P - Present
Roll Call
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Chair Bill Peterson.
MOTION:
TO APPROVE THE MINUTES OF SATURDAY, FEBRUARY 24, 2001
E - Excused
A - Absent
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
Moved by: Duniphan
Second by: Olson (Mel)
Action: Prevailed by voice vote.
SB 111: allow for binding arbitration for school districts and employees under certain
circumstances.
Presented By: Senator Kermit Staggers, prime sponsor
Proponents: Bob Stevens, lobbyist, South Dakota Education Association (handout 1)
Representative Clarence Kooistra, sponsor
Paul Aylward, lobbyist, AFSCME
Opponents: Gene Enck, lobbyist, Associated School Boards of SD
Christie Johnson, lobbyist, School Administrators of SD
Ray Christensen, Secretary, DECA
MOTION:
DO PASS SB 111
Moved by: Olson (Mel)
Second by: Hanson (Gary)
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DEFER SB 111 TO THE 41ST LEGISLATIVE DAY
Moved by: Napoli
Second by: Duenwald
Action: Prevailed by roll call vote.(9-4-0-0)
Voting Yes: Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli, Peterson
(Bill)
Voting No: Brown (Richard), Glenski, Hanson (Gary), Olson (Mel)
SB 239: establish the regents scholarship program and provide for its funding.
Presented By: Tad Perry, Executive Director, Board of Regents (handout 2)
Proponents: Elaine Roberts, President, SDEA
Bob Duffett, Dakota Wesleyan University
Mark Hurtubise, Mt. Marty College, Yankton
Bruce Halverson, Augustana College, Sioux Falls
Jim Abbott, President, University of SD, Vermillion
Dr. Gerald Tunheim, Dakota State University, Madison
Dick Gowen, SD School of Mines & Technology, Rapid City
John Hilpert, President, Northern State University, Aberdeen
Megan Juhnke, senior student, Vivian, self
Tess Halverson, senior student, Kennebec, self
Jeremiah Murphy, lobbyist, Private College Foundation, Sioux Falls
David Owen, lobbyist, SD Chamber of Commerce, Pierre
Opponents: Representative Clarence Kooistra, self
MOTION:
AMEND SB 239
"
Section 3. If it is determined that a student cannot complete the course requirements as provided
in Board of Regents policy 2:3.2.F as in effect on January 25, 2001, due to the unavailability of the
courses of study at the student's high school, the student may be admitted into the regents scholarship
program.".
"
Section 7. Section 3 of this Act is repealed on July 1, 2003.".
Moved by: Smidt
Second by: Duniphan
Action: Prevailed by voice vote.
MOTION:
CALL THE QUESTION
Moved by: Michels
Second by: Duniphan
Action: Prevailed by voice vote.
MOTION:
AMEND SB 239
Moved by: Smidt
"
Moved by: Peterson (Bill)
Second by: Brown (Richard)
Action: Failed by roll call vote.(5-8-0-0)
Voting Yes: Duniphan, Jaspers, Juhnke, Smidt, Peterson (Bill)
Voting No: Brown (Richard), Duenwald, Eccarius, Glenski, Hanson (Gary), Michels, Olson
(Mel), Napoli
Chair Peterson assumed the chair.
MOTION:
DO PASS SB 239 AS AMENDED
The meeting was reconvened at 4:55 PM.
Moved by: Brown (Richard)
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)
The meeting was recessed at 12:25 PM.
SB 85: prohibit certain persons from receiving a permit to carry a concealed pistol.
Presented By: Representative Chris Madsen, sponsor (handout 3)
Proponents: Dick Tieszen, lobbyist, SD Sheriffs Association, Pierre
Opponents: Nancy Errea, self, Black Hawk
Ray Lautenschlager, lobbyist, Gun Owners of SD, Rapid City
MOTION:
DEFER SB 85 TO THE 41ST LEGISLATIVE DAY
Moved by: Olson (Mel)
Second by: Duenwald
Action: Prevailed by roll call vote.(9-4-0-0)
Voting Yes: Duenwald, Eccarius, Hanson (Gary), Jaspers, Juhnke, Michels, Olson (Mel), Napoli,
Peterson (Bill)
Voting No: Brown (Richard), Duniphan, Glenski, Smidt
SB 252: provide for the establishment of the School and Public Lands Paleontology
Advisory Council and to prescribe its duties.
Presented By: Curt Johnson, Commissioner of School and Public Lands
Proponents: Gale Bishop, SD School of Mines and Technology, Rapid City
Opponents: Ray Christensen, Secretary, Department of Education and Cultural Affairs
MOTION:
AMEND SB 252
prior to the permitting process to be administered by a State Paleontologist, who shall be a qualified
paleontologist holding a terminal degree (PhD), to be housed at the Museum of Geology jointly
funded with the Office of School and Public Lands,".
Moved by: Napoli
Second by: Olson (Mel)
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 252 AS AMENDED
Moved by: Brown (Richard)
Second by: Olson (Mel)
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)
MOTION:
AMEND SB 252
"
Section 1. That chapter
13-55
be amended by adding thereto a NEW SECTION to read as
follows:
Section 2. In order to be eligible for a regents scholarship award, a student shall:
Section 3. If it is determined that a student cannot complete the course requirements as provided
in Board of Regents policy 2:3.2.F as in effect on January 25, 2001, due to the unavailability of the
courses of study at the student's high school, the student may be admitted into the regents scholarship
program.
Section 4. Scholarship payments shall be made on a semester-by-semester basis. The amount of
award shall be as follows:
Section 5. In order to maintain eligibility, a student shall:
10-50B-11. The people's trust fund is established in the state treasury. Any money received from the Master Settlement Agreement signed on November 23, 1998, by attorneys general from several states and various tobacco companies shall be deposited in the people's trust fund. The principal in the trust fund may not be expended , except for dollars appropriated by the Legislature for the regents scholarship program . The fund shall be invested according to § § 4-5-23 and 4-5-26. Interest earned on money in the fund shall be deposited in the people's interest fund created in § 10-50B-12.
Moved by: Smidt
Second by: Juhnke
Action: Failed by roll call vote.(6-7-0-0)
Voting Yes: Duniphan, Eccarius, Jaspers, Juhnke, Smidt, Peterson (Bill)
Voting No: Brown (Richard), Duenwald, Glenski, Hanson (Gary), Michels, Olson (Mel), Napoli
MOTION:
TO TABLE SB 252
Moved by: Olson (Mel)
Second by: Brown (Richard)
Action: Prevailed by roll call vote.(12-1-0-0)
Voting Yes: Brown (Richard), Duenwald, Duniphan, Eccarius, Hanson (Gary), Jaspers, Juhnke,
Michels, Olson (Mel), Smidt, Napoli, Peterson (Bill)
Voting No: Glenski
SB 192: require certain prescription drug manufacturers and labelers to enter into
rebate agreements, to establish a discount prescription drug program for certain
individuals, to require retail pharmacies to offer certain discounts, and to prescribe
penalties and remedies.
Presented By: Representative Mel Olson, sponsor
MOTION:
AMEND SB 192
"
Section 1. That
§
35-4-4
be amended to read as follows:
35-4-4. No person, corporation, or business entity may be the holder of or have an interest in more than three retail licenses issued under subdivision 35-4-2(3), (4), (6), or (13). However, a person, corporation, or business entity may hold or have an interest in three additional retail licenses issued under subdivision 35-4-2(4) if the licensee derives more than fifty percent of the licensee's gross receipts from the sale of food at the location where the license is held. In addition, any person, corporation, or business entity may hold or have an interest in additional retail licenses issued under
subdivision 35-4-2(3) in a municipality with a population of over ten thousand if the licensee derives
less than fifty percent of the licensee's gross receipts from the sale of alcoholic beverages at the
location where the license is held. Any such new licensee under subdivision 35-4-2(3) shall sell its
alcoholic beverages, other than malt beverages, in an area in which persons under the age of twenty-
one are not allowed and which is separated by a physical barrier from the rest of the establishment
and is serviced by a separate cash register. For the purposes of this section, a physical barrier
includes a wall, fence, rope, railing, or other physical feature erected for the sole purpose of
restricting the free flow of foot traffic and access to a certain area of a premise.
For purposes of this
section, location means one contiguous piece of real estate on which sales are generated by the
licensee.
"
Moved by: Jaspers
Second by: Brown (Richard)
Action: Failed by show of hands (6-6).
MOTION:
TO TABLE SB 192
Moved by: Olson (Mel)
Second by: Glenski
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)
SB 242: affect the sale and pricing of prescription drugs in the State of South Dakota.
Presented By: Senator Jim Hutmacher
Senator Barbara Everist
Proponents: Senator Dick Hainje, self
Representative Frank Kloucek, self
Opponents: Christopher Ward, lobbyist, PhRMA, Troy, Canada
MOTION:
AMEND SB 242
" Section 1. Any manufacturer of pharmaceutical drugs sold in the state shall file with the Board of Pharmacy the manufacturer's definition and method of determining average wholesale price
(AWP) for pharmaceutical drugs sold for consumption or use in this state. The manufacturer shall
report the information as determined by the secretary of health in rules promulgated pursuant to
chapter 1-26.
Section 2. Any manufacturer of pharmaceutical drugs sold in this state shall offer such drugs to
wholesale purchasers licensed to do business in this state at prices equivalent to those prices charged
by the manufacturer for equivalent drugs in Canada. This section does not apply to any drug that is
not actually sold in Canada.
Moved by: Eccarius
Second by: Brown (Richard)
Action: Prevailed by voice vote.
MOTION:
AMEND SB 242
Moved by: Michels
of the net proceeds derived from the sale of state cement enterprises and to declare
an emergency.
Clara Shelbourn
Second by: Duniphan
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 242 AS AMENDED
Moved by: Michels
Second by: Duniphan
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)
SB 229: provide direction to the South Dakota Investment Council in the investment
Presented By: Representative Alice McCoy, sponsor (handout 4)
Proponents: Curt Everson, Bureau of Finance and Management
MOTION:
DO PASS SB 229
Moved by: Duniphan
Second by: Napoli
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 229 ON CONSENT
Moved by: Napoli
Second by: Brown (Richard)
Action: Prevailed by voice vote.
MOTION:
ADJOURN
Moved by: Duniphan
Second by: Brown (Richard)
Action: Prevailed by voice vote.
Committee Secretary
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