73rd Legislative Session -- 1998
Committee: House State Affairs
Monday, January 26, 1998
P - Present
E - Excused
A - Absent
Roll Call
P
Broderick
P
Brown (Richard)
E
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 Chairman Larry Gabriel.
MOTION:
TO APPROVE THE MINUTES OF JANUARY 23, 1998.
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Koetzle
Action:
Prevailed by voice vote.
HB 1182:
to repeal certain provisions restricting persons who have possessed, used,
or distributed controlled substances or marijuana from participation in certain
extracurricular activities or financial aid assistance.
Proponents:
Representative Clarence Kooistra, sponsor (handout 1)
Bob Stevens, lobbyist, South Dakota Education Association, Pierre
Opponents:
None
Presented by:
Representative Garry Moore, prime sponsor
MOTION:
DO PASS HB 1182
Moved by:
Representative Haley
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1182 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Jorgensen
Second by:
Representative Hagg
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Broderick, Brown (Richard), Hagg, Hunt, Jorgensen, Pederson (Gordon), Gabriel
Voting no:
Roe, Haley, Koetzle, Lucas, Schaunaman
Excused:
Cutler
HB 1200:
to establish a holiday to observe the ratification of the Bill of Rights.
Proponents:
James Christen, lobbyist, Self Governors of South Dakota, Huron
(Handout 7)
Ron Boyd, lobbyist, American Legion, Pierre
Bob Frieberg, lobbyist, SD Trial Lawyers Association
Tom Barnett, lobbyist, State Bar of SD
Opponents:
None
Presented by:
Representative Dana Windhorst, prime sponsor (handouts 2, 3, 4, 5 and 6)
MOTION:
AMEND HB 1200
t-1200
On page
1
,
line
7 of the printed bill
,
after "
holiday.
"
insert "
On that day, the United States and
South Dakota flags may be flown in commemoration.
"
.
Moved by:
Representative Jorgensen
Second by:
Representative Brown (Richard)
Action:
Failed by voice vote.
MOTION:
DO PASS HB 1200
Moved by:
Representative Pederson (Gordon)
Second by:
Representative Koetzle
Action:
Prevailed by roll call vote.
(10-2-1-0)
Voting yes:
Brown (Richard), Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas,
Schaunaman, Pederson (Gordon)
Voting no:
Broderick, Gabriel
Excused:
Cutler
HB 1250:
to revise the composition of the Board of Regents to include one faculty
member.
Proponents:
Representative Caitlin Collier, sponsor
Opponents:
James Shekleton, Board of Regents
Curt Everson, Bureau of Finance and Management
Presented by:
Representative Orville Smidt, prime sponsor
MOTION:
DEFER HB 1250 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Jorgensen
Second by:
Representative Broderick
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1250
Moved by:
Representative Koetzle
Second by:
Representative Pederson (Gordon)
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Brown (Richard), Roe, Haley, Koetzle, Lucas, Pederson (Gordon)
Voting no:
Broderick, Hagg, Hunt, Jorgensen, Schaunaman, Gabriel
Excused:
Cutler
MOTION:
SUBSTITUTE MOTION DEFER HB 1250 UNTIL WEDNESDAY, JANUARY
28.
Moved by:
Representative Lucas
Second by:
Representative Pederson (Gordon)
Action:
Prevailed by voice vote.
HB 1174:
to revise certain solid waste reduction goals and landfill bans.
Proponents:
Terry Keller, lobbyist, SD Solid Waste Management Association, Pierre
Yvonne Vik, lobbyist, SD Municipal League
Dennis Hanson, lobbyist, SD Association of County Commissioners, Pierre
Luanne Napton, lobbyist, SD Resources Coalition, Brookings
John Brown, lobbyist, National Federation of Independent Businesses, Pierre
Opponents:
Dick Tieszen, lobbyist, Waste Management of South Dakota, Inc.
Presented by:
Representative Rex Hagg, prime sponsor
MOTION:
AMEND HB 1174
o-1174
On page
5
,
line
1 of the printed bill
,
after "
reduction
"
insert "
until such time as the fifty percent
goal is achieved
"
.
Moved by:
Representative Roe
Second by:
Representative Lucas
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1174
o-1174a
On page
1
,
line
15 of the printed bill
,
after "
landfills by
"
insert "
twenty-five percent by July 1,
1996, and
"
.
On page
2
,
line
8
,
delete "
one
"
and insert "
eight-tenths of a
"
.
On page
2
,
line
15
,
delete "
landfill's solid waste source reduction and recycling plan required
"
and insert "
municipality or other political subdivision
"
".
On page
2
,
line
16
,
delete "
by
§
34A-6-74
"
.
On page
4
,
delete lines
3
to
24
, inclusive
,
and insert "
In order to achieve the waste reduction
goals provided for under
§
34A-6-60, no landfill in the state may accept yard waste, lead acid
batteries, waste motor oil, or white good appliances for disposal.
Other municipal solid waste materials that are diverted from landfilling using appropriate
methods and technology count toward the waste reduction goal. Office and computer paper, old
newspaper, magazines, telephone books, corrugated cardboard, or other marketable paper products
and plastic, aluminum and steel, cumulatively may count towards sixty-five percent of the waste
reduction goal. Appropriate methods and technology include recycling facilities.
Every municipality or other political subdivision responsible for solid waste management shall
comply with each of these landfill waste reduction targets. If the governing body, after an open
meeting allowing public input, finds that recycling of the solid waste in a manner consistent with the
reduction targets provided by this section is unavailable, the governing body may by ordinance
exempt the political subdivision from any of the waste reduction targets provided by this section.
Beginning July 1, 1998, any municipality or other political subdivision responsible for solid
waste management shall receive one cent for each percent of solid waste reduction achieved and
documented for the previous year from the disposal fee paid pursuant to
§
34A-6-81. The
municipality or other political subdivision responsible for solid waste management shall distribute
these moneys to recycling facilities based upon the percentage determined from the actual tonnage
receipts of the recyclable materials delivered to market. If a municipality or other political
subdivision responsible for solid waste management does not reach the fifty percent goal as set forth
in
§
34A-6-60 by July 1, 2001, the municipality or other political subdivision responsible for solid
waste management is not eligible for additional percentage match.
"
Section 3.That
§
34A-6-61
be amended to read as follows:
34A-6-61.
Terms used in
§
§
34A-6-59 to 34A-6-92, inclusive, mean:
(1)
"Agency" or "state agency," each association, authority, board, commission, committee,
council, department, division, office, officer, task force or other agent of the state vested
with the authority to exercise any portion of the state's sovereignty, including the
legislative and judicial branches of the government of the state, but not including local
units of government such as counties, townships, municipalities, chartered governmental
units, school or other special districts, or Indian tribes;
(2)
"Department," the Department of Environment and Natural Resources;
(3)
"Local unit of government," a county, municipality, school district, special district or
other political subdivision of the State of South Dakota or a similar unit of government
of another state or nation;
(4)
"Major appliance," a major residential or commercial appliance, including any air
conditioner, clothes dryer, clothes washer, dishwasher, freezer, kitchen range, microwave
oven, refrigerator, television or water heater;
(5)
"Motor vehicle," a motor vehicle as defined in
§
32-3-1;
(6)
"Municipality," a municipality as defined in
§
9-1-1;
(7)
"Paper and paper products," paper items including paper napkins, towels, corrugated and
other cardboard, toilet tissue, high-grade office paper, newsprint, offset paper, bond paper,
xerographic bond paper, mimeo paper and duplicator paper;
(8)
"Plastic," any material made of polymeric organic compounds and additives that can be
shaped by flow;
(9)
"Plastic bottle," a plastic container having a neck that is smaller than the body of the
container, accepts a screw-type, snap cap or other closure, and has a capacity of sixteen
fluid ounces or more, but less than five gallons;
(10)
"Plastic product label," a molded imprint or raised symbol on or near the bottom of a
plastic product;
(11)
"Postconsumer material," products generated by a business or consumer that have served
their intended end uses and that have been separated or diverted from solid waste for the
purpose of collection, recycling and disposition;
(12)
"Recovered material," material which is recovered or derived from solid waste;
(13)
"Recovered paper material," paper waste generated after the completion of the
papermaking process, such as postconsumer material, envelope cuttings, bindery
trimmings, printing waste, cutting and other converting waste, butt rolls and mill
wrappers, obsolete inventories, and rejected unused stock. The term does not include
fibrous waste generated during the manufacturing process such as fibers recovered from
waste, water or trimmings of paper machine rolls; or fibrous by-products of harvesting,
extractive or woodcutting processes; or forest residue such as bark;
(13A)
"Recyclable materials," materials that are separated from solid waste for the purpose of
recycling, including paper, glass, plastics, metals, motor oil, tires and batteries;
(14)
"Recycled," the quality of being manufactured from or consisting of, in whole or part,
materials derived from solid waste;
(15)
"Recycled paper," a paper product with not less than forty percent of its total weight
consisting of postconsumer material and recovered paper material and at least ten percent
of the total weight of recycled paper is of postconsumer materials;
(16)
"Recycling," any process by which waste, or materials that would otherwise become
waste, are collected, separated or processed and revised or returned to use in the form of
raw materials or products. The term includes the composting of yard waste which has
been previously separated from other waste, but does not include any form of energy
recovery;
(17)
"Recycling facility," a facility at which materials are prepared for reuse in their original
form or for use in manufacturing processes that do not cause the destruction of the
materials in a manner that precludes further use;
(18)
"Rigid plastic containers," any formed or molded container, other than a bottle, intended
for single use, composed predominantly of plastic resin, and having a relatively inflexible
shape or form with a capacity of eight ounces or more, but less than five gallons;
(18)
(19)
"Sanitary landfill," a solid waste disposal facility in which solid waste is buried
between layers of earth;
(19)
(20)
"Secretary," secretary of the Department of Environment and Natural Resources;
(20)
(21)
"Solid waste," solid waste as defined in
§
34A-6-1.3;
(21)
(22)
"Solid waste disposal facility," a solid waste disposal facility as defined in
§
34A-6-1.3;
(22)
(23)
"Source reduction," practices that reduce, avoid or eliminate both the generation
of solid waste and the use of toxic materials so as to reduce risks to health and the
environment and to avoid, reduce or eliminate the generation of wastes or
environmental pollution at the source and not merely achieved by shifting a waste
output or waste stream from one environmental medium to another environmental
medium;
(23)
(24)
"Universal recycling symbol," an equilateral triangle formed by three arrows with
the apex of each point of the triangle at the midpoint of each arrow, rounded with
a short radius. The arrowhead of each arrow shall be at the midpoint of each side
of the triangle with a short gap separating the pointer from the base of the adjacent
arrow. The triangle, formed by the three arrows curved at their midpoints, shall
depict a clockwise path;
(24)
(25)
"Waste oil," any oil after use that is contaminated through storage or handling
before the oil is recycled;
(25)
(26)
"Waste tire," a tire that is no longer suitable for its original purpose because of
wear, damage or defect;
(26)
(27)
"Waste tire collection site," a site used for the storage, collection or deposit of
waste tires;
(27)
(28)
"Waste tire collector," a person who owns or operates a site used for the storage,
collection or deposit of more than fifty waste tires;
(28)
(29)
"Waste tire processing," producing or manufacturing usable materials from waste
tires. The term does not include incineration of tires for fuel or energy recovery
purposes;
(29)
(30)
"Waste tire processing site," a site used for the processing of waste tires and owned
or operated by a tire processor who has a permit for the site; and
(30)
(31)
"Yard waste," leaves, grass clippings and other similar waste vegetative material.
"
On page
5
,
delete line
1
.
Moved by:
Representative Hunt
Second by:
Representative Schaunaman
Action:
Was not acted on.
There was not sufficient time to hear HB 1212 and HB 1226, which
will be heard at the next
meeting.
MOTION: ADJOURN
Moved by: Representative Pederson
Second by:
Representative Broderick
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Larry E. Gabriel, Chair
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