Senate State Affairs Minutes 02/07/2001 7:45 AM

76^th Legislative Session _ 2001

Committee: Senate State Affairs

Wednesday, February 07, 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 MONDAY, FEBRUARY 5, 2001

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

         SB 232: provide for a universal service fund for certain telecommunications services.

MOTION:     TO TABLE SB 232

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

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

Everist

Excused:    Daugaard

         SB 102: provide that any Board of Regents' employee is eligible for longevity pay.

Presented By:    Senator Staggers
Proponents:    Bob Stevens, South Dakota Education Association
Opponents:    Tad Perry, Board of Regents

MOTION:     DEFER SB 102 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Whiting
Action:    Was not acted on.

MOTION:     AMEND SB 102

On page 2 of the printed bill, remove the overstrikes from lines 4 to 6 , inclusive.

On page 2 , line 6, after " year " insert " and who are not exempt from the Federal Fair Labor Standards Act as amended to January 1, 2001 ".

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

MOTION:     DO PASS SB 102 AS AMENDED

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

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

Excused:    Munson

MOTION:     REFER TO Appropriations

Moved by:    Daugaard

Second by:    Brosz
Action:    Prevailed by voice vote.

MOTION:     TO AMEND TITLE OF SB 102

On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain provisions regarding the eligibility of Board of Regents' employees".

Moved by:    Sutton (Dan)
Second by:    Symens
Action:    Prevailed by voice vote.

         SB 213: revise certain provisions regarding longevity compensation for state employees.

Presented By:    Senator Apa (document #1)
Proponents:    Ken Melius, South Dakota State Employees Organization
        Paul Aylward, South Dakota Public Employees AFSCME
Opponents:    Bob Sahr, Bureau of Personal
        Tad Perry, Board of Regents

MOTION:     DEFER SB 213 TO THE 41^ST LEGISLATIVE DAY

Moved by:    Brosz
Second by:    Whiting
Action:    Prevailed by roll call vote.(5-3-1-0)

Voting Yes:    Brosz, Daugaard, Symens, Whiting, Everist

Voting No:    Hutmacher, Sutton (Dan), Brown (Arnold)

Excused:    Munson

         SB 212: revise certain provisions regarding reduced tuition for certain state employees.

Presented By:    Senator Apa
Proponents:    Ken Melius, South Dakota State Employees Organization
Opponents:    Tad Perry, Board of Regents
        Bob Sahr, Bureau of Personal

MOTION: AMEND SB 212

On page 1, line 8 of the printed bill, remove the overstrikes from " ~~fifty~~ " .

On page 1 , line 9, delete " twenty-five " .

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

MOTION:     DO PASS SB 212 AS AMENDED

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

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

Voting No:    Brown (Arnold)

         SB 24: require coroners and funeral directors to notify eye and tissue banks of certain deaths for the purpose of anatomical gifts.

Presented By:    Doneen Hollingsworth, Department of Health (document #2)
Proponents:    Senator Jim Putnam
        Ken Senger, South Dakota Association of Healthcare Organizations
        Ed Seljeskog, South Dakota State Medical Association
        Dalton Sanders
        Deb Bowman, Governor's Office
        Christine Belitz, Lion's Eye Bank
        David Volk
Opponents:    Steve Willard, South Dakota Funeral Directors Association
        Myron Nohava, South Dakota Funeral Directors Association

MOTION:     AMEND SB 24

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 34-26 be amended by adding thereto a NEW SECTION to read as follows:

Any funeral director or coroner taking initial possession of the decedent shall notify the appropriate eye and tissue bank facilities of the decedent's death for the purpose of ascertaining whether an anatomical gift is appropriate. Notification is not required if the death occurred in a health care facility licensed pursuant to chapter 34-12 or while in the care of a certified hospice or home health care provider.

Section 2. That chapter 34-26 be amended by adding thereto a NEW SECTION to read as follows:

If a death occurs in a health care facility licensed pursuant to chapter 34-12 or while in the care of a certified hospice or home health provider, the facility or provider shall notify the appropriate eye and tissue bank facilities of the decedent's death for the purpose of ascertaining whether an anatomical gift is appropriate unless the facility or provider otherwise has written protocols for the identification of potential anatomical gift donors.

Section 3. That chapter 34-26 be amended by adding thereto a NEW SECTION to read as follows:

The report required under sections 1 and 2 of this Act, inclusive, shall be made within six hours of the estimated time of death for all decedents under seventy-three years of age, in order to facilitate timely donation of anatomical gifts."

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

The Chair deferred SB 24 until Friday, February 9, 2001.

SB 184: revise certain career service system rules pertaining to causes for disciplinary action against employees.

The Chair deferred SB 184 until another day.

SB 204: permit tribal identification cards in lieu of other identification when applying for a driver's license.

The Chair deferred SB 204 until another day.

SB 236: provide for legislative redistricting by a bipartisan, nonlegislative commission and to declare an emergency.

The Chair deferred SB 236 until another day.

Chair Everist recessed the committee and reconvened at 5:00 PM.

         SB 252: provide for the establishment of the School and Public Lands Paleontology Advisory Council and to prescribe its duties.

Presented By:    Senator de Hueck (document #3)
Proponents:    Curt Johnson, Commissioner of Schools and Public Lands
        Marion Zenker, Black Hills Institute (documents #4 and #5)
Opponents:    Gale Bishop, Museum of Geology South Dakota School of Mines and Technology
        James Martin, Museum of Geology South Dakota School of Mines and Technology

MOTION:     AMEND SB 252

On page 2, line 23 of the printed bill, remove the overstrikes from " ~~a qualified paleontologist~~ " .

On page 2 , line 23, before " the " insert " and ".

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

MOTION:     AMEND SB 252

On page 2, line 17 of the printed bill, remove the overstrikes from " ~~after consultation~~ " .

On page 2 , line 17, delete " who may consult " .

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

MOTION:     DO PASS SB 252 AS AMENDED

Moved by:    Hutmacher
Second by:    Symens
Action:    Prevailed by roll call vote.(7-2-0-0)

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

Voting No:    Brown (Arnold), Everist

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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