76th Legislative Session _ 2001

Committee: House State Affairs
Saturday, February 24, 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 FRIDAY, FEBRUARY 23, 2001.

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

         SB 150: revise certain conditions regarding the authorization of bingo or lotteries for restricted purposes and to increase the size of prize certain lotteries may award.

Presented By:    Senator Marguerite Kleven, prime sponsor

MOTION:     DO PASS SB 150



Moved by:    Napoli
Second by:    Jaspers
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 SB 150 ON CONSENT

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

         SB 186: provide for the preservation of certain public broadcasting records of the legislative session.

Presented By:    Senator Eric Bogue, prime sponsor
Proponents:    Otto Doll, Bureau of Information and Telecommunications

MOTION:     AMEND SB 186

186ra
     On page 1, line 4 of the printed bill, delete " Any " and insert "If any".

     On page 1 , line 5, after " Broadcasting " insert "are broadcast over the internet, radio, or television, such recordings".

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

MOTION:     DO PASS SB 186 AS AMENDED

Moved by:    Duniphan
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 SB 186 ON CONSENT

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

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

Presented By:    Representative Chris Madsen,, sponsor
Proponents:    Ken Melius, lobbyist, SD State Employees Organization

MOTION:     DO PASS SB 212

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

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

Excused:    Duenwald

MOTION:     PLACE SB 212 ON CONSENT

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

         SB 27: revise the accounting process for the state fair.

Presented By:    Ken Anderson, Finance Officer, Department of Agriculture

MOTION:     AMEND SB 27

27fa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 1-21-1.1 be amended to read as follows:

     1-21-1.1.   The State Fair Commission shall be administered under the direction and supervision of the secretary of the Department of Agriculture and the secretary thereof , but shall retain the

quasi-judicial, quasi-legislative, advisory, and other nonadministrative and special budgetary functions ( as defined in §   1-32-1 ) otherwise vested in it and shall exercise those functions independently of the secretary of agriculture.

     Section 2. That § 1-21-13 be repealed.

     1-21-13.   The State Fair Commission shall account strictly for all money received in conduct of the state fair.

     Section 3. That § 1-21-14 be amended to read as follows:

     1-21-14.   All sums received for admissions, concessions, and privileges, or for any purpose, by such the State Fair Commission, shall be placed in the custody of its secretary-treasurer and made a matter of record by him, and shall be paid out only upon vouchers approved by the commission or, at its discretion, the commission may authorize the secretary-treasurer to pay regular or routine claims. Disbursements of moneys shall be made by check signed by the president or vice-president, or commission member so authorized, and secretary-treasurer. Any surplus over three hundred thousand dollars remaining in the hands of the fair commission, after the payment of all reasonable and necessary claims, shall be deposited with the state treasurer by the State Fair Commission. Any other surplus remaining in the hands of the state fair shall be invested in securities authorized by §   4-5-6, in such bank or banks as may be designated by the State Fair Commission and all interest received on same shall be a part of the receipts of such State Fair Commission state fair fund and shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor upon vouchers approved by the secretary of agriculture .

     Section 4. That § 1-21-15 be repealed.

     1-21-15.   All funds appropriated by the state for maintenance of the state fair and for buildings and improvements shall be paid out only upon itemized vouchers, duly verified and approved by the State Fair Commission and endorsed by the president of the commission and filed with the state auditor.

     Section 5. That § 1-21-16 be repealed.

     1-21-16.   The State Fair Commission shall prepare an annual financial report for each calendar year and submit a copy to the Legislature. "


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


MOTION:     DO PASS SB 27 AS AMENDED

Moved by:    Duniphan
Second by:    Smidt
Action:    Prevailed by roll call vote.(8-4-1-0)

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

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

Excused:    Duenwald

MOTION:     TO AMEND TITLE OF SB 27

27fta
     On page 1, line 1 of the printed bill, delete everything after " to " and insert "transfer funds to the state fair fund and to revise the budgetary procedure for the state fair.".

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

         SB 125: clarify workers' compensation coverage for uncompensated volunteers and prisoners.

Presented By:    Senator Drue Vitter, prime sponsor
Proponents:    Malcolm McKillop, lobbyist, Associated School Boards of SD
        Dick Tieszen, lobbyist, Associated School Boards of SD
Opponents:    Rex Haag, lobbyist, SD Trial Lawyers, Rapid City
        Senator Gil Koetzle, self

MOTION:     AMEND SB 125

125jf
     On page 1, line 13 of the Senate engrossed bill, after " death " insert " , ".

     On page 1 , line 13, after " compensation " insert " for volunteer workers other than volunteer firefighters ".


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

MOTION:     AMEND SB 125

125ob
     On page 1 of the Senate engrossed bill, delete line 14 , and insert:

"uncompensated workers worker who is otherwise employed, shall be considered to be earning a wage that would entitle them to the maximum compensation for death or injury allowable under this title but in . In the event the volunteer uncompensated worker is not otherwise employed, the worker shall be entitled to a rate of compensation equal to the minimum workers' compensation rate, plus one-half the difference between the minimum rate and the maximum rate. In no event".


     On page 1 , delete line 15 .

     On page 2 , delete lines 1 to 4 , inclusive.

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

MOTION:     DO PASS SB 125 AS AMENDED

Moved by:    Napoli
Second by:    Jaspers
Action:    Prevailed by roll call vote.(11-1-1-0)

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

Voting No:    Olson (Mel)

Excused:    Duenwald

Vice Chair Bill Napoli assumed the chair.

         SB 176: clarify the purposes for which funds in the special racing revolving fund and South Dakota-bred racing fund may be used.


Presented By:    Senator Dick Hainje, prime sponsor
Proponents:    Dana Nelson, Governor's Office
        Kandace Kritz, self, Pierre
Opponents:    Ron Olinger, lobbyist, SD Horsemen's Association (handout 1)
        Robin Carlson, self, Pierre

Chair Bill Peterson assumed the chair.

MOTION:     DEFER SB 176 TO THE 41ST LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Glenski
Action:    Failed by roll call vote.(4-8-1-0)

Voting Yes:    Glenski, Hanson (Gary), Olson (Mel), Napoli

Voting No:    Brown (Richard), Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Peterson (Bill)

Excused:    Duenwald

MOTION:     DO PASS SB 176

Moved by:    Jaspers
Second by:    Eccarius
Action:    Prevailed by roll call vote.(8-4-1-0)

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

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

Excused:    Duenwald

MOTION:     ADJOURN

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



Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair


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