81st Legislative Session _ 2006

Committee: Senate State Affairs
Monday, February 06, 2006

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    McCracken
P    McNenny
P    Moore
P    Olson (Ed)
P    Schoenbeck
P    Sutton (Dan)
P    Koskan, Vice-Chair
P    Bogue, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Eric Bogue, Chair

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 3, 2006

Moved by:    McCracken
Second by:    Abdallah
Action:    Prevailed by voice vote.

The Chair deferred SB 157 until Wednesday, February 8, 2006.

         SB 131: repeal certain provisions regarding the minimum wage for tipped employees.

Presented by:    Senator Gil Koetzle

MOTION:     DEFER SB 131 TO THE 36TH LEGISLATIVE DAY

Moved by:    Schoenbeck
Second by:    McNenny

Action:    Prevailed by roll call vote.(7-2-0-0)

Voting Yes:    Abdallah, McCracken, McNenny, Olson (Ed), Schoenbeck, Koskan, Bogue

Voting No:    Moore, Sutton (Dan)

         SJR 2: Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the life of an unborn child.

Presented by:    Senator Julie Bartling
Proponents:    Senator Jay Duenwald
        Jamie Johnson, SD Right To Life Committee
Opponents:    Kate Looby, Planned Parenthood, Sioux Falls
        Jennifer Ring, ACLU of The Dakotas
        Stephanie Pochop, self, Gregory
        Jane Murphy, SD Advocacy for Women and SD Coalition Against Domestic Violence & Sexual Assault

Gavel passed to Senator John Koskan, Vice-Chair.

        Gary Snow, Self, Pierre

Gavel passed to Senator Eric Bogue, Chair.

MOTION:     DO PASS SJR 2

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SJR 2 UNTIL WEDNESDAY, FEBRUARY 8, 2006

Moved by:    Moore
Second by:    Schoenbeck
Action:    Prevailed by voice vote.

         SB 167: revise the conditions under which the state may enter into gaming compacts with Indian tribes.

Opponents:    Larry Nelson, SD Great Plains Indian Gaming

        Representative Jim Bradford
        Senator Theresa Two Bulls

MOTION:     DO PASS SB 167

Moved by:    Olson (Ed)
Second by:    Schoenbeck
Action:    Prevailed by roll call vote.(7-2-0-0)

Voting Yes:    Abdallah, McCracken, McNenny, Olson (Ed), Schoenbeck, Koskan, Bogue

Voting No:    Moore, Sutton (Dan)

         SB 188: exempt the purchase of natural gas, propane, and fuel oil from sales and use tax during a certain time period of the year.

Presented by:    Senator Lee Schoenbeck

MOTION:     REMOVE SB 188 FROM THE TABLE

Moved by:    Schoenbeck
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Abdallah, McCracken, McNenny, Moore, Olson (Ed), Schoenbeck, Sutton (Dan), Koskan, Bogue

MOTION:     AMEND SB 188

188oa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. The Legislature of South Dakota finds that the involvement of governmental entities in the sale of goods, commodities, and services is an infringement on the free enterprise system. The Legislature recognizes that the free enterprise system supports and pays for governmental services and competition by governmental entities in some cases is detrimental to the best interests of South Dakota.

     Section 2. No governmental entity, including those adopting home rule pursuant to S.D. Const., Art. IX, §  2 and including the legislative and executive departments may sell goods, commodities, or services to the general public, if those goods, commodities, or services are readily available through a private business or a nongovernmental entity.


     Section 3. The Legislature may by law provide for exceptions to section 2 of this Act in regard to sales of goods, commodities, and services by the State of South Dakota.

     Section 4. The provisions of this Act do not apply to industrial parks or utilities, or to the expansion or creation of infrastructure by a governmental entity for the provision of public services, such as roads, bridges, buildings, water and sewer, and other services not suitable for private enterprise to provide.

     Section 5. If a governmental entity other than the State of South Dakota desires to enter into the sale of goods, commodities, or services that the governmental entity is not presently providing on the effective date of this Act, the governmental entity shall:

             (1)    Propose an ordinance describing the goods, commodities, or services to be provided. The ordinance shall also set forth the costs of such goods, commodities, or services and the source of funds to finance the costs of such goods, commodities, or services;

             (2)    Before adoption of such ordinance the governing body shall hold at least one public hearing. Notice of the time and place of the hearing and a description of the goods, commodities, and services sought to be provided shall be given once at least ten days in advance by publication in an area newspaper of general circulation. Any interested person shall be given a full, fair, and complete opportunity to be heard at the hearing, and the governing body may refuse or adopt the ordinance with or without amendment; and

             (3)    Any ordinance finally adopted by the governing body is subject to referendum. The resolution shall be effective twenty days after the completed publication thereof unless the referendum is invoked. A majority vote of the electorate voting is required to approve the ordinance.

     Section 6. The provisions of this Act shall apply prospectively to the expansion of existing commercial activities or new commercial activities by a governmental entity."

Moved by:    Schoenbeck
Second by:    McCracken
Action:    Prevailed by voice vote.

MOTION:     TO AMEND TITLE OF SB 188

188ota
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "prohibit governmental entities from selling certain goods, commodities, and services to the general public.".
     On page 1 , delete line 2 .

Moved by:    Schoenbeck
Second by:    Koskan
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    McCracken
Second by:    McNenny
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Eric H. Bogue, Chair

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