74th Legislative Session -- 1999
Committee: House State Affairs
Friday, February 12, 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 Vice Chair Kenneth McNenny.
MOTION:
TO APPROVE THE MINUTES OF Wednesday, February 10
Moved by:
Representative Koskan
Second by:
Representative Jaspers
Action:
Prevailed by voice vote.
HB 1253:
transfer revenue from the employer's investment in South Dakota's
future fund to the general fund.
Opponents:
Ron Wheeler, Governor's Office of Economic Development
Dave Owen, lobbyist, SD Chamber of Commerce and Industry
Presented by:
Representative Larry Lucas, prime sponsor
MOTION:
DEFER HB 1253 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Koskan
Second by:
Representative Jaspers
Action:
Prevailed by roll call vote.
(9-2-2-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
Voting no:
Koetzle, Lucas
Excused:
Fischer-Clemens, Haley
Chairman Steve Cutler assumed the chair.
HB 1281:
exempt certain minors and mentally retarded persons from the death
penalty and to provide for a determination of mental retardation in such cases.
Proponents:
Dr. Frank Dame, self, Pierre (handout 2)
Nick Braune, lobbyist, SD Peace and Justice Center
Opponents:
Chuck Schroyer, lobbyist, SD States Attorneys Association
Presented by:
Representative Mike Wilson, prime sponsor
MOTION:
AMEND HB 1281
o-1281
On page
2
,
delete lines
1
to
21 of the printed bill
, inclusive
.
On page
2
,
line
24
,
delete "
Notwithstanding the provisions of sections 4 to 6, inclusive, of this
Act at
"
and insert "
At
"
.
On page
3
,
line
14
,
delete everything after "
.
"
.
On page
3
,
delete lines
15
and
16
.
On page
3
,
line
19
,
delete "
section 7
"
and insert "
section 4
"
.
On page
4
,
line
17
,
delete "
section 10
"
and insert "
section 7
"
.
Moved by:
Representative Lucas
Second by:
Representative Koetzle
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1281 AS AMENDED
Moved by:
Representative Lucas
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1281 UNTIL Wednesday, February 17
Moved by:
Representative Hunt
Second by:
Representative Eccarius
Action:
Failed by voice vote.
MOTION:
SUBSTITUTE MOTION DEFER HB 1281 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Cutler
HB 1284:
repeal capital punishment.
MOTION:
RECONSIDER THE VOTE BY WHICH HB 1284 PASSEDLOST
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Prevailed unanimously by voice vote.
MOTION:
DO PASS HB 1284
Moved by:
Representative Haley
Second by:
Representative Fischer-Clemens
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO NOT PASS HB 1284
Moved by:
Representative Hunt
Second by:
Representative McNenny
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Cutler
MOTION:
SUBSTITUTE MOTION WITHOUT RECOMMENDATION
Moved by:
Representative Jaspers
Second by:
Representative Hunt
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Cutler
ORIGINAL MOTION:
DO PASS HB 1284
Moved by:
Representative Haley
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Cutler
Voting no:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny
HB 1264:
clarify the meaning of the term, biologically-based mental illness.
Proponents:
Dick Tieszen, lobbyist, Associated School Boards of SD
Darla Lyon, Director, Division of Insurance
Donna Yocom, self, Brookings
Darla Pollman-Rogers, lobbyist, Health Insurance Association
Kristine Kreiter, lobbyist, Wellmark Blue Cross Blue Shield of SD
Bob Sahr, lobbyist, Bureau of Personnel
Mike Sahw, lobbyist, American Family Insurance
Helen Dafoe, self, Sioux Falls
Betty Oldenkamp, Department of Human Services
Presented by:
Representative Deb Fischer-Clemens, prime sponsor
MOTION:
DO PASS HB 1264
Moved by:
Representative Brown (Richard)
Second by:
Representative Fischer-Clemens
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
HB 1274:
provide for an early presidential primary.
Proponents:
Representative Bill Peterson, sponsor
Dwight Adams, campaign manager, Bush and Dole campaigns (via phone call)
Opponents:
Representative Jerry Apa
Rich Sattgast, lobbyist, SD Association of County Officials
Presented by:
Representative Orville Smidt, prime sponsor (handouts 3 and 4)
MOTION:
DO PASS HB 1274
Moved by:
Representative Koskan
Second by:
Representative Jaspers
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Brown (Richard), Haley, Hunt, Jaspers, Koskan, Smidt, Cutler
Voting no:
Eccarius, Fischer-Clemens, Lucas, Roe
Excused:
Koetzle, McNenny
HB 1298:
require all programs and degrees provided by the Board of Regents be
offered or conferred by the existing institutions.
Proponents:
Dave Knudson, Governor's Office
Other testimony was taken previously
MOTION:
AMEND HB 1298
o-1298
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That chapter 13-53 be amended by adding thereto a NEW SECTION to read as
follows:
The Board of Regents may at non-campus locations across the state provide such academic
programs as the board deems appropriate. However, all such academic programs shall be offered
directly by the following institutions:
(1) University of South Dakota;
(2) South Dakota State University;
(3) South Dakota School of Mines and Technology;
(4) Northern State University;
(5) Black Hills State University; or
(6) Dakota State University.
No postsecondary degrees may be awarded or conferred except by the above institutions.
"
Moved by:
Representative Hunt
Second by:
Representative Brown (Richard)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1298 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(11-0-2-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koskan, Lucas,
Roe, Smidt, Cutler
Excused:
Koetzle, McNenny
MOTION:
TO AMEND TITLE OF HB 1298
o-1298t
On page
1
,
line
1 of the printed bill
,
delete "
offered by the Sioux Falls Center
"
and insert "
and
degrees provided by the Board of Regents be offered or conferred by the existing institutions.
"
.
On page
1
,
delete lines
2
and
3
.
Moved by:
Representative Roe
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Representative Eccarius
Second by:
Representative Koskan
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Steve Cutler, Chair
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