73rd Legislative Session -- 1998

Committee: House State Affairs

Monday, February 23, 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 FEBRUARY 20, 1998.

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

          SB 240:   to prohibit certain discharges associated with livestock operations, to establish an environmental livestock cleanup fund, and to make an appropriation therefor.

Proponents:      Steve Pirner, Department of Environment and Natural Resources
          Lorin Pankratz, lobbyist, SD Pork Producers Council
          Darrell Cruea, Secretary, Department of Agiculture
          Curt Pochardt, Sierra Club
         
Presented by:      Nettie Myers, Secretary, Department of Environment and Natural Resources



MOTION:      DO PASS SB 240

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

MOTION:      SUBSTITUTE MOTION AMEND SB 240

o-240

     On page 7 , delete lines 15 and 16 of the Senate engrossed bill .


Moved by:      Representative Koetzle
Second by:      Representative Lucas
Action:      Failed by voice vote.

MOTION:      DO PASS SB 240

Action:      Prevailed by roll call vote.   (11-0-2-0)

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

Excused:      Hagg, Hunt

          HCR 1015:   Urging the United States Congress to enact the “American Land Sovereignty Protection Act.”

Presented by:      Representative Helena Hassard, prime sponsor (handout 1)

MOTION:      DO PASS HCR1015

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

MOTION:      SUBSTITUTE MOTION DEFER HCR1015 UNTIL THE 36TH LEGISLATIVE DAY

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

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

Voting no:      Cutler, Hagg, Roe, Pederson (Gordon), Gabriel

Excused:      Hunt

          SJR 4:   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 four-year legislative terms and legislative term limits.

Proponents:      Representative Orville Smidt, self, Brookings
Presented by:      Senator Arne Brown, prime sponsor

MOTION:      DO PASS SJR4

Moved by:      Representative Brown (Richard)
Second by:      Representative Hagg
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND SJR4

o-j4

     On page 2 , delete lines 2 to 6 of the Senate engrossed resolution , inclusive , and insert:

"      No person may serve more than four consecutive terms or a total of eight consecutive years in the senate and more than four consecutive terms or a total of eight consecutive years in the house of representatives. However, this restriction does not apply to partial terms to which a legislator may be appointed or to legislative service before January 1, 1993. "


     On page 2 , line 8 , delete " Any person " .

     On page 2 , delete lines 9 and 10 .

     On page 2 , line 11 , delete " 2000. " .


Moved by:      Representative Broderick
Second by:      Representative Koetzle
Action:      Failed by show of hands.

MOTION:      DO PASS SJR4

Action:      Prevailed by roll call vote.   (12-1-0-0)

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

Voting no:      Jorgensen

          SB 147:   to study the effects of gaming in South Dakota.

Previous testimony was taken on Friday, February 20.

Comments:      Senator Keith Paisley, prime sponsor

MOTION:      AMEND SB 147

o-147c

     On page 1 , delete lines 3 to 15 of the Senate engrossed bill , inclusive , and insert:

"      Section 1. The Executive Board of the Legislative Research Council shall retain an outside neutral independent firm to study the effects that video lottery has had on the state and the citizens of the state, to study the possible effects of a repeal of video lottery, and to study the need to replace any revenues to the state if video lottery is repealed and, if necessary, to study possible options for replacement revenue. The firm shall make a report of its findings and its recommendations to the 1999 Legislature. All costs of retaining an outside neutral independent firm shall be paid by the South Dakota Lottery from revenues generated from the state's share of video lottery revenues. "


     Delete pages 2 and 3 .

     On page 4 , delete lines 1 to 11 , inclusive .

This motion was pending from Friday, February 20.

Action:      Prevailed by show of hands.


MOTION:      AMEND SB 147

o-147g

     On the previously adopted amendment (o-147c), delete " 1999 Legislature " and insert:

" Executive Board prior to September 1, 1998. The Executive Board shall appoint an interim legislative committee to review and evaluate the report. "



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

MOTION:      DO PASS SB 147 AS AMENDED

Moved by:      Representative Hunt
Second by:      Representative Brown (Richard)
Action:      Prevailed by roll call vote.   (8-4-1-0)

Voting yes:      Brown (Richard), Cutler, Hunt, Jorgensen, Roe, Haley, Lucas, Gabriel

Voting no:      Broderick, Koetzle, Schaunaman, Pederson (Gordon)

Excused:      Hagg

MOTION:      TO AMEND TITLE OF SB 147
o-147t

     On page 1 , line 1 of the Senate engrossed bill , delete " gaming in South Dakota " and insert " video lottery and its repeal, to prohibit the placement of additional video lottery machines, and to declare an emergency " .


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

MOTION:      ADJOURN

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



Clara Shelbourn

_________________________________

Committee Secretary
Larry E. Gabriel, Chair


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