77th Legislative Session _ 2002

Committee: Senate State Affairs
Friday, January 11, 2002

                                            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:     ADOPT PERMANENT RULES

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

 MOTION:     CONFIRM APPOINTMENT OF JEROME B. LAMMERS, LAKE COUNTY, MADISON, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

Moved by:    Daugaard
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:     CONFIRM APPOINTMENT OF TIMOTHY W. BJORKMAN, MCCOOK COUNTY, BRIDGEWATER, SOUTH DAKOTA, TO THE BOARD OF PARDONS AND PAROLES

Moved by:    Brosz
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

          SB 18: permit the summary disposition of certain contested cases.

Presented By:    Jim Shekleton, South Dakota Board of Regents
Proponents:    Leo Disburg, Bureau of Administration
        Sandy Zinter, Bureau of Personal
        Gene Enck, Associated School Boards of South Dakota
Opponents:    Bob Stevens, South Dakota Education Association
        Ken Melius, South Dakota State Employee Organization
        Lona Lewis, South Dakota Education Association

MOTION:     AMEND SB 18

18oa
     On page 1, line 7 of the printed bill, before " claim " insert " defense or ".

     On page 1 , line 8, delete " claim presents " and insert " pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is ".

     On page 1 , line 10, before " claim " insert " defense or ".

     On page 1 , line 10, after " claim " insert " if it determines that the evidence offered by the proponent of the defense or claim is legally insufficient to sustain the defense or claim ".

     On page 2 , line 9, after " that " insert " the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that ".

     On page 2 , line 12, after " claim " insert " if it determines that the evidence offered by the proponent of the grievance, defense or claim is legally insufficient to sustain the grievance, defense, or claim ".

     On page 3 , line 2, delete " contested matter presents " and insert " pleadings, depositions, answers

to interrogatories, and admissions on file, together with the affidavits, if any, show that there is ".


     On page 3 , line 5, after " claim " insert " if it determines that the evidence offered by the proponent of the grievance, defense, or claim is legally insufficient to sustain the grievance, defense, or claim ".

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

 MOTION:     DO PASS SB 18 AS AMENDED

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

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

Voting No:    Munson, Sutton (Dan)

Excused:    Hutmacher

          SB 38: require certain information to be collected to create a database of certain public officials and public employees for use in the event of an emergency or disaster and to authorize administrative rules to implement the reporting procedures.

Presented By:    Andy Gerlach, Department of Military and Veterans Affairs
        John Berheim, Department of Emergency Management
Proponents:    Dana Nelson, Governor's Office

MOTION:     AMEND SB 38

38ob
     On page 1, line 7 of the printed bill, delete " June " and insert "July".

     On page 1 , line 13, after " number; " insert "and".

     On page 1 , line 14, delete everything after " addresses " and insert ".".

     On page 1 , delete line 15 .

     On page 2 , line 24, delete " December " and insert "January".

     On page 3 , line 7, after " number; " insert "and".

     On page 3 , line 7, delete everything after " addresses " and insert ".".

     On page 3 , delete line 8 .

     On page 3 , line 19, after " number; " insert "and".

     On page 3 , line 20, delete everything after " addresses " and insert ".".
    
     On page 3 , delete line 21 .

     On page 4 , line 6, after " ability " insert "for any emergency agency in this state".

     On page 4 , after line 7, insert:

"      Section 6. That chapter 33-15 be amended by adding thereto a NEW SECTION to read as follows:

     The information provided pursuant to this Act shall remain confidential and may only be used for emergency purposes.".

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

 MOTION:     DO PASS SB 38 AS AMENDED

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

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

Excused:    Hutmacher

 MOTION:     ADJOURN

Moved by:    Brown (Arnold)

Second by:    Symens
Action:    Prevailed by voice vote.

Alice Christensen

____________________________

Committee Secretary
Barbara Everist, Chair

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