76th Legislative Session _ 2001

Committee: House State Affairs
Monday, January 22, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brown (Richard)
P    Duenwald
P    Duniphan
P    Eccarius
P    Glenski
P    Hanson (Gary)
P    Jaspers
P    Juhnke
P    Michels
P    Olson (Mel)
P    Smidt
P    Napoli, Vice-Chair
P    Peterson (Bill), Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Bill Peterson

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, JANUARY 19, 2001.

Moved by:    Duniphan
Second by:    Jaspers
Action:    Prevailed by voice vote.

The Chair deferred HB 1090 until Wednesday, January 24, 2001.

         HB 1045: prohibit the disclosure and use of personal information contained in certain motor vehicle records.

    Testimony was heard on Friday, January 19.


MOTION:     AMEND HB 1045

1045ob
     On page 1, line 8 of the printed bill, before " engage " insert "knowingly".

     On page 2 , line 18, delete " disseminated " and insert "disclosed".

     On page 5 , delete lines 15 to 17 , inclusive, and insert:

"

     Any person who requests disclosure of personal information from department records to misrepresent his or her identity or to knowingly make a false statement to the department on any application required to be submitted pursuant to this Act is guilty of a Class 5 felony.".

Moved by:    Brown (Richard)
Second by:    Napoli
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1045

1045fa
     On page 6, after line 1 of the printed bill, insert:

"      Section 10. That chapter 32-5 be amended by adding thereto a NEW SECTION to read as follows:

     For the purpose of license renewal, any person in possession of a motor vehicle title or license renewal certificate provided by the state or the county may renew the vehicle's registration on behalf of the owner. Presentation of the motor vehicle title or license renewal certificate by anyone other than the owner is deemed consent of the vehicle owner, and any misrepresentation or false statement for license renewal is a violation of this section and is a Class 5 felony.".

Moved by:    Napoli
Second by:    Jaspers
Action:    Prevailed by voice vote.

 MOTION:     AMEND THE AMENDMENT

1045oe
     In the previously adopted amendment, 1045fa, in the last sentence, delete ", and any misrepresentation or" and insert ". Any person who knowingly misrepresents or makes any".

     In the last sentence, delete "a violation of this section and is" and insert "guilty of".

Moved by:    Brown (Richard)
Second by:    Duniphan
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1045

1045oa
     On page 3, line 11 of the printed bill, delete " written " and insert "express".

Moved by:    Michels
Second by:    Juhnke
Action:    Prevailed by voice vote.

 MOTION:     AMEND HB 1045

1045od
     In the previously adopted amendment 1045fa, delete "Class 5 felony" in the last sentence and insert "Class 1 misdemeanor".

     In the previously adopted amendment, 1045ob, delete "Class 5 felony" in the last sentence and insert "Class 1 misdemeanor".

Moved by:    Jaspers
Second by:    Smidt
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1045 AS AMENDED

Moved by:    Michels
Second by:    Brown (Richard)
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)


         HB 1084: place a moratorium on new video lottery establishments and machines.

Presented By:    Representative Bill Napoli, prime sponsor
Comments by: Clint Harris, Lottery Commission
Opponents:    Bob Riter, lobbyist, Music and Vending Association of SD

MOTION:     AMEND HB 1084

1084fb
     On page 1 of the printed bill, delete lines 10 and 11 , and insert:

"    No new video lottery machine license may be issued pursuant to 42-7A after the effective date of this Act. This section does not apply to the replacement of any existing video lottery machine or renewal of any video lottery machine license."


Moved by:    Napoli
Second by:    Smidt
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1084 AS AMENDED

Moved by:    Eccarius
Second by:    Glenski
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER HB 1084 UNTIL WEDNESDAY, JANUARY 24, 2001

Moved by:    Michels
Second by:    Jaspers
Action:    Prevailed by voice vote.

          SCR 1: Appointing Mr. Marty Guindon of Pierre, South Dakota, to the office of Auditor-General.

Presented By:    Representative Orville Smidt, sponsor, and introduced Marty Guindon
Comments by: Marty Guindon

MOTION:     THAT SCR 1 BE CONCURRED IN

Moved by:    Smidt

Second by:    Duniphan
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Juhnke
Action:    Prevailed by voice vote.

Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair

../01221000.HST
Page 1