75th Legislative Session -- 2000

Committee: Senate State Affairs

Monday, January 31, 2000

                                            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 THE 7:45 AM AND 1:15 PM JANUARY 28, 2000 MEETINGS

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

          SB 114:   adopt the Uniform Correction or Clarification of Defamation Act.

Presented by:      Senator Everist
Proponents:      David Bordewyk, South Dakota Newspaper Association
          Richard Gregerson. South Dakota Newspaper Association
Opponents:      Brent Wilbur, Office of the Governor

MOTION:      AMEND SB 114

114jb

     On page 3 , line 16 of the printed bill , delete " or " .

     On page 3 , line 18 , after " statement; " delete " and " and insert " or
            
             (d)    In the case of a defamatory statement against a candidate for public office, is published before the election; and " .


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

MOTION:      DO PASS SB 114 AS AMENDED

Moved by:      Senator Everist
Second by:      Senator Whiting
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DEFER SB 114 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Lawler
Second by:      Senator Rounds
Action:      Prevailed by roll call vote.   (7-2-0-0)

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

Voting no:      Everist, Whiting

          SB 188:   exempt certain payments made by newspaper publishers to newspaper carriers from sales and use tax.

Presented by:      Senator Staggers
Proponents:      Matt Swalley, Shopping News
Opponents:      Scott Peterson, Department of Revenue

MOTION:      DEFER SB 188 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Rounds
Second by:      Senator Dunn (Jim)
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

          SB 187:   provide for the revocation or refusal of a gaming or racing license.

Proponents:      Brian Meyer, South Dakota Gaming Commission



MOTION:      SUBSTITUTE MOTION AMEND SB 187

187ob

     On page 1 , line 5 of the printed bill , after " § 23A-27-13 " insert " for a felony offense " .

     On page 1 , line 6 , delete " may " and insert " shall " .

     On page 1 , line 7 , after " 1-26 " insert " unless the person has successfully completed the probationary period imposed by the court " .


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

MOTION:      DO PASS SB 187 AS AMENDED

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

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

Voting no:      Whiting

          SB 197:   create a statewide underground tank cleanup program.

Proponents:      Howard Paul, Design Professional Coalition

          SJR 3:   Proposing and submitting to the electors at the next general election an amendment to Article XXIX of the Constitution of the State of South Dakota to authorize the state to own or to participate in the ownership, development, or operation of agricultural processing facilities.

Presented by:      Senator Symens
Opponents:      Mike Held, South Dakota Farm Bureau

MOTION:      DEFER SJR3 UNTIL THE 36TH LEGISLATIVE DAY

Moved by:      Senator Everist
Second by:      Senator Rounds
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION DO PASS SJR3

Moved by:      Senator Halverson
Second by:      Senator Lawler
Action:      Failed by roll call vote.   (3-6-0-0)

Voting yes:      Hutmacher, Lawler, Symens

Voting no:      Dunn (Jim), Munson (David), Everist, Whiting, Rounds, Halverson

MOTION:      DEFER SJR3 UNTIL THE 36TH LEGISLATIVE DAY

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

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

Voting no:      Hutmacher, Lawler, Symens

MOTION:      ADJOURN

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



Nancy Benson

_________________________________

Committee Secretary
Harold Halverson, Chair


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