House State Affairs Minutes 02/13/2002 5:00 PM

77^th Legislative Session _ 2002

Committee: House State Affairs

Wednesday, February 13, 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 Chair Peterson

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 13, 2002, AM

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

The Chair deferred SB 111 until Friday, February 15, 2002.

The Chair deferred SB 182 until Friday, February 15, 2002.

SB 61: allow for binding arbitration for school districts and employees under certain circumstances.

Presented By:    Senator Kermit Staggers
Proponents:    Bob Stevens, SD Education Association (Documents #1 & #2)
        Teri Determan, self, Emery
        Paul Aylward, American Federation of State, County, and Municipal Employees
Opponents:    Penelope Douglas, SD Coalition of Small Schools
        Gene Enck, Associated School Boards of South Dakota (Document #3)
        Ray Christensen, Secretary, Department of Education & Cultural Affairs (Doc. #4)
        Dr. Jim Shekleton, SD Board of Regents

MOTION:     DO PASS SB 61

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

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

Voting No:    Duenwald, Eccarius, Jaspers, Juhnke, Michels, Napoli, Peterson (Bill)

Excused:    Duniphan

MOTION:     DEFER SB 61 TO THE 36^TH LEGISLATIVE DAY

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

MOTION:     SUBSTITUTE MOTION WITHOUT RECOMMENDATION

Moved by:    Brown (Richard)
Second by:    Olson (Mel)
Action:    Failed by roll call vote.(5-8-0-0)

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

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

ORIGINAL MOTION:     DEFER SB 61 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Duenwald
Second by:    Juhnke

Action:    Prevailed by roll call vote.(8-5-0-0)

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

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

         SB 126: revise certain career service system rules pertaining to causes for disciplinary action against employees.

Presented By:    Senator Patricia de Hueck (requested committee to defer to the 36^th day due to technical issues)

MOTION:     DEFER SB 126 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Eccarius
Second by:    Duenwald
Action:    Prevailed by roll call vote.(12-1-0-0)

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

Voting No:    Brown (Richard)

         SB 91: provide for DNA testing for certain inmates.

Presented By:    Senator Kermit Staggers
Proponents:    Jennifer Ring, ACLU of the Dakotas
        Lawrence Schroder, self, Sioux Falls
        Chris Franklin, self, Sioux Falls
        Arnie Berkeland, self, Sioux Falls
        Jeanne Kosters, SD Peace & Justice Center (Document #5)
Opponents:    Brent Wilbur, lobbyist, Office of the Governor
        Charlie McGuigan, Office of Attorney General
        Mark Smith, Hughes County States Attorney

MOTION:     DEFER SB 91 TO THE 36^TH LEGISLATIVE DAY

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

Voting Yes:    Duenwald, Duniphan, Eccarius, Hanson (Gary), Jaspers, Juhnke, Michels, Olson

(Mel), Smidt, Napoli, Peterson (Bill)

Voting No:    Brown (Richard), Glenski

         SB 81: limit the Department of Labor's authority to recommend settlements in labor disputes.

Presented By:    Bob Stevens, SD Education Association (Document #6)
Proponents:    Deb Jurgens, self, Sioux Falls
        Jean Placek, self, Lennox
        David Bordewyk, SD Newspaper Association
        Representative Jim Bradford
        Paul Aylward, American Federation of State, County and Municipal Employees
Opponents:    James Marsh, SD Department of Labor
        Dr. Jim Shekleton, SD Board of Regents
        Gene Enck, Associated School Boards of SD

MOTION:     DO PASS SB 81

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

MOTION:     SUBSTITUTE MOTION DEFER SB 81 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Napoli
Second by:    Jaspers
Action:    Failed by roll call vote.(5-7-1-0)

Voting Yes:    Duenwald, Jaspers, Juhnke, Napoli, Peterson (Bill)

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

Excused:    Duniphan

MOTION:     SUBSTITUTE MOTION WITHOUT RECOMMENDATION

Moved by:    Eccarius
Second by:    Smidt
Action:    Failed by roll call vote.(6-6-1-0)

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

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

Excused:    Duniphan

ORIGINAL MOTION:     DO PASS SB 81

Moved by:    Olson (Mel)
Second by:    Brown (Richard)
Action:    Failed by roll call vote.(6-6-1-0)

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

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

Excused:    Duniphan

The Chair deferred SB 81 until Friday, February 15, 2002.

MOTION:     ADJOURN

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

Rhonda Purkapile

____________________________

Committee Secretary

Bill Peterson, Chair

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