75th Legislative Session -- 2000
Committee: Senate State Affairs
Wednesday, February 2, 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 JANUARY 31, 2000
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
SB 191:
revise the income eligibility requirements for property tax and sales tax
refunds.
Presented by:
Senator Kleven (Document #1)
Proponents:
Jerry Lolley, South Dakota Veterans Service Officer, Meade County (Documents
#2, #3)
A W Anderson, Department Adjutant, South Dakota American Legion
MOTION:
DO PASS SB 191
Moved by:
Senator Symens
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(7-1-1-0)
Voting yes:
Munson (David), Hutmacher, Lawler, Symens, Whiting, Rounds, Halverson
Voting no:
Everist
Excused:
Dunn (Jim)
SB 193:
establish certain requirements and procedures regarding electronic
transactions.
Presented by:
Senator Everist
Proponents:
Tom Barnett, State Bar of South Dakota
Otto Doll, Commissioner, Bureau of Information and Telecommunications
(Document #4)
Jim Shekleton, South Dakota Board of Regents
Tom Leckey, Deputy, South Dakota Secretary of State
Joe Nadenjcek, Department of Environment and Natural Resources
MOTION:
AMEND SB 193
193oa
On page
3
,
line
13 of the printed bill
,
after "
Article 2,
"
delete "
and
"
.
On page
3
,
line
14
,
after "
Article 2A
"
insert "
, and Article 9
"
.
On page
8
,
line 7, delete "Section 31.".
On page
9
,
line
14
,
delete "
35
"
and insert "
34
"
.
On page
9
,
line
16
,
delete "
37
"
and insert "
36
"
.
On page
9
,
line
25
,
delete "
35
"
and insert "
34
"
.
On page
10
,
line
3
,
delete "
35
"
and insert "
34
"
.
On page
10
,
line
5
,
delete "
34
"
and insert "
33
"
.
On page
10
,
line
6
,
delete "
35
"
and insert "
34
"
.
On page
10
,
line
19
,
delete "
42
"
and insert "
41
"
.
On page
12
,
line
4
,
delete "
of this state
"
.
On page
12
,
delete lines
7
to
11
, inclusive
.
On page
12
,
line
13
,
delete "
section 48 of
"
.
On page
12
,
line
13
,
delete "
the secretary of state after consultation with
"
.
On page
12
,
line
15
,
after "
specify
"
insert "
for state agencies
"
.
On page
13
,
between lines
2
and
3
,
insert:
"
Section 48. With respect to records under its control, and except as otherwise provided in
section 30 of this Act, the Board of Regents shall determine whether, and the extent to which, the
board and the institutions under the board's control shall send and accept electronic records and
electronic signatures to and from other persons and otherwise create, generate, communicate, store,
process, use, and rely upon electronic records and electronic signatures. In administering such
records, the board may exercise those powers specified in sections 47 and 50 of this Act. However,
any public records as defined in
§
13-49-31 that the board elects to maintain in electronic form shall
be accessible to the public in conformity with the rules the commissioner of the Bureau of
Information and Telecommunications promulgates pursuant to sections 47 and 50 of this Act.
"
On page
13
,
line
4
,
delete "
of this state
"
.
On page
13
,
line
6
,
delete "
secretary of state
"
and insert "
commissioner of the Bureau of
Information and Telecommunications
"
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 193 AS AMENDED
Moved by:
Senator Rounds
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Everist, Whiting, Rounds,
Halverson
Excused:
Symens
SB 197:
create a statewide underground tank cleanup program.
Presented by:
Nettie Myers, Department Environment and Natural Resources
Proponents:
Mark Hollenbeck, South Dakota Petroleum Council
Dawna Leitzke, South Dakota Petroleum Marketers
Tom Adam, South Dakota Bankers Association (Document #5)
Tim Kenyon, South Dakota Association of Environmental Professionals
Kevin Tveidt, Environmental Technologies, Inc.
MOTION:
AMEND SB 197
197ob
On page
2
,
line
6 of the printed bill
,
delete "
1998
"
and insert "
1988
"
.
On page
2
,
line
19
,
delete "
land
"
and insert "
affected property
"
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 197
197oc
On page
3
,
line
2 of the printed bill
,
delete "
conducting
"
.
On page
3
,
line
3
,
delete "
or providing technical oversight of
"
and insert "
the
"
.
On page
3
,
line
3
,
delete "
pulling
"
and insert "
removal'
"
.
On page
3
,
line
5
,
delete "
, and purchase or
"
.
On page
3
,
delete line
6
,
and insert "
to carry out the provisions of
"
.
On page
3
,
line
7
,
delete "
meet the criteria of the abandoned tank removal program provided for
in
"
.
On page
3
,
line
8
,
after "
director
"
insert "
of the petroleum release compensation fund
"
.
Moved by:
Senator Dunn (Jim)
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 197
197od
On page
2
,
line
24 of the printed bill
,
after "
recordation
"
insert "
and the priority of the lien is
established as of the date it is recorded in the office of the register of deeds of the county in which
the site is located
"
.
Moved by:
Senator Everist
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 197 AS AMENDED
Moved by:
Senator Dunn (Jim)
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
SJR 5:
Proposing and submitting to the electors at the next general election an
amendment to Article III of the Constitution of the State of South Dakota to
increase the percent of qualified electors required to invoke either the initiative or
the referendum.
Presented by:
Senator Drake
Opponents:
Nicholas Nemec, Holabird
Senator Staggers
Rita Houglum, South Dakota Eagle Form
Phil Cyre, South Dakota Farmers Union
Bob Newland, Hermosa
Luanne Napton, South Dakota Resource Coalition
Greg Inman, Raymond
MOTION:
AMEND SJR5
j5sb
On page
1
,
line
7 of the printed resolution
,
after "
section 1
"
insert "
and Article XXIII, section
1
"
.
On page
1
,
line
7
,
overstrike "
section 2
"
and insert "
sections 2 and 3
"
.
On page
2
,
line
5
,
after "
.
"
insert "
When a member of the Legislature proposes to have a measure
placed on the ballot, the measure must receive a two-thirds vote of all the members-elect of each
branch of the Legislature.
"
.
On page
2
,
after line
9
,
insert:
"
Section 3. That Article XXIII, section 1 of the Constitution of the State of South Dakota, be
amended to read as follows:
§
1.
Amendments to this Constitution may be proposed by initiative or by a
majority
two-thirds
vote of all members of each house of the Legislature. An amendment proposed by initiative shall
require a petition signed by qualified voters equal in number to at least ten percent of the total votes
cast for Governor in the last gubernatorial election. The petition containing the text of the proposed
amendment and the names and addresses of its sponsors shall be filed at least one year before the
next general election at which the proposed amendment is submitted to the voters. A proposed
amendment may amend one or more articles and related subject matter in other articles as necessary
to accomplish the objectives of the amendment.
"
Moved by:
Senator Dunn (Jim)
Second by:
Senator Rounds
Action:
Was not acted on.
MOTION:
TO TABLE SJR5 AND PENDING AMENDMENT 5jsb
Moved by:
Senator Lawler
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Munson (David), Hutmacher, Lawler, Symens, Whiting, Rounds
Voting no:
Dunn (Jim), Everist, Halverson
MOTION:
ADJOURN
Moved by:
Senator Dunn (Jim)
Second by:
Senator Halverson
Action:
Prevailed by voice vote.
Nancy Benson
_________________________________
Committee Secretary
Harold Halverson, Chair
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