Senate State Affairs Minutes 02/13/2002 7:45 AM

77^th Legislative Session _ 2002

Committee: Senate State Affairs

Wednesday, February 13, 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 MONDAY, FEBRUARY 11, 2002

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

         HB 1302: provide for the establishment of standard guidelines to be used regarding child custody and visitation.

Presented By:    Max Gors, Circuit Judge
Opponents:    Representative Kooistra

MOTION:     AMEND HB 1302

On page 2, line 2 of the House State Affairs Committee engrossed bill, after " guidelines. " insert

"The standard guidelines attached to the summons shall become an order of the court upon fulfillment of the requirements of service.".

On page 2 , line 9, after " court. " insert "The agreed plan shall be approved by court order and replace the standard guidelines or any plan previously filed.".

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

MOTION:     AMEND HB 1302

On page 2, after line 21 of the House State Affairs Committee engrossed bill, insert:

" Section 9. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

No parent entitled to the custody of a child may change the residence of the child to another state or remove the child a distance of greater than sixty miles from the noncustodial parent for a period of time exceeding sixty days unless the parties agree or the court permits otherwise. If relocation is permitted, the court may order contact with the nonrelocating party including custody or visitation and telephone access sufficient to assure that the child has frequent, continuing, and meaningful contact with the nonrelocating party unless the child's best interest warrants otherwise.".

Moved by:    Munson
Second by:    Symens
Action:    Was not acted on.

MOTION:     TO TABLE AMENDMENT

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

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

Voting No:    Munson, Symens

MOTION:     DO PASS HB 1302 AS AMENDED

Moved by:    Hutmacher
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

MOTION:     PLACE HB 1302 ON CONSENT CALENDAR

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

         HJR 1010: 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.

Presented By:    Jim Soyer, Governors Office

MOTION:     DO PASS HJR 1010

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

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

         HB 1305: define terrorism, to create the crime of terrorism, and to provide a penalty therefor.

Presented By:    Debra Bowman, Governor's Office
Proponents:    Jerus Campbell, Governor's Office
        Charlie McGuigan, Attorney General's Office
Opponents:    Jennifer Ring, American Civil Liberties Union of the Dakotas

MOTION:     AMEND HB 1305

On page 1, line 7 of the House State Affairs Committee engrossed bill, after " to " insert "the life of another under circumstances manifesting extreme indifference to the value of".

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

MOTION:     TO TABLE AMENDMENT

Moved by:    Brown (Arnold)
Second by:    Brosz
Action:    Prevailed by roll call vote.(5-4-0-0)

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

Voting No:    Hutmacher, Sutton (Dan), Symens, Whiting

MOTION:     DO PASS HB 1305

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

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

         HB 1303: revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack.

Presented By:    Debra Bowman, Governor's Office

MOTION:     DO PASS HB 1303

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

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

         HB 1304: revise the emergency powers of the Department of Health.

Presented By:    Doneen Hollingsworth, Secretary of the Department of Health(documents #1, #2)

Proponents:    Kevin Forsch, Department of Health
        Dave Hewitt, South Dakota Association of Healthcare Organizations

MOTION:     DO PASS HB 1304

Moved by:    Whiting
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

         HB 1279: establish the South Dakota Municipal Facilities Authority, to provide for the establishment of one or more special purpose corporations by the South Dakota Municipal Facilities Authority, to establish the powers of the South Dakota Municipal Facilities Authority and each such corporation, including the power to acquire, own, lease, sublease and dispose of certain land, improvements and capital equipment comprising all or a portion of any municipal facilities, including any system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers of the state, the Department of Environment and Natural Resources, the Board of Water and Natural Resources, the South Dakota Conservancy District and municipalities and other public entities of the state in connection therewith.

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

Presented By:    Senator Everist
Proponents:    Scott Scofield, ALLCO Ventures
        Jim Wavle, ALLCO Finance Corporation
        Yvonne Taylor, South Dakota Municipal League

MOTION:     AMEND HB 1279

On page 3, line 4 of the House State Affairs Committee engrossed bill, delete " the " .

On page 3 , line 23, delete " subdistrict " and insert "water project district".

On page 3 , line 24, after " other " insert "political subdivision or".

On page 4 , line 17, after the first "entity" insert "or nonprofit corporation".

On page 4 , line 17, after the second "entity" insert "or a nonprofit corporation".

On page 4 , line 18, after " entity " insert "or a nonprofit corporation".

On page 6 , line 18, delete " not " .

On page 6 , line 19, delete " not " .

On page 7 , line 1, delete " delegate by " and insert "upon mutual agreement of the Department of Environment and Natural Resources delegate by resolution any duties or obligations to the department.".

On page 7 , delete line 2 .

On page 7 , line 16, delete " and " and insert "or".

On page 7 , line 16, after " may " insert "take title to or".

On page 10 , line 12, after " section " insert "; and

(8) To pool or cross-collateralize any leases, contracts or other agreements or assets in order to secure any obligations, leases, contracts or other agreements or arrangements".

On page 11 , line 7, after " engineers, " delete " attorneys, " .

On page 13 , line 6, after " paid " insert "or payment has been duly provided for".

On page 14 , line 22, after " otherwise " insert "any utility property and may construct, complete, remodel, maintain and equip such utility property and".

On page 13 , line 24, after " interest, " insert "the state,".

On page 15 , line 2, after " otherwise, " insert "any other municipal facilities and may".

On page 15 , line 7, after " lease " insert "or other contract or agreement".

On page 19 , line 22, delete " or other public entity " and insert ", other public entity or nonprofit corporation".

On page 20 , line 10, after " state, " insert "the Board of Water and Natural Resources, the South Dakota Conservancy District,".

On page 20 , line 13, delete " The governing body of a " and insert "A".

On page 20 , line 13, after " resolution " insert "of its governing body".

On page 20 , line 18, after " For " delete " the " and insert "all".

On page 21 , line 6, delete " and " .

On page 21 , line 12, after " body " insert "; (6) the provisions of § 9-40-25 shall not apply to utility property described herein; and (7) bonds which have been defeased or for which payment has been provided for by virtue of an arrangement involving an irrevocable deposit of investments described in § 4-5-26 shall be deemed paid in full for all purposes under chapter 9-40".

On page 22 , line 3, after " or " insert "any".

On page 22 , line 3, delete " of such " and insert "of a".

On page 22 , line 4, delete " or investors " and insert ", investors or other persons".

On page 23 , line 11, delete " charged " and insert "charter".

Moved by:    Everist
Second by:    Sutton (Dan)
Action:    Was not acted on.

The Vice-Chair deferred HB 1279 until Friday, February 15, 2002.

The Chair resumed the gavel.

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

Presented By:    Senator Bogue

The Chair deferred HB 1116 until Friday, February 15, 2002.

         HJR 1009: Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

Presented By:    Senator Symens

Proponents:    Larry Gabriel, Secretary of the Department of Agriculture
        Dennis Weise, South Dakota Farmers Union
Opponents:    Don Hoogestraat
        Bob Mack

The Chair deferred HJR 1009 until Friday, February 15, 2002.

MOTION:     ADJOURN

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

Alice Christensen

____________________________

Committee Secretary

Barbara Everist, Chair

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