74th Legislative Session -- 1999

Committee: House State Affairs

Monday, February 8, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Brown (Richard)
P      Eccarius
P      Fischer-Clemens
P      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 APPROVE THE MINUTES OF FEBRUARY 5, 1999

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

          HB 1269:   authorize voting across party lines in primary elections.

Presented by:      Representative Kay Davis, prime sponsor

MOTION:      DO PASS HB 1269

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


MOTION:      SUBSTITUTE MOTION DEFER HB 1269 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative McNenny
Second by:      Representative Koskan
Action:      Prevailed by roll call vote.   (9-4-0-0)

Voting yes:      Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler

Voting no:      Fischer-Clemens, Haley, Koetzle, Lucas

          HB 1298:   require all programs offered by the Sioux Falls Center for Public Higher Education be programs authorized for a public university by the Board of Regents.

Proponents:      Dr. Tad Parry, Executive Director, Board of Regents
          Judy Nissen, Center for Public Higher Education, Sioux Falls
Opponents:      Bill Doughtery, self and lobbyist, Augustana College
Presented by:      Dave Knutson, Governor's Office

MOTION:      DO PASS HB 1298

Moved by:      Representative Brown (Richard)
Second by:      Representative Fischer-Clemens
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Brown (Richard), Fischer-Clemens, Hunt, Koetzle, Cutler

Voting no:      Eccarius, Haley, Jaspers, Koskan, Lucas, Roe, Smidt, McNenny

MOTION:      DEFER HB 1298 UNTIL an indefinite date.

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

          HB 1297:   revise the circumstances under which it is not required to provide reasonable efforts to reunite parents with children adjudicated as abused and neglected.

Proponents:      Judy Hines, Department of Social Services
Presented by:      Dave Knudson, Governor's Office

MOTION:      AMEND HB 1297

o-1297a

     On page 2 , line 15 of the printed bill , overstrike " under " .


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

MOTION:      AMEND HB 1297

o-1297b

     On page 1 , line 14 of the printed bill , delete " that could be " and insert " and demonstrated " .

     On page 2 , line 17 , delete " that could be " and insert " and demonstrated " .


Moved by:      Representative Fischer-Clemens
Second by:      Representative Roe
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1297 AS AMENDED

Moved by:      Representative Brown (Richard)
Second by:      Representative Lucas
Action:      Failed by roll call vote.   (5-8-0-0)

Voting yes:      Brown (Richard), Eccarius, Jaspers, Roe, Cutler

Voting no:      Fischer-Clemens, Haley, Hunt, Koetzle, Koskan, Lucas, Smidt, McNenny

MOTION:      AMEND HB 1297

o-1297

     On page 1 , delete lines 13 to 15 of the printed bill , inclusive .

     On page 2 , delete lines 16 to 18 , inclusive .


Moved by:      Representative McNenny
Second by:      Representative Fischer-Clemens
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION AMEND HB 1297

o-1297c

     On page 1 , delete lines 13 to 17 of the printed bill , inclusive .

     On page 2 , delete lines 1 and 2 .

     On page 2 , delete lines 16 to 22 , inclusive .


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

ORIGINAL MOTION:      AMEND HB 1297

o-1297

     On page 1 , delete lines 13 to 15 of the printed bill , inclusive .

     On page 2 , delete lines 16 to 18 , inclusive .


Moved by:      Representative McNenny
Second by:      Representative Fischer-Clemens
Action:      Failed by show of hands.

MOTION:      AMEND HB 1297

o-1297d

     On page 1 , line 13 of the printed bill , delete everything after " (4) " .

     On page 1 , delete lines 14 and 15 .

     On page 1 , line 16 , delete " (5) " .

     On page 1 , line 16 , after " abuse; " insert " or " .

     On page 1 , delete line 17 .

     On page 2 , delete lines 1 and 2 .

     On page 2 , line 3 , delete " (7) " and insert " (5) " .

     On page 2 , line 16 , delete everything after " (4) " .

     On page 2 , delete lines 17 and 18 .

     On page 2 , line 19 , delete " (5) " .

     On page 2 , line 19 , after " abuse; " insert " or " .

     On page 2 , delete lines 20 to 22 , inclusive .

     On page 2 , line 23 , delete " (7) " and insert " (5) " .


Moved by:      Representative Hunt
Second by:      Representative Lucas
Action:      Prevailed by show of hands.

MOTION:      DO PASS HB 1297 AS AMENDED

Moved by:      Representative Hunt
Second by:      Representative Jaspers
Action:      Prevailed by roll call vote.   (7-6-0-0)

Voting yes:      Hunt, Jaspers, Lucas, Roe, Smidt, McNenny, Cutler

Voting no:      Brown (Richard), Eccarius, Fischer-Clemens, Haley, Koetzle, Koskan

          HB 1288:   revise certain time frames for election procedures that follow an election.

Proponents:      Chris Nelson, Secretary of State's Office
Presented by:      Representative Burdette Solum, prime sponsor

MOTION:      DO PASS HB 1288

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

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

Excused:      McNenny

          HJR 1008:   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 legislative terms and legislative term limits.

Presented by:      Representative Mark Young, prime sponsor

MOTION:      DO PASS HJR1008

Moved by:      Representative Koskan
Second by:      Representative McNenny
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER HJR1008 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Representative Roe
Second by:      Representative Smidt
Action:      Prevailed by roll call vote.   (8-5-0-0)

Voting yes:      Eccarius, Fischer-Clemens, Hunt, Jaspers, Koetzle, Lucas, Roe, Smidt

Voting no:      Brown (Richard), Haley, Koskan, McNenny, Cutler

          HCR 1007:   Requesting federal legislation that prohibits the federal government from recouping any of the state tobacco settlement funds.

Presented by:      Representative Mary Patterson, prime sponsor

MOTION:      ADOPT RESOLUTION HCR1007

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

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

Voting no:      McNenny

          HJR 1007:   Proposing and submitting to the electors at the next general election an amendment to Article IX of the Constitution of the State of South Dakota, authorizing local initiatives to provide for the cooperation and organization of local government.

Presented by:      Dave Knudson, Governor's Office

MOTION:      SUBSTITUTE MOTION AMEND HJR1007
        (There was an amendment pending from the 2/4/99 meeting)
o-j1007

     On page 1 , line 16 of the printed resolution , delete " ten " and insert " fifteen " .

     On page 1 , line 17 , delete " an " and insert " each " .

     On page 2 , line 1 , after " proposal " insert " at the next general election " .


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

MOTION:      DO PASS HJR1007 AS AMENDED

Moved by:      Representative Roe
Second by:      Representative Hunt
Action:      Prevailed by roll call vote.   (13-0-0-0)

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

MOTION:      ADJOURN

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



Clara Shelbourn

_________________________________

Committee Secretary
Steve Cutler, Chair


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