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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