77th Legislative Session _ 2002

Committee: House State Affairs
Wednesday, January 23, 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 FRIDAY, JANUARY 18, 2002

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

 MOTION:     TO INTRODUCE THE FOLLOWING BILLS AND HOUSE JOINT RESOLUTION ON BEHALF OF THE GOVERNOR:

AN ACT TO REVISE THE GOVERNOR'S EMERGENCY POWERS IN THE EVENT OF A TERRORIST OR BIOTERRORIST ATTACK.


AN ACT TO REVISE THE EMERGENCY POWERS OF THE DEPARTMENT OF HEALTH.

AN ACT TO DEFINE TERRORISM, TO CREATE THE CRIME OF TERRORISM, AND TO PROVIDE A PENALTY THEREFOR.

AN ACT TO PROVIDE FOR A REPORT TO THE LEGISLATURE OF A STUDY OF CERTAIN LAWS PERTAINING TO CHILD CUSTODY AND VISITATION.

A JOINT RESOLUTION, PROPOSING AND SUBMITTING TO THE ELECTORS AT THE NEXT GENERAL ELECTION AN AMENDMENT TO ARTICLE IV, SECTION 4, OF THE CONSTITUTION OF THE STATE OF SOUTH DAKOTA, EXTENDING THE TIME ALLOWED FOR THE GOVERNOR'S REVIEW OF LEGISLATION PASSED BY THE LEGISLATURE.

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

          HB 1050: revise the definition of a grain dealer.

Presented By:    Jim Burg, Public Utilities Commission
Comments by: Rolayne Wiest, General Counsel, Public Utilities Commission

MOTION:     DO PASS HB 1050

Moved by:    Duniphan
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote.(12-0-1-0)

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

Excused:    Glenski

MOTION:     PLACE HB 1050 ON CONSENT CALENDAR

Moved by:    Hanson (Gary)
Second by:    Duniphan
Action:    Prevailed by voice vote.

Vice Chair Bill Napoli assumed the chair.

         HB 1087: revise the property tax levies for the general fund of a school district.


Presented By:    Representative Bill Peterson, prime sponsor

MOTION:     DO PASS HB 1087

Moved by:    Peterson (Bill)
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)

Chairman Peterson assumed the chair.

         HB 1107: revise certain provisions regarding pistol permits held by retired law enforcement officers.

Presented By:    Representative Bill Napoli, prime sponsor
Proponents:    Jack First, self, Rapid City
        Representative Larry Rhoden, self
        Dick Tieszen, lobbyist, SD Chief of Police Association
Opponents:    Dan Mosteller, Assistant Superintendent of Highway patrol
Comments by: Mark Barnett, Attorney General

MOTION:     DO PASS HB 1107

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

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

Voting No:    Eccarius, Hanson (Gary)

The Chair deferred HB 1114 until FRIDAY, JANUARY 25, 2002.

         HB 1129: revise certain provisions regarding concealed pistol permits.

Presented By:    Representative Chris Madsen, prime sponsor

Proponents:    David Conway, SD Shooting Sports Association, Blackhawk (handout 1)
        Mark Barnett, Attorney General
        Dick Tieszen, lobbyist, SD Sheriffs Association
        Nancy Errea, lobbyist, SD Shooting Sports Association, Blackhawk
        Dayle Hammock, self, Sturgis
        Peter Henry, self, Spearfish
        Bruce Plate, self, Vermillion Pistol Club, Vermillion
        Hilmer Moen, self, Watertown
        Bill Wells, self, Newell

MOTION:     AMEND HB 1129

1129ta
     On page 2 , line 3 of the printed bill, after " pistol " insert "or a permit effective pursuant to section 1 of this Act".

     On page 2, line 3, after " offense. " insert "However, if within twenty-four hours of being charged with a violation of this section, the person produces a permit to carry a concealed pistol which was valid at the time of the alleged offense in the office of the officer making the demand, the charge shall be dismissed.".

     On page 2 , delete lines 20 to 23 , inclusive, and insert:

"

             (5)    Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in §  27A-1-1 or is not currently adjudged mentally incompetent;".

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

MOTION:     DO PASS HB 1129 AS AMENDED

Moved by:    Brown (Richard)
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)

         HB 1116: prohibit a person from being on the general election ballot for President or vice-president and another office.

Presented By:    Representative Matt McCaulley, prime sponsor (handout 2)
Comments by: Chris Nelson, Secretary of State's Office

MOTION:     AMEND HB 1116

1116oa
     On page 2, line 12 of the printed bill, after " nomination " insert " or election ".

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

 MOTION:     DO PASS HB 1116 AS AMENDED

Moved by:    Napoli
Second by:    Smidt
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER HB 1116 TO THE 36TH LEGISLATIVE DAY

Moved by:    Olson (Mel)
Second by:    Hanson (Gary)
Action:    Failed by roll call vote.(3-10-0-0)

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

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

 ORIGINAL MOTION:     DO PASS HB 1116 AS AMENDED

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)

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary                                Bill Peterson, Chair

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