House State Affairs Minutes 01/30/2002 7:30 PM

77^th Legislative Session _ 2002

Committee: House State Affairs

Wednesday, January 30, 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, Chair

MOTION:     TO APPROVE THE MINUTES OF 1-30-02 AM MEETING

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

         HB 1140: provide for a universal service fund regarding telecommunications services.

Presented By:    Brian Meyer, SDATC
Proponents:    Wayne Soren, South Dakota Farmers Union
Opponents:    Harry Christianson, AT&T, Black Hills

         David Owen, South Dakota Chamber
         Tom Adam, MCI
         Curtis Rees, Self

MOTION:     AMEND HB 1140

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

The commission may not, prior to the implementation and availability of a sufficient amount of offsetting funds from a state universal service fund to be hereafter adopted, make any change to any of its rules adopted for the determination and implementation of fair and reasonable switched access charges pursuant to § § 49-31-18 and 49-31-19 if the change would have the effect of reducing the switched access rates of any local exchange carrier."

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

MOTION:     DO PASS HB 1140

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

MOTION:     SUBSTITUTE MOTION DEFER HB 1140 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Duniphan
Action:    Prevailed by roll call vote.(8-4-1-0)

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

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

Excused:    Duenwald

         HB 1278: revise certain provisions relating to child custody and to provide for a shared parenting plan.

Presented By:    Representative Clarence Kooistra

MOTION:     TO TABLE HB 1278

Moved by:    Duniphan
Second by:    Glenski
Action:    Prevailed by roll call vote.(9-3-1-0)

Voting Yes:    Brown (Richard), Duniphan, Eccarius, Glenski, Hanson (Gary), Jaspers, Juhnke, Smidt, Peterson (Bill)

Voting No:    Michels, Olson (Mel), Napoli

Excused:    Duenwald

         HB 1159: permit certain persons to solemnize marriages.

Presented By:    Representative Stan Adelstein
Opponents:    Representative Larry Rhoden
         Rita Houglum, South Dakota Eagle Forum
         Linda Schauer, Concerned Women for America of South Dakota

MOTION:     AMEND HB 1159

On page 1, line 5 of the printed bill, after "church , " insert " including but not limited to ".

Moved by:    Glenski
Second by:    Brown (Richard)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND HB 1159

On page 1, line 5 of the printed bill, after " by " insert " , including but not limited to, ".

Moved by: Olson (Mel)

Second by:    Michels
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1159 AS AMENDED

Moved by:    Brown (Richard)
Second by:    Eccarius
Action:    Prevailed by roll call vote.(7-4-1-0)

Voting Yes:    Duniphan, Eccarius, Glenski, Jaspers, Michels, Olson (Mel), Peterson (Bill)

Voting No:    Hanson (Gary), Juhnke, Smidt, Napoli

Excused:    Duenwald

         HB 1165: permit more time to file local referendums.

Presented By:    Representative Bill Napoli
Proponents:    Yvonne Taylor, South Dakota Municipal League
         Chris Nelson, Secretary of State's Office

MOTION:     AMEND HB 1165

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That chapter 12-1 be amended by adding thereto a NEW SECTION to read as follows:

Any referendum petition to refer a measure passed by a local unit of government may be circulated immediately upon final passage of the measure."

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

MOTION:     DO PASS HB 1165 AS AMENDED

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

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

Excused:    Duenwald, Eccarius

MOTION:     PLACE HB 1165 ON CONSENT CALENDAR

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

         HB 1137: require periodic reports by the State Cement Plant Commission.

Presented By:    Representative Mel Olson
Opponents:    Curt Everson, BFM

The Chair deferred HB 1137 until another day.

         HB 1167: clarify the extent to which the negotiation of teacher contracts may include the school calendar.

Presented By:    Representative Jim Holbeck
Proponents:    Gene Enck, ASBSD
         Ross Lothrop, School Administrators of South Dakota
         Diana Miller, ESD + 5
Opponents:    Elaine Roberts, SDEA
         Ann Plooster, SDEA

MOTION:     DEFER HB 1167 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Olson (Mel)
Second by:    Smidt
Action:    Prevailed by roll call vote.(8-5-0-0)

Voting Yes:    Brown (Richard), Eccarius, Glenski, Hanson (Gary), Michels, Olson (Mel), Smidt, Peterson (Bill)

Voting No:    Duenwald, Duniphan, Jaspers, Juhnke, Napoli

         HB 1113: require the Department of Corrections to seek accreditation by the American Correctional Association, to make an appropriation therefor, and to declare an emergency.

Presented By:    Representative Thomas Hennies
Proponents:    Representative Margaret Gillespie, Self
         Jennifer Ring, ACLV of the Dakota
         Deb Phillips, Self
         Susan Randall, South Dakota Coalition for Children, Pamela Guettler, Self
Opponents:    Laurie Feiler, South Dakota DOC
         Doug Hermann, South Dakota DOC

MOTION:     AMEND HB 1113

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. The Department of Corrections shall seek membership in the Performance-based Standards Project sponsored by the Office of Juvenile Justice and Delinquency Prevention, United States Department of Justice. The Department of Corrections shall apply for membership as an implementation site and shall sign an agreement with the Council of Juvenile Correctional Administrators, hereinafter referred to as the council, committing adequate resources to complete the data collection cycles and facility improvement plans.

Section 2. If the membership application in section 1 of this Act is approved, the Department of Corrections shall apply to the council for demonstrated program funding provided by the Office of Juvenile Justice Delinquency Prevention to support changes and actions outlined in facility improvement plans.

Section 3. If the membership application in section 1 of this Act is approved, the department may request federal spending authority from the committee created in § 4-8A-2.

Section 4. If the membership application in section 1 of this Act is approved, the Department of Corrections shall appoint at least one manager who shall organize and supervise agency resources and activities to achieve membership and completion of designated programs.

Section 5. No child in the custody of the State of South Dakota or any subdivision thereof may be placed in any program unless that program is actively seeking membership in the Performance- based Standards Project, or has completed designated programs involved with membership in the council.

Section 6. The Department of Corrections shall write a report detailing the assessments made by the council and the actions taken by the department. The Department of Corrections shall present the report semiannually to the Corrections Commission, established in § 1-15-1.13, beginning on June 30, 2002. The department shall present the report to the Governor and the Legislature annually,

beginning on January 1, 2003.

Section 7. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

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

MOTION:     AMEND HB 1113

In the previously adopted amendment (1113ma) amend as follows:

In Section 5, after "Project," delete "or".

In Section 5, after "council" insert ", is actively seeking accreditation through application, or is accredited by the American Corrections Association if such accreditation is available".

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

MOTION:     DO PASS HB 1113 AS AMENDED

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

MOTION:     DEFER HB 1113 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Juhnke
Action:    Prevailed by roll call vote.(8-5-0-0)

Voting Yes:    Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Michels, Smidt, Napoli

Voting No:    Brown (Richard), Glenski, Hanson (Gary), Olson (Mel), Peterson (Bill)

         HB 1236: declare a disaster in certain federal forest areas and to authorize state and local remedial action.

Presented By:    Representative John Teupel
Opponents:    Larry Gabriel, Secretary, South Dakota Department of Agriculture
         Nancy Hilding, Self
         Madonna Thunder Hawk, South Dakota Sierra Club
         John Twist, Forrest Supervisor, Black Hills National Forrest

MOTION:     AMEND HB 1236

On page 2 , line 17, after " by " insert "the secretary of agriculture in cooperation with".

On page 2 , line 18, after " damage, " insert "that have suffered damage caused by weather events or other natural disasters that increase the risk of fire,".

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

MOTION:     AMEND HB 1236

On page 2, line 21 of the printed bill, delete " should " and insert "may".

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

MOTION:     DO PASS HB 1236 AS AMENDED

Moved by:    Napoli
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote.(8-5-0-0)

Voting Yes:    Brown (Richard), Duenwald, Eccarius, Hanson (Gary), Jaspers, Michels, Olson (Mel), Napoli

Voting No:    Duniphan, Glenski, Juhnke, Smidt, Peterson (Bill)

HB 1128: require that certain reviews for worker's compensation be conducted by similarly qualified health care professionals as those who provided the service under review.

MOTION:     TO TABLE HB 1128

Moved by:    Eccarius
Second by:    Michels
Action:    Prevailed by roll call vote.(10-3-0-0)

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

Voting No:    Duenwald, Smidt, Napoli

MOTION:     ADJOURN

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

____________________________

Committee Secretary

Bill Peterson, Chair

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