75th Legislative Session -- 2000
Committee: Senate State Affairs
Wednesday, February 9, 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 FEBRUARY 7, 2000
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
HB 1128:
revise certain bylaw and quorum provisions regarding cooperatives.
Presented by:
Brian Meyer, South Dakota Rural Electric Association and South Dakota
Association of Telephone Coops
MOTION:
DO PASS HB 1128
Moved by:
Senator Rounds
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 1128 ON CONSENT
Moved by:
Senator Rounds
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
HB 1059:
clarify persons required to report child abuse or neglect.
Presented by:
Representative Lucas
MOTION:
DO PASS HB 1059
Moved by:
Senator Lawler
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
HB 1046:
revise the benefit plans that are exempt from execution, attachment,
garnishment, seizure, or taking by any legal process.
Presented by:
Representative Donald Munson
MOTION:
DO PASS HB 1046
Moved by:
Senator Rounds
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:
PLACE HB 1046 ON CONSENT
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
HB 1095:
authorize professional corporations, limited liability companies, or
limited liability partnerships owned by certain health care professionals of more
than one profession.
Presented by:
Representative Hunt
Proponents:
Jim Hood, South Dakota Association of Nurse Anesthetists
Dr John E. Forrette, Sioux Falls
Brett M Koenecke, South Dakota Nurses Association
Dave Gerdes, South Dakota Statte Medical Association
Opponents:
Dick Tieszen, State Farm, Self-Insured Employers of South Dakota and Associated
School Boards of South Dakota
MOTION:
AMEND HB 1095
1095ja
On page
5
,
line
17 of the printed bill
,
after "
services.
"
insert "
To the extent required by the
licensing law governing any authorized licensee or professional employee, the corporation shall
comply with the provisions of such law relevant to the maintenance of professional liability
insurance for those affected health care professionals employed by the corporation.
"
.
On page
5
,
line
24
,
after "
Act
"
insert "
, including the following provisions:
(1) Definition of terms;
(2) Applications for registration and renewed registration as provided by sections 4 and 5 of
this Act;
(3) Procedure for investigations as provided by sections 5 and 15 of this Act;
(4) Standards for hearings and summary suspension or revocation as provided by section 9
of this Act; and
(5) Interboard consultation and hearings as provided by sections 4, 5, 7, 9, and 15 of this
Act
"
.
Moved by:
Senator Hutmacher
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1095 AS AMENDED
Moved by:
Senator Lawler
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
HB 1101:
revise the grounds for revocation or suspension of an alcoholic beverage
license.
The Chair deferred HB 1101 until FEBRUARY 11, 2000.
SB 85:
revise certain powers of the South Dakota Building Authority, to provide
for the establishment of a corporation by the authority, to provide for the transfer
and sale of all future right, title, and interest of certain amounts payable to the state
by various tobacco companies under a master settlement agreement, and to declare
an emergency.
Presented by:
Senator Arnold Brown
Proponents:
Curt Everson, Bureau of Finance and Management (Document #1)
Gene Enck, Associated School Boards of South Dakota
MOTION:
AMEND SB 85
85oa
On the printed bill,
delete everything after the enacting clause and insert:
"
Section
1.
Terms used in this Act mean:
(1) "Authority," the South Dakota Building Authority, a body corporate and politic, organized
and existing under chapter 5-12;
(2) "Bonds," bonds, bond anticipation notes, notes, certificates of ownership or indebtedness,
or other obligations issued, incurred, or otherwise created pursuant to this Act and payable
directly or indirectly out of or representing an interest in tobacco settlement revenues or
other rights under or with respect to the master settlement agreement;
(3) "Corporation," the special purpose body corporate and politic established by the authority
by resolution as provided in section 3 of this Act;
(4) "Master settlement agreement," the master settlement agreement entered into on
November 23, 1998, by attorneys general from the several states, including the State of
South Dakota, and various tobacco companies, as amended on January 1, 2000;
(5) "Master settlement escrow agent," the escrow agent under the master settlement
agreement;
(6) "Net proceeds of bonds," the proceeds of bonds issued by the corporation under this Act
less any amounts applied or to be applied to pay transaction and administrative expenses
and to fund any reserves deemed necessary or appropriate by the corporation;
(7) "Net proceeds of sale of tobacco settlement revenues," the funds and other consideration
received by the State of South Dakota from any sale, conveyance, or other transfer
pursuant to section 2 of this Act less any amounts applied or to be applied to pay
transaction and administrative expenses and to fund any reserves;
(8) "Permitted investments," any investment authorized by
§
§
4-5-23 and 4-5-26 and
noncollateralized direct obligations of any bank or savings institution, insurance company,
or bank or insurance holding company if such institution or holding company is rated in
the highest two quality categories by a nationally recognized rating agency;
(9) "Tobacco settlement revenues," any amount now or hereafter payable to the State of South
Dakota under or in connection with the Master Settlement Agreement;
(10) "Tobacco settlement trust fund," the State of South Dakota tobacco settlement trust fund
created pursuant to section 21 of this Act;
(11) "Tobacco settlement interest fund," the fund created by section 22 of this Act.
Section
2.
All or any portion of the right, title, and interest of the State of South Dakota in, to and
under the master settlement agreement, to receive or collect tobacco settlement revenues, may be
sold, conveyed, or otherwise transferred by the state to the authority or to a corporation established
by the authority pursuant to this Act so long as the net proceeds of sale of tobacco settlement
revenues are:
(1) Deposited to the tobacco settlement trust fund;
(2) Deposited with or for the benefit of the authority for the purpose of paying all or any part
of the cost of one or a combination of projects permitted under chapter 5-12; or
(3) Paid to or for the benefit of the tobacco settlement trust and its assets.
No project may be undertaken by the authority with funds deposited pursuant to subdivision
(2) of this section unless the project has been approved by the Legislature. If any proceeds of the sale
are deposited with or for the benefit of the South Dakota Building Authority, then the South Dakota
Building Authority shall submit a written report to the Legislature advising the Legislature of the
deposit. Any sale, conveyance, or other transfer of tobacco settlement revenues shall be evidenced
by an instrument or agreement in writing signed on behalf of the state by the Governor. The
Governor shall file a certified copy of any instrument or agreement, together with a report indicating
the application of the net proceeds of the sale of tobacco settlement proceeds with the Legislature.
Each instrument or agreement may include an irrevocable direction to the master settlement escrow
agent to pay all or a specified portion of amounts due to the State of South Dakota under or in
connection with the master settlement agreement, including, without limitation, the tobacco
settlement revenues, as have been sold, conveyed, or otherwise transferred directly to or upon the
order of the authority or corporation or any trustee under an indenture or other agreement securing
any bonds of the corporation or the authority issued, incurred, or created for the purpose of raising
funds to pay the purchase price to the state. Upon the filing, the sale, conveyance, or other transfer
is a true sale and absolute conveyance of all right, title, and interest therein described in accordance
with the terms thereof, valid, binding, and enforceable in accordance with the terms thereof and the
instrument or agreements and any related instrument, agreement, or other arrangement, including any
pledge, grant of security interest, or other encumbrance made by the corporation or the authority to
secure any bonds issued, incurred, or created by the corporation or the authority, are not subject to
disavowal, disaffirmance, cancellation, or avoidance by reason of insolvency of any party, lack of
consideration or any other fact, occurrence, or rule of law.
Section
3.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
The authority shall establish by resolution a special purpose corporation which shall be body
corporate and politic and instrumentality of, but separate and apart from, the State of South Dakota
and the authority. The corporation shall be established for the express limited public purposes set
forth in this Act and no part of the net earnings of the corporation may inure to any private
individual.
Section
4.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
The corporation shall be governed by a board of directors consisting of the members of the
authority and two additional directors appointed by the Governor, which directors shall be
independent from the state. The resolution establishing the corporation shall serve as the charter of
the corporation and may be amended from time to time by the authority, but the resolution shall
provide that the power and the authority of the corporation is subject to the terms, conditions, and
limitations of this Act and any applicable covenants or agreements of the corporation in any
indenture or other agreement relating to any then outstanding bonds. The corporation may enter into
contracts regarding any matter connected with any corporate purpose within the objects and purposes
of this Act.
Section
5.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
The authority and corporation may delegate by resolution to one or more officers or employees
of the authority or corporation any powers and duties as it may deem proper.
Section
6.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
The corporation may pledge as security for any bonds the rights under the master settlement
agreement held by the corporation, including the rights to receive or collect tobacco settlement
revenues, the proceeds thereof, or moneys or other funds deposited with or held by the corporation.
Any pledge made by the corporation is valid and binding from the time the pledge is made. The
property, revenues, moneys, and other funds so pledged and thereafter held or received by the
corporation shall immediately be subject to the lien of such pledge without any physical delivery
thereof or further act and subject only to the provisions of prior agreements. The lien of such pledge
shall be valid and binding as against all parties having claims of any kind in tort, contract, or
otherwise against the corporation irrespective of whether the parties have notice thereof. No
ordinance, resolution, trust agreement, or other instrument by which the pledge is created need be
filed or recorded except in the records of the corporation.
Section
7.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
In connection with the issuance of bonds, the corporation may enter into arrangements to
provide additional security and liquidity for the bonds. The arrangements may include, without
limitation, bond insurance, letters of credit, and lines of credit by which the corporation may borrow
funds to pay or redeem its bonds and purchase or remarketing arrangements for assuring the ability
of owners of the bonds to sell or have redeemed their bonds. The corporation may enter into
contracts and may agree to pay fees to persons providing the arrangements, including from bond
proceeds.
Section
8.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
The resolution authorizing the issuance of its bonds or the indenture or other agreement
approved by the resolution may provide that interest rates may vary from time to time depending
upon criteria established by the corporation, which may include, without limitation, a variation in
interest rates as may be necessary to cause the bonds to be remarketable from time to time at a price
equal to their principal amount, and may provide for appointment of a national banking association,
bank, trust company, investment banker, or other financial institution to serve as a remarketing agent
in that connection. The indenture or other agreement with respect to the bonds may provide that
alternative interest rates or provisions do apply during such times as the bonds are held by a person
providing a letter of credit or other credit enhancement arrangement for the bonds.
Section
9.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as follows:
In connection with the bonds under this Act, the corporation may enter into contracts that it
determines necessary or appropriate to permit it to manage payment or interest rate risk. These
contracts may include interest rate exchange agreements, contracts providing for payment or receipt
of funds based on levels of or changes in interest rates, contracts to exchange cash flows or series
of payments, and contracts incorporating interest rate caps, collars, floors, or locks.
Section
10.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The corporation may not file a voluntary petition under or be or become a debtor or bankrupt
under the federal bankruptcy code or any other federal or state bankruptcy, insolvency, or
moratorium law or statute. Nor may any public officer, organization, entity or other person authorize
the corporation to be or become a debtor or bankrupt under the federal bankruptcy code or any other
federal or state bankruptcy, insolvency, or moratorium law or statute.
Section
11.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The corporation may not guarantee the debts of another. No indebtedness, bonds or obligation,
issued, incurred, or created by the State of South Dakota or any state agency or instrumentality may
be or become a lien, charge, or liability against the corporation or the property or funds of the
corporation except for debts incurred directly by the corporation.
Section
12.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The purposes of the corporation established by the authority pursuant to this Act are to:
(1) Purchase, acquire, own, pledge, encumber, or otherwise transfer all right, title, and interest
of the state in, to, and under the master settlement agreement, including all right, title, and
interest to receive or collect tobacco settlement revenues;
(2) Raise funds through the issuance of bonds or other obligations or evidences of
indebtedness or ownership or through the sale, transfer, pledge, encumbrance,
securitization, factoring, or other conveyance of the rights described above in subdivision
(1) of this section for the purposes described in this Act;
(3) Serve the Legislature by making reports concerning the foregoing;
(4) Sue and be sued and to prosecute and defend, at law or in equity, in any court having
jurisdiction of the subject matter and of the parties;
(5) Have and to use a corporate seal and to alter the same at pleasure;
(6) Maintain an office at any place the authority by resolution may designate; and
(7) Do all things necessary and convenient to carry out the purposes of this Act.
Section
13.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The corporation is vested with the same power and authority and is subject to the same
limitations and conditions, as are applicable to the authority pursuant to
§
§
5-12-1.1, 5-12-4, 5-12-5,
5-12-8.1, 5-12-22, 5-12-24, 5-12-26, 5-12-27, 5-12-27.1, 5-12-27.2, 5-12-27.3, 5-12-27.4, 5-12-27.6,
5-12-28, 5-12-38, 5-12-38.1, and 5-12-40, except such power and authority shall be exercised with
respect to and shall be limited to the purposes of the corporation set forth in section 12 of this Act.
The corporation may not engage in any unrelated activities.
Section
14.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
No bond of the corporation issued, incurred, or created under this Act may be or become a lien,
charge, or liability against the State of South Dakota or the authority, nor against the property or
funds of the State of South Dakota or the authority within the meaning of the Constitution or statutes
of South Dakota.
Section
15.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The State of South Dakota pledges to and agrees with the holders of the bonds, notes,
certificates, or other obligations issued, incurred, or created by the corporation under this Act that
the state will not limit or alter the rights and powers vested in the corporation by this Act so as to
impair the terms of any contract made by the corporation with those holders or in any way impair
the rights and remedies of those holders until the bonds, notes, certificates, or other obligations,
together with interest thereon, interest on any unpaid installments of interest, and all costs and
expenses in connection with any action or proceedings by or on behalf of those holders are fully met
and discharged. In addition, the state pledges to and agrees with the holders of the bonds, notes,
certificates, or other obligations issued, incurred, or created by the corporation under this Act that
the state will not limit or alter the basis on which tobacco settlement revenues are to be paid to the
corporation or the authority so as to impair the terms of any such contract. The corporation is
authorized to include these pledges and agreements of the state in any contract with the holders of
bonds, notes, certificates, or other obligations issued, incurred, or created by the corporation under
this Act.
Section
16.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
Neither the State of South Dakota nor the authority is liable on bonds, notes, certificates, or
other obligations issued, incurred, or created by the corporation under this Act. Such bonds, notes,
certificates, or other obligations are not a debt of the state or the authority, and this Act may not be
construed as a guarantee by the state or the authority of the debts of the corporation. The bonds,
notes, certificates, or other securities shall contain a statement to this effect on the face of the bonds,
notes, certificates, or other obligations.
Section
17.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The authority is not liable for any bond, note, certificate, or other obligation issued, incurred,
or created by the corporation under this Act or for any act or failure to act of the corporation and the
corporation is not liable for any obligation of the authority or for any act or failure to act by the
authority.
Section
18.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The corporation is hereby declared to be performing a public function on behalf of the state
and to be a public instrumentality of the state. Accordingly, the income of the authority, and all
properties at any time owned by the authority, are exempt from all taxation in the State of South
Dakota.
Section
19.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
For purposes of chapter 47-31A, any bonds, notes, certificates, or other obligations issued,
incurred, or created by the corporation under this Act are deemed to be securities issued by a public
instrumentality of the State of South Dakota.
Section
20.
That chapter 5-12 be amended by adding thereto a NEW SECTION to read as
follows:
The corporation may employ attorneys, accountants, tobacco industry consultants and financial
experts, managers, and such other employees and agents as may be necessary and fix their
compensation.
Section
21.
The tobacco settlement trust fund is hereby established in the state treasury. The net
proceeds of sale of tobacco revenues less any amounts deposited with or for the benefit of the
authority pursuant to the provisions of section 2 of this Act, shall be deposited in the tobacco
settlement trust fund. In addition, any residual interest in or to tobacco settlement revenues or other
rights under the master settlement agreement, to the extent not required to make payments with
respect to any bonds of the corporation, are payable to or for the benefit of the tobacco settlement
trust fund. The principal of the tobacco settlement trust fund may not be expended except for costs
and expenses incurred in investing or otherwise administering the tobacco settlement trust and its
assets. The amounts in the tobacco settlement trust fund shall be invested pursuant to
§
§
4-5-23 and
4-5-26. An amount equal to the interest or other investment income earned on money in the trust
fund each fiscal year shall be transferred to the tobacco settlement interest fund created in section
21 of this Act.
Section
22.
The tobacco settlement interest fund is established in the state treasury. The money
in the tobacco settlement interest fund shall remain in the fund until appropriated by the Legislature.
The amounts in the tobacco settlement interest fund shall be invested pursuant to
§
§
4-5-23 and
4-5-26.
Section
23.
Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
"
Moved by:
Senator Whiting
Second by:
Senator Symens
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 85
85ob
In the last sentence of Section 21 of the previous amendment (85oa), delete "21" and insert "22".
Moved by:
Senator Symens
Second by:
Senator Rounds
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 85 AS AMENDED
Moved by:
Senator Symens
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(8-0-1-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Symens, Everist, Whiting, Rounds,
Halverson
Excused:
Lawler
MOTION:
TO AMEND TITLE OF SB 85
85fta
On page
1
,
line
1 of the printed bill
,
delete everything after "
to
"
and insert "
revise certain powers
of the South Dakota Building Authority, to provide for the establishment of a corporation by the
authority, to provide for the transfer and sale of all future right, title, and interest of certain amounts
payable to the state by various tobacco companies under a master settlement agreement, and to
declare an emergency.
"
.
On page
1
,
delete lines
2
and
3
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
SB 141:
establish an independent protection and advocacy entity within the
juvenile corrections system.
Presented by:
Senator Whiting
Proponents:
Lynne Valenti, Department of Human Services
Jennifer Ring, ACLU OF THE DAKOTAS
Jay M. Newberger, South Dakota Children's Coalition
Robert J. Kean, South Dakota Advocacy Services
Deb Phillips, self
Merton Tice, self
Susan Randall, South Dakota Coalition for Children
MOTION:
AMEND SB 141
141md
On page
1
,
line
7 of the printed bill
,
delete "
or
"
.
On page
1
,
line
8
,
delete "
program,
"
.
On page
1
,
line
9
,
delete "
or program
"
.
On page
1
,
line
11
,
after "facility"
delete "
or
"
.
On page
1
,
line
12
,
delete "
program
"
.
On page
1
,
delete line
13
,
and insert:
"
(2) "Monitor," the person or entity designated by the Governor to protect the legal rights of
individuals in the
"
On page
1
,
line
14
,
delete "
or programs
"
.
On page
1
,
line
15
,
delete "
or program
"
.
On page
1
,
line
15
,
delete "
and
"
.
On page
1
,
line
16
,
delete "
programs
"
.
On page
2
,
line
1
,
delete "
or program
"
.
On page
2
,
line
3
,
delete "
or program
"
.
On page
2
,
line
4
,
delete "
or program
"
.
On page
2
,
line
6
,
delete "
or is a participant in
"
.
On page
2
,
line
7
,
delete everything before "
;
"
.
On page
2
,
line
9
,
delete "
or program
"
.
On page
2
,
line
11
,
delete "
or program
"
.
On page
2
,
line
11
,
after "
at
"
insert "
undue
"
.
On page
2
,
line
14
,
delete "
or program,
"
.
On page
2
,
line
15
,
after "facility"
delete "
or
"
.
On page
2
,
line
16
,
delete "
program
"
.
On page
2
,
line
17
,
delete "
or program
"
.
On page
2
,
line
18
,
delete "
create an entity
"
and insert "
designate a person or entity to serve as
the monitor and whose primary responsibility is
"
.
On page
2
,
line
18
,
delete "
and advocate
"
.
On page
2
,
line
19
,
delete "
or programs. The entity shall
"
and insert "
. Such person or entity shall
be independent of the Department of Corrections and shall be administered by the Department of
Human Services, office of the secretary.
"
.
On page
2
,
delete lines
20
and
21
,
and insert:
"
Section 3. Any allegation of abuse and neglect of individuals within the juvenile corrections
facilities received by the Office of the Governor, the Department of Corrections, or other agencies
of the executive branch shall be promptly reported in writing to the monitor.
"
On page
2
,
line
22
,
delete "
entity
"
and insert "
monitor
"
.
On page
2
,
delete lines
23
to
25
, inclusive
,
and insert:
"
(1) Investigate incidents of abuse or neglect of such individuals within the juvenile
corrections facilities, if the incidents are reported to the monitor or if there is probable
cause to believe that the incidents occurred;
(2) Access any individual in the custody or care of juvenile corrections facilities and any
employee in the employ of the State of South Dakota or any of its political subdivisions;
(3) Access any records of or relating to any individual in the custody or care of juvenile
facilities;
(4) Provide an annual report to the Governor, the Executive Board of the Legislative
Research Council, the secretary of the Department of Human Services, and the secretary
of the Department of Corrections. The report shall contain the activities of the monitor
for the fiscal year immediately prior to the report. Activities shall reflect the number of
referrals to the monitor, the number of investigations completed, results of the
investigations, and a summary of other activities performed by the monitor;
(5) Provide training and assistance to employees of the Department of Corrections in areas
within the scope of the monitor's position.
(6) Review Department of Corrections' policies dealing with juvenile's rights to ensure
compliance with federal and state laws, rules, and policy.
Section 5. It shall be the responsibility of the monitor to report immediately, in writing, any
findings of abuse or neglect in a juvenile corrections facility to the secretary of the Department of
Corrections and the Governor and to state in the report the facts found by the monitor and the names
of any individuals who perpetrated the abuse or neglect.
Section 6. There is hereby created the South Dakota Corrections Committee to make a
continuing study of the operation of the state's correctional system.
Section 7. The Corrections Committee shall consist of five members of the House of
Representatives to be appointed by the Speaker of the House of Representatives and five members
of the Senate to be appointed by the President Pro Tempore. The members of the corrections
committee shall be appointed biennially for terms expiring on January first of each succeeding odd-
numbered year and shall serve until their respective successors are appointed and qualified. No more
than three from each legislative body may be from the same political party.
Section 8. The Corrections Committee shall select a chair and vice chair and shall be provided
with staff assistance from the Legislative Research Council.
Section 9. The Corrections Committee shall review and act upon all proposed legislation
regarding the establishment and operation of the state's corrections system.
Section 10. The Department of Corrections or such other executive branch agency as the
Governor may direct shall, on or before December 1, 2000, submit to the Corrections Committee of
the Legislature a report and recommendation regarding the desirability and feasibility of the
Department of Corrections seeking accreditation of all juvenile corrections facilities under the
direction of the Governor.
"
On page
3
,
delete lines
1
to
25
, inclusive
.
Moved by:
Senator Rounds
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 141
141oa
On page 2, Subdivision 4 of the previous amendment (141md),
delete "
Executive Board of the
Legislative Research Council
"
and insert "
Legislature, the Corrections Commission established by
§
1-15-1.13
"
.
Moved by:
Senator Whiting
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 141
141ob
On page
2
,
Subdivision 4 of the previous amendment (141md),
after "
the investigations,
"
insert
"
corrective actions taken,
"
.
Moved by:
Senator Whiting
Second by:
Senator Symens
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 141 AS AMENDED
Moved by:
Senator Rounds
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:
TO AMEND TITLE OF SB 141
141mtd
On page
1
,
line
1 of the printed bill
,
delete everything after "
establish
"
and insert "
the South
Dakota Corrections Committee and a monitor
"
.
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
MOTION:
ADJOURN
Moved by:
Senator Symens
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
Nancy Benson
_________________________________
Committee Secretary
Harold Halverson, Chair
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