76th Legislative Session _ 2001

Committee: Senate State Affairs
Friday, February 09, 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

The Chair passed the gavel to Senator Brown

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 7, 2001

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

          SB 202: revise certain provisions regarding visitation rights for grandparents.

Presented By:    Senator Everist
Proponents:    Tom Barnett, State Bar of South Dakota
        Shirley Eisnach, AARP
        Representative Van Norman

MOTION:     AMEND SB 202


202ja
     On page 1, line 7 of the printed bill, after " and " insert " either ".

     On page 1 , line 8, after " relationship " insert " or the parent or custodian of the grandchild has denied or prevented a grandparent reasonable opportunity to visit the grandchild ".

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

 MOTION:     DO PASS SB 202 AS AMENDED

Moved by:    Brosz
Second by:    Munson
Action:    Prevailed by roll call vote.(9-0-0-0)

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

The Chair resumes the gavel.

         SB 193: revise the distribution of revenue from the video lottery.

Presented By:    Senator Hutmacher
Opponents:    Jason Dilges, Bureau of Finance and Management

MOTION:     DEFER SB 193 TO THE 41ST LEGISLATIVE DAY

Moved by:    Brosz
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

         SB 218: to provide for reporting the occurrence of fetal alcohol syndrome.

Presented By:    Doneen Hollingsworth, Department of Health (document #1)
Proponents:    Gib Sudbeck, Department of Human Services


MOTION:     DO PASS SB 218

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

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

The Chair passed the gavel to Senator Brown.

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

Presented By:    Representative Bradford (document #2)
Proponents:    Representative Van Norman
        Representative Valandra
Opponents:    Cindy Gerber, Driver Licensing Bureau
        Jerry Hofer, Department of Health
        David Volk, Department of Commerce and Regulation

MOTION:     AMEND SB 204

204oa
     On page 1, line 8 of the printed bill, delete " containing the applicant's full name and date of birth, " and insert " in a form and content acceptable to the Department of Commerce and Regulation ".

     On page 1 , line 9, overstrike " a federal census record " .

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

 MOTION:     DO PASS SB 204 AS AMENDED

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

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

(Arnold), Everist

The Chair resumes the gavel.

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

Opponents:    Rita Houglum, South Dakota Eagle Forum (document #3)

MOTION:     AMEND THE AMENDMENT

24oc
     In the previously adopted amendment (24oa), delete Sections 2 and 3 and insert:

    
     "Section 2. That § 34-26-47 be amended to read as follows:

     34-26-47.   A hospital Any health care facility licensed pursuant to chapter 34-12, any certified hospice, or any home health provider shall establish written protocols for the identification of potential human organ, eye, and tissue donors that:

             (1)      Assure that potential donors and families of potential donors are made aware of the option of organ, eye, and tissue donation and their option to decline;

             (2)      Encourage discretion and sensitivity with respect to the circumstances, views, and beliefs of such families;

             (3)      Require that an organ procurement agency designated by the United States secretary of health and human services be notified of potential organ donors; and

             (4)      Require that an eye and tissue organization designated by the hospital be notified of potential eye and tissue donors ; and

             (5)    Require that the death of any identified donor be reported to an organ procurement agency. This report shall be made within six hours after the estimated time of death for all donors under seventy-three years of age . "

Moved by:    Whiting
Second by:    Symens
Action:    Was not acted on.

The Chair deferred SB 24 until Monday, February 12, 2001.

         SB 206: revise certain provisions relating to the supervision of local state agency accounts by the state treasurer and state auditor.

MOTION:     AMEND SB 206

206oa
     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. That § 4-4-3 be amended to read as follows:

     4-4-3.   All state public funds shall be received and maintained in the state treasury , and shall be disbursed only upon proper authorization by the state auditor and the state treasurer , unless the state treasurer and state auditor shall jointly determine a justification exists for maintaining such the funds in a local bank account. No agency may establish a local bank account unless the state treasurer and state auditor have jointly approved the account. A local account may only be opened at a bank upon receipt of a jointly signed and executed form as prescribed by the state treasurer and state auditor. The auditor general shall be provided a copy of the executed form each time a new account is authorized. "


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

 MOTION:     DO PASS SB 206 AS AMENDED

Moved by:    Daugaard
Second by:    Brosz
Action:    Prevailed by roll call vote.(7-1-1-0)

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

Voting No:    Hutmacher

Excused:    Munson

          SB 246: authorize a person licensed to carry a concealed pistol in another state to carry a concealed pistol in this state under certain conditions.



The Chair deferred SB 246 until another day.

         SCR 6: Urging the establishment of the Lewis and Clark Bicentennial Commemoration Commission.

The Chair deferred SCR 6 until another day.

         SCR 9: Expressing support for the electoral college.

The Chair deferred SCR 9 until another day.

MOTION:     ADJOURN

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

Alice Christensen

____________________________

Committee Secretary
Barbara Everist, Chair

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