73rd Legislative Session -- 1998

Committee: House State Affairs

Wednesday, February 18, 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
E      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 E. Gabriel.


MOTION:      TO APPROVE THE MINUTES OF FEBRUARY 14, 1998.

Moved by:      Representative Jorgensen
Second by:      Representative Pederson (Gordon)
Action:      Prevailed by voice vote.

          SB 151:   to allow lottery prizes for lotteries selling chances to raise money to be of greater value under certain circumstances and to authorize certain larger lottery prizes.

Proponents:      Michael Wyland, Sioux Falls Midtown SERTOMA, Sioux Falls (handout 1)
Presented by:      Representative Bill Peterson, sponsor

MOTION:      DO PASS SB 151

Moved by:      Representative Brown (Richard)


Second by:      Representative Broderick
Action:      Prevailed by roll call vote.   (9-2-2-0)

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

Voting no:      Cutler, Hagg

Excused:      Hunt, Lucas

          SB 52:   to revise the powers and duties of the State Investment Council and the state investment officer with respect to the permanent school and other educational funds.

Proponents:      Jerry Fischer, SD Health and Educational Facilities
Presented by:      Curt Everson, Commissioner, Bureau of Finance and Management

MOTION:      DO PASS SB 52

Moved by:      Representative Broderick
Second by:      Representative Jorgensen
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      Hunt, Lucas

MOTION:      PLACE SB 52 ON CONSENT

Moved by:      Representative Broderick
Second by:      Representative Brown (Richard)
Action:      Failed by voice vote.

          SB 92:   to revise certain provisions regarding the recording of a social security number for the purposes of driver licensing.

Proponents:      Cindy Gerber, Department of Commerce and Regulation
          Dave Braun, Department of Social Services
          Rep. Dana Windhorst, sponsor
Opponents:      David Volk, Secretary, Department of Commerce and Regulation (opposed to the amendment)
Presented by:      Senator Jim Lawler, prime sponsor

MOTION:      AMEND SB 92

o-92a

     On the Senate State Affairs committee engrossed bill , delete everything after the enacting clause and insert:

"      Section 1. That § 32-12-17 be amended to read as follows:

     32-12-17.   The Department of Commerce and Regulation shall, upon payment of the fee established by §   32-12-16, issue to every each applicant qualifying therefor an operator's license. The license shall bear thereon a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a color photo and a brief description of the licensee, and the licensee's signature. The department shall indicate upon each driver's license the general class of vehicles which the licensee may drive. If a bar code, or other means by which information may be retrieved electronically, is placed on the license, the data field may contain the information printed on the license and the licensee's encrypted social security number.

     Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to §  32-12-17, the secretary of the Department of Commerce and Regulation may encrypt information in the bar code identifying that the licensee is a convicted felon who has a firearm restriction or the licensee is a sex offender who is required to register pursuant to §§ 22-22-30 to 22-22-39, inclusive.

     Section 3. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to §  32-12-17, the secretary of the Department of Commerce and Regulation may include information identifying the licensee's blood type, medical condition, allergies, medications, or other medical alert data, if the licensee requests such information to be included. Before such information may be included, the licensee shall submit a document clearly identifying this information to the department and the document shall be signed by the licensee and the licensee's physician.

     Section 4. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Only the information listed in sections 1 to 3, inclusive, of this Act may be placed in a bar code or other information retrieval device on the license. "



Moved by:      Representative Cutler
Second by:      Representative Schaunaman
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND SB 92

o-92b

     On the Senate State Affairs committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 32-12-17 be amended to read as follows:

     32-12-17.   The Department of Commerce and Regulation shall, upon payment of the fee established by §   32-12-16, issue to every each applicant qualifying therefor an operator's license. The license shall bear thereon a distinguishing number assigned to the licensee, the full legal name or any name lawfully taken, date of birth, residence address, an indication if the licensee is a donor pursuant to chapter 34-26, an indication if the licensee has a living will pursuant to chapter 34-12D or a durable power of attorney for health care pursuant to chapter 59-7, a color photo and a brief description of the licensee, and the licensee's signature. The department shall indicate upon each driver's license the general class of vehicles which the licensee may drive. If a bar code, or other means by which information may be retrieved electronically, is placed on the license, the data field may contain the information printed on the license and the licensee's encrypted driver's license number.

     Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to §  32-12-17, the secretary of the Department of Commerce and Regulation may encrypt information in the bar code identifying that the licensee is a convicted felon who has a firearm restriction or the licensee is a sex offender who is required to register pursuant to §§ 22-22-30 to 22-22-39, inclusive.

     Section 3. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a bar code, or other means by which information may be retrieved electronically, is placed on a license pursuant to §  32-12-17, the secretary of the Department of Commerce and Regulation may include information identifying the licensee's blood type, medical condition, allergies, medications, or other medical alert data, if the licensee requests such information to be included. Before such information may be included, the licensee shall submit a document clearly identifying this information to the department and the document shall be signed by the licensee and the licensee's physician.


     Section 4. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Only the information listed in sections 1 to 3, inclusive, of this Act may be placed in a bar code or other information retrieval device on the license. "



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

MOTION:      DO PASS SB 92 AS AMENDED

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

MOTION:      SUBSTITUTE MOTION DEFER SB 92 UNTIL FRIDAY, FEBRUARY 20, 1998

Moved by:      Representative Brown (Richard)
Second by:      Representative Schaunaman
Action:      Prevailed by show of hands.

          SB 39:   to provide for the public procurement of construction services utilizing the design-build procurement process.

Proponents:      Brett Koenecke, lobbyist, Design Professionals Coalition, Rapid City
          Larry Zikmund, lobbyist, Associated General Contractors
          Yvonne Vik, lobbyist, Municipal League
          Jim Keyes, lobbyist, Associated General Contractors
Presented by:      John White, Bureau of Administration

MOTION:      DO PASS SB 39

Moved by:      Representative Koetzle
Second by:      Representative Brown (Richard)
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      Cutler, Lucas

          SB 40:   to permit contractors to offer and provide design-build services.

Proponents:      Larry Zikmund, lobbyist, Associated General Contractors
Presented by:      John White, Bureau of Administration

MOTION:      DO PASS SB 40

Moved by:      Representative Schaunaman
Second by:      Representative Jorgensen
Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      Cutler, Lucas

MOTION:      PLACE SB 40 ON CONSENT

Moved by:      Representative Schaunaman
Second by:      Representative Roe
Action:      Failed by voice vote.

The Chair deferred SB 233 until Friday, February 20, 1998.

MOTION:      ADJOURN

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



Clara Shelbourn

_________________________________

Committee Secretary
Larry E. Gabriel, Chair


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