74th Legislative Session -- 1999
Committee: House State Affairs
Friday, February 19, 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 16 and February 17.
Moved by:
Representative Roe
Second by:
Representative McNenny
Action:
Prevailed by voice vote.
SB 5:
establish the value added agriculture subfund and provide for its funding and
disbursement.
Proponents:
Ron Wheeler, Governor's Office of Economic Development
Senator Bob Benson, prime sponsor
Brenda Forman, lobbyist, Ag Unity
Marie Ingalls, lobbyist, SD Farm Bureau
Presented by:
Representative Mike Jaspers, sponsor
MOTION:
DO PASS SB 5
Moved by:
Representative Roe
Second by:
Representative Hunt
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
SB 200:
increase the penalty for possessing certain drugs near schools and certain
other youth-oriented facilities.
Proponents:
Dave Knudson, Governor's Office
Janelle Toman, Department of Education and Cultural Affairs
Gene Enck, lobbyist, Associated School Boards of SD
Opponents:
Senator Barbara Everist (handout 1)
Presented by:
Representative Richard Brown, sponsor
MOTION:
AMEND SB 200
o-200
On the Senate Judiciary Committee Engrossed Bill, delete all amendments, thus restoring the bill
to the printed version.
Moved by:
Representative Brown (Richard)
Second by:
Representative Jaspers
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 200
r-200c
On the Senate Judiciary committee engrossed bill,
delete everything after the enacting clause and
insert:
"
Section 1. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:
Any person, twenty-one years of age or older, who commits a felony violation of
§
22-42-5 or 22-
42-6, if such activity has taken place:
(1)
In, on, or within one thousand feet of real property comprising a public or private
elementary or secondary school or a playground; or
(2)
In, on, or within five hundred feet of real property comprising a public or private youth
center, public swimming pool, or video arcade facility;
is guilty of a Class 4 felony.
The sentence imposed for a conviction under this section carries a minimum sentence of
imprisonment in the state penitentiary of five years. Any sentence imposed under this section shall be
consecutive to any other sentence imposed for the principal felony. The court may not place on
probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any
person convicted of a violation of this section. However, the sentencing court may impose a sentence
other than that specified in this section if the court finds that mitigating circumstances exist which
require a departure from the mandatory sentence provided for in this section. The court's finding of
mitigating circumstances allowed by this section and the factual basis relied upon by the court shall
be in writing.
It is not a defense to the provisions of this section that the defendant did not know the distance
involved. It is not a defense to the provisions of this section that school was not in session.
"
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Failed by show of hands (6-6-1).
ORIGINAL MOTION:
AMEND SB 200
o-200
On the Senate Judiciary Committee Engrossed Bill, delete all amendments, thus restoring the bill
to the printed version.
Moved by:
Representative Brown (Richard)
Second by:
Representative Jaspers
Action:
Prevailed by show of hands (7-6).
MOTION:
DO PASS SB 200 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Brown (Richard)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 200 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Haley
Second by:
Representative Koetzle
Action:
Failed by roll call vote.
(5-8-0-0)
Voting yes:
Fischer-Clemens, Haley, Koetzle, Lucas, Roe
Voting no:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
ORIGINAL MOTION:
DO PASS SB 200 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Smidt, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas, Roe, McNenny
HCR 1008:
Urging the United States Congress to establish an equitable policy related
to the tax deductibility of health insurance premiums.
Proponents:
Dick Tieszen, lobbyist, Associated School Boards of SD
Craig Matson, lobbyist, State Farm Insurance
Mike Shaw, lobbyist, American Family Insurance
Presented by:
Representative Dana Windhorst, prime sponsor
MOTION:
ADOPT RESOLUTION HCR1008
Moved by:
Representative Brown (Richard)
Second by:
Representative Koetzle
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Jaspers, Koetzle, Koskan,
Lucas, Roe, Smidt, McNenny, Cutler
Excused:
Hunt
HCR 1005:
Congratulating the Dakota, Minnesota & Eastern Railroad and the
Landowner Advisory Board for achieving agreement on the railroad's expansion
project.
Opponents:
Harry Christianson, lobbyist, Midwest Coallition for Progress/SD
Presented by:
Representative Ron Volesky, prime sponsor
MOTION:
DEFER HCR1005 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Brown (Richard)
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(10-1-2-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Jaspers, Koetzle, Koskan, Lucas,
Smidt, Cutler
Voting no:
Haley
Excused:
Roe, McNenny
SB 149:
require the establishment of a cost recovery method or mechanism for
telecommunication companies to recover the cost of certain mandated services.
Opponents:
Jim Burg, Public Utilities Commission
The Chair deferred SB 149 until Monday, February 22.
SCR 3:
Defending South Dakota's right to all funds to be received through the 1998
tobacco settlement.
Presented by:
Senator Randy Frederick, prime sponsor
MOTION:
AMEND SCR3
o-c3a
On page
2
,
line
1 of the Senate State Affairs committee engrossed resolution
,
delete "
be
memorialized to
"
.
Moved by:
Representative Eccarius
Second by:
Representative Smidt
Action:
Failed by voice vote.
MOTION:
THAT SCR3 BE CONCURRED IN
Moved by:
Representative Roe
Second by:
Representative Brown (Richard)
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 Koskan
Second by:
Representative Brown (Richard)
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary
Steve Cutler, Chair
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