Two hundred eighty-fifth Meeting LCR 1
Tuesday, June 15, 1999 State Capitol Building
Pierre, South Dakota
The two hundred eighty-fifth meeting of the Legislative Research Council Executive Board was called to order by Chair Representative Kenneth McNenny at 9:10 a.m., June 15, 1999, in LCR 1 of the State Capitol, Pierre, South Dakota.
A quorum was determined with the following members answering the roll call: Senators Don Brosz, Arnold Brown, Dennis Daugaard, Robert Duxbury, Harold Halverson, Gerald Lange, and Jerry Shoener; and Representatives Michael Derby, Larry Diedrich, J.P. Duniphan, Deb Fischer-Clemens, Roger Hunt, Kenneth McNenny, Orville Smidt, and Dan Sutton.
Staff members present included Terry C. Anderson, LRC Director, and Yolonda J. Soyer, Administrative Assistant.
A list of guests present during all or part of the meeting is on file with the master minutes.
(NOTE: For sake of continuity, the following minutes are not necessarily in chronological order. Also, all referenced documents are on file with the Master Minutes.)
(NOTE: The Computer Technology Subcommittee met on June 14; the Personnel Subcommittee met on June 14 and 15; and the Legislative Intern Subcommittee met on June 15, 1999.)
Approval of Minutes and Agenda
REPRESENTATIVE DUNIPHAN MOVED, SECONDED BY SENATOR SHOENER, THAT THE MINUTES OF THE APRIL 27, 1999, MEETING BE APPROVED AS PRINTED AND MAILED.
Senator Lange offered his opinion that the minutes should either include all remarks and comments made during a meeting or the minutes should include only the actions taken at a meeting.
MOTION PREVAILED ON A VOICE VOTE.
REPRESENTATIVE DUNIPHAN MOVED, SECONDED BY REPRESENTATIVE SMIDT, THAT THE AGENDA BE APPROVED AS PRESENTED. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
Director’s Report and Correspondence
Mr. Anderson reviewed the Financial Statement (Document #1), explaining that there are many reductions yet to be made from the funds available column due to year-end transactions. He reported that the LawMaker™ system has already paid for itself. The cost to write the program paid for itself in two years. As a result, there will be a $95,000 to $100,000 reduction in computer charges.
Wiring Legislative Chambers. Document #2 details dialogue with the Bureau of Administration in regard to wiring the House and Senate Chambers. It is estimated that wiring the Senate Chamber will cost $44,000, while wiring the House Chamber will cost $61,000. The total cost, including overhead and contingencies, is an estimated $131,000. The wiring includes installing a duplex outlet at each desk on the chamber floors. The wiring could be completed in time for the 2001 Legislative Session. Mr. Anderson explained that the raceways will accommodate the electrical lines; the capability to add more wiring in these channels cannot be determined until the chamber floors are disassembled. The Director recommended allocating $95,000-$100,000 for this project. Upon a query from Senator Halverson, he explained that the proposal does not include wiring for a voting machine in the Senate. When the floor is open, then providing conduit for a Senate voting system, as well as examination of the current sound systems, and data wiring for the desks will be explored. Mr. Anderson stated that the actual cost of the conduit is minimal; the major cost is for opening the floors.
SENATOR HALVERSON MOVED, SECONDED BY SENATOR DUXBURY, THAT THE EXECUTIVE BOARD AUTHORIZE SETTING ASIDE $131,000 FROM THE LEGISLATIVE BUDGET’S CONTINGENCY FUND (CONTRACT CARRYOVER) FOR THE WIRING OF THE HOUSE AND SENATE CHAMBERS. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
Mr. Anderson stated that after the chamber floors are disassembled, the Bureau of Administration will be able to prepare an estimate on conduit for additional wiring. The bureau will advise the Board of the costs once they are determined.
State-Tribal Relations Committee (Document #3). Mr. Tom Magedanz, Principal Research Analyst for the Legislative Research Council and staff to the State-Tribal Relations Committee, reported that the group elected Senator Robert Benson as its chair and Representative Kenneth Wetz as vice chair. The committee also suggested topics for study during the 1999 interim. The committee proposes to hold one meeting on the Crow Creek and Lower Brule Reservations. Upon a question from Chair McNenny, Mr. Magedanz stated that last interim the committee studied tribal higher education issues, economic development and welfare, and the hog confinement facility at Rosebud. In 1997 the committee focused on land issues. Senator Brosz asked if the committee could study what impact tribal casinos have on the infrastructure of a county (e.g., road maintenance, police services, and fire services). Mr. Magedanz responded that this issue would be included in the proposed study of the impacts of casinos on local governments. Senator Halverson stated his opinion that the proposal to study tribal scholarship programs is a legislative issue.
SENATOR HALVERSON MOVED, SECONDED BY SENATOR BROSZ, THAT THE EXECUTIVE BOARD AUTHORIZE THE FOLLOWING STUDIES BY THE STATE-TRIBAL RELATIONS COMMITTEE FOR THE 1999 INTERIM: (1) A study of the impacts on local governments of issues and activities associated with communities located on or near Indian reservations. These include jurisdiction questions in criminal justice, juvenile justice, off-reservation crime and law enforcement, nontribal member legal status on reservations, off-reservation medical care and elderly care impacts and needs, business development needs related to enforcement and dispute resolution, and other elements necessary for economic and business development. (2) Updates on issues related to the disposition of Corps of Engineers land along the Missouri River, gaming compact status for South Dakota tribes, and the operations of the Rosebud hog confinement facility. MOTION PREVAILED ON A VOICE VOTE.
Health Insurance Committee (Document #4). Mr. Anderson reported that Representative Mary Patterson is unable to serve as a member of this interim study committee. No other legislator had indicated an interest in serving on this summer study committee.
Document #5 is a listing of the new rates for state employee travel expenses. Upon a question by Representative Duniphan, Mr. Anderson explained that the membership of the State Board of Finance is constitutional officers, and the commissioners of administration and finance and management.
American Legislative Exchange Council (ALEC) (Document #6). The Board reviewed a letter from Representative Kristie Fiegen, state chair of ALEC, requesting that registration fees and up to $250 of travel expense be authorized for ten legislators to attend the 1999 ALEC convention. Past Board practice has been to allow registration fees for a delegation of six legislators. Mr. Anderson explained that individual legislators belong to ALEC, while the South Dakota Legislature is a member of the National Conference of State Legislatures (NCSL) and the Council of State Governments (CSG). Senator Brown stated that he has belonged to ALEC; the organization has some excellent programs and meetings. He further stated, however, that NCSL offers programs to legislators where the costs to attend are paid by the organization. There is not always interest in attending these "free" meetings, however. Senator Duxbury stated that he, too, has attended ALEC meetings. He suggested that more legislators be allowed to attend NCSL and CSG meetings rather than expanding legislative attendance at meetings of other organizations. Chair McNenny interjected that he has also attended ALEC meetings, and the meetings were very good. He suggested paying registration fees for ten legislators to attend the annual ALEC meeting. Senator Shoener concurred with this suggestion.
SENATOR SHOENER MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, THAT THE EXECUTIVE BOARD CONTINUE THE POLICY OF PAYING REGISTRATION FEES FOR LEGISLATORS TO ATTEND THE AMERICAN LEGISLATIVE EXCHANGE COUNCIL ANNUAL MEETING.
SENATOR HALVERSON MOVED, SECONDED BY SENATOR BROWN, TO AMEND THE MOTION AS FOLLOWS: THAT THE EXECUTIVE BOARD AUTHORIZE THE PAYMENT OF REGISTRATION FEES FOR TEN LEGISLATORS TO ATTEND THE AMERICAN LEGISLATIVE EXCHANGE COUNCIL 1999 ANNUAL MEETING.
Senator Duxbury asked who would determine which legislators would be authorized to attend the ALEC meeting. Senator Halverson stated his opinion that Representative Fiegen, as state chair of ALEC, should decide which legislators attend the meeting. Senator Lange expressed concern that paying registration to attend ALEC meetings could expand into paying for attendance at the meetings of other ideological groups such as the American Civil Liberties Union. Representative Hunt stated his opinion that the Board is always open to requests from legislators to attend various meetings. Representative Fischer-Clemens asked how information on NCSL offerings is distributed to legislators. Mr. Anderson explained that NCSL and CSG often receive federal grants to conduct certain programs; in these cases, the presiding officers of the House and Senate are asked to designate legislators who are interested in attending such meetings. Representative Hunt stated that he made a concerted effort to recruit House members to attend the expense-paid meeting dealing with health care issues but there was no interest among the membership.
SENATOR HALVERSON’S AMENDATORY MOTION PREVAILED ON A VOICE VOTE.
SENATOR SHOENER’S MOTION AS AMENDED PREVAILED ON A VOICE VOTE.
The Director then distributed the following documents to Board members: A roster of Executive Board subcommittees (Document #7); a history of the State Investment Officer’s salary and bonus (Document #8); and a booklet on Executive Board appointments (Document #9).
Representative Sutton expressed concern that the Board did not receive the Investment Council applications earlier. He suggested moving up the deadline for submitting applications so that applications can be mailed to Board members in advance of the meeting to afford time to review the applications and to check references of applicants. Senator Brown agreed with this suggestion.
REPRESENTATIVE SUTTON MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, THAT THE DEADLINE FOR SUBMITTING APPLICATIONS TO SERVE ON THE STATE INVESTMENT COUNCIL BE AT LEAST ONE WEEK IN ADVANCE OF THE JUNE EXECUTIVE BOARD MEETING; AND THAT COPIES OF THE APPLICATIONS BE SENT TO BOARD MEMBERS PRIOR TO THE EXECUTIVE BOARD MEETING. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
The Executive Board recessed at 10:00 a.m. and reconvened at 10:10 a.m.
Computer Technology Subcommittee and Wireless Technology Report
Senator Halverson, chair of the subcommittee, reported that the group had received a presentation on wireless technology from The Computer Shop of Sturgis, South Dakota. Mr. Frank Scarpelli, The Computer Shop, stated that wireless technology bridges the gap between the local user and the hard-wired system that currently exists. There is minimal intrusion on the building; the technology provides mobile access to users. The wireless system must meet Bureau of Administration (BOA) standards; be a flexible system that can expand and grow; be reliable, with a consistent interface and provide redundancy; provide mobility within the third and fourth floors of the Capitol; provide Local Area Network (LAN)-like performance; and provide ease of maintenance. He noted that the hand-held devices are virtually maintenance free.
Mr. Scarpelli explained that his firm worked with the Bureau of Information & Telecommunications (BIT) and BOA electrical personnel. He referred Board members to the site survey report (Document #10). Maps displaying coverage points for the wireless system were explained, noting that there is overlap in access point coverage. The "Network Diagram for State of South Dakota" lays out the key components of the wireless system. He next explained how the operation of the wireless system compares with the operation of the current hard-wired system. The Citrix MetaFrame Server makes full-blown applications available to any clients at LAN speed.
Mr. Dwayne Israelson, The Computer Shop, explained that the wireless system does not change the information that is available--it changes the way the information is accessed. The system untethers legislators from the docking stations. Access points are designed to handle data traffic. He reiterated that legislators will still have access to current applications--the wireless system does not change the applications; it only changes how a legislator accesses these applications. Notepads, each accompanied by a stylus, were demonstrated. This is one type of device that can be used with the wireless system. Mr. Israelson said that each device has a modem; a memory card would be necessary to save data. The most current legislative data could then be loaded into these devices and taken to cracker barrel sessions, for example. He also explained the security of the system, stating that it is a fairly secure system.
Mr. Scarpelli stated that the hand-held devices become more powerful than workstations when they are used with a wireless system. IPC connection would provide the same interface at the same speed as when one is in the Capitol. If files are saved on a server, then those files would be available via the hand-held device. Upon a query from Representative Diedrich, Mr. Israelson responded that the performance of the hand-held device and the wireless network would be superior to the performance of the laptop computers used last session. Representative Hunt asked how the wireless system is affected by weather, and Mr. Israelson explained that the system can be impacted by humidity. Representative Hunt further asked if crowded hallways would impact the system; Mr. Israelson responded affirmatively but explained that the site survey tried to take such scenarios into consideration. The worst case scenario--high humidity and crowded hallways--could be addressed by adding another access point.
Mr. Anderson explained that once the Board decides on a system, then bids may be secured. The current cost estimate to install a wireless system is about $87,000. Adding docking stations to both chambers is estimated at $50,000 base price plus the wiring of the chambers. Each laptop unit costs approximately $4,000; each hand-held device demonstrated costs $1,300. The wireless system could be in place for the 2000 Legislative Session; the Board would have to make a final decision no later than at its August meeting. The Director explained that the Executive Board has to address the philosophical question of what technological capabilities are provided and to which legislators.
SENATOR HALVERSON MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, THAT THE EXECUTIVE BOARD GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF RECEIVING THE PERSONNEL REPORTS OF THE LEGISLATIVE RESEARCH COUNCIL, THE DEPARTMENT OF LEGISLATIVE AUDIT, AND THE STATE INVESTMENT COUNCIL; AND TO INTERVIEW APPLICANTS FOR APPOINTMENT TO THE STATE INVESTMENT COUNCIL. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
The executive session commenced at 11:05 a.m.
SENATOR DUXBURY MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, TO CONCLUDE THE EXECUTIVE SESSION. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
The executive session concluded at 3:00 p.m.
EXECUTIVE BOARD APPOINTMENTS
Following a secret ballot, SENATOR SHOENER MOVED, SECONDED BY SENATOR HALVERSON, THAT DAVID ANDERSON, LEMMON, SOUTH DAKOTA, BE APPOINTED TO A FIVE-YEAR TERM ON THE SOUTH DAKOTA INVESTMENT COUNCIL, SAID TERM TO COMMENCE JULY 1, 1999, AND EXPIRE ON JUNE 30, 2004.MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
Uniform Laws Commission
SENATOR HALVERSON MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, THAT SCOTT HEIDEPRIEM BE REAPPOINTED TO THE UNIFORM LAWS COMMISSION, SAID TERM TO BE FOR THREE-YEARS AND TO COMMENCE ON AUGUST 1, 1999, AND EXPIRE ON JULY 31, 2002. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
REPRESENTATIVE DUNIPHAN MOVED, SECONDED BY REPRESENTATIVE HUNT, THAT MICHAEL DE MERSSEMAN BE REAPPOINTED TO THE SOUTH DAKOTA CODE COMMISSION, SAID TERM TO BE FOR TWO YEARS AND TO COMMENCE JULY 1, 1999, AND EXPIRE ON JUNE 30, 2001. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
PERSONNEL REPORTS AND ACTIONS
(NOTE: Supporting information for a presentation made by the South Dakota Investment Council is on file with the Master Minutes as Document #11.)
SENATOR SHOENER MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, THAT THE EXECUTIVE BOARD SET THE SALARY OF THE SOUTH DAKOTA INVESTMENT OFFICER AT $214,800 FOR FY 2000. MOTION PREVAILED ON A VOICE VOTE.
REPRESENTATIVE HUNT MOVED, SECONDED BY SENATOR HALVERSON, THAT THE EXECUTIVE BOARD APPROVE A 3% COST-OF-LIVING INCREASE FOR THE AUDITOR GENERAL AND FOR THE DEPARTMENT OF LEGISLATIVE AUDIT EMPLOYEES FOR FY 2000; AND THAT THE ADDITIONAL SALARY ADJUSTMENTS FOR FY 2000 RECOMMENDED BY THE AUDITOR GENERAL BE APPROVED. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
(NOTE: Senator Brown assumed the Chair.)
(LEGISLATIVE RESEARCH COUNCIL)
REPRESENTATIVE MC NENNY MOVED, SECONDED BY REPRESENTATIVE HUNT, THAT THE EXECUTIVE BOARD APPROVE A 3% COST-OF-LIVING INCREASE FOR THE LRC DIRECTOR AND FOR THE EMPLOYEES OF THE LEGISLATIVE RESEARCH COUNCIL FOR FY 2000; AND THAT THE ADDITIONAL SALARY ADJUSTMENTS RECOMMENDED BY THE LRC DIRECTOR FOR FY 2000 BE APPROVED. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
REPRESENTATIVE MC NENNY MOVED, SECONDED BY SENATOR HALVERSON, THAT THE EXECUTIVE BOARD APPROVE THE RECLASSIFICATION OF CLARE CHOLIK TO SENIOR RESEARCH ANALYST. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
REPRESENTATIVE MC NENNY MOVED, SECONDED BY SENATOR BROSZ, THAT THE EXECUTIVE BOARD APPROVE THE RECOMMENDED CHANGES IN THE JOB DESCRIPTION FOR THE LEGISLATIVE RESEARCH COUNCIL CLASS TITLE: COMPUTER COORDINATOR/PROGRAMMER. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
SENATOR HALVERSON MOVED, SECONDED BY REPRESENTATIVE MC NENNY, THAT THE EXECUTIVE BOARD APPROVE A 3% COST-OF-LIVING INCREASE FOR THE CODE COUNSEL AND AN ADDITIONAL SALARY ADJUSTMENT OF $3,800 IN FY 2000.
Discussion ensued on the motion. Senator Brosz asked if the Director could foresee having the code counsel functions divided among two employees, as it had been prior to Mr. Decker’s hiring. Mr. Anderson responded that he could not foresee reverting to having the code counsel functions divided between two employees. Upon further inquiry by Representative Smidt, Mr. Anderson explained that the FTE for the additional employee remains in the LRC budget. He stated that retaining some unfilled FTEs affords the Board more flexibility in managing its employees and workload.
SENATOR HALVERSON’S MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
(NOTE: Representative McNenny resumed the Chair.)
Executive Board/Leadership Retreat
Representative Fischer-Clemens stated that she had a scheduling conflict with the proposed dates.
SENATOR DUXBURY MOVED, SECONDED BY REPRESENTATIVE SMIDT, THAT THE EXECUTIVE BOARD/LEADERSHIP RETREAT BE SCHEDULED FOR OCTOBER 5-7, 1999, CONTINGENT UPON THE AVAILABILITY OF BLUE BELL LODGE. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
(The Blue Bell Lodge is available, and the dates have been adjusted.)
Four-State Legislative Conference
Mr. Fred Baatz, LRC Senior Research Analyst and Staff Co-Chair of the event, distributed a proposed conference agenda (Document #12). He explained that approximately 150-200 people are expected to attend the event. He noted that US West will provide a computer lab and Internet training. Mr. Baatz briefly explained the social program for the conference.
Mr. Tom Magedanz, LRC Principal Research Analyst and Staff Co-Chair, addressed the various program topics. Senator Brosz referenced previous discussion about including the topic of a state bank on the program. Senator Halverson explained that representatives from the other member states were not interested in this topic; therefore, it was not pursued.
Computer Technology Subcommittee and Wireless Technology Report
Discussion was held on the morning’s presentation on wireless technology for the House and Senate Chambers, certain areas on the third and fourth floors of the Capitol, and the Visitor Center. Senator Halverson suggested that the Board defer action until its August meeting. Representative Diedrich asked for a report on other states that are using wireless technology. The Director reiterated the fundamental question that must first be addressed: Should legislators have laptop computers or hand-held units? The Board needs to decide this issue. The current laptop units can work with a wireless system; the wireless system can use both laptop units and hand-held units. The Board must determine the minimum technology that the state should provide to a legislator to enable the legislator to do his job.
Senator Daugaard felt it was important to determine how many legislators have their own laptop computers and would like to use those units during session. Representative Smidt suggested that the Computer Technology Subcommittee formulate a draft proposal for the full Board’s consideration. Representative Hunt felt that legislators should have the option of using a laptop unit or a hand-held unit. He also felt that the concept of a computer allowance for legislators should be explored. Mr. Anderson commented that the "mix-and-match" concept definitely has merit, but the LRC would have to set the standards for all equipment in order to make any wireless system work. Representative Sutton stressed the need to work the current laptop units into a wireless system. He encouraged the Board to look at a wireless system which can utilize the current Gateway laptop computers.
Representative Hunt asked if staff was exploring software that would allow legislators to electronically make notes on bill drafts. Mr. Anderson reported that LRC staffer Scott Darnall is rewriting the LawMaker™ software. Once this project is completed, then this enhancement can be explored.
Representative Duniphan requested that legislators and interested parties be reminded that all LRC agendas and minutes are available on the Internet. The Director explained that the LRC currently offers individuals the option to receive paper copies of agendas and minutes or to receive e-mail notification that these documents are available at the LRC website. The electronic notification provides a URL address which takes the subscriber directly to the document on the Internet. He also stated that the next issue of the LRC Update will include information on the LRC Internet offerings.
Next Meeting Date
The next Executive Board meeting is scheduled for Tuesday, August 10.
REPRESENTATIVE SMIDT MOVED, SECONDED BY REPRESENTATIVE DUNIPHAN, THAT THE EXECUTIVE BOARD ADJOURN. MOTION PREVAILED UNANIMOUSLY ON A VOICE VOTE.
The Executive Board adjourned at 3:55 p.m.
These minutes and all LRC interim committee minutes are available on the LRC section of the South Dakota Homepage (legis.state.sd.us.