House State Affairs Minutes 01/31/2001 10:00 AM

76^th Legislative Session _ 2001

Committee: House State Affairs

Wednesday, January 31, 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 MONDAY, JANUARY 29, 2001.

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

         HB 1090: provide for maintenance of and accessibility to concealed pistol permit information by law enforcement.

Presented By:    Representative J. P. Duniphan, prime sponsor

MOTION:     DEFER HB 1090 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Duniphan
Second by:    Smidt
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION TO TABLE HB 1090

Moved by:    Michels
Second by:    Eccarius
Action:    Prevailed by roll call vote.(11-2-0-0)

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

Voting No:    Brown (Richard), Peterson (Bill)

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

    Testimony was taken at previous meeting.

MOTION:     AMEND HB 1121

On page 1, line 8 of the printed bill, after " relationship. " insert " Nothing in this section may be interpreted to require an employer to have just cause for terminating the employment of any employee. ".

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

MOTION:     DO PASS HB 1121 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Hanson (Gary)
Action:    Failed by roll call vote.(3-10-0-0)

Voting Yes:    Glenski, Hanson (Gary), Olson (Mel)

Voting No:    Brown (Richard), Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt,

Napoli, Peterson (Bill)

MOTION:     DEFER HB 1121 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Jaspers
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli, Peterson (Bill)

Voting No:    Glenski, Hanson (Gary), Olson (Mel)

         HB 1118: extend the time period during which previous driving while intoxicated convictions may be considered for determining subsequent offenses.

Presented By:    Representative Gene Abdallah, prime sponsor
Proponents:    Dick Tieszen, lobbyist, SD Sheriffs Association and SD Chief of Police Association
        Chuck Schroyer, SD States Attorneys Association
        Mark Smith, Hughes Co. State's Attorney
        Representative Tom Hennies, self

MOTION:     DO PASS HB 1118

Moved by:    Brown (Richard)
Second by:    Jaspers
Action:    Prevailed by roll call vote.(11-1-0-0)

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

Voting No:    Napoli

         HB 1146: create the position of state wildland fire coordinator and to transfer forest fire suppression activities from the state forester to the state wildland fire coordinator.

Presented By:    Representative Jim Lintz, prime sponsor
Proponents:    Larry Gabriel, Secretary, Department of Agriculture
        Senator Drue Vitter, sponsor

MOTION:     DO PASS HB 1146

Moved by:    Napoli
Second by:    Juhnke
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:     PLACE HB 1146 ON CONSENT

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

         HB 1147: revise certain eligibility restrictions relating to secondary school extracurricular activities.

Presented By:    Representative Mike Jaspers, prime sponsor
Proponents:    Dianna Miller, lobbyist, ESD+1
        Hank Kosters, lobbyist, Associated School Boards of SD
        Joy Smolinsky, lobbyist, SD Coalition for Children, Sioux Falls
        Christie Johnson, lobbyist, School Administrators of SD
Opponents:    Brent Wilbur, Office of the Governor (handout 1)

MOTION:     AMEND HB 1147

On page 1, line 13 of the printed bill, after " activities. " insert " The one-year suspension may not be reduced if the person was adjudicated, convicted, or the subject of a suspended imposition of sentence for distribution of controlled substances or marijuana. ".

On page 2 , line 9, after " activities. " insert " The permanent suspension may not be reduced if the person was adjudicated, convicted, or the subject of a suspended imposition of sentence for distribution of controlled substances or marijuana. ".

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

MOTION:     DO PASS HB 1147 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Jaspers
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1147 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Duniphan
Action:    Prevailed by roll call vote.(7-5-1-0)

Voting Yes:    Duniphan, Eccarius, Juhnke, Michels, Smidt, Napoli, Peterson (Bill)

Voting No:    Brown (Richard), Glenski, Hanson (Gary), Jaspers, Olson (Mel)

Excused:    Duenwald

         HB 1173: establish South Dakota Statehood Day as a working holiday.

Presented By:    Representative Kent Juhnke, prime sponsor
Proponents:    Toyela Fortune, Trey Fortune, Cody O'Dea, Luke O'Dea, students, Plum Creek School, Philip
        Jeanette Riedy, teacher, Plum Creek School, Philip

MOTION:     DO PASS HB 1173

Moved by:    Juhnke
Second by:    Duniphan
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    Duenwald

The Chair deferred HB 1176 until Friday, February 2, 2001.

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary

Bill Peterson, Chair

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