74th Legislative Session -- 1999
Committee: House State Affairs
Tuesday, February 16, 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 12, 1999.
Moved by:
Representative McNenny
Second by:
Representative Jaspers
Action:
Prevailed by voice vote.
HB 1001:
provide for the assessment of property based on its acquisition value.
MOTION:
DEFER HB 1001 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Roe
Second by:
Representative Lucas
Action:
Prevailed by roll call vote.
(7-3-3-0)
Voting yes:
Fischer-Clemens, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt
Voting no:
Eccarius, McNenny, Cutler
Excused:
Brown (Richard), Haley, Hunt
HJR 1001:
Proposing and submitting to the electors at the next general election an
amendment to Article XI, section 2 of the Constitution of the State of South
Dakota, relating to the method used to assess the value of property.
MOTION:
DEFER HJR1001 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by roll call vote.
(7-3-3-0)
Voting yes:
Fischer-Clemens, Jaspers, Koetzle, Koskan, Lucas, Roe, Smidt
Voting no:
Eccarius, McNenny, Cutler
Excused:
Brown (Richard), Haley, Hunt
HB 1292:
make legislative findings and recommendations for improvement to the
911 emergency notification system and to provide for the development of a
statewide comprehensive plan.
Proponents:
Dave Knudson, Governor's Office (handout 1)
Brian Meyer, lobbyist, SD Association of Telephone Cooperatives
Jim Burg, Public Utilities Commission
Opponents:
Yvonne Vik, lobbyist, SD Municipal League
Bob Mallow, Meade County Commission, Sturgis
Dennis Gorton, Law Enforcement Joint Council, Rapid City
Steve Willard, lobbyist, SD Police Chiefs Association
Mark Mills, SD APCO, Aberdeen
Paul Linnee, GEO Comm Corp., St. Cloud, MN
Dick Howard, lobbyist, SD County Commissioners Association
Ron Merwin, Meade County Sheriff, Sturgis,
Representative Claire Konold
Tom Sandvick, Lawrence County, Deadwood
Presented by:
Representative Scott Eccarius, prime sponsor
MOTION:
AMEND HB 1292
o-1292a
On page
2
,
line
6 of the printed bill
,
after "
those
"
insert "
state
"
.
On page
2
,
line
16
,
delete "
at the discretion of the Governor
"
and insert "
and shall be expanded
to include at least one representative from each of the following groups: Division of Highway Patrol,
telecommunications companies, municipal government, police chiefs, county government, sheriffs,
fire services, emergency managers, emergency medical technicians, and existing public safety
answering points
"
.
On page
2
,
line
17
,
after “plan” insert “, conduct public hearings, and seek additional public
input as deemed appropriate.
On page
2
,
line
20
,
delete "
propose one or more model
"
and insert "
review current
"
.
On page
2
,
line
21
,
delete "
for the consolidation
"
.
On page
2
,
line
22
,
after "
center.
"
insert "
The plan shall identify the costs, funding, services, and
timetable for implementation of recommended configurations or other proposed changes.
"
.
On page
3
,
line
7
,
delete "
establish
"
and insert "
further be based on
"
.
On page
3
,
line
16
,
delete everything after "
Legislature
"
and insert "
seeks the fewest
"
.
On page
3
,
line
17
,
delete "
services can be provided by a far fewer
"
.
On page
3
,
line
17
,
delete "
currently operational and planned
"
.
On page
3
,
line
20
,
delete "
the number and location of the
"
and insert "
a configuration of
"
.
On page
3
,
line
20
,
after "
Dakota
"
insert "
based on a set of minimum technical, operational, and
procedural standards
"
.
On page
3
,
after line
20
,
insert:
"
Section 8. The Legislature shall approve the comprehensive telecommunications plan.
"
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1292
o-1292
On page
2
,
line
2 of the printed bill
,
after "
develop
"
insert "
in cooperation with the groups
identified in section 3 of this Act
"
.
Moved by:
Representative McNenny
Second by:
Representative Koskan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1292 AS AMENDED
Moved by:
Representative Koetzle
Second by:
Representative Eccarius
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 1198:
revise certain provisions related to market development and promotion
activities by certain commodity checkoff programs and the expenses associated
with such activities.
Proponents:
Bob Sahr, lobbyist, Bureau of Personnel
Presented by:
Jeff Fox, lobbyist, SD Ag Producers Association
MOTION:
AMEND HB 1198
o-1198
On the printed bill,
delete everything after the enacting clause and insert:
"
Section 1. That
§
3-9-2
be amended to read as follows:
3-9-2.
The State Board of Finance
shall have authority to
may
fix the maximum amount which
may be allowed per day or fraction of a day as reimbursement for expenses for meals and lodging
necessarily incurred by state officers and employees in the performance of their duties as such while
away from their places of residence or headquarters station, and change such maximum allowance
from time to time as it may deem just and proper under existing conditions. The State Board of
Finance
shall have authority in its discretion to
may
authorize reimbursement on a per diem basis,
in lieu of the method described above or any other method provided by law, and fix the amount per
day or fraction of a day which may be allowed, and may from time to time
in its discretion
change
such amount as it may deem just and proper under existing conditions.
The head of an agency as
defined in
§
1-32-1 may authorize an employee to be reimbursed for actual costs of lodging and
meals if:
(1) The lodging and meals are in furtherance of the state's interests, concerns, and activities;
(2) The activities for which the lodging and meals are required fall within the scope of the
agency's responsibilities; and
(3) The employee is performing official duties related to trade servicing or promotional
activities.
The authorization shall be made on a form prescribed by the Governor and shall accompany the
claim filed pursuant to
§
3-9-8.
The provisions of this section and the amounts fixed by the State
Board of Finance shall prevail notwithstanding the provisions of other statutes, such as provision that
a state officer or employee shall be paid or reimbursed for his actual and necessary traveling
expenses.
"
Moved by:
Representative Jaspers
Second by:
Representative Koskan
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1198 AS AMENDED
Moved by:
Representative Koetzle
Second by:
Representative Jaspers
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Jaspers, Koetzle, Koskan, Lucas, Roe,
Smidt, McNenny, Cutler
Voting no:
Eccarius, Hunt
MOTION:
TO AMEND TITLE OF HB 1198
o-1198t
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
revise certain
provisions regarding the expenses of state officers and employees which are reimbursable.
"
.
On page
1
,
delete lines
2
and
3
.
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
HB 1197:
revise certain provisions related to the organizational characteristics of
certain commodity check-off programs.
MOTION:
TO TABLE HB 1197
Moved by:
Representative Jaspers
Second by:
Representative Roe
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 1240:
declare that the Wheat Utilization, Research and Market Development
Commission, the South Dakota Oilseeds Council, the South Dakota Soybean
Research and Promotion Council, and the South Dakota Corn Utilization Council,
are not agencies of the State of South Dakota, to repeal their rulemaking authority,
and to revise other provisions relating to them and the Department of Agriculture.
Presented by:
Jeff Fox, lobbyist, SD Ag Producers Association (handout 2)
There was a pending amendment from a previous meeting on HB 1240.
MOTION:
SUBSTITUTE MOTION AMEND HB 1240
f-1240
On page
1
,
delete lines
7
to
16 of the printed bill
, inclusive
.
On page
2
,
delete lines
1
to
25
, inclusive
.
On page
3
,
delete lines
1
to
24
, inclusive
.
On page
4
,
line
11
,
after "
council.
"
insert "
The council shall annually submit a financial report
and informational budget along with an audit to the secretary of agriculture. However, the council
is not required to submit an audit, if the Department of Legislative Audit elects to perform the
audit.
"
.
On page
5
,
line
25
,
after "
council.
"
insert "
The council shall annually submit a financial report
and informational budget along with an audit to the secretary of agriculture. However, the council
is not required to submit an audit, if the Department of Legislative Audit elects to perform the
audit.
"
.
On page
8
,
line
6
,
after "
council.
"
insert "
The council shall annually submit a financial report
and informational budget along with an audit to the secretary of agriculture. However, the council
is not required to submit an audit, if the Department of Legislative Audit elects to perform the
audit.
"
.
Moved by:
Representative Brown (Richard)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1240
f-1240a
On page
5
,
delete line
13 of the printed bill
,
and insert "
council may implement procedures,
including:
"
.
On page
5
,
delete line
14
.
On page
7
,
line
8
,
delete "
Department of Agriculture
"
and insert "
council
"
.
On page
7
,
delete line
9
,
and insert "
implement
"
.
On page
9
,
delete line
10
,
and insert "
The council may implement
"
.
Moved by:
Representative Jaspers
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1240 AS AMENDED
Moved by:
Representative Jaspers
Second by:
Representative Roe
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Jaspers, Koetzle, Koskan, Roe, Smidt,
McNenny, Cutler
Voting no:
Eccarius, Hunt, Lucas
MOTION:
TO AMEND TITLE OF HB 1240
t-1240t
On page
1
,
line
1 of the printed bill
,
delete everything after "
that
"
.
On page
1
,
line
2
,
delete "
Development Commission,
"
.
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
HB 1248:
establish the maintenance and repair fund for state dams and to provide
for its funding.
Presented by:
Representative Mike Jaspers, prime sponsor
MOTION:
DO PASS HB 1248
Moved by:
Representative Brown (Richard)
Second by:
Representative Roe
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 1132:
establish a workforce development initiative within the Department of
Social Services.
Opponents:
Jim Ellenbecker, Secretary, Department of Social Services (handout 5)
Presented by:
Representative Clarence Kooistra, prime sponsor (handouts 3 and 4)
MOTION:
AMEND HB 1132
r-1132
On page
1
,
line
12 of the printed bill
,
after "
this
"
insert "
separate state
"
.
On page
1
,
after line
14
,
insert:
"
Section 2. That chapter 28-7A be amended by adding thereto a NEW SECTION to read as
follows:
To be eligible for any grants from the work force development initiative program as provided
by section 1 of this Act, a person shall be:
(1) A single adult in a family eligible for temporary assistance for needy families;
(2) A resident of the state for at least two years prior to starting a postsecondary educational
program or be a graduate of a South Dakota high school;
(3) Employed at least thirty hours per week for ten or more of the sixteen weeks prior to
registration and enrollment in a postsecondary education program;
(4) Enrolled at a postsecondary institution approved by the department and accredited within
the State of South Dakota;
(5) Enrolled in a program which leads to a specific occupation;
(6) Maintaining a cumulative grade point average of at least a "C;"
(7) Maintaining an enrollment of at least twelve credit hours each semester and a total of
thirty credits per school year;
(8) Employed for a minimum of thirty hours per week for ten weeks between spring and fall
semesters if the participant is not enrolled in more than six credit hours. The department
may waive this requirement for good cause; and
(9) Cooperating with assignments, establishing paternity, and pursuing child support during
the performance period. The child support unit shall immediately report any lack of
maintenance of this requirement. The department may waive this requirement for good
cause.
A person becomes ineligible for the grants if there is any break in eligibility for temporary
assistance for needy families unless the break is due to excess earned income or child support or
both.
"
Moved by:
Representative Brown (Richard)
Second by:
Representative Fischer-Clemens
Action:
Prevailed by show of hands.
MOTION:
DO PASS HB 1132 AS AMENDED
Moved by:
Representative Koetzle
Second by:
Representative Roe
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1132 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative McNenny
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
Voting no:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Koetzle, Lucas, Roe
ORIGINAL MOTION:
DO PASS HB 1132 AS AMENDED
Moved by:
Representative Koetzle
Second by:
Representative Roe
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe
Voting no:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
MOTION:
WITHOUT RECOMMENDATION
Moved by:
Representative Roe
Second by:
Representative Haley
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe
Voting no:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
MOTION:
TO TABLE HB 1132
Moved by:
Representative Jaspers
Second by:
Representative McNenny
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe
MOTION:
ADJOURN
Moved by:
Representative Koskan
Second by:
Representative Roe
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary