Senate State Affairs Minutes 02/11/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: Senate State Affairs

Monday, February 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:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 8, 2002

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

         HJR 1007: Proposing and submitting to the electors at the next general election an amendment to Article III, section 5, of the Constitution of the State of South Dakota to clarify the responsibility of the Legislature to provide for its own apportionment.

Presented By:    Senator Bogue

MOTION:     DO PASS HJR 1007

Moved by:    Brown (Arnold)
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

         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:    Senator Bogue

MOTION:     DO PASS HB 1054

Moved by:    Brosz
Second by:    Symens
Action:    Prevailed by roll call vote.(9-0-0-0)

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

MOTION:     PLACE HB 1054 ON CONSENT CALENDAR

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

The gavel was passed to Senator Arnold Brown, Vice-Chair.

         HB 1234: clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

Presented By:    Senator Everist
Proponents:    David Owens, South Dakota Chamber of Commerce
        Dan Nelson, Sioux Falls Chamber of Commerce
        Chris Nelson, Secretary of State's Office
        Jim Hood, South Dakota Retailer's Association

MOTION:     DO PASS HB 1234

Moved by:    Daugaard
Action:    Died for a lack of a second

MOTION:     SUBSTITUTE MOTION AMEND HB 1234

On page 1, line 12 of the House engrossed bill, after " accept " insert " only voluntary nondues ".

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

MOTION:     DO PASS HB 1234 AS AMENDED

Moved by:    Daugaard
Second by:    Everist
Action:    Prevailed by roll call vote.(6-3-0-0)

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

Voting No:    Munson, Sutton (Dan), Symens

The Chair resumed the gavel.

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

Presented By:    Jeff Bloomberg, Secretary of the Department of Corrections(document #1)
Proponents:    Curt Johnson, Commissioner of School and Public Lands
Opponents:    Karen Adams
        John Paul Studeny(document #2)
        Representative Kooistra
        Gayle VanGenderen
        Representative Kloucek
        Don Adams

MOTION:     AMEND HB 1052

On page 1, line 11 of the House engrossed bill, after " authorized " insert ", pursuant to § 5-2-2.4,".

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

MOTION: AMEND HB 1052

On page 1 of the House engrossed bill, delete lines 11 to 14 , inclusive, and insert "The commissioner of school and public lands and the Department of Corrections are authorized to lease the former state training school real and personal property, respectively. The terms of the lease shall be at least three years and no more than five years and subject to § 10-4-23. Any revenue derived from any lease of the former state training school real or personal property shall be deposited with the commissioner of school and public lands and distributed to the Department of Corrections for juvenile programs subject to § 4-8-1.".

Moved by:    Hutmacher
Second by:    Sutton (Dan)
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1052 AS AMENDED

Moved by:    Brown (Arnold)
Second by:    Daugaard
Action:    Prevailed by roll call vote.(6-3-0-0)

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

Voting No:    Hutmacher, Sutton (Dan), Symens

The committee was recessed at 10:00 AM and scheduled to reconvene at 7:00 PM.

The committee reconvened at 7:00 PM.

         HB 1050: revise the definition of a grain dealer.

Presented By:    Rolayne Wiest, Public Utilities Commission

MOTION:     DO PASS HB 1050

Moved by:    Hutmacher
Second by:    Symens
Action:    Prevailed by roll call vote.(9-0-0-0)

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

MOTION:     PLACE HB 1050 ON CONSENT CALENDAR

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

         HB 1300: clarify the state's sovereign immunity in the courts of other jurisdictions.

Presented By:    Brent Wilber, Governors Office

MOTION:     DO PASS HB 1300

Moved by:    Daugaard
Second by:    Munson
Action:    Prevailed by roll call vote.(9-0-0-0)

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

MOTION:     PLACE HB 1300 ON CONSENT CALENDAR

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

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

Presented By:    Senator Hutmacher(document #3)
Proponents:    Scott McGregor, Deputy State Treasurer
        Curt Everson, Bureau of Finance and Management
        Marty Guinden, State Auditor
        Bob Sutton, South Dakota Bankers Association

MOTION:     AMEND HB 1136

On the House State Affairs Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Moved by:    Hutmacher
Second by:    Symens
Action:    Failed by voice vote.

MOTION:     DO PASS HB 1136

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

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

Excused:    Munson

MOTION:     PLACE HB 1136 ON CONSENT CALENDAR

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

         HB 1119: revise certain eligibility restrictions relating to secondary school extracurricular activities.

Presented By:    Representative Murschel
Proponents:    Dianna Miller, ESD+5, South Dakota Education Association, Associated School Boards of South Dakota
        Senator Moore
        Susan Randall, South Dakota Coalition for Children
        Jeff Hayward, South Dakota Coalition for Children-Youth Action Coalition

MOTION:     AMEND HB 1119

On page 2, line 14 of the House engrossed bill, after " substance " insert " or marijuana ".

Moved by:    Symens
Second by:    Sutton (Dan)
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1119 AS AMENDED

Moved by:    Hutmacher
Second by:    Daugaard
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION WITHOUT RECOMMENDATION HB 1119 AS AMENDED

Moved by:    Brosz
Second by:    Whiting
Action:    Prevailed by roll call vote.(7-2-0-0)

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

Voting No:    Daugaard, Hutmacher

MOTION:     ADJOURN

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

Alice Christensen

____________________________

Committee Secretary

Barbara Everist, Chair

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