77th Legislative Session _ 2002

Committee: House State Affairs
Monday, February 04, 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, FEBRUARY 1, 2002

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

          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.

MOTION:     RECONSIDER HB 1113

Moved by:    Olson (Mel)

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

MOTION:     DO NOT PASS HB 1113 AS AMENDED

Moved by:    Jaspers
Second by:    Duniphan
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1113 AS AMENDED

Moved by:    Brown (Richard)
Second by:    Hanson (Gary)
Action:    Failed by roll call vote.(5-7-1-0)

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

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

Excused:    Michels

ORIGINAL MOTION:     DO NOT PASS HB 1113 AS AMENDED

Action:    Prevailed by roll call vote.(7-5-1-0)

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

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

Excused:    Michels

MOTION:     TO AMEND TITLE OF HB 1113
1113mta
     On page 1 of the printed bill, delete line 2 , and insert "membership in the Performance-based Standards Project".

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

          HB 1119: revise certain eligibility restrictions relating to secondary school

extracurricular activities.

MOTION:     RECONSIDER HB 1119

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

MOTION:     DO NOT PASS HB 1119

Moved by:    Jaspers
Second by:    Juhnke
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1119

Moved by:    Brown (Richard)
Second by:    Napoli
Action:    Failed by roll call vote.(6-7-0-0)

Voting Yes:    Brown (Richard), Glenski, Hanson (Gary), Michels, Olson (Mel), Napoli

Voting No:    Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Smidt, Peterson (Bill)

ORIGINAL MOTION:     DO NOT PASS HB 1119

Action:    Prevailed by roll call vote.(7-6-0-0)

Voting Yes:    Duenwald, Duniphan, Eccarius, Jaspers, Juhnke, Smidt, Peterson (Bill)

Voting No:    Brown (Richard), Glenski, Hanson (Gary), Michels, Olson (Mel), Napoli

         HB 1136: clarify the approval authority for local accounts of the state treasurer and state auditor.

Presented By:    Representative Mel Olson, prime sponsor
Proponents:    Richard Butler, State Treasurer
        Scott McGregor, Deputy State Treasurer
Opponents:    Curt Everson, Bureau of Finance and Management

MOTION:     AMEND HB 1136

1136oa
     On page 1, line 10 of the printed bill, after " 1-10-1. " insert " Neither the state treasurer nor the state auditor may be a signator on any local account. Any agency holding state funds in any local bank account shall provide a quarterly statement of activity in that account to the state treasurer and the state auditor. ".

     On page 1 , delete lines 11 to 13 , inclusive.

     On page 2 , delete lines 1 to 3 , inclusive.

     On page 2 , line 8, delete " or state " .

     On page 2 , line 9, delete " treasurer " .

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

 MOTION:     DO PASS HB 1136 AS AMENDED

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

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

Voting No:    Eccarius, Glenski, Hanson (Gary), Michels, Olson (Mel)

          HB 1142: repeal the prohibition of certain disclosures by a state agency of information concerning a private entity and to refer the Act to the electors of this state at the next general election.

Proponents:    Gary Aguiar, lobbyist, Dakota Rural Action

Further testimony and final action will be taken tonight.

The Chair deferred HB 1142 until tonight's meeting.

         HB 1287: increase funding for education, to reduce state government reliance on lottery proceeds, and to revise the distribution of lottery proceeds.

Presented By:    Representative Hal Wick, prime sponsor
Opponents:    Jason Dilges, Bureau of Finance and Management (handout 1)
        Bob Riter, lobbyist, Music and Vending of SD

MOTION:     AMEND HB 1287
1287fb
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 42-7A-63 be amended to read as follows:

     42-7A-63.   The commission shall maximize revenues to the state from video lottery. The state's percentage of net machine income shall be fifty percent. The state's percentage of net machine income shall be directly deposited to the property tax reduction fund and education enhancement trust fund created by S.D. Const., Art. XII, §  6 , except for one-half of one percent of net machine income authorized for deposit into the video lottery operating fund. The effective date of this section is July 1, 1996.

     The revenue collected pursuant to this section shall be distributed in the following manner:

             (1)    During fiscal year 2004, eighty-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2005, seventy-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2006, sixty-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2007, fifty-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2008, forty-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2009, thirty-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2010, twenty-nine and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2011, nineteen and one-half percent shall be deposited in the property tax reduction fund. During fiscal year 2012, nine and one-half percent shall be deposited in the property tax reduction fund. Beginning in fiscal year 2013 and each year thereafter no lottery proceeds shall be deposited in the property tax reduction fund; and

             (2)    During fiscal year 2004, ten percent shall be deposited in the education enhancement trust fund created by S.D. Const., Art. XII, §  6. During fiscal year 2005, twenty percent shall be deposited in the education enhancement trust fund. During fiscal year 2006, thirty percent shall be deposited in the education enhancement trust fund. During fiscal year 2007, forty percent shall be deposited in the education enhancement trust fund. During fiscal year 2008, fifty percent shall be deposited in the education enhancement trust fund. During fiscal year 2009, sixty percent shall be deposited in the education enhancement trust fund. During fiscal year 2010, seventy percent shall be deposited in the education enhancement trust fund. During fiscal year 2011, eighty percent shall be deposited in the

education enhancement trust fund. During fiscal year 2012, ninety percent shall be deposited in the education enhancement trust fund. Beginning in fiscal year 2013, and each year thereafter, ninety-nine and one half percent shall be deposited in the education enhancement trust fund. "


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

 MOTION:     DEFER HB 1287 TO THE 36TH LEGISLATIVE DAY

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

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

Voting No:    Duenwald, Eccarius, Glenski, Jaspers, Smidt

          HB 1146: prohibit the maintenance and operation of certain boot camp programs and to develop a plan for the potential uses of the boot camp facilities.

Presented By:    Representative Frank Kloucek, prime sponsor
Proponents:    Deb Phillips, self, Whitewood
        Pamela Geuttler, self, Spearfish
        LaRee Rumbolz, self, Mitchell
        Lawrence Schroder, CURE SD, Sioux Falls
        Jennifer Ring, lobbyist, ACLU, Fargo, ND
Opponents:    Doug Hermann, Superintendent, Custer Juvenile Facility, Department of Corrections, Rapid City

MOTION:     DEFER HB 1146 TO THE 36TH LEGISLATIVE DAY

Moved by:    Duenwald
Second by:    Smidt
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)

         HB 1227: prohibit the faxing or e-mailing of unsolicited advertising materials.

Presented By:    Representative Matt McCaulley, prime sponsor
Proponents:    Bob Sahr, self, Public Utilities Commissioner, Pierre
Opponents:    Jim Hood, lobbyist, SD Retailers Association, Spearfish

MOTION:     AMEND HB 1227

1227fa
     On page 4, after line 6 of the printed bill, insert:

"      Section 11. Upon notification by a recipient of his or her request not to receive any further unsolicited faxed or e-mailed documents, no person or entity may sell, give, or otherwise transfer the recipient's fax number or e-mail address to another person or entity except as necessary to enforce the provisions of this Act. A violation of this section is a Class 2 misdemeanor.".


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

 MOTION:     DEFER HB 1227 TO THE 36TH LEGISLATIVE DAY

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

 MOTION:     SUBSTITUTE MOTION DO PASS HB 1227 AS AMENDED

Moved by:    Napoli
Second by:    Duenwald
Action:    Failed by roll call vote.(5-6-2-0)

Voting Yes:    Duenwald, Glenski, Jaspers, Michels, Napoli

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

Excused:    Duniphan, Eccarius

 ORIGINAL MOTION:     DEFER HB 1227 TO THE 36TH LEGISLATIVE DAY

Action:    Failed by roll call vote.(6-5-2-0)

Voting Yes:    Brown (Richard), Hanson (Gary), Juhnke, Olson (Mel), Smidt, Peterson (Bill)

Voting No:    Duenwald, Glenski, Jaspers, Michels, Napoli

Excused:    Duniphan, Eccarius

The Chair deferred HB 1227 until tonight's meeting.

         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 REMOVE FROM THE TABLE HB 1128

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

The Chair deferred HB 1128 until tonight's meeting.

The Chair deferred HB 1168 until Wednesday, February 6.

The Chair deferred HB 1137 until tonight's meeting.

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary
Bill Peterson, Chair

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