74th Legislative Session -- 1999

Committee: Senate State Affairs

                                            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 2/24/99

Moved by:      Senator Dunn (Jim)
Second by:      Senator Symens
Action:      Prevailed by voice vote.

          HJR 1003:   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 term limits.

Proponents:      Representative Hunt, Brandon, South Dakota

MOTION:      DO PASS HJR1003

Moved by:      Senator Rounds
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (6-3-0-0)

Voting yes:      Munson (David), Lawler, Everist, Whiting, Rounds, Halverson

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Voting no:      Dunn (Jim), Hutmacher, Symens

          HCR 1008:   Urging the United States Congress to establish an equitable policy related to the tax deductibility of health insurance premiums.

Proponents:      Senator Brown, Brookings

MOTION:      THAT HCR1008 BE CONCURRED IN

Moved by:      Senator Symens
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

MOTION:      PLACE HCR1008 ON CONSENT

Moved by:      Senator Lawler
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.

          HB 1293:   protect an employee's pay check by requiring prior written authorization to collect fees for political activity.

Proponents:      Representative Young, Spearfish, South Dakota(Documents 2,3)
          Bob Sahr, Bureau of Personnel
Opponents:      Paul Aylward, South Dakota AFL-CIO, American Federation of Municipal, County,and State Employees
          Rick Davids,United Transportation Union
          Elaine Roberts, South Dakota Education Association
          Lona Lewis, South Dakota Education Association
Joe Kraljic, Maintenance of Way
Document 1, South Dakota State Employees Organization

MOTION:      AMEND HB 1293

o-1293

     On page 1 , line 4 of the House engrossed bill , after " 60-9 " insert " and recognized as the exclusive representative of an employee unit " .

     On page 1 , line 8 , delete everything after " notice. " .

     On page 1 , delete lines 9 to 11 , inclusive , and insert:

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"      Section 2. Any member of an employee or a labor organization as of the effective date of this Act is deemed to have been given notice and authorized political activity if the employee or labor organization issues information on a periodic basis detailing the activity. A periodic basis is not less than four times per year.

     Section 3. For the purposes of this Act, the term, political activity, means any contribution, expenditure, or valuable consideration in whatever form:

             (1)    To a candidate, candidate's committee, political party committee, ballot question committee, or political action committee;

             (2)    In furtherance of or to defeat the nomination of any person as a candidate for public office or the election of any person to public office; or

             (3)    In furtherance of or to defeat any constitutional amendment, initiated measure, referred law, or other question submitted to the voters of the whole state.

     The term does not include lobbying. "

Moved by:      Senator Rounds
Second by:      Senator Everist
Action:      Prevailed by voice vote.

MOTION:      AMEND THE AMENDMENT

o-1293a

     To amend the pending amendment (o-1293) by adding:

     On page 1 , line 6 of the House engrossed bill , after " for " delete " the " .

Moved by:      Senator Whiting
Second by:      Senator Symens
Action:      Prevailed by voice vote.

MOTION:      AMEND THE AMENDMENT

o-1293b

     On the previously adopted amendment (o-1293), first sentence of Section 2, before "authorized" insert "to have".

Moved by:      Senator Whiting

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Second by:      Senator Symens
Action:      Prevailed by voice vote.

MOTION:      AMEND THE AMENDMENT

o-1293c

     On the previously adopted amendment (o-1293), first sentence of Section 2, after "an" delete "employee or a labor".

    In the first sentence of Section 2 after "if the" delete "employee or labor".

    At the end of Section 2, insert "This section does not apply to any political party.".

Moved by:      Senator Symens
Second by:      Senator Rounds
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1293 AS AMENDED

Moved by:      Senator Whiting
Second by:      Senator Rounds
Action:      Failed by roll call vote.   (4-4-1-0)

Voting yes:      Dunn (Jim), Whiting, Rounds, Halverson

Voting no:      Munson (David), Hutmacher, Lawler, Symens

Excused:      Everist

The Chair deferred HB 1293 until Later for Full Committee Action..

          HCR 1009:   Declaring June 1999 as Obesity Awareness Month.

Proponents:      Representative Fischer-Clemens, Mitchell, South Dakota
          Richard Tieszen, Hoffman-LaRoche
          Senator Moore, Yankton, South Dakota
          Senator Kloucek, Scotland, South Dakota

MOTION:      THAT HCR1009 BE CONCURRED IN

Moved by:      Senator Rounds
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (9-0-0-0)

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Voting yes:      Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting, Rounds, Halverson

MOTION:      PLACE HCR1009 ON CONSENT

Moved by:      Senator Rounds
Second by:      Senator Symens
Action:      Prevailed by voice vote.

          HB 1293:   protect an employee's pay check by requiring prior written authorization to collect fees for political activity.



MOTION:      AMEND HB 1293

o-1293d

     On page 1 , line 4 of the House engrossed bill , delete " employee or labor " .

Moved by:      Senator Rounds
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

MOTION:      DO PASS HB 1293 AS AMENDED

Moved by:      Senator Rounds
Second by:      Senator Whiting
Action:      Prevailed by roll call vote.   (5-4-0-0)

Voting yes:      Dunn (Jim), Everist, Whiting, Rounds, Halverson

Voting no:      Munson (David), Hutmacher, Lawler, Symens

          HB 1159:   use cash rent to determine the value of agricultural land and to repeal the nonagricultural acreage classification.

Proponents:      Representative Waltman, Aberdeen,South Dakota
          Representative Lintz, Hermosa, South Dakota
          Marie Ingalls, South Dakota Farm Bureau
         
Opponents:      Jim Fry, Department of Revenue(Documents 4,5)
          Richard Kallemeyn,Minnehaha Coutny

MOTION:      AMEND HB 1159

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f-1159c

     On page 4 , line 5 of the House engrossed bill , overstrike " eight " and insert " six " .

     On page 5 , after line 24 , insert:

"     Section 15. The effective date of this Act is July 1, 2000.

    Section 16. The secretary of revenue shall conduct a pilot program concerning the use of cash rent as a means to value agricultural land. The secretary shall select four to six counties and, for the purpose of providing information, shall apply the provisions and procedures provided in this Act to value agricultural land in the selected counties. The secretary shall submit a report detailing the information collected to the Legislature by the first legislative day of the seventy-fifth legislative session. "

Moved by:      Senator Symens
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1159 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Munson (David)
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (6-1-2-0)

Voting yes:      Dunn (Jim), Munson (David), Everist, Whiting, Rounds, Halverson

Voting no:      Lawler

Excused:      Hutmacher, Symens

          HB 1218:   create a postsecondary education loan program and to make an appropriation therefor.

Proponents:      Representative Richter(As Amended), Sioux Falls, South Dakota
          Tad Perry(As Amended), Board of Regents
          Dave Knudson, Office of Governor(As Amended)
          Dr. Dick Gowan, Board of Regents
          Jeremiah Murphy, Sioux Falls, South Dakota(Document 6-Amendment c-1218a)

MOTION:      AMEND HB 1218

z-1218h

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     On page 1 , line 4 of the House engrossed bill , delete " first " .

     On page 1 , line 4 , after " loan " insert " and scholarship " .

     On page 1 , line 5 , after " loans " insert " and scholarships " .

     On page 1 , line 9 , delete " : " and insert " is a full-time student at an eligible institution; " .

     On page 1 , delete lines 10 to 15 , inclusive .

     On page 2 , delete lines 1 to 6 , inclusive .

     On page 2 , line 7 , delete " first " .

     On page 2 , line 7 , after " loan " insert " and scholarship " .

     On page 2 , delete line 8 .

     On page 2 , line 9 , delete " first " .

     On page 2 , line 9 , after " loan " insert " and scholarship " .

     On page 2 , line 17 , delete " first " .

     On page 2 , line 17 , after " loan " insert " and scholarship " .

     On page 2 , line 19 , after " loans " insert " and scholarships " .

     On page 2 , line 23 , after " loans " insert " and scholarships " .

     On page 3 , line 1 , after " loan " insert " or scholarship " .

     On page 3 , line 4 , after " loan " insert " and scholarship " .

     On page 3 , line 4 , after " loans " insert " and scholarships " .

     On page 3 , line 8 , after " loan " insert " or scholarship " .

     On page 3 , line 9 , delete everything after " board. " .

     On page 3 , delete lines 10 to 22 , inclusive .

     On page 3 , line 23 , delete " ten " and insert " eight " .

     On page 3 , line 25 , after " loan " insert " or scholarship " .

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     On page 4 , line 3, delete everything after " Section 9. " and insert " The board may establish program requirements which allow eligible students to qualify for forgiveness of a loan or loans received through the program. " .

     On page 4 , delete lines 4 to 25 , inclusive .

     On page 5 , delete lines 1 to 3, inclusive.

     On page 5 , line 6 , delete " first " .

     On page 5 , line 6 , after " loan " insert " and scholarship " .

     On page 5 , line 6 , after " loans " insert " and scholarships " .

     On page 5 , line 8 , delete " one " and insert " eight " .

     On page 5 , line 8 , delete " thirty-six " and insert " sixteen " .

     On page 5 , line 9 , delete " ($136,000) " and insert " ($816,000) " .

     On page 5 , line 13 , after " loans " insert " and scholarships " .

     On page 5 , line 14 , after " loans " insert " and scholarships " .

     On page 5 , line 21 , after " loans " insert " and scholarships " .

     On page 5 , delete lines 22 to 24 , inclusive .

Moved by:      Senator Everist
Second by:      Senator Halverson
Action:      Prevailed by voice vote.

MOTION:      AMEND HB 1218

c-1218a

     On page 1 , line 5 of the House engrossed bill , delete " state-supported universities " and insert " institutions of higher education located in South Dakota " .

     On page 2 , line 15 , delete everything after " "Eligible institution," " and insert " any accredited institution of higher education located in South Dakota. " .

     On page 2 , delete line 16 .

     On page 5 , line 11 , delete " university's " and insert " institution's " .

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     On page 5 , line 12 , delete " system " and insert " statewide " .

     On page 5 , line 12 , after " enrollment " insert " of South Dakota residents " .

Moved by:      Senator Munson (David)
Second by:      Senator Lawler
Action:      Prevailed by roll call vote.   (4-3-2-0)

Voting yes:      Dunn (Jim), Munson (David), Lawler, Whiting

Voting no:      Everist, Rounds, Halverson

Excused:      Hutmacher, Symens

MOTION:      DO PASS HB 1218 AS AMENDED

Moved by:      Senator Lawler
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-1-1-0)

Voting yes:      Dunn (Jim), Munson (David), Lawler, Symens, Everist, Whiting, Halverson

Voting no:      Rounds

Excused:      Hutmacher

MOTION:      TO AMEND TITLE OF HB 1218

z-1218ta

     On page 1 , line 1 of the House engrossed bill , after " loan " insert " and scholarship " .

Moved by:      Senator Rounds
Second by:      Senator Lawler
Action:      Prevailed by voice vote.

          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, Office of Governor
          Representative Eccarius, Rapid City, South Dakota
          Senator Hainje,Sioux Falls, South Dakota

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          Jim Burg, Commissioner, Public Utilities Commission
Opponents:      Steve Willard, South Dakota Sheriffs and South Dakota Police Chiefs Associations
          Mark Mills, South Dakota APCO

MOTION:      AMEND HB 1292

t-1292a

     On page 1 , line 7 of the House State Affairs committee engrossed bill , delete " and immediate " .

     On page 1 , line 14 , after " telecommunications " insert " integration " .

     On page 2 , line 4 , delete " a " and insert " an integration " .

     On page 2 , line 14 , after " Regulation. " insert " The integration of functions and facilities shall include the transfer of State Radio Communications, including its budget and FTE allocation, from the Office of the Attorney General to the Bureau of Information and Telecommunications. " .

     On page 2 , line 20 , delete " county government " and insert " county commissioners " .

     On page 2 , line 22 , delete " review " and insert " develop " .

     On page 2 , line 23 , after " appropriate. " insert " The task force shall conduct public hearings to develop and recommend standards for operation and utilization of public safety answering points. The Bureau of Information and Telecommunications shall promulgate rules pursuant to chapter 1-26 to establish standards for the operation and utilization of public safety answering points and shall consider the task force's recommendations in the rulemaking process. " .

     On page 3 , between lines 11 and 12 , insert:

"      Section 6. Beginning on the effective date of this Act, no new public safety answering points may be established. State Radio Communications may enter into a contract or agreement with any public safety answering point to serve the state where appropriate. State Radio Communications may provide 911 services in unserved areas of the state through a joint powers agreement if invited. "

Moved by:      Senator Rounds
Second by:      Senator Dunn (Jim)
Action:      Prevailed by voice vote.

MOTION:      DEFER HB 1292 UNTIL THE 41ST LEGISLATIVE DAY

Moved by:      Senator Rounds
Second by:      Senator Dunn (Jim)
Action:      Prevailed by roll call vote.   (8-1-0-0)

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Voting yes:      Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Whiting, Rounds, Halverson

Voting no:      Everist

          HB 1178:   revise the state aid for special education funding formula.

Proponents:      Representative Richter(Documents 8,9),Sioux Falls, South Dakota
          Dianna Miller, ESD+5 School Districts
          Gene Enck, Associated School Boards
          David Nissen(Unamended),Sioux Falls, South Dakota
          Dave Knudson, Office of Governor(Document 7-Amendment 0-1178)
Opponents:      Representative Kooistra, Garretson,South Dakota

MOTION:      AMEND HB 1178

o-1178

     On page 3 , line 11 of the House engrossed bill , delete " speech or language " and insert " mild " .

     On page 3 , delete lines 12 and 13 .

     On page 3 , line 14 , delete " (4) " and insert " (2) " .

     On page 3 , line 14 , delete " four " and insert " two " .

     On page 3 , line 15 , delete " (5) " and insert " (3) " .

     On page 3 , line 15 , delete " five " and insert " three " .

     On page 3 , line 17 , delete " (6) " and insert " (4) " .

     On page 3 , line 17 , delete " six " and insert " four " .

     On page 3 , line 18 , delete " (7) " and insert " (5) " .

     On page 3 , line 18 , delete " seven " and insert " five " .

     On page 3 , line 19 , delete " (8) " and insert " (6) " .

     On page 3 , line 23 , delete " (9) " and insert " (7) " .

     On page 3 , line 23 , delete " the maximum " and insert " a " .

     On page 3 , line 24 , delete " pursuant to § 13-37-36 " and insert " of one dollar and thirty-five cents per thousand dollars of taxable valuation " .

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     On page 3 , line 25 , delete " (10) " and insert " (8) " .

     On page 4 , line 1 , delete " $1,795 " and insert " $3,504 " .

     On page 4 , line 4 , delete " (11) " and insert " (9) " .

     On page 4 , line 5 , delete " $3,913 " and insert " $7,914 " .

     On page 4 , line 8 , delete " (12) " and insert " (10) " .

     On page 4 , line 9 , delete " $5,987 " and insert " $10,116 " .

     On page 4 , line 12 , delete " (13) " and insert " (11) " .

     On page 4 , line 12 , delete " $7,590 " and insert " $14,705 " .

     On page 4 , line 16 , delete " (14) " and insert " (12) " .

     On page 4 , line 17 , delete " $9,772 " and insert " $15,808 " .

     On page 4 , delete lines 20 to 25 , inclusive .

     On page 5 , delete lines 1 and 2 .

     On page 5 , line 3 , delete " (17) " and insert " (13) " .

     On page 5 , between lines 6 and 7 , insert:

"

             (14)    "Resident average daily membership," the average number of resident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year plus the average number of pupils for whom the district pays tuition and plus the average number of resident pupils enrolled in another school district under the provisions of § 13-28-40;

             (15)    "Nonpublic school," a sectarian organization or entity which is accredited by the secretary of education and cultural affairs for the purpose of instructing children of compulsory school age. This definition excludes any school that receives a majority of its revenues from public funds;

             (16)    "Nonpublic average daily membership," the average number of kindergarten through twelfth grade pupils enrolled during the previous regular school year in all nonpublic schools located within the boundaries of the public school district plus the average

number of children under age sixteen who are approved for alternative instruction pursuant to § 13-27-2 during the previous school year;

             (17)    "Special education average daily membership," resident average daily membership plus nonpublic average daily membership; "

     On page 5 , line 8 , delete " number of students having a level one disability as reported on the " .

     On page 5 , line 9 , delete " child count for the previous school fiscal year " and insert " special education average daily membership by 0.089 and multiply the result " .

     On page 5 , line 17 , after " number " insert " of " .

     On page 5 , line 20 , after " number " insert " of " .

     On page 5 , delete lines 23 to 25 , inclusive .

     On page 6 , delete lines 1 to 3 , inclusive .

     On page 6 , line 4 , delete " (h) " and insert " (f) " .

     On page 6 , line 4 , delete " (g) " and insert " (e) " .

     On page 6 , line 6 , delete " the maximum levy for the special education fund of a school district " and insert " $1.35. " .

     On page 6 , delete line 7 .

     On page 7 , line 7 , after " special education fund " insert " twice " .

     On page 7 , delete lines 13 to 25 , inclusive , and insert:

"
     Section 7. That chapter 13-37 be amended by adding thereto a NEW SECTION to read as follows:
          For the transition period from school fiscal year 2000 through school fiscal year 2003, state aid for special education shall be determined according to the following calculations:

             (1)    Multiply local need of a school district by 0.96 in school fiscal year 2000, 0.97 in school fiscal year 2001, 0.98 in school fiscal year 2002, and 0.99 in school fiscal year 2003;

             (2)    After making the adjustment to local need pursuant to subdivision (1) of this section, calculate state aid for special education pursuant to section 4 of this Act;

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             (3)    Subtract the result of subdivision (2) from the amount of state aid received pursuant to § 13-37-36 or 13-37-43 in school fiscal year 1999;

             (4)    Multiply the result of subdivision (3) by 0.80 in school fiscal year 2000, 0.60 in school fiscal year 2001, 0.40 in school fiscal year 2002, and 0.20 in school fiscal year 2003;

             (5)    Add the result of subdivision (2) to the result of subdivision (4);

             (6)    State aid for special education is the greater of the result of subdivision (2) or the result of subdivision (5).

     Section 8. That § 13-37-44 be amended to read as follows:

     13-37-44.   A school district's state aid for special education as calculated pursuant to section 4 or section 7 of this Act shall be reduced by the amount which its ending special education fund balance exceeds twenty percent of its special education expenditures for the prior fiscal year or fifty thousand dollars, whichever is greater, if the school district did not receive money set aside in §   §   13-37-38 to 13-37-40 , inclusive, during the prior fiscal year; or the amount which its ending special education fund balance exceeds five percent of its special education expenditures for the prior fiscal year if the school district received money set aside in §   §   13-37-38 to 13-37-40, inclusive, during the prior fiscal year. "

     On page 8 , delete lines 1 to 3 , inclusive .

     On page 8 , line 6 , delete " , for " and insert " to " .

     On page 8 , line 8 , delete " or " and insert " , " .

     On page 8 , line 9 , after " Act " insert " , to establish and maintain state protocols to assist school districts in developing individualized education plans, or to purchase assistive technology for students with a level two, three, four, or five disability " .

     On page 8 , line 12 , delete " A level seven " and insert " For the purpose of calculating state aid pursuant to this chapter, a level five " .

     On page 8 , line 12 , delete " four " and insert " two and three, excluding the disability of deaf- blindness. Any child reported on the child count between ages three to five years old, inclusive, may not be included as either a level two, three, four, or five disability. " .

     On page 8 , delete lines 13 to 18 , inclusive .

     On page 8 , line 21 , delete " Section 5 " and insert " Section 9 " .

Moved by:      Senator Rounds
Second by:      Senator Whiting

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Action:      Prevailed by roll call vote.   (5-4-0-0)

Voting yes:      Dunn (Jim), Lawler, Whiting, Rounds, Halverson

Voting no:      Munson (David), Hutmacher, Symens, Everist

MOTION:      DO PASS HB 1178 AS AMENDED

Moved by:      Senator Rounds
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (8-1-0-0)

Voting yes:      Dunn (Jim), Hutmacher, Lawler, Symens, Everist, Whiting, Rounds, Halverson

Voting no:      Munson (David)

MOTION:      ADJOURN

Moved by:      Senator Rounds
Second by:      Senator Hutmacher
Action:      Prevailed by voice vote.

Janet Judson

Committee Secretary