76th Legislative Session _ 2001

Committee: Senate State Affairs
Monday, February 05, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brosz
P    Daugaard
P    Hutmacher
P    Munson
P    Sutton (Dan)
P    Symens
P    Whiting
P    Brown (Arnold), Vice-Chair
P    Everist, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Barbara Everist, Chair

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 2, 2001

Moved by:    Whiting
Second by:    Brown (Arnold)
Action:    Prevailed by voice vote.

          SB 128: require an agency to serve minutes of the rules hearing before the agency appears before the Interim Rules Committee.

Presented By:    Senator Dennert

MOTION:     DO PASS SB 128

Moved by:    Daugaard
Second by:    Symens
Action:    Prevailed by roll call vote.(8-0-1-0)


Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Symens, Whiting, Brown (Arnold), Everist

Excused:    Sutton (Dan)

MOTION:     PLACE SB 128 ON CONSENT

Moved by:    Hutmacher
Second by:    Brosz
Action:    Prevailed by voice vote.

         SB 112: repeal the prohibition of certain disclosures by a state agency of information concerning a private entity.

Presented By:    Senator Moore
Proponents:    John Bixler, Dakota Rural Action

MOTION:     TO TABLE SB 112

Moved by:    Brosz
Second by:    Whiting
Action:    Prevailed by roll call vote.(6-2-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Whiting, Brown (Arnold), Everist

Voting No:    Hutmacher, Symens

Excused:    Sutton (Dan)

         SCR 8: Supporting programs that bring communities together to examine their demographic pasts and futures and that encourage them to look beyond traditional barriers to find practical solutions to the problems they face.

Presented By:    Senator Brown

MOTION:     ADOPT RESOLUTION SCR 8

Moved by:    Brosz
Second by:    Munson
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Symens, Whiting, Brown (Arnold), Everist

Excused:    Sutton (Dan)

MOTION:     PLACE SCR 8 ON CONSENT

Moved by:    Whiting
Second by:    Daugaard
Action:    Prevailed by voice vote.

         SB 229: provide direction to the South Dakota Investment Council in the investment of the net proceeds derived from the sale of state cement enterprises and to declare an emergency.

Presented By:    Senator McCracken
Proponents:    Curt Everson, Office of Finance and Management

MOTION:     DO PASS SB 229

Moved by:    Symens
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

         SCR 5: Requesting the Executive Board of the Legislative Research Council to appoint an interim committee to study the feasibility of using the internet to conduct elections in the state.

Presented By:    Senator Volesky

MOTION:     TO TABLE SCR 5

Moved by:    Whiting
Second by:    Daugaard
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Brosz, Daugaard, Whiting, Brown (Arnold), Everist

Voting No:    Hutmacher, Munson, Sutton (Dan), Symens

         SB 25: require the use of safety seat belts by passenger vehicle occupants under

eighteen years of age.

Presented By:    Doneen Hollingsworth, Department of Health (documents #1, #2)
Proponents:    Tom Dravland, South Dakota Highway Patrol
        Clara Johnson, Avera McKennan
        Allen Aden, Pierre Law Enforcement Officer
        Steve Williams, South Dakota Academy of PA's
        Kay Williams
        Edward Seljeskog, South Dakota Medical Association
        Susan Randall, South Dakota Coalition for Children
        Brett Koenecke, South Dakota Nurses Association            
        Richard Tieszen, State Farm Insurance

MOTION:     AMEND SB 25

25oa
     On page 1 of the printed bill, delete lines 4 to 15 , inclusive, and insert:

"
     Section 1. That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:

     Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.

     Section 2. That chapter 32-37 be amended by adding thereto a NEW SECTION to read as follows:

     Any operator of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.

     Section 3. That chapter 32-37 be amended by adding thereto a NEW SECTION to read as

follows:

     Any passenger of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.".

Moved by:    Munson
Second by:    Brosz
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 25 AS AMENDED

Moved by:    Brosz
Second by:    Munson
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Voting No:    Hutmacher

          SB 163: require certain state vehicles to use ethanol or biodiesel blend.

MOTION:     TO TABLE SB 163

Moved by:    Daugaard
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Brosz, Daugaard, Munson, Whiting, Brown (Arnold), Everist

Voting No:    Hutmacher, Sutton (Dan), Symens

         HB 1099: permit certain persons to solemnize marriages.

Presented By:    Representative Adelstein

MOTION:     DO PASS HB 1099


Moved by:    Whiting
Second by:    Daugaard
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

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

The Chair deferred HB 1045 until another day.

         SB 216: prohibit certain signage and advertisement of the video lottery.

The Chair deferred SB 216 until another day.

MOTION:     ADJOURN

Moved by:    Brown (Arnold)
Second by:    Brosz
Action:    Prevailed by voice vote.

Alice Christensen

____________________________

Committee Secretary
Barbara Everist, Chair

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