75th Legislative Session -- 2000
Committee: Senate State Affairs
Wednesday, February 16, 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 14, 2000
Moved by:
Senator Dunn (Jim)
Second by:
Senator Symens
Action:
Prevailed by voice vote.
MOTION:
Suspend the rules in order to hear HB 1211
Moved by:
Senator Dunn (Jim)
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(7-0-2-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Symens, Everist, Rounds, Halverson
Excused:
Lawler, Whiting
HB 1211:
revise the date at which certain telecommunications companies may
begin certain promotions for local exchange service.
Presented by:
Senator Whiting
Proponents:
Mike DeMersseman, Black Hills FiberCom (Document #1)
Ron Schaible, Black Hills FiberCom
Opponents:
Larry Toll, U S West
The Chair deferred HB 1211 until FEBRUARY 18, 2000.
HB 1261:
permit schools to display the Ten Commandments.
Presented by:
Senator Lawler
Proponents:
Cindy Flakoll, Concerned Women for America
Representative Weber
Linda Schauer, self
Rita Houghlum, South Dakota Eagle Forum
Opponents:
Jennifer Ring, ACLU OF THE DAKOTAS
Larry Lucas, self (Documents #2, #3)
Bob Stevens, South Dakota Education Association
MOTION:
DO PASS HB 1261
Moved by:
Senator Rounds
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(5-3-1-0)
Voting yes:
Munson (David), Hutmacher, Lawler, Rounds, Halverson
Voting no:
Dunn (Jim), Everist, Whiting
Excused:
Symens
HB 1288:
permit tribal identification cards in lieu of other identification when
applying for a driver's license.
Presented by:
Representative Hagen
Opponents:
Cindy Gerber, Department of Commerce and Regulation
MOTION:
DEFER HB 1288 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(7-2-0-0)
Voting yes:
Dunn (Jim), Munson (David), Lawler, Everist, Whiting, Rounds, Halverson
Voting no:
Hutmacher, Symens
HB 1246:
exempt certain transfers of property used for agricultural or business
purposes from the inheritance tax.
Presented by:
Representative Donald Munson
Proponents:
Dave Owen, South Dakota Chamber of Commerce and Industry
MOTION:
AMEND HB 1246
1246fb
On page
2
,
between lines
2
and
3
of the printed bill
,
insert:
"
Section 3. If within three years of the decedent's death the lineal issue of the decedent sells the
property or ceases to use the property for agricultural use or business use as defined in section 1 of
this Act, a recapture tax is due in an amount equal to the inheritance tax which would have been due
without this exemption. In addition to the recapture tax, interest shall be paid at the Category B rate
of interest as established in
§
54-3-16 from the date when the tax originally would have been due.
"
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER HB 1246 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS HB 1246
Moved by:
Senator Munson (David)
Second by:
Senator Hutmacher
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE AMENDMENT 1246fb
Moved by:
Senator Whiting
Second by:
Senator Symens
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1246
Moved by:
Senator Munson (David)
Second by:
Senator Lawler
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE HB 1246
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Dunn (Jim), Lawler, Everist, Rounds, Halverson
Voting no:
Munson (David), Hutmacher, Symens, Whiting
HB 1197:
exempt mentally retarded persons from the death penalty and to provide
for a determination of mental retardation in such cases.
Presented by:
Representative Wilson
Proponents:
Robert J Kean, South Dakota Advocacy Services
Jennifer Ring, ACLU OF THE DAKOTAS
Mark Barnett, Attorney General
Nick Braune, South Dakota Peace and Justice Center
MOTION:
DO PASS HB 1197
Moved by:
Senator Lawler
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
HB 1272:
provide for periodic judicial review of status of children in custody of the
Department of Corrections.
Presented by:
Representative Wilson
Proponents:
Jennifer Ring, ACLU OF THE DAKOTAS
MOTION:
AMEND HB 1272
1272oa
On page
1
,
line
7 of the printed bill
,
after "
thereafter
"
insert "
while the child remains in a
correctional placement
"
.
Moved by:
Senator Rounds
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1272 AS AMENDED
Moved by:
Senator Lawler
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
HB 1239:
limit the use of mechanical restraints in juvenile correctional facilities.
Presented by:
Representative Fischer-Clemens
Proponents:
Jennifer Ring, ACLU OF THE DAKOTAS
MOTION:
AMEND HB 1239
1239ob
On page
1
,
delete line
15 of the House engrossed bill
.
On page
2
,
delete lines
1
to
10
, inclusive
.
Moved by:
Senator Rounds
Second by:
Senator Everist
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1239 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
HB 1266:
increase marriage license fees and to allow for a lower fee if the
applicants complete premarital counseling.
Presented by:
Representative Hunt
Proponents:
John Paulton, South Dakota Family Policy Council
Opponents:
Jeff Fox, South Dakota Network Against Domestic Violence
MOTION:
DEFER HB 1266 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Senator Rounds
Second by:
Senator Halverson
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
MOTION:
ADJOURN
Moved by:
Senator Munson (David)
Second by:
Senator Symens
Action:
Prevailed by voice vote.
Nancy Benson
_________________________________
Committee Secretary