74th Legislative Session -- 1999

Committee: House State Affairs

Friday, January 15, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brown (Richard)
P      Eccarius
P      Fischer-Clemens
E      Haley
P      Hunt
P      Jaspers
P      Koetzle
P      Koskan
P      Lucas
P      Roe
P      Smidt
P      McNenny, Vice-Chair
P      Cutler, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Steve Cutler.


MOTION:      TO ADOPT THE PERMANENT RULES.

Moved by:      Representative Koskan
Second by:      Representative Jaspers
Action:      Prevailed by voice vote.

The Chair deferred HB 1038 until a later date.

          HB 1034:   exempt the purchasing of utilities from certain competitive bid requirements.

Proponents:      Robert Miller, Lobbyist, SD Electric Utilities
Presented by:      Paul Kinsman, Bureau of Administration

MOTION:      AMEND HB 1034



o-1034

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

"      Section  1.  That § 5-23-21 be amended to read as follows:

     5-23-21.   The provisions of this chapter do not apply to the purchase of chemical and biological products, laboratory apparatus and appliances, and library books, or medical supplies; nor the purchase of equipment and supplies for externally funded research projects at institutions under the control of the Board of Regents; nor the purchase of machinery, raw materials, or containers used by the state cement plant; nor to the purchase of seeds, feeds, livestock, or equipment used in the operation of farms by any state institution; nor to the purchase of property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds shall be made under the supervision of the Bureau of Administration; nor to the purchase of computer hardware and software; nor to the purchase of natural gas; nor to the purchase of tableware or perishable foods by any institution under the control of the Board of Regents or the executive branch; nor to the purchase of materials needed by the Department of Human Services or prison industries for the manufacturing of products, except as provided by rule promulgated by the Bureau of Administration. The legislative and judicial branches of state government may determine their needs relevant to purchases, printing, and lease agreements notwithstanding any conflicting provisions of this chapter. However, the actual procurement shall be made under the supervision of the Bureau of Administration. All property purchased under the provisions of this section is subject to the provisions of chapter 5-24. "



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

MOTION:      DO PASS HB 1034 AS AMENDED

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

Voting yes:      Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt, McNenny, Cutler

Excused:      Haley

MOTION:      TO AMEND TITLE OF HB 1034

o-1034t

     On page 1 , line 1 of the printed bill , delete " utilities " and insert " natural gas " .


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

          HB 1035:   permit the State of South Dakota to waive performance and payment bonds for public improvements under certain circumstances.

Opponents:      Jeremiah Murphy, lobbyist, Western Surety
Presented by:      John White, Bureau of Administration

MOTION:      DO PASS HB 1035

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

Voting yes:      Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt, McNenny, Cutler

Excused:      Haley

          HB 1036:   permit the State of South Dakota to waive bid security on bids for public improvements under certain circumstances.

Opponents:      Jeremiah Murphy, lobbyist, Western Surety
Presented by:      John White, Bureau of Administration

MOTION:      DEFER HB 1036 UNTIL Saturday, January 16, 1999.

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

MOTION:      ADJOURN

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


Clara Shelbourn

_________________________________

Committee Secretary
Steve Cutler, Chair


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