76th Legislative Session _ 2001

Committee: House State Affairs
Monday, February 12, 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 Peterson

MOTION:     TO APPROVE THE MINUTES OF THE PREVIOUS MEETING

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

          HB 1262: establish procedures to resolve certain disagreements regarding overhead or underground facilities crossing railroad rights-of-way.

Presented By:    Rep. Lange (Document 1)
        Rep. Duniphan

Proponents:    Mike DeMersseman, self, Rapid City
Opponents:    None

MOTION:     AMEND HB 1262

1262ra
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 47-7-34 be amended to read as follows:

     47-7-34.   The circuit court shall have full power to liquidate the assets and business of a corporation and grant or deny reasonable attorney's fees, whether or not the corporation is liquidated, in an action by a shareholder when it is established:

             (1)      That the directors are deadlocked in the management of the corporate affairs and the shareholders are unable to break the deadlock, and that irreparable injury to the corporation is being suffered or is threatened by reason thereof; or

             (2)      That the acts of the directors or those in control of the corporation are illegal, oppressive , or fraudulent; or

             (3)      That the shareholders are deadlocked in voting power, and have failed, for a period which included at least two consecutive annual meeting dates, to elect successors to directors whose terms have expired or would have expired upon the election of their successors; or

             (4)      That the corporate assets are being misapplied or wasted. ".

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

 MOTION:     DO PASS HB 1262 AS AMENDED

Moved by:    Olson (Mel)
Second by:    Juhnke
Action:    Prevailed by roll call vote.(9-4-0-0)

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


Voting No:    Brown (Richard), Eccarius, Smidt, Napoli

 MOTION:     TO AMEND TITLE OF HB 1262

1262rta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "allow for reasonable attorney's fees in stockholder litigation.".

     On page 1 , delete line 2 .

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

          HB 1190: provide that the free exercise of religion is protected.

Opponents:    Joni Clark Cutler, SD Advocacy Network for Women, and SD Chapter of NASW
        Jennifer Ring, ACLU of the Dakotas (Documents 2 & 3)
        Jim Shekleton, SD Board of Regents
        Neil Fulton, self, Pierre

The Chair deferred HB 1190 until Wednesday, February 14.

         HB 1244: provide that a portion of the interest earned on the people's trust fund be deposited in the tobacco prevention and reduction trust fund.

Proponents:    Dean Krogman, SD State Medical Association
        Elaine Roberts, SD Education Association
        Terry Dosch, Community Health Care Association
        Susan Randall, SD Coalition for Children
        Kitty Kinsman, American Cancer Society
        Rep. Van Etten
Opponents:    Jason Dilges, Bureau of Finance and Management

MOTION:     DO PASS HB 1244

Moved by:    Brown (Richard)
Second by:    Glenski
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER HB 1244 TO THE 41ST LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Juhnke
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Smidt, Napoli

Voting No:    Brown (Richard), Glenski, Hanson (Gary), Michels, Olson (Mel), Peterson (Bill)

         HB 1279: authorize the expenditure of tobacco proceeds for tobacco cessation aids.

Proponents:    None
Opponents:    None

MOTION:     TO TABLE HB 1279

Moved by:    Duniphan
Second by:    Olson (Mel)
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Brown (Richard), Duenwald, Duniphan, Glenski, Hanson (Gary), Jaspers, Juhnke, Olson (Mel), Napoli

Voting No:    Eccarius, Michels, Smidt, Peterson (Bill)

         HJR 1003: Proposing and submitting to the electors at the special election designated by the Seventy-fifth Legislature, meeting in special session, an amendment to Article VIII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund using certain tobacco settlement monies.

Presented By:    Rep. Burg (Document 4)
Proponents:    None
Opponents:    Chris Nelson, Secretary of State's Office (opposed to lines 7 & 8 only)

MOTION:     DEFER HJR 1003 TO THE 41ST LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Smidt
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 1155: restrict smoking in public buildings and certain places of business.

Proponents:    Jennifer Stalley, American Cancer Society
        Dean Krogman, American Heart Association and SD State Medical Association
        Terry Dosch, Community Health Care Association
        Susan Randall, SD Coalition for Children
        Elaine Roberts, SD Education Association
        Rep. Van Etten
        Rep. Adelstein
Opponents:    Jeremiah Murphy, RJR Tobacco
        David Owen, SD Chamber of Commerce and Industry
        Jerry Wheeler, SD Retailer's Association
        Rick Murray, Manager, Pierre Ramkota
        Tim Dougherty, SD Retail Liquor Dealer's Association
        Dawna Leitzke, SD Petroleum Marketers Association and SD Association of
        Convenience Stores

MOTION:     AMEND HB 1155

1155jb
     On page 2, line 3 of the printed bill, delete " public building " and insert " enclosed indoor area used by the general public or serving as a place of work ".

     On page 2 , remove the overstrikes from line 4 .

     On page 2 , delete line 5 , and insert "named in this section, if the smoking is confined to areas an enclosed room designated as a smoking areas area .".

     On page 2 , delete lines 6 to 8, inclusive.

     On page 2 , after line 9, insert:

"    Section 2. This Act does not apply to the following:

             (1)    Any place owned and operated by a social, fraternal, or religious organization when used by the membership of the organization, its guests or families;

             (2)    Any place that is rented or leased for private functions from which the public is excluded and for which arrangements are under the control of the sponsor of the function; or

             (3)    Any place that is a business and that derives more than fifty percent of its annual gross revenues from gaming or the sale of alcohol.".

Moved by:    Eccarius
Second by:    Michels
Action:    Prevailed by a show of hands.

 MOTION:     AMEND THE AMENDMENT

1155oa
     That the previously adopted amendment (1155jb) be amended as follows:

     At the end of Section 2, after "alcohol" insert "or a combination thereof".

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

 MOTION:     DO PASS HB 1155 AS AMENDED

Moved by:    Jaspers
Second by:    Glenski
Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Smidt, Peterson (Bill)

Voting No:    Brown (Richard), Duenwald, Juhnke, Michels, Olson (Mel), Napoli

          HB 1115: prohibit smoking in certain public places.

Presented By:    Rep. Frost
Proponents:    None
Opponents:    None

MOTION:     TO TABLE HB 1115

Moved by:    Jaspers
Second by:    Michels
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 1285: transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.

Presented By:    Rep. Tom Hansen
Proponents:    Sen. Volesky (Document 5)
        Craig Atkins, Manager, SD State Fair
        Larry Gabriel, Secretary, Department of Agriculture
        Dana Nelson, Governor's Office (Document 6)
        Rep. Flowers
Opponents:    Ron Olinger, SD Horseman's Association (Document 7)
        Johnny Smith, self, Ft. Pierre
        Tom Maher, self, Pierre (Documents 8 & 9)
        Robin Carlson, President, SD Quarter Horse Association
        Roger Munger, Manager, Northeast Area Racing Inc., Aberdeen (Document 10)
        Pat Sutley, Manager, Ft. Pierre Race Track
        Jim Thares, President, SD Horseman's Association (Documents 11 & 12)
        Rep. Napoli

MOTION:     AMEND HB 1285

1285fa
     On page 3, after line 2 of the printed bill, insert:

"      Section 7. The Commission on Gaming on or about July fifteenth of each year shall transfer one hundred twenty-five thousand dollars ($125,000) from the special racing revolving fund and one hundred twenty-five thousand dollars ($125,000) from the South Dakota-bred racing fund to the state fair fund.

     Section 8. Any money transferred to the state fair fund pursuant to section 7 of this Act is continuously appropriated.

     Section 9. Sections 7 and 8 of this Act are effective on January 1, 2002.".


Moved by:    Olson (Mel)
Second by:    Hanson (Gary)
Action:    Failed by voice vote.

 MOTION:     DEFER HB 1285 TO THE 41ST LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Glenski
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DO PASS HB 1285

Moved by:    Eccarius
Second by:    Smidt
Action:    Prevailed by roll call vote.(9-4-0-0)

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

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

          HB 1159: require an employee's written authorization before money may be withheld from the employee's paycheck for a political purpose.

Proponents:    David Owen, SD Chamber of Commerce and Industry
        Rep. Wick
Opponents:    Lona Lewis, SD Education Association

MOTION:     AMEND HB 1159

1159sb
     On page 1, line 13 of the printed bill, after " prior to " insert " or concurrent with ".

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

 MOTION:     DO PASS HB 1159 AS AMENDED

Moved by:    Napoli

Second by:    Smidt
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER HB 1159 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Mel)
Second by:    Glenski
Action:    Failed by roll call vote.(4-9-0-0)

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

Voting No:    Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli, Peterson (Bill)

 ORIGINAL MOTION:     DO PASS HB 1159 AS AMENDED

Action:    Prevailed by roll call vote.(8-5-0-0)

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

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

 MOTION:     TO AMEND TITLE OF HB 1159

1159sta
     On page 1, line 1 of the printed bill, delete " employee's " and insert "individual's".

     On page 1 , line 2, delete " may be withheld from the employee's paycheck " and insert "is contributed to an association".

Moved by:    Duenwald
Second by:    Smidt
Action:    Prevailed by voice vote.

          HJR 1001: Proposing and submitting to the electors at the special election designated by the Seventy-fifth Legislature, meeting in special session, a question relating to the decision by the South Dakota State Cement Plant Commission to sell the state cement plant.

Proponents:    Rep. Kloucek (Documents 13, 14 &15)

Opponents:    Chris Nelson, Secretary of State's Office (opposed to line 8 only)

MOTION:     TO TABLE HJR 1001

Moved by:    Napoli
Second by:    Juhnke
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 1247: revise the requirements for volunteer firefighters to become eligible for workers' compensation.

Proponents:    Rep. Lintz
        Dennis Gordon, Pennington County Fire Administrator
Opponents:    None

MOTION:     DO PASS HB 1247

Moved by:    Duniphan
Second by:    Duenwald
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 1247 ON CONSENT

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

         HB 1277: repeal the requirement of a lien against the property of any land which is found to have an underground petroleum tank and to declare an emergency.

Presented By:    Steve Pirner, Secretary, Department of Environment and Natural Resources
Proponents:    None
Opponents:    None

MOTION:     DO PASS HB 1277

Moved by:    Napoli
Second by:    Brown (Richard)
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 1277 ON CONSENT

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

The Chair deferred HB 1278 until Wednesday, February 14.

The Chair deferred HB 1207 until Wednesday, February 14.

The Chair deferred HCR 1004 until Wednesday, February 14.

MOTION:     ADJOURN

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

Rhonda Purkapile

____________________________

Committee Secretary
Bill Peterson, Chair

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