House State Affairs Minutes 01/16/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: House State Affairs

Wednesday, January 16, 2002

                                            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 Representative Bill Peterson, Chairman

MOTION:     TO APPROVE THE MINUTES OF MONDAY, JANUARY 14, 2002.

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

         HB 1054: require the service of certain documents on the Interim Rules Review Committee a certain time before the committee meets to review the rules.

Presented By:    Representative Orville Smidt, prime sponsor
Proponents:    Doug Decker, Code Counsel, LRC
        Sandy Zinter, Bureau of Personnel

MOTION: AMEND HB 1054

On page 3, line 4 of the printed bill, delete " ten " and insert " five ".

On page 3 , line 8, after " . " insert "The requirement to serve the committee in subdivision (9) may be waived by the committee chair if the agency presents sufficient reasons to the committee chair that the agency is unable to comply with the time limit. The waiver may not be granted solely for the convenience of the agency.".

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

MOTION:     DO PASS HB 1054 AS AMENDED

Moved by:    Michels
Second by:    Duenwald
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)

         HB 1039: allow an application for a concealed pistol permit to be filed electronically.

Presented By:    Tom Leckey, Secretary of State's Office
Proponents:    Ray Lautenschlager, executive director, SD Gunowners Organization, Rapid City
        Dick Tieszen, lobbyist, SD Chief of Police Association
        Bill Wills, self, Newell
        Bruce Huber, self, Rapid City
        Jack Paulton, self, Hot Springs
        Zach Lautenschlager, lobbyist, SD Gunowners Organization, Rapid City (handout 1)


MOTION:     AMEND HB 1039

On page 2 of the printed bill, after line 1, insert:

"

Section 2. That chapter 23-7 be amended by adding thereto a NEW SECTION to read as follows:

No information from a concealed pistol permit issued pursuant to § 23-7-8 may be transferred by the local issuing authority to any agency other than the secretary of state. The secretary of state may not allow information from any concealed pistol permit to be electronically accessible to any other agency or person or to be transferred to any other agency or person for the purpose of establishing or maintaining a statewide electronic database.".

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

MOTION:     DO PASS HB 1039 AS AMENDED

Moved by:    Napoli
Second by:    Olson (Mel)
Action:    Was not acted on.

SUBSTITUTE MOTION:     DEFER HB 1039 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Eccarius
Second by:    Michels
Action:    Failed by roll call vote.(4-9-0-0)

Voting Yes:    Duniphan, Eccarius, Michels, Olson (Mel)

Voting No:    Brown (Richard), Duenwald, Glenski, Hanson (Gary), Jaspers, Juhnke, Smidt, Napoli, Peterson (Bill)

ORIGINAL MOTION:     DO PASS HB 1039 AS AMENDED

Action:    Prevailed by roll call vote.(11-2-0-0)

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

Voting No:    Eccarius, Michels

         HB 1052: revise certain provisions related to the state training school and the state juvenile reformatory.

Presented By:    Jeff Bloomberg, Secretary, Department of Corrections (handouts 2, 3, 4)
Opponents:    Jennifer Ring, lobbyist, ACLU of the Dakotas, Fargo, ND

MOTION:     DO PASS HB 1052

Moved by:    Napoli
Second by:    Duniphan
Action:    Prevailed by roll call vote.(11-2-0-0)

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

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

         HB 1053: permit a victim of sliming to request that the defendant be tested for blood- borne pathogens and that the test results be disclosed to the victim.

Presented By:    Laurie Feiler, Department of Corrections

MOTION:     DO PASS HB 1053

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:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary

Bill Peterson, Chair

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