76th Legislative Session _ 2001

Committee: Senate State Affairs
Monday, February 12, 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 9, 2001

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

          SB 226: revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale from time to time of all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

Presented By:    Curt Everson, Bureau of Finance and Management (Document #1 and 2)

Proponents:    Bruce Bonjour, Building Authority

MOTION:     DO PASS SB 226

Moved by:    Brown (Arnold)
Second by:    Whiting
Action:    Was not acted on.

         SB 238: provide that a portion of the interest earned on the people's trust fund be deposited in the tobacco prevention and reduction trust fund.

Presented By:    Senator Daugaard
Proponents:    Allen Nord MD (document #3, #4)
        Kitty Kinsman, American Cancer Society (document #5, #6)
        Terry Dosch, South Dakota Council of Mental Health Centers
        Susan Randall, South Dakota Coalition for Children
        Dave Hewett, South Dakota Association of Healthcare Organizations
        Elaine Roberts, South Dakota Education Association
                 Dean Krogman, American Heart Association, South Dakota State Medical Association
        Brett Koenecke, South Dakota Nurses Association
        Paul Knecht, South Dakota Dental Association
        Jennifer Stalley, American Cancer Society
        Eric Thompson, American Lung Association
        Aaron Doeppers, National Campaign for Tobacco Free Kids
        Chuck Schroyer, South Dakota States Attorneys Association
Opponents:    Jason Dilges, Bureau of Finance and Management

MOTION:     DO PASS SB 238 and refer to the committee on Appropriations.

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

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

         SJR 3: Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota, authorizing a tax on the severance of certain minerals and resources used in the manufacture of cement, and directing that the revenues be used for education purposes.


The Chair deferred SJR 3 until another day.

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

MOTION:     TO TABLE SB 24

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

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

MOTION:     RECESS UNTIL 7 PM

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

Chair Everist reconvened the committee at 7:00 PM.

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

Presented By:    Senator Greenfield

MOTION:     TO TABLE SB 216

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

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

Voting No:    Whiting

Excused:    Brosz

         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.

MOTION:     TO TABLE SB 246

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

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

Voting No:    Hutmacher

Excused:    Brosz

         SB 205: provide for the elimination of the term, squaw, from South Dakota place names.

MOTION:     TO TABLE SB 205

Moved by:    Munson
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(6-2-1-0)

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

Voting No:    Hutmacher, Sutton (Dan)

Excused:    Brosz

         SB 226: revise and supplement certain powers of the South Dakota Building Authority, to provide for the establishment of a corporation by the South Dakota Building Authority for the purpose of raising funds for specified purposes, to provide for transfer and sale from time to time of all future right, title, and interest of the State of South Dakota to certain amounts payable to the state by various tobacco companies under a master settlement agreement in exchange for the deposit of the net proceeds of such sale into the state permanent tobacco settlement development trust fund, and to establish certain funds.

PENDING MOTION WITHDRAWN


        

MOTION:     AMEND SB 226

226ra
     On page 2, line 17 of the printed bill, after " received " insert "or to be received".

     On page 3 , line 17, delete " All " and insert "At any one time or from time to time, all".

     On page 3 , line 21, after " settlement " delete " proceeds " and insert "revenues".

     On page 3 , line 23, delete " proceeds " and insert "revenues".

     On page 4 , line 8, after " any " insert "escrow agent or any".

     On page 4 , line 10, after " initially to " insert "or upon the order of".

     On page 4 , line 11, before " trustee " insert "escrow agent or any".

     On page 4 , line 13, after " transfer " insert "of rights under or with respect to the master settlement agreement, including the right to receive the tobacco settlement revenues,".

     On page 4 , line 20, after " law. " insert "The procedures and requirements set forth in this section shall be the sole procedures and requirements applicable to the sale of the state's rights under the master settlement agreement, including the sale of tobacco settlement revenues, and it is not necessary to satisfy or comply with any other existing law which would otherwise apply to the sale of assets of the state or impose procedures or restrictions with respect thereto.".

     On page 4 , line 24, delete " separate and apart " and insert "having a legal existence independent and separate".

     On page 9 , line 7, after " Dakota. " insert "In no event may any of the funds deposited into the permanent tobacco settlement development trust fund, the tobacco settlement interest fund, or the tobacco settlement residual fund be pledged to secure payment of any bonds issued under the authority of this Act.".

     On page 9 , line 18, after " revenues " insert "that have been sold pursuant to this Act".

     On page 12 , line 1, after " If " insert "in order to obtain or preserve any exclusion of interest on bonds from gross income of the holders thereof for purposes of federal income taxation,".
     On page 12 , line 3, after " restrictions " insert "or conditions".

     On page 12 , line 8, after " restriction " insert "or condition".
     On page 13 , line 2, delete " and restrictions " and insert "restrictions, and conditions".

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

 MOTION:     DO PASS SB 226 AS AMENDED

Moved by:    Brown (Arnold)
Second by:    Munson
Action:    Prevailed by roll call vote.(5-3-1-0)

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

Voting No:    Hutmacher, Sutton (Dan), Symens

Excused:    Brosz

 MOTION:     TO AMEND TITLE OF SB 226

226rta
     On page 1, line 4 of the printed bill, after " sale " insert "at any one time or".

     On page 1 , line 4, before " all " insert "a portion of or".

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

          SB 195: revise the distribution of revenue from the video lottery.

Presented By:    Senator Hutmacher
Opponents:    Curt Everson, Bureau of Finance and Management

MOTION:     DO PASS SB 195

Moved by:    Symens

Second by:    Hutmacher
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION TO TABLE SB 195

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

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

Voting No:    Hutmacher, Sutton (Dan), Symens

Excused:    Brosz

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

Presented By:    Senator Hutmacher (document #7)

MOTION:     DO PASS SB 236

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

MOTION:     SUBSTITUTE MOTION DEFER SB 236 TO THE 41ST LEGISLATIVE DAY

Moved by:    Brown (Arnold)
Second by:    Munson
Action:    Prevailed by roll call vote.(5-3-1-0)

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

Voting No:    Hutmacher, Sutton (Dan), Symens

Excused:    Brosz

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

Presented By:    Senator de Hueck
Opponents:    Bob Sahr, Bureau of Personal
        Dave Hanson, Board of Regents

MOTION:     AMEND SB 184

184ra
     On page 1, line 4 of the printed bill, after " Section 1. " insert "That ARSD 55:01:12:05 be amended to read as follows:".

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

 MOTION:     DO PASS SB 184 AS AMENDED

Moved by:    Symens
Second by:    Sutton (Dan)
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER SB 184 TO THE 41ST LEGISLATIVE DAY

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

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

Voting No:    Hutmacher, Sutton (Dan), Symens

Excused:    Brosz

          SJR 3: Proposing and submitting to the electors at the next general election an amendment to Article XI of the Constitution of the State of South Dakota, authorizing a tax on the severance of certain minerals and resources used in the manufacture of cement, and directing that the revenues be used for education purposes.

Presented By:    Senator Dennert
Opponents:    Larry Mann, Grupo Cementos de Chihuahua Dacotah, Inc.
        Dianna Miller, South Dakota Quarry Association

MOTION:     TO TABLE SJR 3

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

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

Voting No:    Hutmacher

Excused:    Brosz, Everist

MOTION:     ADJOURN

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

Alice Christensen

____________________________

Committee Secretary
Barbara Everist, Chair

../02120745.SST
Page 1