82nd Legislative Session _ 2007

Committee: Senate State Affairs
Wednesday, February 07, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Hanson (Gary)
P    Heidepriem
P    Knudson
P    McCracken
P    Nesselhuf
P    Olson (Ed)
P    Gray, Vice-Chair
P    Dempster, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Tom Dempster, Chair

MOTION:     TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 5, 2007

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

          SJR 15: Proposing and submitting to the electors at the next general election amendments to Article XI of the Constitution of the State of South Dakota, relating to the vote required to impose or increase taxes.

Presented by:    Senator Jerry Apa (Document #1)
Proponents:    Ronald Olinger, SD Retailers Assn.
Opponents:    Tim Weber, Dept of Revenue and Regulation

MOTION:     AMEND SJR 15

j15oa
     On page 1, line 14 of the printed resolution, delete " two-thirds " and insert " three-fifths ".

Moved by:    Olson (Ed)
Second by:    McCracken
Action:    Prevailed by voice vote.

 MOTION:     DEFER SJR 15 TO THE 41ST LEGISLATIVE DAY

Moved by:    Heidepriem
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

          SJR 13: Proposing and submitting to the electors at the next general election amendments to Article XIII of the Constitution of the State of South Dakota, relating to the use of certain trust funds associated with the sale of the State cement plant and to the authorization of the use of such funds for the construction and maintenance of energy transmission facilities.

Presented by:    Senator Jerry Apa
Proponents:    John Koskan, self, Wood
Opponents:    Jim Terwilliger, Bureau of Finance and Management

MOTION:     DEFER SJR 13 TO THE 41ST LEGISLATIVE DAY

Moved by:    Hanson (Gary)
Second by:    Gray
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Abdallah, Heidepriem, Knudson, McCracken, Nesselhuf, Dempster

Voting No:    Hanson (Gary), Olson (Ed), Gray

         SB 2: establish certain procedures regarding the verification of initiative and referendum signatures.

Presented by:    Senator Gil Koetzle

MOTION:     AMEND SB 2

2oa
     On page 1, line 10 of the printed bill, after " not " insert "substantially".

Moved by:    Knudson
Second by:    Gray
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 2 AS AMENDED

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

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

          SB 3: revise certain provisions relating to the circulation and signing of initiative and referendum petitions and to provide a penalty for violation thereof.

Presented by:    Senator Bob Gray
Proponents:    Tom Barnett, State Bar Association of South Dakota

MOTION:     AMEND SB 3

3oa
     On page 1, line 9 of the printed bill, after " that " insert " the circulator made reasonable inquiry and ".

Moved by:    Gray
Second by:    Knudson
Action:    Prevailed by voice vote.

 MOTION:     DEFER SB 3 TO THE 41ST LEGISLATIVE DAY

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

MOTION:     SUBSTITUTE MOTION DO PASS SB 3 AS AMENDED

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

Voting Yes:    Abdallah, Hanson (Gary), Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Heidepriem, Nesselhuf

          SJR 2: To propose a constitutional amendment to require certain meetings of the Legislature to be open to the public.

Proponents:    David Bordewyk, SD Newspaper Assn.

MOTION:     AMEND SJR 2

j2ob
     On page 1, line 13 of the printed resolution, after " public " insert " unless the business is such as ought to be closed to the public. If the business is such as ought to be closed to the public, a session or meeting may be closed to the public upon a two-thirds vote of the members elect. ".

Moved by:    Olson (Ed)
Second by:    McCracken
Action:    Prevailed by voice vote.

 MOTION:     AMEND THE AMENDMENT

j2oc
     In the previously adopted amendment (j2ob), in the last sentence, after " elect " insert " of the session or the meeting ".

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SJR 2 AS AMENDED

Moved by:    Gray
Second by:    McCracken

Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

          SJR 14: To propose a constitutional amendment to combine the offices of state treasurer and state auditor into the single office of state comptroller.

Presented by:    Senator Frank Kloucek
Opponents:    Mike Mehlhaff, Office of State Treasurer

MOTION:     DEFER SJR 14 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Abdallah, Hanson (Gary), Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Heidepriem, Nesselhuf

         SB 176: establish the South Dakota small business equity infusion subfund and to provide for its funding and disbursement.

Presented by:    Senator Tom Katus
Proponents:    Representative Marc Feinstein
Opponents:    Bill Even, Governor's Office of Economic Development

MOTION:     DO PASS SB 176

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

MOTION:     SUBSTITUTE MOTION DEFER SB 176 TO THE 41ST LEGISLATIVE DAY

Moved by:    Gray
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote.(6-3-0-0)

Voting Yes:    Abdallah, Hanson (Gary), McCracken, Nesselhuf, Gray, Dempster
Voting No:    Heidepriem, Knudson, Olson (Ed)

         SB 1: revise certain provisions regarding the review of initiated measures.

Presented by:    Senator Ed Olson

MOTION:     AMEND SB 1

1oa
     On page 2 of the printed bill, delete lines 2 to 24 , inclusive.

     On page 3 , delete lines 1 and 2 .

Moved by:    Gray
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

 MOTION:     AMEND SB 1

1ob
     On page 1, line 15 of the printed bill, delete everything after the first " proponents " and insert " . ".

     On page 2 , delete line 1 .

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 1 AS AMENDED

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

Voting Yes:    Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

Voting No:    Abdallah, Hanson (Gary)

          SJR 1: To propose a constitutional amendment to revise certain provisions regarding the legislative process.



MOTION:     DEFER SJR 1 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Gray

Voting No:    Olson (Ed), Dempster

MOTION:     ADJOURN

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

Nancy Bloom

____________________________

Committee Secretary                             Thomas A. Dempster, Chair