74th Legislative Session -- 1999

Committee: Senate Appropriations

Friday, February 12, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dennert
P      Duxbury
P      Lange
P      Benson
P      Bogue
P      Hainje
P      Kleven
P      Staggers
P      Drake, Vice-Chair
P      Frederick, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Frederick


MOTION:      TO APPROVE THE MINUTES OF January 29,1999

Moved by:      Senator Kleven
Second by:      Senator Drake
Action:      Prevailed by voice vote.

          SB 240:   provide certain financial and academic benefits to teachers who have obtained national certification.

Proponents:      Mr. Robert Stevens, South Dakota Education Association
Opponents:      Ms. Janelle Toman, South Dakota Department of Education and Cultural Affairs
Presented by:      Senator Hutmacher

MOTION:      DO PASS SB 240

Moved by:      Senator Lange
Second by:      Senator Dennert
Action:      Was not acted on.


MOTION:      SUBSTITUTE MOTION DEFER SB 240 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Drake
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (7-3-0-0)

Voting yes:      Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

Voting no:      Dennert, Duxbury, Lange

          SB 13:   repeal certain exemptions for national guard members and discharged members from certain taxes and military duty.



MOTION:      DO PASS SB 13

Moved by:      Senator Benson
Second by:      Senator Bogue
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

MOTION:      PLACE SB 13 ON CONSENT

Moved by:      Senator Lange
Second by:      Senator Kleven
Action:      Prevailed by voice vote.

          SB 26:   authorize the sale of a tract of land in Brookings County used by the Agricultural Experiment Station research program, to provide for the deposit of the sale proceeds, and to revise the allocation of the Board of Regents endowed institution interest and income fund to reflect the value of such sale.



MOTION:      DO PASS SB 26

Moved by:      Senator Hainje
Second by:      Senator Lange
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 38:   repeal certain provisions regarding the transfer of funds from the regulated substance response fund and to make an appropriation to the fund.



MOTION:      AMEND SB 38

b-38

     On page 1 , after line 13 of the printed bill , insert:

"
     Section 3. That § 34A-12-4 be amended to read as follows:

     34A-12-4.   When necessary in the performance of his the secretary's duties under § §   23A-27-25, 34A-1-39, 34A-2-75, 34A-6-1.4, 34A-6-1.31, 34A-11-9, 34A-11-10, 34A-11-12, 34A-11-14, 34A-12-1 to 34A-12-15, inclusive, 38-20A-9, 45-6B-70, 45-6C-45, 45-6D-60, and 45-9-68 and Title 34A relative to discharges, the secretary may expend funds from the response fund to provide for the costs of investigations, emergency remedial efforts, corrective actions , and managerial or administrative activities associated with such activities. The secretary's use of the response fund shall be based upon the following:

             (1)      In the case of an investigation, when the secretary determines that a discharge has probably requiring an emergency remedial effort may have occurred and that the general operating budget of the department for such purposes is not adequate to cover the costs of the necessary investigatory activities;

             (2)      In the case of an emergency remedial effort, when the secretary determines that a discharge has occurred and that corrective actions shall be immediately undertaken to protect an imminent threat to the public health or safety or to contain a discharge which, if not immediately contained, shall in time pose a significantly greater threat to public health or safety or to the environment of this state than if such action is not immediately taken;

             (3)      In the case of a discharge not of an emergency nature when the secretary determines that a discharge has occurred, that a responsible party or liability fund capable of performing the corrective actions either cannot be identified or refuses to undertake corrective actions, and that corrective actions shall be undertaken to protect the public health, safety, welfare, or environment of the state. "


Moved by:      Senator Benson
Second by:      Senator Bogue
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 38 AS AMENDED

Moved by:      Senator Duxbury
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 216:   make an appropriation for adult basic education.



MOTION:      DO PASS SB 216

Moved by:      Senator Duxbury
Second by:      Senator Dennert
Action:      Prevailed by roll call vote.   (10-0-0-0)

Voting yes:      Dennert, Duxbury, Lange, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

          SB 140:   make an appropriation to provide for an electronic voting machine in the senate chamber.



MOTION:      DO PASS SB 140 AS AMENDED

Moved by:      Senator Dennert
Second by:      None
Action:      Died for a lack of a second

MOTION:      DEFER SB 140 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Kleven
Second by:      Senator Benson
Action:      Prevailed by roll call vote.   (8-2-0-0)

Voting yes:      Dennert, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

Voting no:      Duxbury, Lange

MOTION:      TO APPROVE THE MINUTES OF January 26, 1999

Moved by:      Senator Lange
Second by:      Senator Drake
Action:      Prevailed by voice vote.

          SB 147:   revise certain provisions regarding longevity compensation for state employees.



MOTION:      DO PASS SB 147

Moved by:      Senator Lange
Second by:      Senator Duxbury
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 147 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Drake
Second by:      Senator Kleven
Action:      Prevailed by roll call vote.   (8-2-0-0)

Voting yes:      Dennert, Benson, Bogue, Hainje, Kleven, Staggers, Drake, Frederick

Voting no:      Duxbury, Lange

MOTION:      ADJOURN

Moved by:      Senator Hainje
Second by:      Senator Kleven
Action:      Prevailed by voice vote.



Deborah Rumrill

_________________________________

Committee Secretary
Randy D. Frederick, Chair


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