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 FEBRUARY 9, 2000

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

Gavel passed to Vice-Chair Rounds

MOTION:      Confirms reappointment of Ronald W. Mielke, Minnehaha County, Sioux Falls, South Dakota, Assistant Adjutant General, Air.

Moved by:      Senator Dunn (Jim)
Second by:      Senator Symens
Action:      Prevailed by roll call vote.   (9-0-0-0)

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

MOTION:      Confirms reappointment of Donald J. Goldhorn, Pennington County, Rapid City, South Dakota, Assistant Adjutant General, Army.

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Moved by:      Senator Halverson
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

          HB 1109:   provide for an interagency team review and a written finding that placement in a Department of Corrections facility is the least restrictive placement commensurate with the best interests of the child.

Presented by:      Senator Whiting
Proponents:      Representative Hunt
          Cory Nelson, Department of Corrections
          Mike Winder, Department of Corrections

MOTION:      AMEND HB 1109

1109ob

     On page 3 , line 8 of the printed bill , delete " Subsequent " and insert " Any subsequent " .

     On page 3 , line 9 , delete " may be authorized without " and insert " shall be reviewed and authorized by such an interagency team " .

     On page 3 , line 10 , delete " an interagency review " .

Moved by:      Senator Hutmacher
Second by:      Senator Lawler
Action:      Was not acted on.

MOTION:      SUBSTITUTE MOTION TO TABLE AMENDMENT

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

MOTION:      DO PASS HB 1109

Moved by:      Senator Halverson
Second by:      Senator Munson (David)
Action:      Prevailed by roll call vote.   (7-2-0-0)

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

Voting no:      Hutmacher, Lawler

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          HB 1187:   clarify the time of filing petitions for adoption.

Presented by:      Representative Monroe

MOTION:      DO PASS HB 1187

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

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

Excused:      Whiting

MOTION:      PLACE HB 1187 ON CONSENT

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

          HB 1207:   revise the definition of true and full value in money that is used for inheritance tax purposes.

Presented by:      Representative Apa

Proponents:      Senator Staggers
Opponents:      Allen J. Eide, Department of Revenue

MOTION:      DEFER HB 1207 UNTIL THE 36TH LEGISLATIVE DAY

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

MOTION:      SUBSTITUTE MOTION DEFER HB 1207 UNTIL FEBRUARY 16, 2000

Moved by:      Senator Symens
Second by:      Senator Lawler
Action:      Was not acted on.

MOTION:      TO TABLE HB 1207

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

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

Voting no:      Hutmacher, Lawler, Symens

          HB 1175:   authorize the Division of Insurance to promulgate rules regarding the privacy of medical records.

Presented by:      Representative Hunt
Proponents:      Senator Moore
          Randy Moses, Division of Insurance
Opponents:      Darla Pollman-Rogers, Health Insurance Association of America
          Dick Tieszen, State Farm
          Dennis Duncan, Pharmaceutical Research Manufacturers of America

MOTION:      DO PASS HB 1175

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

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

Excused:      Hutmacher

Gavel passed to Chair Halverson

          HB 1101:   revise the grounds for revocation or suspension of an alcoholic beverage license.

Presented by:      Representative Michels
Proponents:      Senator Olson
          Tim Dougherty, South Dakota Retail Liquor Dealers Association
          Rhonda Van Den Eykel, South Dakota Liquor Dealers Association (Documents #1, #2)
Opponents:      Jerry Wheeler, South Dakota Retailers Association
          Wendy Luleerg Lockwood, Viborg (Document #3)

MOTION:      AMEND HB 1101

1101oc

     On page 2 , line 4 of the House State Affairs committee engrossed bill , delete " and " .

     On page 2 , line 6 , delete " . " and insert " ; and

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             (5)    The licensee has not had any prior violation of any statute, ordinance, rule, or regulation prohibiting the sale or service of an alcoholic beverage to a person under the age of twenty-one years on the premise where the violation occurred in the previous twelve months.

     Section 2. That chapter 35-9 be amended by adding thereto a NEW SECTION to read as follows:

     If the conviction for a violation of §  35-9-1, 35-9-1.1, or 35-9-2 is for a first offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than thirty days and not to exceed one year. However, the court may issue an order permitting the person to operate a motor vehicle for purposes of the person's employment or attendance at school or to court-ordered counseling programs during the hours of the day and the days of the week set forth in the order. The court may also restrict the privilege in such manner as it sees fit for a period not to exceed one year.

     If the conviction for a violation of §  35-9-1, 35-9-1.1, or 35-9-2 is for a second or subsequent offense, the court shall, in addition to any other penalty allowed by law, order the revocation of the defendant's driving privileges for a period not less than sixty days and not to exceed one year. " .

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

MOTION:      DO PASS HB 1101 AS AMENDED

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

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

Excused:      Hutmacher, Whiting, Rounds

MOTION:      TO AMEND TITLE OF HB 1101

1101ota

     On page 1 , line 2 of the House State Affairs committee engrossed bill , after " license " insert " and to provide for the revocation of driving privileges upon a conviction for unlawful sales or purchases of alcoholic beverages involving persons under the age of twenty-one " .

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

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MOTION:      ADJOURN

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

Nancy Benson

Committee Secretary