76th Legislative Session _ 2001

Committee: House State Affairs
Wednesday, February 07, 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 Chair Bill Peterson

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 7 (10:00 AM)

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

          HB 1182: limit inmate telephone charges.

There was previous testimony on HB 1182.

Presented By:    Representative B. J. Nesselhuf, prime sponsor


MOTION:     AMEND HB 1182

1182ma
     On page 1 of the printed bill, delete lines 5 to 7 , inclusive, and insert:

"

     If the Department of Corrections enters into a contractual agreement with a telecommunications company to provide inmate telephone services, the terms of the contract shall include the following:

             (1)    Inmates shall have the ability to make collect calls to approved telephone numbers; and

             (2)    Inmates shall have the ability to call residential toll-free numbers on an individually approved basis.".

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

 MOTION:     DO PASS HB 1182 AS AMENDED

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

 MOTION:     SUBSTITUTE MOTION DEFER HB 1182 TO THE 41ST LEGISLATIVE DAY

Moved by:    Duniphan
Second by:    Napoli
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 1184: revise certain provisions related to the practice of dentistry.

There was previous testimony on HB 1184.

MOTION:     TO TABLE HB 1184

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

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

Voting No:    Duenwald, Hanson (Gary), Napoli

         HB 1180: allow for the sale of surplus property to tribal subdivisions.

Presented By:    Representative Jim Bradford, prime sponsor
Proponents:    Steve Stonebeck, Bureau of Administration
        Representative Tom Van Norman, self
        Representative Paul Valandra, self
        James Starkey, self, Sioux Falls

MOTION:     AMEND HB 1180

1180ja
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 5-24-9.3 be amended to read as follows:

     5-24-9.3.   The commissioner of the Bureau of Administration may make sales of material, machinery, equipment, or other personal property to state any political subdivisions subdivision of the state or to any political subdivision of any Indian tribe in the state if the political subdivision of the Indian tribe exclusively provides governmental services of a type legally provided by a political subdivision of the state . Such sales shall follow the procedures for other sales, except that no notice or advertisement for bid requirements or time of sale requirements shall apply to such sale sales . "


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

 MOTION:     DO PASS HB 1180 AS AMENDED

Moved by:    Duniphan

Second by:    Olson (Mel)
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:     TO AMEND TITLE OF HB 1180

1180jta
     On page 1, line 1 of the printed bill, delete " transfer " and insert "sale".

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

 MOTION:     PLACE HB 1180 ON CONSENT

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

          HB 1288: designate South Dakota “The Monument State.”

Presented By:    Representative Jim Bradford, prime sponsor (handouts 1 and 2)
Proponents:    Representative Paul Valandra
        Representative Thomas Van Norman
Opponents:    Senator Fred Whiting
        Representative Mike Derby

MOTION:     DEFER HB 1288 TO THE 41ST LEGISLATIVE DAY

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

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

Voting No:    Olson (Mel)

         HB 1280: replace certain geographic names that use offensive names, words, or phrases.

Testimony was taken previously on HB 1280.

Proponents:    Ron Zylstra, Governor's Office

MOTION:     AMEND HB 1280

1280fa
     On page 1, line 9 of the printed bill, delete " shall " and insert "may".

     On page 3 , line 4, delete " No recommendation " and insert "Franklin Creek".

     On page 3 , line 5, delete " Sunshine " and insert "Cleopatra".

     On page 3 , line 6, delete " Sunshine " and insert "Cleopatra".

     On page 3 , line 7, delete " Patriot " and insert "Last Chance".

     On page 3 , line 8, delete " Patriot " and insert "African".

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

 MOTION:     DO PASS HB 1280 AS AMENDED

Moved by:    Olson (Mel)
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:     PLACE HB 1280 ON CONSENT

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


         HB 1211: require certain statistics regarding traffic law enforcement to be collected and maintained.

Testimony was taken previously on HB 1211.

Proponents:    Jennifer Ring, lobbyist, ACLU, Fargo, ND
Opponents:    Dick Tieszen, lobbyist, SD Sheriffs Association and SD Chiefs of Police Association
        Representative Tom Hennies, self
        Mike Leidholt, Hughes Co. Sheriff and President of SD Sheriffs Association
        Charles McGuigan, Attorney General's Office

MOTION:     AMEND HB 1211

1211ra
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:

     The sheriffs, chiefs of police, marshals of the municipalities, and any other law enforcement officers and peace officers of the state shall collect the following information regarding traffic stops by law enforcement officers according to the reporting system established by the Division of Criminal Investigation, on forms furnished by the division and shall forward the information to the division for collection, correlation, and maintenance:

             (1)    The number of drivers stopped for routine traffic enforcement by law enforcement officers and whether or not a citation or warning was issued;

             (2)    Any identifying characteristics of the drivers stopped, including the race or ethnicity, approximate age, and gender;

             (3)    The alleged traffic violation that led to the stop;

             (4)    Whether a search was instituted as a result of the stop;

             (5)    Whether the vehicle, driver or any passenger, or the personal effects of the driver or any passenger, were searched, and the race or ethnicity, approximate age, and gender of each person searched;

             (6)    Whether the search was conducted pursuant to consent, probable cause, or reasonable suspicion to suspect a crime, including the basis for the request for consent, or the circumstances establishing probable cause or reasonable suspicion;

             (7)    Whether any contraband was found and the type and amount of any such contraband;

             (8)    Whether any written citation or any oral or written warning was issued as a result of the stop;

             (9)    Whether an arrest was made as a result of either the stop or the search;

             (10)    Whether any property was seized, with a description of that property;

             (11)    Whether any officer making the stop encountered any physical resistance from the driver or any passenger;

             (12)    Whether any officer making the stop engaged in the use of force against the driver or any passenger for any reason;

             (13)    Whether any injuries resulted from the stop; and

             (14)    Whether the circumstances surrounding the stop were the subject of any investigation, and, if so, the results of that investigation.

     The information required by this section need not be collected in connection with any roadblock, vehicle check, or checkpoint permitted by the laws of this state, unless any of those stops resulted in a warning, search, seizure, arrest, or any other activity described in subdivisions (4) to (14), inclusive, of this section.

     Any officer required by this section to collect and report traffic stop information, who fails to take and report information required by this section, is guilty of a Class 2 misdemeanor.

     Section 2. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:

     The director shall collect, correlate, and maintain the information collected by local law enforcement under section 1 of this Act.

     Section 3. That chapter 23-6 be amended by adding thereto a NEW SECTION to read as follows:

     The director shall promulgate, pursuant to chapter 1-26, a uniform form or forms to be used in the collection and reporting of traffic stop information collected by law enforcement officers under section 1 of this Act. The director may promulgate, pursuant to chapter 1-26, regulations regarding the collection, correlation, maintenance, and reporting of traffic stop information required by section 1 and section 2 of this Act."

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

 MOTION:     DEFER HB 1211 TO THE 41ST LEGISLATIVE DAY

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

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

Voting No:    Glenski, Olson (Mel)

         HB 1221: revise the financial disclosure requirements for lobbyists and employers of lobbyists.

Presented By:    Representative Hal Wick, prime sponsor
Opponents:    Gene Enck, lobbyist, Associated School Boards of SD
        Dick Tieszen, self
Comments by: Deene Dayton, Department of Legislative Audit

MOTION:     AMEND HB 1221

1221fc
     On page 2, line 21 of the printed bill, delete " 13-17 " and insert "13-37".

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

 MOTION:     AMEND HB 1221

1221oa
     On page 2, line 15 of the printed bill, after " employees " insert "to lobby".

Moved by:    Napoli

Second by:    Duniphan
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1221 AS AMENDED

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

 MOTION:     SUBSTITUTE MOTION DEFER HB 1221 TO THE 41ST LEGISLATIVE DAY

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

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

Voting No:    Brown (Richard), Duenwald, Eccarius, Glenski, Jaspers, Juhnke, Michels, Smidt, Napoli, Peterson (Bill)

MOTION: SUBSTITUTE MOTION TO DEFER UNTIL FRIDAY, FEBRUARY 9

Moved by:    Brown
Second by:    Duniphan
Action:    Failed on a voice vote.

 ORIGINAL MOTION:     DO PASS HB 1221 AS AMENDED

Action:    Prevailed by roll call vote.(10-3-0-0)

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

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

          HB 1220: provide for the election of the Game, Fish and Parks Commission and to provide for the election of the secretary of game, fish and parks.

Presented By:    Representative Frank Kloucek, prime sponsor

MOTION:     DEFER HB 1220 TO THE 41ST LEGISLATIVE DAY

Moved by:    Brown (Richard)
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)

         HB 1235: designate the state capitol complex and the Governor's mansion as a drug free zone.

Presented By:    Representative Frank Kloucek, prime sponsor

MOTION:     TO TABLE HB 1235

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

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

Excused:    Juhnke

         HB 1215: repeal the prohibition of certain disclosures by a state agency of information concerning a private entity.

Presented By:    Representative Mel Olson, prime sponsor

MOTION:     TO TABLE HB 1215

Moved by:    Duenwald
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)
Vice Chair Bill Napoli assumed the chair.

         HJR 1002: Proposing and submitting to the electors at the next general election two new sections to Article IX and amendments to Article IX, section 1 and 2 of the Constitution of the State of South Dakota, consolidating counties and providing for charter governments.

Previous testimony had been heard on HJR 1002.

Presented By:    Representative Bill Peterson, prime sponsor

MOTION:     AMEND HJR 1002

j1002ja
     On page 2, line 4 of the printed resolution, delete " twelve " and insert " twenty ".

     On page 2 , line 9, delete " forty " and insert " thirty ".

Moved by:    Peterson (Bill)
Second by:    Duniphan
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HJR 1002 AS AMENDED

Moved by:    Peterson (Bill)
Second by:    Brown (Richard)
Action:    Failed by roll call vote.(5-8-0-0)

Voting Yes:    Brown (Richard), Duniphan, Eccarius, Napoli, Peterson (Bill)

Voting No:    Duenwald, Glenski, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Smidt

 MOTION:     DEFER HJR 1002 TO THE 41ST LEGISLATIVE DAY

Moved by:    Duniphan
Second by:    Smidt
Action:    Prevailed by roll call vote.(8-5-0-0)

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


Voting No:    Brown (Richard), Eccarius, Michels, Napoli, Peterson (Bill)

Chair Bill Peterson assumed the chair.

HB 1212 was deferred until a later date.

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair

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