76th Legislative Session _ 2001

Committee: Senate State Affairs
Monday, February 26, 2001

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
    Brosz
    Daugaard
    Hutmacher
    Munson
    Sutton (Dan)
    Symens
    Whiting
    Brown (Arnold), Vice-Chair
    Everist, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Barbara Everist, Chair

MOTION:     TO APPROVE THE MINUTES OF SATURDAY, FEBRUARY 24, 2001

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

         HCR 1014: Urging awareness and support for reading and reading programs in our homes and communities.

Presented By:    Senator Ed Olson
Proponents:    Gene Enck, Associated School Boards of South Dakota
        Senator Volesky
        Ray Christensen, Department of Education and Cultural Affairs

MOTION:     THAT HCR 1014 BE CONCURRED IN


Moved by:    Symens
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(8-0-1-0)

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

Excused:    Munson

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

Presented By:    Representative Bradford
Proponents:    Steve Stonebeck, Bureau of Administration

MOTION:     DO PASS HB 1180

Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by roll call vote.(8-0-1-0)

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

Excused:    Munson

MOTION:     PLACE HB 1180 ON CONSENT

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

         HB 1144: revise certain provisions relating to child custody.

MOTION:     SUBSTITUTE MOTION AMEND HB 1144

1144od
     On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:


     Any person entitled to custody or visitation of a child shall give notice of any proposed relocation of the residence of the child in writing by certified mail, return receipt requested, to any party that has custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days before the proposed relocation. The notice of the proposed relocation shall include the following information: the city and state to which the relocation is proposed, date of the intended move, reasons for moving, and a proposed visitation schedule.

     The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a party entitled to custody or visitation files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice. An affidavit setting forth the specific factual basis for prohibiting the relocation shall be attached to the motion. The person seeking the relocation shall respond to the motion within fourteen days, unless the court extends the response time for good cause, and provide a counter affidavit setting forth the facts in support of the relocation and the proposed revised parenting plan for the child.

     If relocation is permitted, the court may order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing, and meaningful contact with the nonrelocating party unless the child's best interest warrants otherwise. The court may specify how the transportation costs shall be allocated between the parties and adjust the child support, as appropriate, considering the transportation costs."

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

MOTION:     DO PASS HB 1144 AS AMENDED

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

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

         HB 1008: repeal the restrictions on certain school district transfers.

Presented By:    Senator Brosz

MOTION:     TO TABLE HB 1008


Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by roll call vote.(5-4-0-0)

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

Voting No:    Hutmacher, Munson, Sutton (Dan), Symens

         SCR 10: Proposing a moratorium on the importation of live cattle and certain beef products.

Presented By:    Senator Volesky
Proponents:    Johnny Smith, Ft. Pierre Sale Barn (documents #1, 2)

MOTION:     ADOPT RESOLUTION SCR 10

Moved by:    Symens
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

MOTION:     PLACE SCR 10 ON CONSENT

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

         HB 1106: revise the classes of investments available for state funds.

Presented By:    Senator Hainje
Proponents:    Tim Dougherty, South Dakota Credit Union League
Opponents:    Bob Sutton, South Dakota Bankers Association
        Dean Krogman, Independent Community Bankers

MOTION:     DO PASS HB 1106

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

MOTION:     SUBSTITUTE MOTION TO TABLE HB 1106

Moved by:    Brown (Arnold)
Second by:    Brosz
Action:    Failed by roll call vote.(4-5-0-0)

Voting Yes:    Brosz, Daugaard, Munson, Brown (Arnold)

Voting No:    Hutmacher, Sutton (Dan), Symens, Whiting, Everist

MOTION:     SUBSTITUTE MOTION AMEND HB 1106

1106ob
     On page 2, line 1 of the printed bill, delete " credit unions, " .

     On page 2 , line 1, overstrike " . " and insert " ; ".

     On page 2 , after line 1, insert:

"

             (6)    In addition to the investments authorized by subdivisions (1) to (5) of this section, inclusive, the investment council may also allocate a sum certain of state public funds for investment in the accounts and certificates of South Dakota banks and associations. This sum shall initially be offered to South Dakota banks and associations, and if not initially fully subscribed, the investment officer shall immediately reoffer the unsubscribed sum to other qualified public depositories defined by subdivision 4-6A-1(7). ".

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

MOTION:     DO PASS HB 1106 AS AMENDED

Moved by:    Whiting
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(7-2-0-0)

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

Voting No:    Brosz, Munson


         HB 1111: provide for alternative teacher certification.

Presented By:    Representative McCaulley (document #3)
Proponents:    Ray Christensen, Department of Education and Cultural Affairs
        Gene Enck, Associated School Boards of South Dakota
Opponents:    Curt Johnson
        Bob Stevens, South Dakota Education Association
        Lestra Turchen, Board of Regents
        Senator McIntyre

MOTION:     DO PASS HB 1111

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1111 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hutmacher
Second by:    Brosz
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Brosz, Hutmacher, Munson, Symens, Brown (Arnold)

Voting No:    Daugaard, Sutton (Dan), Whiting, Everist

         HB 1250: revise certain provisions regarding hunting on private shooting preserves and along highway rights-of-way.

Proponents:    John Cooper, Department of Game, Fish and Parks

MOTION:     AMEND HB 1250 (pending from February 24, 2001).

1250fa
     On the House Agriculture and Natural Resources Committee engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 41-10-9 be amended to read as follows:

     41-10-9.   Game which may be hunted under this chapter shall be mallard ducks, are pheasants, quail, partridges, and turkey , and such other species of game as the game, fish and parks commission

may add. The commission may exclude mallard ducks from the list of permitted species for any period of time and without advance notice provided such action is deemed necessary to protect such species . "


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

MOTION:     AMEND THE AMENDMENT

1250oa
     That the previously adopted amendment, 1250fa, be amended as follows:

     After the last sentence in 1250fa, insert:

     "Section 2. That § 41-9-1.1 be amended to read as follows:

     41-9-1.1.   Except for controlled access facilities as defined in §   31-8-1, interstate highways, unimproved section lines not commonly used as public rights-of-way, and highways within parks or recreation areas or within or adjoining public shooting areas or game refuges posted for restriction of an applicable use as hereinafter set forth by the Department of Game, Fish and Parks, §   41-9-1 does not apply to fishing, trapping, or hunting on highways or other public rights-of-way within this state that meet the requirements of §   41-9-1.3. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purposes of hunting defined in this title within six hundred sixty feet of an occupied dwelling, a church, schoolhouse, or livestock. No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use such highways or rights-of-way for the purpose of trapping within six hundred sixty feet of an occupied dwelling, church, or schoolhouse. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within six hundred sixty feet of any occupied dwelling, church, or schoolhouse for which such distance has been clearly and accurately marked and posted, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction.

     Section 3. That chapter 41-9 be amended by adding thereto a NEW SECTION to read as follows:

     No person, except the adjoining landowner or any person receiving written permission from the adjoining landowner, may use the highways or other public rights-of-way within this state that meet the requirements of §   41-9-1.3 for the purpose of hunting defined in this title within a restricted area up to one thousand three hundred twenty feet in length immediately adjacent and lateral to an occupied dwelling if some portion of the restricted area is within six hundred sixty feet of the

occupied dwelling and the restricted area has been clearly and accurately marked and posted as a restricted area. A violation of this section is a Class 2 misdemeanor. If any person is convicted of knowingly discharging a firearm within the restricted area that has been clearly and accurately marked and posted as required by this section, the court shall, in addition to any other penalty, revoke the person's hunting privileges for a period of one year from the date of conviction."


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

MOTION:     DO PASS HB 1250 AS AMENDED

Moved by:    Whiting
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(7-2-0-0)

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

Voting No:    Munson, Sutton (Dan)

MOTION:     TO AMEND TITLE OF HB 1250

1250ota
     On page 1, line 1 of the House Agriculture and Natural Resources Committee engrossed bill, delete everything after " to " and insert "revise certain provisions regarding hunting on private shooting preserves and along highway rights-of-way.".

     On page 1 , delete line 2 .

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

MOTION:     ADJOURN

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



Alice Christensen

____________________________

Committee Secretary
Barbara Everist, Chair


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