75th Legislative Session -- 2000
Committee: House State Affairs
Wednesday, February 16, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Brown (Richard)
P
Eccarius
P
Fischer-Clemens
P
Haley
P
Hunt
P
Jaspers
P
Koetzle
P
Koskan
P
Lucas
P
Roe
P
Smidt
P
McNenny, Vice-Chair
P
Cutler, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chairman Steve Cutler.
MOTION:
TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 14, 2000.
Moved by:
Representative Jaspers
Second by:
Representative Koetzle
Action:
Prevailed by voice vote.
SB 54:
permit schools to display religious documents under certain circumstances.
Presented by:
Senator Jim Lawler, prime sponsor
MOTION:
TO TABLE SB 54
Moved by:
Representative Jaspers
Second by:
Representative Koetzle
Action:
Prevailed by roll call vote.
(9-2-2-0)
Voting yes:
Fischer-Clemens, Haley, Jaspers, Koetzle, Koskan, Lucas, Roe, McNenny, Cutler
Voting no:
Brown (Richard), Smidt
Excused:
Eccarius, Hunt
SB 141:
establish the South Dakota Corrections Committee and a monitor within
the juvenile corrections system.
Presented by:
Senator Fred Whiting, prime sponsor
Proponents:
Representative Matthew Michels, co-sponsor
Lynne Valenti, staff attorney, Department of Human Services
Jennifer Ring, lobbyist, ACLU
Robert Kean, lobbyist, SD Advocacy Services
MOTION:
AMEND SB 141
141of
On page
3
,
delete lines
21
to
25 of the Senate engrossed bill
, inclusive
.
On page
4
,
delete lines
1
to
7
, inclusive
.
On page
4
,
line
9
,
delete "
Corrections Committee
"
.
On page
4
,
line
10
,
delete "
of the
"
.
Moved by:
Representative Hunt
Second by:
Representative McNenny
Action:
Was not acted on.
SUBSTITUTE MOTION:
AMEND SB 141
141og
On page
4
,
delete lines
6
and
7 of the Senate engrossed bill
.
Moved by:
Representative Koskan
Second by:
Representative Koetzle
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Koskan, Lucas
Voting no:
Eccarius, Hunt, Jaspers, Smidt, McNenny, Cutler
Excused:
Roe
ORIGINAL MOTION:
AMEND SB 141
141of
On page
3
,
delete lines
21
to
25 of the Senate engrossed bill
, inclusive
.
On page
4
,
delete lines
1
to
7
, inclusive
.
On page
4
,
line
9
,
delete "
Corrections Committee
"
.
On page
4
,
line
10
,
delete "
of the
"
.
Action:
Failed by roll call vote.
(5-7-1-0)
Voting yes:
Eccarius, Hunt, Jaspers, McNenny, Cutler
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Koskan, Lucas, Smidt
Excused:
Roe
MOTION:
DO PASS SB 141
Moved by:
Representative Brown (Richard)
Second by:
Representative Smidt
Action:
Was not acted on.
SUBSTITUTE MOTION:
AMEND SB 141
141od
On page
2
,
line
23 of the Senate engrossed bill
,
delete "
probable
"
and insert "
reasonable
suspicion
"
.
On page
2
,
line
24
,
delete "
cause
"
.
On page
4
,
after line
15
,
insert:
"
Section 12. A person who knowingly hinders the lawful actions of the monitor or who knowingly
refuses to comply with the lawful demands of the monitor, is guilty of a Class 1 misdemeanor.
Section 13. No state agency nor any individual acting for a state agency may take any adverse
action against an individual in retaliation because the individual cooperated with or provided
information to the monitor. A violation of this section is a Class 1 misdemeanor.
Section 14. Any report made to the monitor shall be kept confidential.
"
Moved by:
Representative Fischer-Clemens
Second by:
Representative Koetzle
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Roe, Smidt
Voting no:
Eccarius, Hunt, Jaspers, Koskan, McNenny, Cutler
MOTION:
AMEND SB 141
141og
On page
4
,
delete lines
6
and
7 of the Senate engrossed bill
.
Moved by:
Representative Koskan
Second by:
None
Action:
Ruled out of order by the chair.
MOTION:
AMEND SB 141
141oh
On page
4
,
delete lines
4
to
7 of the Senate engrossed bill
, inclusive
.
Moved by:
Representative Hunt
Second by:
Representative Eccarius
Action:
Was not acted on.
SUBSTITUTE MOTION:
DO PASS SB 141 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Fischer-Clemens
Action:
Failed by roll call vote.
(6-7-0-0)
Voting yes:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Roe, Smidt
Voting no:
Eccarius, Hunt, Jaspers, Koskan, Lucas, McNenny, Cutler
ORIGINAL MOTION:
AMEND SB 141
141oh
On page
4
,
delete lines
4
to
7 of the Senate engrossed bill
, inclusive
.
Action:
Prevailed by voice vote.
MOTION:
AMEND SB 141
141oe
On the previously adopted amendment (141od) in Section 12, delete "or who knowingly refuses
to comply with the lawful demands of the monitor,".
Moved by:
Representative Koskan
Second by:
Representative Hunt
Action:
Prevailed by voice vote.
MOTION:
DO PASS SB 141 AS AMENDED
Moved by:
Representative Brown (Richard)
Second by:
Representative Smidt
Action:
Was not acted on.
SUBSTITUTE MOTION:
DEFER SB 141 UNTIL FRIDAY, FEBRUARY 18, 2000
Moved by:
Representative McNenny
Second by:
Representative Hunt
Action:
Prevailed by roll call vote.
(7-6-0-0)
Voting yes:
Eccarius, Hunt, Jaspers, Koskan, Roe, McNenny, Cutler
Voting no:
Brown (Richard), Fischer-Clemens, Haley, Koetzle, Lucas, Smidt
SB 206:
revise certain provisions regarding liability for the bank franchise tax.
Presented by:
Jeremiah Murphy, lobbyist, Citibank
Opponents:
Nick Braun, self, Yankton
MOTION:
DO PASS SB 206
Moved by:
Representative Brown (Richard)
Second by:
Representative McNenny
Action:
Prevailed by roll call vote.
(8-4-1-0)
Voting yes:
Brown (Richard), Eccarius, Jaspers, Koskan, Lucas, Smidt, McNenny, Cutler
Voting no:
Fischer-Clemens, Haley, Koetzle, Roe
Excused:
Hunt
MOTION:
ADJOURN
Moved by:
Representative Eccarius
Second by:
Representative McNenny
Action:
Prevailed by voice vote.
Clara Shelbourn
_________________________________
Committee Secretary