82nd Legislative Session _ 2007

Committee: Senate State Affairs
Friday, February 09, 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 WEDNESDAY, FEBRUARY 7, 2007

Moved by:    Hanson (Gary)
Second by:    Gray
Action:    Prevailed by voice vote.

         SB 104: define the status of principal in the education enhancement trust fund and the health care trust fund.

Presented by:    Senator Dave Knudson
Proponents:    Jennifer Stalley, American Cancer Society (Document #1)

MOTION:     AMEND SB 104

104ob
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created in the state treasury the education enhancement tobacco tax fund. All moneys in the education enhancement tobacco tax fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations acts for education enhancement programs. Any interest earned shall be credited to the fund.

     Section 2. That chapter 4-5 be amended by adding thereto a NEW SECTION to read as follows:

     There is hereby created in the state treasury the health care tobacco tax fund. All moneys in the health care tobacco tax fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations acts for health care related programs. Any interest earned shall be credited to the fund.

     Section 3. That § 10-50-52 be amended to read as follows:

     10-50-52.   The first thirty million dollars in revenue collected annually pursuant to this chapter shall be deposited in the general fund. All revenue in excess of thirty million dollars collected annually shall be deposited in the tobacco prevention and reduction trust fund. Five million dollars of the revenue deposited annually in the tobacco prevention and reduction trust fund pursuant to this section shall be used to implement the tobacco prevention and reduction program. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the property tax reduction fund. Thirty-three percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the education enhancement trust tobacco tax fund. Thirty-four percent of any revenue deposited in the tobacco prevention and reduction trust fund in excess of five million dollars shall be transferred to the health care trust tobacco tax fund. "


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

MOTION:     DO PASS SB 104 AS AMENDED

Moved by:    Olson (Ed)
Second by:    McCracken
Action:    Prevailed by roll call vote.(5-3-1-0)

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

Voting No:    Hanson (Gary), Heidepriem, Nesselhuf



Excused:    Knudson

MOTION:     TO AMEND TITLE OF SB 104

104ota
     On page 1, line 1 of the printed bill, delete " define the status of principal in " and insert "create and provide for".

     On page 1 , line 2, after " enhancement " delete " trust " and insert "tobacco tax".

     On page 1 , line 2, after " care " delete " trust " and insert " tobacco tax".

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

         SB 105: require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

Presented by:    Senator Dave Knudson
Proponents:    Jennifer Stalley, American Cancer Society

MOTION:     DO PASS SB 105

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

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

Excused:    Knudson

         SB 198: provide for an Open Government Commission.

Presented by:    Senator Jason Gant
Proponents:    Charlie McGuigan, Attorney General's Office
        David Bordewyk, SD Newspaper Association


MOTION:     AMEND SB 198

198ua
     On page 1 of the printed bill, delete lines 5 to 9 , inclusive, and insert "seven members. Three members, no more than two from one political party, shall be state senators selected by the president pro tempore of the Senate. Three members, no more than two from one political party, shall be state representatives selected by the speaker of the House of Representatives. One member shall be from the news media selected by the president pro tempore of the Senate.'".

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

MOTION:     DO PASS SB 198 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 217: revise certain provisions regarding records that are open for inspection.

Presented by:    Senator Nancy Turbak
Proponents:    David Bordewyk, SD Newspaper Association
Opponents:    Neil Fulton, Governor's Office

MOTION:     DO PASS SB 217

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

Voting Yes:    Hanson (Gary), Heidepriem, Nesselhuf

Voting No:    Abdallah, Knudson, McCracken, Olson (Ed), Gray, Dempster

MOTION:     DEFER SB 217 TO THE 41ST LEGISLATIVE DAY

Moved by:    Knudson


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

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

Voting No:    Hanson (Gary), Heidepriem, Nesselhuf

         SB 207: increase the minimum wage.

Presented by:    Governor M. Michael Rounds
Proponents:    Ralph Brown, self, Vermillion
        Dennis Johnson, self, Vermillion
        Senator Gil Koetzle
        Loren Paul, SDEA
        Paul Aylward, SD AFSCME 59 Dakotas Public Employees Union
        Travis Benson, Catholic Diocese of Sioux Falls
        Jane Murphy, SD Advocacy Network for Women
Opponents:    Rick Dockter, self, Pierre
        Shawn Lyons, SD Retailers Association
        Margo Northrup, National Federation of Independent Business

MOTION:     DO PASS SB 207

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

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

Excused:    Hanson (Gary), Olson (Ed)

         SB 110: provide for certain increases in the state minimum wage.

MOTION:     TO TABLE SB 110

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

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


Excused:    Hanson (Gary), Olson (Ed)

MOTION:     ADJOURN

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

Nancy Bloom

____________________________

Committee Secretary                            Thomas A. Dempster, Chair