73rd Legislative Session -- 1998

Committee: House State Affairs

Wednesday, January 21, 1998

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Broderick
P      Brown (Richard)
P      Cutler
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 Chair Larry E. Gabriel.


MOTION:      TO APPROVE THE MINUTES OF JANUARY 17, 1998.

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

          HB 1083:   to cede certain jurisdiction over the Federal Prison Camp to the United States.


Presented by:      Representative Roger Hunt, prime sponsor

MOTION:      AMEND HB 1083

d-1083

     On page 1 , line 5 of the printed bill , before " jurisdiction " insert " concurrent " .

     On page 1 , line 6 , before " jurisdiction " insert " concurrent " .


Moved by:      Representative Haley
Second by:      Representative Hagg
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1083 AS AMENDED

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

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Hunt, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel

Excused:      Jorgensen

          HB 1035:   to increase the minimum age at which a person may contribute to a horse or dog race.

Opponents:      Ron Olinger, Lobbyist, SD Horsemen's Association, Pierre
Presented by:      Larry Eliason, Secretary, Gaming Commission, Department of Commerce and Regulation
Comments by:      Roger Leonard, SD Lottery

MOTION:      DEFER HB 1035 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Pederson (Gordon)
Second by:      Representative Haley
Action:      Prevailed by roll call vote.   (11-2-0-0)

Voting yes:      Broderick, Brown (Richard), Hagg, Hunt, Jorgensen, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel

Voting no:      Cutler, Roe

          HJR 1002:   Proposing and submitting to the electors at the next general election an amendment to Article IV, section 2 of the Constitution of the State of South Dakota, relating to the age qualifications for Governor and lieutenant governor.

Presented by:      Representative William Napoli, prime sponsor

MOTION:      DO PASS HJR1002

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

MOTION:      SUBSTITUTE MOTION DEFER HJR1002 UNTIL THE 36TH LEGISLATIVE DAY

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

Voting yes:      Brown (Richard), Haley, Koetzle, Lucas, Schaunaman, Gabriel

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

MOTION:      SUBSTITUTE MOTION AMEND HJR1002

o-j1002

     On the printed resolution, delete everything after the enacting clause and insert:

"      Section  1.  That at the next general election held in the state, the following amendment to Article III, section 3 of the Constitution of the State of South Dakota, as set forth in section 2 of this Joint Resolution, which is hereby agreed to, shall be submitted to the electors of the state for approval.

     Section  2.  That Article III, section 3 of the Constitution of the State of South Dakota, be amended to read as follows:

     §   3.       No person shall be is eligible to for the office of senator who is not a qualified elector in the district from which he may be such person is chosen, and a citizen of the United States, and who shall not have attained the age of twenty-five years, and who shall has not have been a resident of the state or territory for two years next preceding his election.

    No person shall be is eligible to for the office of representative who is not a qualified elector in the district from which he may be such person is chosen, and a citizen of the United States, and who shall has not have been a resident of the state or territory for two years next preceding his election , and who shall not have attained the age of twenty-five years .

    No judge or clerk of any court, secretary of state, attorney general, state's attorney, recorder, sheriff or collector of public moneys, member of either house of Congress, or person holding any lucrative office under the United States, or this state, or any foreign government, shall be a member of the Legislature: provided, that appointments in the militia, the offices of notary public and justice of the peace shall not be considered lucrative; nor shall any person holding any office of honor or profit under any foreign government or under the government of the United States, except

postmasters whose annual compensation does not exceed the sum of three hundred dollars, hold any office in either branch of the Legislature or become a member thereof. "



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

Voting yes:      Brown (Richard), Jorgensen, Haley, Koetzle, Lucas, Schaunaman, Gabriel

Voting no:      Broderick, Cutler, Hagg, Hunt, Roe, Pederson (Gordon)

MOTION:      DO PASS HJR1002 AS AMENDED

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

Voting yes:      Brown (Richard), Jorgensen, Haley, Koetzle, Lucas, Schaunaman, Gabriel

Voting no:      Broderick, Cutler, Hagg, Hunt, Roe, Pederson (Gordon)

MOTION:      TO AMEND TITLE OF HJR1002

o-j1002t

     On page 1 , line 2 of the printed bill , delete " Article IV, section 2 " and insert " Article III, section 3 " .

     On page 1 , line 3 , delete " Governor and lieutenant governor " and insert " legislative office " .


Moved by:      Representative Jorgensen
Second by:      Representative Brown (Richard)
Action:      Prevailed by voice vote.

          HJR 1003:   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 the length of the legislative session.

Presented by:      Representative Dan Matthews, prime sponsor (handout 1)

MOTION:      AMEND HJR1003

o-j1003

     On page 2 , line 6 of the printed resolution , overstrike " forty " and insert " thirty-five " .


Moved by:      Representative Jorgensen
Second by:      Representative Lucas
Action:      Failed by roll call vote.   (2-10-1-0)

Voting yes:      Jorgensen, Gabriel

Voting no:      Broderick, Brown (Richard), Hagg, Hunt, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon)

Excused:      Cutler

MOTION:      DO PASS HJR1003

Moved by:      Representative Schaunaman
Second by:      Representative Pederson (Gordon)
Action:      Prevailed by roll call vote.   (8-4-1-0)

Voting yes:      Broderick, Brown (Richard), Hagg, Hunt, Haley, Schaunaman, Pederson (Gordon), Gabriel

Voting no:      Jorgensen, Roe, Koetzle, Lucas

Excused:      Cutler

Vice Chairman Pederson assumed the chair.

          HB 1012:   to revise the residency requirements for certain game and fish licenses and permits.

Presented by:      Representative Dana Windhorst, prime sponsor

MOTION:      TO TABLE HB 1012

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

Voting yes:      Broderick, Brown (Richard), Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman, Pederson (Gordon), Gabriel

Excused:      Cutler

Chairman Gabriel assumed the chair.

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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