74th Legislative Session -- 1999
Committee: House State Affairs
Monday, March 1, 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 26, 1999.
Moved by:
Representative Roe
Second by:
Representative Koskan
Action:
Prevailed by voice vote.
SB 188:
limit the application of capital punishment.
Presented by:
Senator Gerald Lange, prime sponsor (handout 1)
MOTION:
DO PASS SB 188
Moved by:
Representative Koetzle
Second by:
Representative Lucas
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 188
o-188a
On page
1
,
line
6 of the Senate engrossed bill
,
delete "
:
"
.
On page
1
,
line
7
,
delete everything before "
defendant
"
and insert "
the
"
.
On page
1
,
line
8
,
delete "
; or
"
and insert "
.
"
.
On page
1
,
delete lines
9
to
11
, inclusive
.
Moved by:
Representative Roe
Second by:
Representative Hunt
Action:
Prevailed by show of hands.
MOTION:
DO PASS SB 188 AS AMENDED
Moved by:
Representative Eccarius
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(10-3-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Lucas, Roe, Smidt, McNenny,
Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle
SB 59:
authorize the examination and use of commercial vehicle weigh scale
tickets in the enforcement of vehicle weight restrictions and to revise certain
provisions regarding penalties for violations of such restrictions.
Proponents:
Dick Howard, lobbyist, SD Association of County Commissioners
Van Johnson, lobbyist, SD Trucking Association
Jim Keyes, lobbyist, Association of General Contractors of SD
Yvonne Vik, lobbyist, SD Municipal League
Opponents:
Jerry Weinheimer, self, Onida
J. R. Rausch, Oahe Grain, Onida
Senator Frank Kloucek, self
Ken Weinheimer, self, Pierre
Marie Ingalls, lobbyist, SD Farm Bureau
Jeff Weinheimer, self, Onida
Comments by: Jim Jenssen, Department of Transportation
Presented by:
Dave Knudson, Governor's Office
MOTION:
AMEND SB 59
o-59c
On page
2
,
after line
19 of the Senate engrossed bill
,
insert:
"
Section 6. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Any agent, patrolman, motor carrier inspector, or employee of the Department of Commerce
and Regulation may enter any place maintaining a vehicle scale used in commercial trade and inspect
and take copies of any scale ticket issued within the last six months by the agency performing the
weighing service in accordance with chapter 37-22A.
"
Moved by:
Representative Brown (Richard)
Second by:
Representative Smidt
Action:
Was not acted on.
MOTION:
AMEND THE AMENDMENT
o-59f
On the pending amendment (0-59c), line 2, after "enter", insert ", during normal business hours,".
Moved by:
Representative Brown (Richard)
Second by:
Representative Roe
Action:
Prevailed by voice vote.
PREVIOUS MOTION:
AMEND SB 59
o-59c
On page
2
,
after line
19 of the Senate engrossed bill
,
insert:
"
Section 6. That chapter 32-22 be amended by adding thereto a NEW SECTION to read as
follows:
Any agent, patrolman, motor carrier inspector, or employee of the Department of Commerce
and Regulation may enter any place maintaining a vehicle scale used in commercial trade and inspect
and take copies of any scale ticket issued within the last six months by the agency performing the
weighing service in accordance with chapter 37-22A.
"
Moved by:
Representative Brown (Richard)
Second by:
Representative Smidt
Action:
Failed by voice vote.
MOTION:
AMEND SB 59
o-59d
On page
2
,
line
18 of the Senate engrossed bill
,
delete "
the county or the
"
and insert "
a county,
township, or
"
.
Moved by:
Representative Hunt
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 59 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Brown (Richard)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 59
o-59e
On page
2
,
delete lines
2
to
7 of the Senate engrossed bill
, inclusive
.
Moved by:
Representative Koskan
Second by:
Representative Jaspers
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 59 AS AMENDED
Moved by:
Representative Hunt
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Lucas, Roe, Smidt,
Cutler
Voting no:
Jaspers, Koetzle, Koskan, McNenny
SB 233:
provide increased funding for the maintenance of state and local highways
and roads.
Proponents:
Dave Knudson, Governor's Office
Dana Nelson, Governor's Office (handout 2)
Dick Howard, lobbyist,SD County Commissioners Association
Gail Brock, Executive Director, SD Association of Towns and Townships
Jim Keyes, Executive Vice President, Associated General Contractors of SD
Yvonne Vik, lobbyist, SD Municipal League
Representative Bill Peterson
Marie Ingalls, lobbyist, SD Farm Bureau
Presented by:
Senator Mike Rounds, prime sponsor
MOTION:
AMEND SB 233
f-233f
On page
5
,
after line
24 of the Senate engrossed bill
,
insert:
"
Section 14. That
§
32-5A-1
be repealed.
32-5A-1.
Any county may, by ordinance, impose a wheel tax on all motor vehicles, as defined
in
§
32-3-1, registered in the county at a rate not to exceed four dollars per vehicle wheel. The tax
shall be administered and collected by the county. The total vehicle tax may not exceed sixteen
dollars per vehicle.
Section 15. That
§
32-5A-2
be repealed.
32-5A-2.
The proceeds from the tax created by this chapter shall be retained by the county,
deposited in a special highway fund, and the revenue may be used only for highway and bridge
maintenance and construction. The board of county commissioners shall, by resolution, establish a
means of distributing the revenue generated by this chapter among the county and the municipalities
and townships located within the county.
Section 16. That
§
32-5A-3
be repealed.
32-5A-3.
Upon purchasing a vehicle from a dealer, the purchaser shall pay the appropriate tax
at the time of title transfer. Nothing in this chapter shall prevent an automobile dealer from licensing
the vehicles on his lot without paying any taxes created by this chapter.
Section 17. That
§
32-5A-4
be repealed.
32-5A-4.
The Department of Revenue shall include on any motor vehicle registration document
mailed out to a vehicle owner prior to the annual registration of a motor vehicle, the amount of tax
imposed pursuant to
§
32-5A-1. A county in which such registration documents are mailed to motor
vehicle owners shall reimburse the Department of Revenue for the cost of implementing this section
for that county.
Section 18. That
§
32-5A-5
be repealed.
32-5A-5.
The per vehicle wheel rate imposed pursuant to
§
32-5A-1 may be imposed according
to the manufacturer's shipping weight, including accessories, and may vary according to the
following schedule:
(1)
Two thousand pounds or less, inclusive;
(2)
From 2001 to 4000 pounds, inclusive;
(3)
From 4001 to 6000 pounds, inclusive;
(4)
Over 6000 pounds.
Section 19. That
§
32-5A-6
be repealed.
32-5A-6.
If a county imposes a wheel tax pursuant to
§
32-5A-1 in excess of two dollars per
wheel, all of the revenue from the tax that is in excess of two dollars per wheel shall be used to
replace property taxes the county imposes for highway purposes.
Section 20. That
§
32-5A-7
be repealed.
32-5A-7.
If a motor vehicle is licensed for a period of time of less than twelve months, any wheel
tax imposed on such motor vehicle pursuant to this chapter shall be prorated on a monthly basis.
Section 21. That
§
32-5-78
be amended to read as follows:
32-5-78.
Except as otherwise specifically provided and except as to compensation for use of the
highways by motor carriers, the license fees and taxes imposed upon all of the classes of motor
vehicles as specified in
§
§
32-5-5 to 32-5-46, inclusive, 32-5-77, 32-5B-1, and 32-5B-20 are in lieu
of all taxes, general or local,
except for the tax created in
§
32-5A-1,
to which such vehicle would
otherwise be subject.
Section 22. That
§
32-5-129
be amended to read as follows:
32-5-129.
The secretary of revenue may license agents to perform the duties of county treasurers,
including collecting fees and taxes, registering and titling vehicles or boats, and noting liens on titles,
pursuant to this chapter,
chapter 32-5A,
chapter 32-5B, chapter 32-3, and chapter 42-8.
Section 23. That
§
32-5-135
be amended to read as follows:
32-5-135.
Licensed agents shall submit all revenue collected pursuant to chapter 32-5A to the
secretary of revenue for distribution to counties.
Licensed agents shall submit all revenue collected
pursuant to chapter 32-5B to the secretary of revenue for deposit in the state highway fund.
Section 24. The effective date of sections 14 to 23, inclusive, of this Act is January 1, 2000.
"
Moved by:
Representative Koetzle
Second by:
Representative Brown (Richard)
Action:
Prevailed by show of hands (7-6).
MOTION:
AMEND SB 233
o-233h
On page
5
,
line
20 of the Senate engrossed bill
,
delete "
May
"
and insert "
April
"
.
Moved by:
Representative Brown (Richard)
Second by:
Representative Lucas
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 233 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Eccarius
Action:
Prevailed by roll call vote.
(11-2-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koskan, Lucas,
Roe, Smidt, Cutler
Voting no:
Koetzle, McNenny
MOTION:
TO AMEND TITLE OF SB 233
f-233tf
On page
1
,
line
2 of the Senate engrossed bill
,
after "
roads
"
insert "
, to repeal the wheel tax,
"
.
Moved by:
Representative Roe
Second by:
Representative Fischer-Clemens
Action:
Prevailed by voice vote.
SB 107:
require the Corrections Commission to review any proposal to establish
or increase mandatory minimum sentences.
Opponents:
Jeff Bloomberg, Secretary, Department of Corrections
Presented by:
Senator Stan Whiting, prime sponsor (handouts 3 and 4)
MOTION:
AMEND SB 107
o-107
On page
1
,
line
6 of the Senate engrossed bill
,
delete "
Commissions not later than December
thirty-first
"
and insert "
Commission
"
.
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 107 AS AMENDED
Moved by:
Representative Haley
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 107 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative McNenny
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Koskan, Roe, Smidt,
McNenny
Voting no:
Haley, Jaspers, Koetzle, Lucas, Cutler
SB 200:
increase the penalty for possessing certain drugs near schools and certain
other youth-oriented facilities.
Comments:
Christie Johnson, lobbyist, School Administrators of SD
Gene Enck, lobbyist, Associated School Boards of SD
Janelle Toman, Department of Education and Cultural Affairs
Charlie McGuigan, Attorney General's Office
Presented by:
Representative Dick Brown
MOTION:
AMEND SB 200
t-200
On the House State Affairs 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 who commits a violation of
§
22-42-5 or 22-42-6 is guilty of a Class 6 felony if
the person is at least eighteen years of age and 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.
However, possession of a controlled drug or substance, as defined in chapter 34-20B, legally
prescribed to the person or an immediate family member by a licensed practitioner of the healing
arts, is exempt from the provisions of this section.
The sentence imposed for a conviction under this section carries a minimum sentence of
imprisonment in the state penitentiary of one year. 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 Brown (Richard)
Second by:
Representative Koskan
Action:
Was not acted on.
MOTION:
AMEND THE AMENDMENT
o-200b
On the pending amendment (t-200), in the first sentence, delete "eighteen" and insert "nineteen".
Moved by:
Representative McNenny
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
AMEND THE AMENDMENT
o-200c
On the pending amendment (t-200), in the first sentence, after "playground" insert "or alternative
instruction site".
Moved by:
Representative Fischer-Clemens
Second by:
Representative Haley
Action:
Failed by voice vote.
ORIGINAL MOTION:
AMEND SB 200
t-200
On the House State Affairs 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 who commits a violation of
§
22-42-5 or 22-42-6 is guilty of a Class 6 felony if
the person is at least eighteen years of age and 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.
However, possession of a controlled drug or substance, as defined in chapter 34-20B, legally
prescribed to the person or an immediate family member by a licensed practitioner of the healing
arts, is exempt from the provisions of this section.
The sentence imposed for a conviction under this section carries a minimum sentence of
imprisonment in the state penitentiary of one year. 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 Brown (Richard)
Second by:
Representative Koskan
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 200 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Hunt
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:
Haley, Koetzle, Lucas, Roe, McNenny
Voting no:
Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Jaspers, Koskan, Smidt, Cutler
ORIGINAL MOTION:
DO PASS SB 200 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Jaspers, Koskan, Smidt,
McNenny, Cutler
Voting no:
Haley, Koetzle, Lucas, Roe
SB 153:
revise and establish certain provisions related to recommendations for the
settlement of labor disputes.
Proponents:
Bob Stevens, lobbyist, South Dakota Education Association
Paul Aylward, lobbyist, AFL-CIO
Opponents:
Dick Tieszen, lobbyist, Associated School Boards of SD
Bob Sahr, lobbyist, Bureau of Personnel
David Owen, lobbyist, SD Chamber of Commerce and Industry
Jim Shekleton, Board of Regents
Presented by:
Representative Clarence Kooistra, sponsor
MOTION:
DO PASS SB 153
Moved by:
Representative Koetzle
Second by:
Representative Haley
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 153
o-153b
On page
1
,
line
14 of the Senate engrossed bill
,
remove the overstrikes from "
to any local
newspaper for publication for
"
.
On page
1
,
line
14
,
delete "
make
"
.
On page
1
,
line
14
,
remove the overstrikes from "
of
"
.
On page
1
,
line
14
,
delete "
available to
"
.
On page
1
,
line
15
,
delete "
by means of the internet
"
.
Moved by:
Representative Jaspers
Second by:
Representative Lucas
Action:
Prevailed by voice vote.
MOTION:
DEFER SB 153 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative McNenny
Second by:
Representative Koskan
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND SB 153
o-153
On page
2
,
line
3 of the Senate engrossed bill
,
delete "
the public employer
"
and insert "
any
school district or local government
"
.
Moved by:
Representative Lucas
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 153
o-153a
On page
2
,
line
10 of the Senate engrossed bill
,
delete "
as
"
and insert "
a
"
.
Moved by:
Representative Roe
Second by:
Representative Haley
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 153 AS AMENDED
Moved by:
Representative Lucas
Second by:
Representative Koetzle
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 153 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative Koskan
Second by:
Representative McNenny
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas, Roe
SJR 4:
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.
Proponents:
Representative Burdette Solum, sponsor
Presented by:
Senator Arnold Brown, prime sponsor
MOTION:
DO PASS SJR4
Moved by:
Representative Roe
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Hunt, Jaspers, Koskan, Lucas, Roe,
Smidt, McNenny, Cutler
Voting no:
Eccarius
Excused:
Koetzle
SB 28:
establish escrow funds to pay claims brought against tobacco product
manufacturers.
Presented by:
Charles McGuigan, Attorney General's Office
MOTION:
AMEND SB 28
o-28a
On page
4
,
line
19 of the Senate Judiciary committee engrossed bill
,
delete "
, except where such
importer
"
and insert "
. However, any entity that manufacturers cigarettes that it intends to be sold
in the United States is not a tobacco product manufacturer under this subdivision if the cigarettes are
sold in the United States exclusively through an importer that
"
.
On page
4
,
line
24
,
delete "
provided that
"
and insert "
if
"
.
On page
6
,
line
18
,
after "
Agreement
"
insert "
had it been a participating manufacturer
"
.
On page
6
,
line
18
,
after "
as
"
insert "
such payments are
"
.
On page
6
,
line
19
,
after "
Agreement
"
delete "
,
"
.
On page
6
,
line
21
,
delete "
had it been a participating
"
.
On page
6
,
line
22
,
delete "
manufacturer,
"
.
Moved by:
Representative McNenny
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 28 AS AMENDED
Moved by:
Representative McNenny
Second by:
Representative Brown (Richard)
Action:
Prevailed by roll call vote.
(12-0-1-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Hunt, Jaspers, Koskan, Lucas,
Roe, Smidt, McNenny, Cutler
Excused:
Koetzle
HCR 1015:
Requesting the Congress of the United States to pass legislation to
write off the debt of impoverished countries by the end of the year 2000 and for the
President to promote such a policy.
Proponents:
Jeff Moser, self, Pierre (handouts 8 and 9)
Nick Braune, lobbyist, SD Peace and Justice Center
Presented by:
Representative John McIntyre, prime sponsor (handouts 6 and 7)
MOTION:
DO PASS HCR1015
Moved by:
Representative Lucas
Second by:
Representative Fischer-Clemens
Action:
Failed by roll call vote.
(4-9-0-0)
Voting yes:
Fischer-Clemens, Haley, Koetzle, Lucas
Voting no:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Roe, Smidt, McNenny, Cutler
MOTION:
TO TABLE HCR1015
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
SB 145:
authorize the donation of annual leave by state employees in certain
circumstances.
Proponents:
Ken Melius, lobbyist, SD State Employees Organization
Presented by:
Representative Robert Roe, sponsor
MOTION:
DO PASS SB 145
Moved by:
Representative Roe
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
MOTION:
PLACE SB 145 ON CONSENT
Moved by:
Representative Brown (Richard)
Second by:
Representative Fischer-Clemens
Action:
Failed by voice vote.
MOTION:
TO RECESS UNTIL AFTER SESSION TODAY.
Moved by: Representative Haley
Second by:
Representative Brown (Richard)
Action:
Prevailed by voice vote.
Chairman Steve Cutler reconvened the committee meeting at 4:00 PM.
SB 210:
provide mandatory prison sentences for certain violations regarding
controlled substances and marijuana.
Proponents:
Dave Knudson, Governor's Office
Opponents:
Bob Newland, self, Hermosa (handout 10)
Curt Mortenson, self, Fort Pierre
Mike Buenger, Court Administrator, Unified Judicial System
Nick Braune, lobbyist, SD Peace and Justice Center
Senator Frank Kloucek, self
Presented by:
Governor Bill Janklow
MOTION:
AMEND SB 210
o-210f
On the Senate 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 who has been convicted of a violation of
§
§
22-42-2.1, 22-42-3 to 22-42-4.1,
inclusive, 22-42-5 to 22-42-8, inclusive, 22-42-10, 22-42-16, 22-42-19, 34-20B-42, and 34-20B-46
shall, in addition to any other penalties, be remanded to the custody of the Department of Corrections
for a period of ten days, no part of which may be waived or suspended except as provided in
§
22-
42-2.3. The secretary of the Department of Corrections shall assign the person to an institution under
the jurisdiction of the secretary.
Section 2. That
§
22-42-2.3
be amended to read as follows:
22-42-2.3.
The sentencing court may impose a sentence other than that which is required by
§
22-42-2
and section 1 of this Act
if the court finds that mitigating circumstances exist which
require a departure from the mandatory sentence imposed by
§
22-42-2
or section 1 of this Act
. The
court's finding of mitigating circumstances allowed by this section and the factual basis relied upon
by the court shall be in writing
and shall be filed with the clerk of courts
.
Section 3. The mandatory incarceration provisions of section 1 of this Act do not apply to a
child, as defined in subdivision 26-7A-1(6), unless the child is tried as an adult pursuant to
§
26-11-
3.1 or 26-11-4.
Section 4. Notwithstanding the provisions of
§
22-1-4, crimes otherwise denominated as
misdemeanors whose penalty includes an additional ten-day incarceration in the custody of the
Department of Corrections pursuant to section 1 of this Act shall remain classified as misdemeanors.
Section 5. The provisions of
§
23A-27-35 do not apply to any person whose sentence includes
no more than ten days incarceration in the custody of the Department of Corrections.
Section 6. That
§
22-6-2
be amended to read as follows:
22-6-2.
Except as otherwise provided by law, misdemeanors are divided into two classes which
are distinguished from each other by the following maximum penalties which are authorized upon
conviction:
(1)
Class 1 misdemeanor: one year imprisonment in a county jail or one thousand dollars
fine, or both;
(2)
Class 2 misdemeanor: thirty days imprisonment in a county jail or two hundred dollars
fine, or both.
Misdemeanors may include incarceration in the custody of the Department of Corrections as
provided in section 1 of this Act.
The court in imposing sentence on a defendant who has been found guilty of a misdemeanor
shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that
the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.
Except in cases where punishment is prescribed by law, every offense declared to be a
misdemeanor and not otherwise classified, is a Class 2 misdemeanor.
Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42,
inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by
a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such
act is a Class 2 misdemeanor.
Section 7. That
§
26-8C-4
be amended to read as follows:
26-8C-4.
If the court is satisfied that the best interests of the public, justice and child will be
served, the court may, without entering an adjudication of delinquency, with consent of the child,
suspend imposition of adjudication of delinquency and place the child on probation under the terms,
conditions
,
and duration required by the court.
If the proceeding involves the unlawful possession
or distribution of marijuana or a controlled drug or substance, the court shall include as a condition
of probation that the child be committed to the Department of Corrections for a period of not less
than ten days which may not be reduced unless the court finds mitigating circumstances exist which
require a departure from the mandatory ten-day incarceration in the custody of the Department of
Corrections. The court's finding of mitigating circumstances allowed by this section and the factual
basis relied upon by the court shall be in writing.
A court may revoke the suspension at any time
during the probationary period and impose an adjudication of delinquency without diminishment or
credit for any of the probationary period.
Section 8. That
§
26-8C-7
be amended to read as follows:
26-8C-7.
If
Except as provided in section 7 of this Act, if
a child has been adjudicated as a
delinquent child, the court shall enter a decree of disposition according to the least restrictive
alternative available in keeping with the best interests of the child. The decree shall contain one or
more of the following alternatives:
(1)
The court may make any one or more of the dispositions in
§
26-8B-6, except that a
delinquent child may be incarcerated in a detention facility established pursuant to
provisions of chapter 26-7A for not more than ninety days, which may be in addition to
any period of temporary custody;
(2)
The court may impose a fine not to exceed one thousand dollars;
(3)
The court may place the child on probation under the supervision of a court services
officer or another designated individual. The child may be required as a condition of
probation to report for assignment to a supervised work program, provided the child is not
deprived of the schooling that is appropriate for the child's age, needs and specific
rehabilitative goals. The supervised work program shall be of a constructive nature
designed to promote rehabilitation, appropriate to the age level and physical ability of the
child, and shall be combined with counseling by the court services officer or other
guidance personnel. The supervised work program assignment shall be made for a period
of time consistent with the child's best interests, but for not more than ninety days;
(4)
The court may place the child at the Human Services Center for examination and
treatment;
(5)
The court may commit the child to the Department of Corrections;
(6)
The court may place the child in a detention facility for not more than ninety days, which
may be in addition to any period of temporary custody;
(7)
The court may place the child in an alternative educational program;
(8)
The court may order the suspension or revocation of the child's driving privilege or
restrict the privilege in such manner as it sees fit.
Section 9. That chapter 26-8C be amended by adding thereto a NEW SECTION to read as
follows:
If a child has been adjudicated as a delinquent child for a violation of state law regarding the
possession or distribution of marijuana or a controlled drug or substance, the court shall enter a
decree of disposition committing the child to the Department of Corrections for a period of not less
than ten days unless the court finds mitigating circumstances exist which require a departure from
the mandatory ten-day incarceration in the custody of the Department of Corrections. The court's
finding of mitigating circumstances allowed by this section and the factual basis relied upon by the
court shall be in writing. Probation, suspended imposition of adjudication of delinquency, suspended
execution of adjudication of delinquency, or discharged under
§
26-7A-122 may not form the basis
for reducing the mandatory time of commitment required by this section to less than ten days.
Section 10. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as
follows:
The Governor may offer a standing reward of not more than one thousand dollars for evidence
leading to the arrest and conviction of any person or persons guilty of any violation of chapter 22-42,
§
34-20B-42, or 34-20B-46. The Governor may also offer special rewards in reasonable amounts for
the purpose of securing the arrest and conviction of any person or persons charged with a felony
under this section.
Section 11. There is hereby appropriated from the general fund the sum of one million dollars
($1,000,000), or so much thereof as may be necessary, to the Office of the Governor for the purpose
of making payments for the rewards authorized in section 10 of this Act.
Section 12. The Governor shall approve vouchers and the state auditor shall draw warrants to pay
expenditures authorized by this Act.
"
Moved by:
Representative Koskan
Second by:
Representative Jaspers
Action:
Prevailed by roll call vote.
(9-4-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Hunt, Jaspers, Koskan, Smidt,
McNenny, Cutler
Voting no:
Haley, Koetzle, Lucas, Roe
MOTION:
DO PASS SB 210 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(8-5-0-0)
Voting yes:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Lucas, Roe
SB 221:
clarify and revise certain provisions relating to the exchange of school
lands and to declare an emergency.
Proponents:
Curt Johnson, Commissioner of School and Public Lands
Gene Enck, lobbyist, Associated School Boards of South Dakota
Presented by:
Senator Paul Dennert, prime sponsor
MOTION:
DO PASS SB 221
Moved by:
Representative Roe
Second by:
Representative Lucas
Action:
Prevailed by roll call vote.
(12-1-0-0)
Voting yes:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Jaspers, Koetzle, Koskan,
Lucas, Roe, Smidt, McNenny, Cutler
Voting no:
Hunt
SB 208:
create the Postsecondary Education Advance Payment Plan Task Force.
Proponents:
Carol Stonefield, Director of Information, Board of Regents
Presented by:
Senator John Reedy, prime sponsor
MOTION:
DO PASS SB 208
Moved by:
Representative Lucas
Second by:
Representative Roe
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 208 UNTIL THE 41ST LEGISLATIVE
DAY
Moved by:
Representative McNenny
Second by:
Representative Koskan
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
MOTION:
SUBSTITUTE MOTION AMEND SB 208
o-208
On the Senate Education committee engrossed bill,
delete everything after the enacting clause
and insert:
"
Section 1. The Executive Board of the Legislative Research Council shall consider the
appointment of an interim committee to study the feasibility of a program to allow for the advance
payment of tuition.
"
Moved by:
Representative Koskan
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:
DEFER SB 208 UNTIL THE 41ST LEGISLATIVE DAY
Moved by:
Representative Lucas
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Hunt, Jaspers, Koetzle, Lucas, Smidt, McNenny, Cutler
Voting no:
Brown (Richard), Eccarius, Fischer-Clemens, Haley, Koskan, Roe
HCR 1012:
Calling upon the United States Department of Justice and the Attorneys
General of Minnesota, South Dakota, Iowa, and Nebraska to investigate collusive
practices in the midwestern food processing industries.
Opponents:
Charlie McGuigan, Attorney General's Office
Presented by:
Senator Frank Kloucek, prime sponsor
MOTION:
AMEND HCR1012
o-c1012
On page
638
,
line
4 of the House Journal
,
delete "
and
"
.
On page
638
,
line
5
,
delete everything before "
to
"
.
On page
638
,
line
28
,
delete "
and that the attorneys general of
"
.
On page
638
,
delete line
29
.
On page
638
,
line
30
,
delete everything before "
and
"
.
Moved by:
Representative Roe
Second by:
Representative Smidt
Action:
Prevailed by voice vote.
MOTION:
ADOPT RESOLUTION HCR1012 AS AMENDED
Moved by:
Representative Roe
Second by:
Representative Smidt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Smidt, Cutler
Voting no:
Brown (Richard), Eccarius, Hunt, Jaspers, Koskan, McNenny
MOTION:
ADJOURN
Moved by:
Representative Brown (Richard)
Second by:
Representative Jaspers
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary