House State Affairs Minutes 02/15/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: House State Affairs

Friday, February 15, 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 WEDNESDAY, FEBRUARY 13, 2002 (7:30 PM)

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

         SB 182: revise the procedures for opting out of the property tax freeze.

Presented By:    Jim Soyer, Governor's Office (handout 1)
Opponents:    Dick Howard, lobbyist, SD Association of County Officials, Pierre
        Yvonne Taylor, lobbyist, SD Municipal league, Pierre

        Dianna Miller, lobbyist, ESD+5, Sioux Falls
        Bob Stevens, lobbyist, South Dakota Education Association, Pierre
        Patty McGee, lobbyist, SD Association of County Officials, Onida

MOTION: AMEND SB 182

On page 1, line 9 of the Senate engrossed bill, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

On page 1 , line 11, delete " five years " and insert " the specified time ".

On page 3 , delete lines 5 to 12 , inclusive.

On page 3 , line 17, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

On page 3 , line 19, delete " five years " and insert " the specified time ".

On page 5 , delete lines 6 to 13 , inclusive.

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

MOTION:     SUBSTITUTE MOTION AMEND SB 182

On page 1, line 9 of the Senate engrossed bill, delete " The " and insert " On any excess tax levy approved after July 1,2002, the ".

On page 3 , line 17, delete " The " and insert " On any excess tax levy approved after July 1, 2002, the ".

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

MOTION:     AMEND SB 182

On page 2, line 4 of the Senate engrossed bill, delete " two newspaper columns in width " and insert " one-fourth of a page in size ".

On page 2 , line 5, after " statement " insert " in a typeface no less than one-half inch or thirty-six point type ".

On page 2 , line 18, delete " printed in each official newspaper in the local " and insert " delivered to each newspaper, radio, and television outlet that delivers or transmits into the school district. ".

On page 2 , delete line 19 .

On page 4 , line 3, delete " two newspaper columns in width " and insert " one-fourth of a page in size ".

On page 4 , line 4, after " statement " insert " in a typeface no less than one-half inch or thirty-six point type ".

On page 4 , line 17, delete " printed in each official newspaper " and insert " delivered to each newspaper, radio, and television outlet that delivers or transmits ".

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

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

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

MOTION:     AMEND SB 182

On page 5, after line 13 of the Senate engrossed bill, insert:

" Section 3. That chapter 10-12 be amended by adding thereto a NEW SECTION to read as follows:

The decision of the governing body of a school district to increase the levy or impose a new levy for the school district pension fund, capital outlay fund, or special education fund may be referred to a vote of the people upon a petition signed by at least five percent of the registered voters in the school district and filed with the governing body within twenty days of the first publication of the

decision. The referendum election shall be held on or before October first of the year prior to the time the taxes are payable.

Section 4. That chapter 10-12 be amended by adding thereto a NEW SECTION to read as follows:

The decision of the governing body to increase the levy or impose a new levy for the school district pension fund, capital outlay fund, or special education fund is subject to public announcement according to the following requirements:

(1) The decision of the governing body shall be first published within ten days of the decision;

(2) Publication shall be made at least twice in the legal newspaper designated pursuant to § 13-8-10, with no fewer than five days between publication dates, before the new levy or increased levy takes effect;

(3) The announcement shall be at least two newspaper columns in width;

(4) The announcement shall be headed with the following statement: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX INCREASE OF $(fill in amount)." The remainder of the announcement shall consist of a reproduction of the "Resolution for Tax Increase," including the amount that property taxes will be increased annually by the proposed tax increase and a statement of the right to refer the decision of the board to a vote of the people as provided in this section. The secretary of revenue, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the school district for notification of taxpayers as required by this section.

However, the requirements of subdivisions (3) and (4) may be waived if:

(A) The tax increase is for less than fifteen thousand dollars; or

(B) A copy of the resolution for tax increase is mailed to every property taxpayer in the local governmental unit, by first class mail or bulk mail, within twenty days of the decision to tax increase; and

(C) A copy of the resolution for tax increase is printed in each official newspaper in the local governmental unit's boundaries.

For the purposes of subsections (A), (B), and (C), the first publication is not deemed to have occurred until three days after the mailing is sent or the resolution is delivered to the official newspaper.".

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

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

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

MOTION:     DO PASS SB 182 AS AMENDED

Moved by:    Napoli
Second by:    Duenwald
Action:    Prevailed by roll call vote.(9-4-0-0)

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

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

MOTION:     TO AMEND TITLE OF SB 182

On page 1, line 2 of the Senate engrossed bill, after " freeze " insert "and for levying or increasing a property tax".

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

         SJR 5: Proposing and submitting to the electors at the next general election amendments to Article III of the Constitution of the State of South Dakota, relating to legislative appointments and conflicts of interest.

Presented By:    Senator Eric Bogue, prime sponsor
Proponents:    Jim Shekleton, self, Pierre
        Bob Stevens, lobbyist, SDEA
        Representative Carol Pitts, self, Brookings

MOTION: AMEND SJR 5

On page 2, line 9 of the printed resolution, delete " supplies, equipment " and insert "commodities".

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

MOTION:     DO PASS SJR 5 AS AMENDED

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

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

Voting No:    Eccarius, Napoli

MOTION:     TO AMEND TITLE OF SJR 5

On page 1, line 2 of the printed resolution, after " to " delete " the " .

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

Vice Chair Bill Napoli assumed the chair.

         SB 184: protect the children of South Dakota against sexual exploitation by criminalizing certain conduct involving children and the internet, to provide for civil remedies, to require certain people to report suspected violations, and to revise certain provisions regarding the unlawful use of computers.

Presented By:    Jerus Campbell, Governor's Office (handout 2)
Proponents:    Bill Mickelson, Governor's Office
        Steve Sibson, self, Mitchell

MOTION: AMEND SB 184

On page 3, line 18 of the Senate State Affairs Committee engrossed bill, delete " Deviate " and insert "Deviant".

On page 5 , line 15, delete " deviate " and insert "deviant".

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

Chair Peterson assumed the chair.

MOTION:     DO PASS SB 184 AS AMENDED

Moved by:    Michels
Second by:    Brown (Richard)
Action:    Prevailed by roll call vote.(13-0-0-0)

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

         SB 7: provide for the leasing of certain public lands acquired by exchange.

MOTION:     TO TABLE SB 7

Moved by:    Duenwald
Second by:    Juhnke
Action:    Prevailed by roll call vote.(13-0-0-0)

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

         SB 113: provide for the state to transfer its reversionary interest in certain real estate in Lake County, commonly known as Camp Lakodia.

Presented By:    Representative Mike Jaspers, prime sponsor
Proponents:    Testimony taken on Wednesday, February 13

MOTION:     DO PASS SB 113

Moved by:    Jaspers
Second by:    Duniphan
Action:    Prevailed by roll call vote.(13-0-0-0)

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

MOTION:     PLACE SB 113 ON CONSENT CALENDAR

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

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

Proponents:    Testimony was taken on Wednesday, February 13

MOTION:     DO PASS SB 81

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

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

Moved by:    Duniphan
Second by:    Juhnke
Action:    Failed by roll call vote.(6-7-0-0)

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

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

MOTION:     SUBSTITUTE MOTION AMEND SB 81

On page 2, line 12 of the Senate Commerce Committee engrossed bill, delete everything after " department. " .

On page 2 , delete lines 13 to 23 , inclusive.

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

MOTION:     DO PASS SB 81 AS AMENDED

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

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

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

         HCR 1021: Requesting the Department of Corrections to expand their mission statement.

Presented By:    Representative Gerald Lange, prime sponsor

MOTION:     AMEND HCR 1021

    On page 579, line 6 of the House Journal, delete everything after “institutions” and insert “;”.

    On page 579, delete line 7.

    On page 579, delete 8, delete everything before “to assure”.

    On page 579, line 9, delete “and to insure”.

    On page 579, delete lines 10 to 12, inclusive, and insert “; and to assure that the conditions of the correctional facilities provide decent and humane care.”“.

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

MOTION:     DO PASS HCR 1021 AS AMENDED

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

MOTION:     SUBSTITUTE MOTION DEFER HCR 1021 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Jaspers
Second by:    Duniphan
Action:    Prevailed by roll call vote.(9-4-0-0)

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

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

Vice Chair Napoli assumed the chair.

         SB 111: revise per diem for certain legislative committees and to declare an emergency.

Presented By:    Representative Bill Peterson, prime sponsor

MOTION:     DO PASS SB 111

Moved by:    Brown (Richard)
Second by:    Smidt
Action:    Prevailed by roll call vote.(9-4-0-0)

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

Voting No:    Eccarius, Jaspers, Olson (Mel), Napoli

Chair Peterson assumed the chair.

The Chair deferred SB 133 until Tuesday, February 19 noon meeting.

MOTION:     ADJOURN

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

Clara Shelbourn

____________________________

Committee Secretary

Bill Peterson, Chair

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