73rd Legislative Session -- 1998

Committee: House State Affairs

                                            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
E      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 26, 1998.

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

HB 1267 WAS DEFERRED UNTIL WEDNESDAY, FEBRUARY 4, 1998.


          HB 1260:   to provide increased authority to the Board of Economic Development to encourage loans in municipalities with a population of less than two thousand.

Proponents:      Representative Gil Koetzle, prime sponsor
Opponents:      Ron Wheeler, Secretary, Office of Economic Development

MOTION:      DEFER HB 1260 UNTIL WEDNESDAY, FEBRUARY 4.

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

A sub-committee was assigned to work on HB 1260. Rep. Dick Brown will serve as chair and other committee members are Representative Cutler, Representative Koetzle, Representative Jorgensen and Representative Lucas.

HB 1017 WAS DEFERRED UNTIL WEDNESDAY, FEBRUARY 4, 1998.

HB 1066 WAS DEFERRED UNTIL WEDNESDAY, FEBRUARY 4, 1998.

          HB 1212:   to increase the salary of legislators and to refer the question to a vote of the electors of this state at the next general election.

Proponents:      Representative Gary Sokolow, prime sponsor
Opponents:      None

MOTION:      AMEND HB 1212

o-1212

     On page 1 , delete lines 4 to 8 of the printed bill , inclusive .

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

MOTION:      DO PASS HB 1212 AS AMENDED

Moved by:      Representative Lucas
Second by:      Representative Haley
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1212

o-1212a

     On page 1 , line 10 of the printed bill , delete " ten " and insert " six " .

Moved by:      Representative Roe
Second by:      Representative Jorgensen

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Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1212 AS AMENDED

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

Voting yes:      Brown (Richard), Cutler, Hagg, Hunt, Jorgensen, Roe, Haley, Koetzle, Lucas, Schaunaman

Voting no:      Broderick, Gabriel

Excused:      Pederson (Gordon)

MOTION:      TO AMEND TITLE OF HB 1212

o-1212t

     On page 1 , line 1 of the printed bill , delete " and to refer the question " .

     On page 1 , line 2 , delete everything before " . " .

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

          HB 1226:   to provide for the promulgation of rules governing certain agency practices.

Proponents:      Rich Sattgast, lobbyist, SD Association of County Officials, Pierre
Opponents:      Laska Schoenfelder, Public Utilities Commissioner, Pierre
          Doug Decker, Bureau of Personnel
          Jim Shekleton, Board of Regents
          Deb Bollinger, Director of Securities, Department of Commerce
          Tim Koehn, Deputy Secretary, Department of Human Services
Presented by:      Representative John Koskan, prime sponsor (handout 1)

MOTION:      AMEND HB 1226

o-1226

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

"      Section 1. That § 1-26-13 be amended to read as follows:

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     1-26-13.   An interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule or a policy . The petition shall contain the text or substance of any new rule or policy or amendment sought, the identification of any rule or policy sought to be repealed, reasons for the proposal, and the name and address of the petitioner. Within thirty days after submission of a petition, the agency either shall deny the petition in writing (stating its reasons for the denials) or shall initiate rule-making proceedings in accordance with §   1-26-4. The agency shall serve a copy of any petitions and denials on the members of the Interim Rules Review Committee and the director of the Legislative Research Council.

     Section 2. That § 1-26-14 be amended to read as follows:

     1-26-14.   The validity or applicability of a rule or a policy may be determined in an action for declaratory judgment in the circuit court for the county of the plaintiff's residence, if it is alleged that the rule or policy , or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. The agency shall be made a party to the action. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule or policy in question. "

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

MOTION:      DO PASS HB 1226 AS AMENDED

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

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

Excused:      Pederson (Gordon)

MOTION:      TO AMEND TITLE OF HB 1226

o-1226t

     On page 1 , line 1 of the printed bill , delete everything after " provide " and insert " a procedure for the petitioning for change of certain agency policies. " .

     On page 1 , delete line 2 .

Moved by:      Representative Schaunaman
Second by:      Representative Broderick

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Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1250

Moved by:      Representative Lucas
Second by:      Representative Koetzle
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HB 1250 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Representative Hagg
Second by:      Representative Jorgensen
Action:      Prevailed by roll call vote.   (7-5-1-0)

Voting yes:      Broderick, Brown (Richard), Cutler, Hagg, Jorgensen, Schaunaman, Gabriel

Voting no:      Hunt, Roe, Haley, Koetzle, Lucas

Excused:      Pederson (Gordon)

          HB 1174:   to revise certain solid waste reduction goals and landfill bans.

    Testimony on HB 1174 was taken on Monday, January 26. Further comments were heard     from:
          Terry Keller, lobbyist, SD Solid Waste Management Association, Pierre
          Nettie Myers, Secretary, Department of Environment and Natural Resources
          Dick Tieszen, lobbyist, Waste Management of SD, Inc.

There was a motion pending on HB 1174 from the January 26 meeting.

MOTION:      SUBSTITUTE MOTION AMEND HB 1174

o-1174d

     On page 2 , line 6 of the printed bill , delete " 1992. " and insert " 1990. " .

     On page 2 , line 6 , after "calendar year" delete " 1992 " and insert " 1990 " .

     On page 2 , line 8 , delete " one " and insert " eight-tenths of a " .

     On page 2 , line 11 , delete " 1992 " and insert " 1990 " .

     On page 2 , line 11 , delete " one " and insert " eight-tenths of a " .

     On page 2 , line 12 , after " of " insert " municipal " .

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     On page 2 , line 13 , delete " 1992 " and insert " 1990 " .

     On page 4 , delete lines 3 to 10 , 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.

     Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. "

     On page 4 , line 15 , after " governmental " insert " or private " .

     On page 4 , line 19 , delete " 1992 " and insert " 1990 " .

     On page 4 , line 22 , after " year. " insert " The landfill's reduced disposal fee shall equal the disposal fee assessed by the landfill to each user of the landfill. " .

Moved by:      Representative Hagg
Second by:      Representative Broderick
Action:      Failed by voice vote.

MOTION:      SUBSTITUTE MOTION AMEND HB 1174

o-1174c

     On page 2 , line 6 of the printed bill , delete " 1992. " and insert " 1990. " .

     On page 2 , line 6 , after "calendar year" delete " 1992 " and insert " 1990 " .

     On page 2 , line 8 , delete " one " and insert " eight-tenths of a " .

     On page 2 , line 11 , delete " 1992 " and insert " 1990 " .

     On page 2 , line 11 , delete " one " and insert " eight-tenths of a " .

     On page 2 , line 12 , after " of " insert " municipal " .

     On page 2 , line 13 , delete " 1992 " and insert " 1990 " .

     On page 4 , delete lines 3 to 10 , inclusive , and insert:

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"     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.

     Office and computer paper, old newspaper, magazines, telephone books, corrugated cardboard, other marketable paper products, containers made from plastic, aluminum and steel, and other municipal solid waste materials that are diverted from landfilling using appropriate methods and technology count toward the waste reduction goal. "

     On page 4 , line 15 , after " governmental " insert " or private " .

     On page 4 , line 19 , delete " 1992 " and insert " 1990 " .

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

MOTION:      To appoint a sub-committee composed of Representative Hagg, Representative Lucas and Representative Jorgensen.

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

HB 1174 WAS DEFERRED UNTIL WEDNESDAY, FEBRUARY 4, 1998.


MOTION:      ADJOURN

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

Clara Shelbourn

Committee Secretary -