:
AMEND HB 1276
o-1276i
On page
2
,
line
1 of the House engrossed bill
,
delete "
felonious
"
.
On page
2
,
line
2
,
after "
defined
"
insert "
in
"
.
On page
2
,
line
2
,
after "
22-42
"
insert "
under circumstances which would constitute a felony
under South Dakota law
"
.
On page
2
,
line
6
,
delete "
feloniously
"
.
On page
2
,
line
7
,
after "
22-42
"
insert "
under circumstances which would constitute a felony
under South Dakota law if that person were an adult
"
.
On page
2
,
line
9
,
delete "
feloniously
"
.
On page
2
,
line
10
,
after "
22-42
"
insert "
under circumstances which would constitute a felony
under South Dakota law
"
.
On page
2
,
line
15
,
delete "
feloniously
"
.
On page
2
,
line
16
,
after "
22-42
"
insert "
under circumstances which would constitute a felony
under South Dakota law if that person were an adult
"
.
Moved by:
Senator Whiting
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
MOTION:
DEFER HB 1276 UNTIL Wednesday, February 26, 1997.
Moved by:
Senator Hunhoff
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by voice vote.
HB 1272:
to provide a civil cause of action for barratry and to institute a procedure
for the assertion of a claim of barratry.
Presented by:
Brent Wilbur at the request of the Governor
MOTION:
AMEND HB 1272
o-1272b
On page
1
,
line
6 of the House engrossed bill
,
before "
civil
"
insert "
same
"
.
On page
1
,
line
6
,
delete "
is made
"
and insert "
arises
"
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1272 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Rounds, Halverson
HCR 1006:
Requesting the Congress of the United States to pass legislation
providing election campaign finance reform.
Presented by:
Representative Lucas
MOTION:
THAT HCR1006 BE CONCURRED IN
Moved by:
Senator Hunhoff
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Rounds, Halverson
MOTION:
PLACE HCR1006 ON CONSENT CALENDAR
Moved by:
Senator Lawler
Second by:
Senator Hunhoff
Action:
Prevailed by voice vote.
HCR 1011:
Memorializing Congress to fully fund federal impact aid to local
school districts.
Presented by:
Senator Rounds
MOTION:
THAT HCR1011 BE CONCURRED IN
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Dunn (Rebecca), Hunhoff, Lawler, Whiting,
Rounds, Halverson
MOTION:
PLACE HCR1011 ON CONSENT CALENDAR
Moved by:
Senator Whiting
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
Defer HB 1191 to Wednesday, February 26, 1997.
Defer HB 1057 to Friday, February 28, 1997.
Defer HB 1276 to Wednesday, February 26, 1997.
Wednesday evening meeting is a possibility.
MOTION:
ADJOURN
Moved by:
Senator Lawler
Second by:
Senator Everist
Action:
Prevailed by voice vote.
Alma Matzen
_________________________________
Committee Secretary
Harold W. Halverson, Chair
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