72nd Legislative Session -- 1997
Committee: Senate State Affairs Wednesday, February 26, 1997
P -Present
E- Excused
P- Present
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 24, 1997.
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Prevailed by voice vote.
DEFER HB 1218 UNTIL Monday, March 3, 1997.
HB 1233:
to prohibit the expansion of the number of certain licensed hospital beds.
Proponents:
Frank Drew, SD Assn of Health Care Organizations
Jeremiah Murphy, Presentation Health Systems and Chairman of McKennan
Hospital Board, Sioux Falls, offered rebuttal to opponents, with hand-out
Opponents:
Lorin Pankratz, Sioux Falls Surgical Center, Hand-out
Gary Belden, Central Plains Clinic, Sioux Falls
Doneen Hollingsworth, Secretary of Health
Dr. Larry Tuber, Rapid City
Dean Krogman, SD Medical Assn, Hand-out, rebuttal to Jeremiah Murphy
Lorin Pankratz introduced:
Dr. Mary Carpenter, Winner
Richard Wahlstrom, First American, Rapid City
Dan Koons, SDSMA, Sioux Falls
Time did not allow them to speak.
Presented by:
Senator Whiting, a Trustee of the Rapid City Regional Hospital
MOTION:
DO PASS HB 1233
Moved by:
Senator Hunhoff
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(7-1-1-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Hunhoff, Whiting, Rounds, Halverson
Voting no:
Dunn (Rebecca)
Excused:
Lawler
HB 1277:
to revise the requirements for registered engineers, architects, and land
surveyors approving certain building projects.
Proponents:
Ron Schmidt, Design Professional Coalition, Rapid City
Gene Enck, SD Associated School Boards
Presented by:
Dana Nelson, Special Assistant in Governor's Office
MOTION:
AMEND HB 1277
o-1277
On page
5
,
line
11 of the House engrossed bill
,
delete "
twenty-five
"
and insert "
one hundred
"
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1277 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(7-2-0-0)
Voting yes:
Dunn (Jim), Everist, Munson (David), Lawler, Whiting, Rounds, Halverson
Voting no:
Dunn (Rebecca), Hunhoff
HB 1206:
to authorize the sale of the state-owned facilities and land in Rapid City,
commonly known as the Coal Gasification Plant, and to provide for the deposit of
the proceeds.
Proponents:
Dan O'Hara, Governor's Office
Presented by:
Representative Bill Napoli, District 35
MOTION:
DO PASS HB 1206
Moved by:
Senator Munson (David)
Second by:
Senator Rounds
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 1213:
to provide a penalty for strikes by public employees.
Proponents:
John Paulton, SD Family Policy Council, Sioux Falls
Doug Decker, Bureau of Personnel
Opponents:
Lona Lewis, SD Education Assn
Ken Melius, SD State Employees Organization
Both speaking as opponents to a proposed amendment
Presented by:
Dick Tieszen, SD Associated School Boards
MOTION:
AMEND HB 1213
o-1213a
On page
1
,
line
6 of the House engrossed bill
,
after "
.
"
insert "
Any public employee who goes
on strike against the State of South Dakota, any political subdivision of the state, any of its
authorities, commissions, or boards, the public school system or any other branch of the public
service shall be immediately terminated after a notice and an opportunity to be heard. For purposes
of unemployment insurance laws the terminated employee shall be conclusively presumed to have
voluntarily quit the employment. No public employee who goes on strike against any of these
branches of the public service may be employed in the public service for ten years following the date
of the employee's termination.
"
On page
1
,
line
11
,
delete everything after "
.
"
On page
1
,
delete lines
12
to
15
, inclusive
,
and insert:
"
Section 2. That
§
3-18-16
be amended to read as follows:
3-18-16.
Any public employee
, upon request, shall be entitled, as hereinafter provided, to
may
establish
at a hearing
that
he
the employee
did not violate the provisions of
§
3-18-10 or 3-18-11.
Such requests
The employee's request for a hearing
must be filed in writing with the officer or body
having the power and authority over
such employees
the employee
, within ten days after any action
has been taken against
such
the
employee
, whereupon such
. The
officer, or body, shall
within ten
days
commence a proceeding at which time
such person
the employee
shall be entitled to be heard
for the purpose of determining whether the provisions of
§
3-18-10 or 3-18-11 have been violated
by
such
the
public employee.
Such proceedings
This proceeding
shall be
undertaken
a contested case
hearing conducted pursuant to chapter 1-26 and scheduled
without any unnecessary delay. The
decision of
such proceedings shall be made within ten days
this proceeding may be appealed
according to chapter 1-26
.
Section 3. That
§
3-18-17
be repealed.
3-18-17.
In the event that the employee involved is held to have violated
§
3-18-10 or 3-18-11
and action is taken against him, he shall have the right of review by a trial de novo in the circuit
court. Petition for such trial must be made within twenty days after the decision of the above
proceedings is made known to the employee.
"
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Was not acted on.
MOTION:
AMEND HB 1213
o-1213e
In the last sentence of the pending amendment to page 1,
line
6 of the House engrossed bill
,
delete "
ten
"
and insert "
two
"
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE AMENDMENTS
Moved by:
Senator Lawler
Second by:
Senator Dunn (Rebecca)
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Dunn (Jim), Munson (David), Dunn (Rebecca), Hunhoff, Lawler
Voting no:
Everist, Whiting, Rounds, Halverson
MOTION:
DO PASS HB 1213
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
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.
Brent Wilbur, lobbyist for the Governor, spoke in resistance to the following
amendment.
MOTION:
AMEND HB 1276
o-1276k
On page
1
,
line
7 of the House engrossed bill
,
after "
22-42
"
insert "
, for a third or subsequent
violation of
§
32-23-1, or for a crime of violence as defined in
§
22-1-2,
"
.
On page 1, line 10, after "marijuana" insert ", for a third or subsequent violation of
§
32-23-1,
or for a crime of violence as defined in
§
22-1-2".
On page
2
,
line
2
,
after "
22-42
"
insert "
, for a third or subsequent violation of
§
32-23-1, or for
a crime of violence as defined in
§
22-1-2,
"
.
On page
2
,
line
7
,
after "
22-42
"
insert "
, of a third or subsequent violation of
§
32-23-1, or of
a crime of violence. The period of ineligibility shall be for a period of five years from the date of the
person's initial court adjudication, conviction, or suspended imposition of sentence.
"
On page
2
,
line
10
,
after "
22-42
"
insert "
, for a third or subsequent violation of
§
32-23-1, or for
a crime of violence as defined in
§
22-1-2,
"
.
On page
2
,
line
16
,
after "
22-42
"
insert "
, of a third or subsequent violation of
§
32-23-1, or of
a crime of violence. The period of ineligibility shall be for a period of five years from the date of the
person's initial court adjudication, conviction, or suspended imposition of sentence.
Section 4. Any person adjudicated, convicted, or the subject of a suspended imposition of
sentence for possession, use, or distribution of controlled substances or marijuana as defined in
chapter 22-42 under circumstances which would constitute a felony under South Dakota law, for a
third or subsequent violation of
§
32-23-1, or for a crime of violence as defined in
§
22-1-2, is
ineligible to receive any loan or grant from a state economic development program and to receive
a hunting license or a fishing license pursuant to Title 41. Such person is ineligible to be employed
by the State of South Dakota or any of its political subdivisions. Such person is also ineligible to
serve in any public office, or on any state or local board or commission. Upon receiving a request
from the commissioner of the Governor's Office of Economic Development or the secretary of the
Department of Game, Fish and Parks, the Unified Judicial System shall send notice of whether the
person who is the subject of the request was adjudicated in a juvenile proceeding of possessing,
using, or distributing controlled substances or marijuana as defined in chapter 22-42 under
circumstances which would constitute a felony under South Dakota law if that person were an adult,
or of a third or subsequent violation of
§
32-23-1, or of a crime of violence. The period of
ineligibility shall be for a period of five years from the date of the person's initial court adjudication,
conviction, or suspended imposition of sentence.
"
Moved by:
Senator Hunhoff
Second by:
Senator Lawler
Action:
Was not acted on.
DEFER HB 1276 UNTIL Friday, February 28, 1997.
DEFER HB 1191 UNTIL Monday, March 3,1997.
Senator Halverson announced that the scheduled February 26th, 7:30 P.M.
meeting is cancelled.
MOTION:
ADJOURN
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
Alma Matzen
_________________________________
Committee Secretary
Harold W. Halverson, Chair
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