76th Legislative Session _ 2001

Committee: House State Affairs
Monday, January 29, 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 26, 2001.

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

The Chair deferred HB 1090 until a later date.

MOTION:     TO INTRODUCE THE FOLLOWING BILLS AT THE REQUEST OF THE GOVERNOR.

AN ACT TO AUTHORIZE THE EXPENDITURE OF TOBACCO PROCEEDS FOR

TOBACCO CESSATION AIDS

AN ACT TO REPLACE CERTAIN GEOGRAPHIC NAMES THAT USE OFFENSIVE NAMES, WORDS, OR PHRASES

AN ACT TO REVISE THE DEFINITION OF BARRATRY

AN ACT TO REPEAL THE REQUIREMENT OF A LIEN AGAINST THE PROPERTY OF ANY LAND WHICH IS FOUND TO HAVE AN UNDERGROUND PETROLEUM TANK AND TO DECLARE AN EMERGENCY

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

         SCR 3: Supporting the conversion of the underground mine and portions of the surface mining facilities at Homestake Mine in Lead, South Dakota, to a National Underground Science Laboratory operated by the South Dakota School of Mines and Technology for the National Science Foundation.

Presented By:    Representative John Teupel, prime sponsor
Proponents:    Representative Chris Madsen, sponsor
        Representative Mel Olson, sponsor

MOTION:     THAT SCR 3 BE CONCURRED IN

Moved by:    Duniphan
Second by:    Jaspers
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 1144: revise certain provisions relating to child custody and to provide for a shared parenting plan.

Presented By:    Representative Clarence Kooistra, prime sponsor (handouts 1 and 2)
Proponents:    Steve Mathis, self, President of Coalition for Shared Parenting, Huron (handout 3)
        Randel Brumbaugh, self, Platte
        Jason Kauffman, self, Sioux Falls
        John Grosz, self, Sioux Falls
        Tim Stanga, self, Sioux Falls (handouts 4,5 6)


        John Paulton, Family Policy Council, Sioux Falls
Opponents:    Karen Hattervig, self, Sioux Falls
Comments by: Linda Lea Viken, self, Rapid City

MOTION:     AMEND HB 1144

1144ja
     On page 3, after line 10 of the printed bill, insert:

"

     Section 7. For purposes of this Act, shared parenting is defined as a parenting plan whereby each parent provides a suitable home for the child of the parents, and the parents share the duties, responsibilities, and expenses of parenting.".

Moved by:    Olson (Mel)
Second by:    Eccarius
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1144 AS AMENDED

Moved by:    Jaspers
Second by:    Michels
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1144

1144oa
     On page 1 of the printed bill, delete lines 4 to 15 , inclusive.

     On page 2 , delete lines 1 to 15 , inclusive.

     On page 2 , line 22, delete everything after " child. " .

     On page 2 , delete lines 23 and 24 .

     Delete the previously adopted amendment 1144ja.

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



MOTION:     DO PASS HB 1144 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Brown (Richard)
Action:    Prevailed by roll call vote.(8-4-1-0)

Voting Yes:    Brown (Richard), Glenski, Hanson (Gary), Jaspers, Juhnke, Olson (Mel), Smidt, Peterson (Bill)

Voting No:    Duenwald, Duniphan, Eccarius, Michels

Excused:    Napoli

MOTION:     TO AMEND TITLE OF HB 1144

1144ota
     On page 1, line 1 of the printed bill, delete " and to " and insert ".".

     On page 1 , delete line 2 .

Moved by:    Olson (Mel)
Second by:    Duniphan
Action:    Prevailed by voice vote.

         HB 1121: provide for implied covenants of good faith and fair dealing in certain employment contracts.

Presented By:    Representative Mel Olson, prime sponsor
Proponents:    Paul Aylward, lobbyist, AFSCME, Huron
        Joe Kraljic, lobbyist, BMWE, Sioux Falls
        Dick Brown, lobbyist, AFL-CIO, Sioux Falls
        Rex Hagg, lobbyist, SD Trial Lawyers Association, Rapid City
Opponents:    James Marsh, Director, SD Department of Labor
        David Owen, lobbyist, SD Chamber of Commerce, Sioux Falls
        Ron Olinger, lobbyist, SD Retailers Association, Pierre
        Bob Riter, lobbyist, National Federation of Independent Business, Pierre
        Gene Enck, lobbyist, Associated School Boards of South Dakota, Pierre
        Brent Wilbur, lobbyist, SD Bankers Association, Pierre
        Jim Shekleton, Board of Regents, Pierre
        Bob Sahr, Staff Attorney and lobbyist, Bureau of Personnel


The Chair deferred HB 1121 until Wednesday, January 31, 2001.

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair


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