74th Legislative Session -- 1999
Committee: Senate State Affairs
Wednesday, February 17, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Dunn (Jim)
P
Munson (David)
P
Hutmacher
P
Lawler
P
Symens
P
Everist
P
Whiting
P
Rounds, Vice-Chair
P
Halverson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Halverson
MOTION:
TO APPROVE THE MINUTES OF 2/12/99
Moved by:
Senator Symens
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
SB 4:
increase the excise tax on certain motor fuels.
Proponents:
Senator Vitter,Hill City, South Dakota
MOTION:
TO TABLE SB 4
Moved by:
Senator Whiting
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
HCR 1002:
Endorsing and supporting international freedom from persecution for
religious beliefs.
Proponents:
Representative Hunt, Brandon, South Dakota
Senator Symens,Amherst, South Dakota
Nathan Schock, South Dakota Family Policy Council
MOTION:
AMEND HCR1002
o-c1002a
On page
3
,
line
19 of the House State Affairs committee engrossed resolution
,
delete everything
after "
RESOLVED,
"
.
On page
3
,
line
20
,
delete "
Religious Freedom Act of 1998,
"
.
On page
3
,
line
20
,
delete "
as
"
.
On page
3
,
line
21
,
delete "
together
"
and insert "
be commended for the appointment of
Archbishop Theodore McCarrick, who has a strong record of uncompromising opposition towards
religious persecution, to the Commission on International Religious Freedom, and that Senator
Daschle,
"
.
On page
3
,
line
22
,
after "
of
"
insert "
additional commission
"
.
Moved by:
Senator Symens
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
MOTION:
THAT HCR1002 BE CONCURRED IN AS AMENDED
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
HB 1095:
revise certain administrative rules relating to telecommunications
services.
Proponents:
Representative Hunt
MOTION:
DO PASS HB 1095
Moved by:
Senator Symens
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
PLACE HB 1095 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Symens
Action:
Prevailed by voice vote.
HB 1143:
permit municipalities and school districts to open their polling places
earlier.
Proponents:
Representative Hunt, Brandon,South Dakota
MOTION:
DO PASS HB 1143
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
PLACE HB 1143 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
HJR 1005:
Proposing and submitting to the electors at the next general election an
amendment to Article VIII of the Constitution of the State of South Dakota,
relating to the classification of property for purposes of taxation.
Proponents:
Representative McNenny, Sturgis, South Dakota
MOTION:
DO PASS HJR1005
Moved by:
Senator Whiting
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
HB 1288:
revise certain time frames for election procedures that follow an election.
Proponents:
Representative Solum,Watertown, South Dakota
Chris Nelson, Office of Secretary of State
MOTION:
DO PASS HB 1288
Moved by:
Senator Lawler
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
PLACE HB 1288 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
HB 1196:
allow the investment council to invest certain public funds and to restrict
the investment of certain public funds.
Proponents:
Malcolm McKillop, Associated School Boards
MOTION:
DO PASS HB 1196
Moved by:
Senator Munson (David)
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
PLACE HB 1196 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
HCR 1007:
Requesting federal legislation that prohibits the federal government
from recouping any of the state tobacco settlement funds.
Proponents:
Representative Patterson, Sioux Falls, South Dakota
MOTION:
THAT HCR1007 BE CONCURRED IN
Moved by:
Senator Hutmacher
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
PLACE HCR1007 ON CONSENT
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by Voice Vote.
MOTION:
To suspend the rules to add the following confirmations to today's agenda:
Confirmation of Doneen Hollingsworth as Secretary of the Department of Health.
Confirmation of James W. Ellenbecker as Secretary of the Department of Social
Services.
Confirmation of Donald J. Goldhorn as Assistant Adjutant General, Army.
Confirmation of Craig W. Johnson as Secretary of the Department of Labor.
Confirmation of Gary R. Viken as Secretary of the Department of Revenue.
Confirmation of John N. Jones as Secretary of the Department of Human
Services.
Confirmation of Ronald W. Wheeler as Secretary of the Department
Of Transportation.
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation of Doneen Hollingsworth, Hughes
County, Pierre, South Dakota, as Secretary of the Department of Health.
Moved by:
Senator Dunn (Jim)
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation ofJames W. Ellenbecker, Hughes
County, Pierre, South Dakota, as Secretary of the Department of Social Services.
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation of Donald J. Goldhorn, Dededo, Guam,
as Assistant Adjutant General, Army.
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation of Craig W. Johnson, Hughes County,
Pierre, South Dakota, as Secretary of the Department of Labor.
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation of Gary R. Viken, Hughes County,
Pierre, South Dakota, as Secretary of the Department of Revenue.
Moved by:
Senator Lawler
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation of John N.Jones, Hughes County, Pierre,
South Dakota, as Secretary of the Department of Human Services.
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
MOTION:
To advise and consent to the confirmation of Ronald W. Wheeler, Hughes County,
Pierre, South Dakota, as Secretary of the Department of Transportation.
Moved by:
Senator Hutmacher
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
HB 1297:
revise the circumstances under which it is not required to provide
reasonable efforts to reunite parents with children adjudicated as abused and
neglected.
Proponents:
Dave Knudson, Office of Governor
Judy Hines, Department of Social Services
Roxie Schmitz, Children's Home Society
Lisa Kaiser,Sioux Falls Area CASA
Fred Tully, Children's Home Society
Opponents:
Representative Mike Wilson, Rapid City, South Dakota
MOTION:
DO PASS HB 1297
Moved by:
Senator Whiting
Second by:
Senator Munson (David)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION AMEND HB 1297
o-1297g
On page
1
,
line
13 of the House engrossed bill
,
delete everything before "
or
"
.
On page
1
,
line
14
,
delete "
(5)
"
and insert "
(4)
"
.
On page
1
,
line
16
,
delete "
on at least one
"
.
On page
1
,
line
17
,
delete "
previous occasion
"
.
On page
2
,
line
10
,
delete everything before "
or
"
.
On page
2
,
line
11
,
delete "
(5)
"
and insert "
(4)
"
.
On page
2
,
line
13
,
delete "
on at least one
"
.
On page
2
,
line
14
,
delete "
previous occasion
"
.
Moved by:
Senator Hutmacher
Second by:
None
Action:
Died for a lack of a second
MOTION:
SUBSTITUTE MOTION AMEND HB 1297
o-1297f
On page
1
,
line
13 of the House engrossed bill
,
after "
of
"
insert "
abuse and neglect associated
with
"
.
On page
2
,
line
10
,
after "
of
"
insert "
abuse and neglect associated with
"
.
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1297 AS AMENDED
Moved by:
Senator Lawler
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
The Committee recessed at 10 A.M.
The Committee reconvened at 5 P.M.
SB 210:
provide mandatory prison sentences for certain violations regarding
controlled substances and marijuana.
Proponents:
Dave Knudson, Office of the Governor
Opponents:
Charles Schroyer, South Dakota States Attorneys
Mike Buenger, Unified Judicial System
MOTION:
AMEND SB 210
o-210
On the printed 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:
Senator Whiting
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
SUBSTITUTE MOTION REFER TO Appropriations
Moved by:
Senator Hutmacher
Second by:
Senator Symens
Action:
Failed by roll call vote.
(4-4-1-0)
Voting yes:
Munson (David), Hutmacher, Lawler, Symens
Voting no:
Everist, Whiting, Rounds, Halverson
Excused:
Dunn (Jim)
MOTION:
DO PASS SB 210 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(5-3-1-0)
Voting yes:
Munson (David), Everist, Whiting, Rounds, Halverson
Voting no:
Hutmacher, Lawler, Symens
Excused:
Dunn (Jim)
MOTION:
TO AMEND TITLE OF SB 210
o-210t
On page
1
,
line
2 of the printed bill
,
after "
marijuana
"
insert "
, to provide for certain rewards,
and to make an appropriation for such rewards
"
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Everist
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
Janet Judson
_________________________________
Committee Secretary
Harold Halverson, Chair
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