75th Legislative Session -- 2000

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 Chair Halverson

MOTION:      TO APPROVE THE MINUTES OF JANUARY 19, 2000

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

          SB 54:   permit schools to display the Ten Commandants.

Presented by:      Senator Lawler (Document #1)
Proponents:      Cindy Flakoll, Concerned Women of America
          Linda Shauer
          Representative Hunt
          Rory King, Catholic Diocese of Sioux Falls
          Representative Weber
Opponents:      Bob Stevens, South Dakota Education Association

MOTION:      DO PASS SB 54

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

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

Voting no:      Dunn (Jim), Everist, Whiting

          SB 13:   revise the procedure to adopt administrative rules.

Presented by:      Senator Bogue (Document #2, #3)
Proponents:      Senator Dennert
          Bob Sahr, Bureau of Personnel

MOTION:      AMEND SB 13

13db

     On page 1 , delete lines 3 to 16 of the printed bill , inclusive .

     On page 2 , line 3 of the printed bill , after " shall " insert " appear before the interim rules review committee and " .

     On page 2 , line 3 , after " proposed " insert " permanent " .

     On page 2 , line 4 , delete " interim rules review " .

     On page 2 , line 5 , after " state. " insert " If the interim rules review committee fails to meet on the proposed permanent rule during the seventy-five day period, and if the agency has complied with subdivisions 1-26-6(1) to 1-26-6(4), inclusive, the agency may complete the rules adoption process by complying with subdivision 1-26-6(5) notwithstanding subdivision 1-26-6(6). "

     On page 2 , line 22 , delete " The " and insert " For a permanent rule, the " .

     On page 2 , line 22 , after " has " insert " appeared and " .

     On page 2 , line 22 , after " proposed " delete " rules " and insert " rule " .

     On page 3 , delete lines 13 to 16 , inclusive .

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

MOTION:      AMEND SB 13

13oa

     On page 3 , after line 12 of the printed bill , insert:

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"      Section 3. That § 1-26-1.2 be amended to read as follows:

     1-26-1.2.   The interim rules review committee shall choose a chairman chair from its members and prescribe its rules of procedure. Meetings of the committee shall be at the call of the chairman chair or a majority of the committee.

     On or before the first Monday following the last day of the legislative session, the committee and the agencies shall determine a schedule of dates for meetings to be held during the following twelve months. However, the committee is not required to hold a meeting if no proposed rules have been filed pursuant to subdivision 1-26-6(4) prior to the meeting.

     The committee shall review all proposed agency rules and make recommendations to the agencies regarding rules and legislation authorizing rules and to the Legislature regarding administrative law. All meetings, regular or special, shall be open to the public and any interested person may be heard and present evidence.

     Members of the committee shall be compensated for their attendance at meetings and for time spent in conduct of committee business at rates established by the Executive Board of the Legislative Research Council. The director of the Legislative Research Council, or one or more persons from his the director's office, shall act as secretary to the committee, or the committee may employ a secretary. "

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

MOTION:      DO PASS SB 13 AS AMENDED

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 SB 13 ON CONSENT

Moved by:      Senator Whiting
Second by:      Senator Everist
Action:      Withdrawn.

          SB 75:   revise certain provisions relating to the South Dakota Insurance Guaranty Association.

Presented by:      Senator Halverson
          Dick Tieszen, State Farm

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          Kevin Harris, Executive Director, National Assoication of Inurance Guaranty Funds
          Dick Boyd, State Farm
          Darla Lyon, Director, Division of Insurance

The Chair deferred SB 75 until JANUARY 24, 2000.

Gavel passed to Senator Halverson.

          SB 66:   require all persons to wear a seat belt while in certain motor vehicles.

Presented by:      Senator Lawler (Documents #4, #5)
Proponents:      Representative Kooistra
          Tim Raesch, Sheriff, Miner County
          Kathy Zander, South Dakota Highway Users Conference
          Dean Hyde, AARP
          Dick Tieszen, State Farm
          Mike Shaw,National Association of Independent Insurance Agents/American Family
Opponents:      Mark Hollenbeck, ABATE of South Dakota

MOTION:      DO PASS SB 66

Moved by:      Senator Munson (David)
Second by:      Senator Everist
Action:      Prevailed by roll call vote.   (5-1-3-0)

Voting yes:      Munson (David), Hutmacher, Lawler, Everist, Halverson

Voting no:      Dunn (Jim)

Excused:      Symens, Whiting, Rounds

MOTION:      ADJOURN

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

Nancy Benson

Committee Secretary