81^st Legislative Session _ 2006

Committee: House State Affairs

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Deadrick
P    Frost
P    Garnos
P    Gillespie
P    Haley
P    Hargens
P    Kraus
P    Michels
P    Miles
P    O'Brien
P    Rave
P    Dykstra, Vice-Chair
P    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chairman Larry Rhoden

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, FEBRUARY 17, 2006

Moved by:    Frost
Second by:    Rave
Action:    Prevailed by voice vote.

         SB 188:  prohibit governmental entities from selling certain goods, commodities, and services to the general public.

Presented by:    Representative Joel Dykstra
Proponents:    Shawn Lyons, SD Retailers Association
        Dave Gerdes, SD Electric Utility Companies

---

        Bob Riter Jr., Nat'l Federation of Independent Business
Opponents:    Yvonne Taylor, SD Municipal League (handout 1)
        David Hewett, SD Assn. Of Healthcare Organizations
        Brent Wilbur, Governor's Office

MOTION:     AMEND SB 188

188fa

     On page 1 of the Senate engrossed bill, delete lines 9 to13, inclusive , and insert:

"

     Section 2. For purposes of this Act, a South Dakota governmental entity includes all municipalities which are required to file an audit with the auditor general, all counties, and the executive branch of the State of South Dakota.

     Section 3. The auditor general shall give notice to all governmental entities and each governmental entity shall give notice to the entity's auditor that the auditor shall include a section in the audit that reports all activities in which the governmental entity sold goods, commodities, or services to the general public that were readily available through a private business or a nongovernmental entity.

     Section 4. The auditor general shall forward the report required by section 3 of this Act to the Government Operations and Audit Committee as the report becomes available. Any person may submit a report, in writing, to the Government Operations and Audit Committee of the Legislature that describes that a governmental entity has conducted activities as outlined in this Act.

     Section 5. The Government Operations and Audit Committee shall annually report its findings made pursuant to this Act to the Legislature.".

     On page 2 , delete lines 1 to 24 , inclusive.

     On page 3 , delete lines 1 to 12 , inclusive.

Moved by:    Dykstra
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 188 AS AMENDED

Moved by:    Frost
Second by:    Kraus

---

Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 188 TO THE 36^TH LEGISLATIVE DAY

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

Voting Yes:    Deadrick, Garnos, Gillespie, Haley, Hargens, Michels, Miles, O'Brien

Voting No:    Frost, Kraus, Rave, Dykstra, Rhoden

         SB 198: repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances, to appropriate funds to increase funding to education and assist sparse school districts, and to increase the distribution from the education enhancement trust fund.

Presented by:    Representative Thomas Deadrick
Proponents:    Senator Dave Knudson
        Dale Bertsch, Governor's Office
        Senator Eric Bogue (handout 2)
        Tom Oster, Avon School District Supt.
        Gwen Biersbach, self, Milbank
        Dianna Miller, ESD + 6 (handout 3)
        Representative Paul Dennert

MOTION:     AMEND SB 198

198ob

     On the Senate engrossed bill, delete everything after the enacting clause and insert:

"      Section 1. There is hereby appropriated from the state general fund the sum of two million eight hundred four thousand four hundred eighty-five dollars ($ 2,804,485 ), or so much thereof as may be necessary, to the Department of Education for distribution on an average daily membership basis for education enrichment outside the state aid to general education foundation formula in chapter 13-13. Local education agencies may use the funds received pursuant to this Act at their discretion.

     Section 2. No moneys appropriated in this Act may be construed as an entitlement or continuing state obligation for education funding.

     Section 3. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

---

     Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2007, shall revert in accordance with §   4-8-21."

Moved by:    Deadrick
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 198 AS AMENDED

Moved by:    Dykstra
Second by:    Rave
Action:    Prevailed by roll call vote.(13-0-0-0)

Voting Yes:    Deadrick, Frost, Garnos, Gillespie, Haley, Hargens, Kraus, Michels, Miles, O'Brien, Rave, Dykstra, Rhoden

MOTION:     TO AMEND TITLE OF SB 198

198otb

     On page 1, line 1 of the Senate engrossed bill, delete everything after " Act to " and insert "appropriate money for nonrecurring education enrichment.".

     On page 1 , delete lines 2 to 4 , inclusive.

Moved by:    Dykstra
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:     ADJOURN

Moved by:    Rave
Second by:    Miles
Action:    Prevailed by voice vote.

Clara Shelbourn

Committee Secretary

---

../02221000.HST