Senate State Affairs Minutes 02/22/2006 7:45 AM

81^st Legislative Session _ 2006

Committee: Senate State Affairs

Wednesday, February 22, 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 17, 2006

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

MOTION:     CONFIRM APPOINTMENT OF MIKE HELD, BEADLE COUNTY, HURON, SOUTH DAKOTA, TO THE SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY

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

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

Excused:    Abdallah, Schoenbeck

MOTION:     CONFIRM APPOINTMENT OF AUDRY RICKETTS, HUGHES COUNTY, PIERRE, SOUTH DAKOTA, TO THE SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY

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

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

MOTION:     CONFIRM APPOINTMENT OF MIKE ROPP, BROOKINGS COUNTY, BROOKINGS, SOUTH DAKOTA, TO THE SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY

Moved by:    McCracken
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:     CONFIRM APPOINTMENT OF MIKE TRYKOSKI, PENNINGTON COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY

Moved by:    Koskan
Second by:    McCracken
Action:    Prevailed by roll call vote.(8-0-1-0)

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

Excused:    McNenny

MOTION:     CONFIRM APPOINTMENT OF KYLE WHITE, PENNINGTON COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE SOUTH DAKOTA ENERGY INFRASTRUCTURE AUTHORITY

Moved by:    McCracken

Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(8-0-1-0)

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

Excused:    McNenny

         HB 1061: provide for certain audits of associations of school boards.

MOTION:     RECONSIDER HB 1061

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

MOTION:     DO PASS HB 1061

Moved by:    Schoenbeck
Action:    Died for a lack of a second

MOTION:     DO NOT PASS HB 1061

Moved by:    McCracken
Second by:    Moore
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS HB 1061

Moved by:    Abdallah
Second by:    Schoenbeck
Action:    Failed by roll call vote.(3-5-1-0)

Voting Yes:    Abdallah, McNenny, Schoenbeck

Voting No:    McCracken, Moore, Sutton (Dan), Koskan, Bogue

Excused:    Olson (Ed)

MOTION:     DO NOT PASS HB 1061

Moved by:    McCracken
Second by:    Moore
Action:    Prevailed by roll call vote.(6-2-1-0)

Voting Yes:    McCracken, McNenny, Moore, Sutton (Dan), Koskan, Bogue

Voting No:    Abdallah, Schoenbeck

Excused:    Olson (Ed)

         HB 1198: require inspections of certain facilities by the Department of Health.

MOTION:     DO PASS HB 1198 AS AMENDED

Moved by:    Schoenbeck
Second by:    Sutton (Dan)
Action:    Prevailed by roll call vote.(5-4-0-0)

Voting Yes:    Abdallah, McNenny, Schoenbeck, Sutton (Dan), Koskan

Voting No:    McCracken, Moore, Olson (Ed), Bogue

         HB 1222: require regental institutions to annually report to the Legislature regarding intellectual diversity.

Presented by:    Senator Lee Schoenbeck
Proponents:    Representative Phyllis Heineman

Gavel passed to Senator John Koskan, Vice-Chair.

        Matthew McCaulley, American Council of Trustees and Alumni
Opponents:    Tad Perry, SD Board of Regents (Document 1, 2, 3, and 4)
        Ron Utecht, self, Volga
        Anne Plooster, SDEA
        Jennifer Ring, ACLU of The Dakotas
        Sue Timmons, self, Rapid City
        Micah Peters, self, Rapid City
        Kylene Guse, self, Sioux Falls

MOTION:     AMEND HB 1222

On page 1 of the printed bill, delete lines 11 to 14 , inclusive.

On page 2 , delete lines 1 to 19 , inclusive.

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

MOTION:     DO PASS HB 1222 AS AMENDED

Moved by:    Schoenbeck
Second by:    Bogue
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Abdallah, McCracken, McNenny, Schoenbeck, Koskan, Bogue

Voting No:    Moore, Olson (Ed), Sutton (Dan)

Gavel passed to Senator Eric Bogue, Chair.

         HB 1246: authorize the state to join an interstate compact for the prevention and control of forest fires.

Proponents:    Larry Gabriel, Secretary, Department of Agriculture
        Joe Lowe, State Wildland Fire Coordinator for SD

MOTION:     DO PASS HB 1246

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

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

Excused:    Abdallah, McNenny

         HB 1238: authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, and to declare an emergency.

Presented by:    Tad Perry, SD Board of Regents (Document 5)
Proponents:    Dan Nelson, Sioux Falls Chamber of Commerce

Gavel passed to Senator John Koskan, Vice-Chair.

MOTION:     AMEND HB 1238

On page 1, line 9 of the House engrossed bill, delete " appraised value " and insert "the value at which it was appraised no more than six months prior to the effective date of this Act".

On page 2, line 6 of the House engrossed bill, after " The " insert "Board of Regents may only use the property for the primary purpose of education or research as defined in law. It is the intent of the Board of Regents and the Eighty-first Legislature that the"

On page 2 , line 7, after " not " insert "without express legislative authorization".

On page 2 , line 13, delete " or " .

On page 2 , line 14, after " Act " insert "unless the property is appraised and advertised and offered for sale at public auction. No portion of the property may be sold except at public sale and for an amount less than the appraised value;

(6) Offer courses taught on the property at any rate other than the self-support tuition rate;

(7) Lease for nonagricultural purposes more than ten percent of the surface area of the property to third parties;

(8) Lease to third parties more than ten percent of the useable space within any building constructed with state funds appropriated by the Legislature; or

(9) Permit any free-standing commercial facility to be constructed on the property or any commercial facility to be located within any building constructed with state funds unless the commercial facility is reasonably needed to meet the convenience and needs of the students and instructors using the building.

Section 4. Commencing in 2016 and every ten years thereafter, the provisions of section 3 of this Act shall be reviewed by a special legislative task force consisting of the speaker of the House of Representatives and four other members of the House of Representatives appointed by the speaker of the House of Representatives and the president pro-tempore of the Senate and four other members of the Senate appointed by the president pro-tempore of the Senate. Not all of the members from the House of Representatives or the Senate may be of the same party. The special legislative task force shall review the appropriateness of the provisions of section 3 of this Act and make recommendation to the Legislature regarding any revisions, additions, or deletions to the various conditions contained in section 3 of this Act".

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

MOTION:     DO PASS HB 1238 AS AMENDED

Moved by:    Abdallah
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(8-1-0-0)

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

Voting No:    Moore

         HB 1244: transfer funds from the railroad trust fund, to make an appropriation to construct instructional classrooms, and to declare an emergency.

Presented by:    Tad Perry, SD Board of Regents
Proponents:    Dan Nelson, Sioux Falls Chamber of Commerce

MOTION:     AMEND HB 1244

On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " railroad trust fund established " and insert "property tax reduction fund".

On page 1 , line 5, delete " in § 49-16C-1 " .

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

MOTION:     DO PASS HB 1244 AS AMENDED

Moved by:    Bogue
Second by:    Abdallah
Action:    Prevailed by roll call vote.(8-1-0-0)

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

Voting No:    Moore

Gavel passed to Senator Eric Bogue, Chair.

MOTION: TO AMEND TITLE OF HB 1244

On page 1, line 1 of the House Appropriations Committee engrossed bill, delete " railroad trust " and insert "property tax reduction".

Moved by:    Olson (Ed)
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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