82nd Legislative Session _ 2007

Committee: House State Affairs
Wednesday, February 28, 2007

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brunner
P    Cutler
P    Deadrick
P    Dykstra, Vice-Chair
P    Faehn
P    Gillespie
P    Hargens
P    Krebs
P    Miles
P    Moore
P    Rave
P    Turbiville
P    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Larry Rhoden

MOTION:     TO APPROVE THE MINUTES OF FEBRUARY 26, 2007

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

          SB 207: increase the minimum wage.

Presented by:    Governor M. Michael Rounds
Proponents:    Ralph Brown, economist, USD
        Dennis Johnson, professor, USD
        Senator Gil Koetzle

        Donna DeKraai, SDEA
        Jane Murphy, SD Advocacy Network for Women
        Mark Anderson, SD State Federation of Labor AFL-CIO
        Travis Benson, Catholic Diocese Of Sioux Falls
        Paul Aylward, SD AFSCME 59 Dakotas Public Employees Union
        Diane Jackson, self, Pierre
        Marilyn Teske, self, Ft. Pierre
        Shawn Lyons, SD Retailers Association
        Margo Northrup, National Federation of Independent Business
Opponents:    Steve Sibson, self, Mitchell

MOTION:     AMEND SB 207

207ta
     On page 2 of the printed bill, delete lines 3 and 4 , and insert:

"      Section 4. The provisions of section 1 of this Act are effective on the date identified in a certification by the secretary of labor filed with the secretary of state and the Legislative Research Council as the effective date of the increase in the federal minimum wage under the federal Fair Labor Standards Act of 1938 or July 1, 2007, whichever is later.

     Section 5. The provisions of section 2 of this Act are effective twelve months after the effective date of section 1 of this Act.

     Section 6. The provisions of section 3 of this Act are effective twenty-four months after the effective date of section 1 of this Act.".


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

 MOTION:     DO PASS SB 207 AS AMENDED

Moved by:    Rave
Second by:    Krebs
Action:    Prevailed by roll call vote.(12-0-1-0)

Voting Yes:    Brunner, Cutler, Deadrick, Faehn, Gillespie, Hargens, Krebs, Miles, Moore, Rave, Turbiville, Rhoden

Excused:    Dykstra


         SB 157: revise the funding for K-12 education and to create a teacher compensation assistance program.

MOTION:     AMEND SB 157

157cn
     On page 3, line 15 of the Senate engrossed bill, after " enrollment " insert " and multiply the product times $4,237.72 ".

     On page 3 , line 18, delete " the per student allocation " and insert " $4,237.72 ".

     On page 3 , delete line 19 .

     On page 3 , delete line 23 , and insert "preceding the year of adjustment or three percent, whichever is less".

     On page 3 , delete line 24 .

     On page 4 , delete line 1 .

     On page 4 , line 2, delete everything before " ; " .

     On page 5 , line 13, delete " ; " .

     On page 5 , delete lines 14 and 15 .

     On page 5 , line 16, delete everything before " . " .

     On page 5 , line 19, delete everything after " . " and insert "The department shall provide four- fifths of the funds for the teacher compensation assistance program to each participating school district.".

     On page 5 , delete lines 20 to 24 , inclusive.

     On page 6 , delete lines 1 to 20 , inclusive.

     On page 7 , line 1, delete " teacher " .

     On page 7 , line 2, delete " compensation assistance program " .

     On page 7 , line 4, delete everything after " Section 6. " and insert "The Teacher Compensation

Assistance Program Oversight Board shall annually monitor the progress of participating school districts with their teacher compensation assistance plans, and submit its findings to the Board of Education.".


     On page 7 , delete lines 5 to 22 , inclusive.

     On page 13 , line 11, delete " seventy-five " and insert " sixty-five ".

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

 MOTION:     DO PASS SB 157 AS AMENDED

Moved by:    Deadrick
Second by:    Rave
Action:    Prevailed by roll call vote.(8-4-1-0)

Voting Yes:    Brunner, Cutler, Deadrick, Faehn, Krebs, Rave, Turbiville, Rhoden

Voting No:    Gillespie, Hargens, Miles, Moore

Excused:    Dykstra

Chair Rhoden passed the gavel to Rep. Thomas Deadrick.

         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.

MOTION:     AMEND SB 105

105oa
     On the printed bill, delete everything after the enacting clause and insert:

"      Section 1. That § 10-12-44 be amended to read as follows:

     10-12-44.   The county auditor in each school district shall raise additional revenue, for the general fund and special education funds, from property taxes to compensate for tax abatement, tax increment financing district, or discretionary formula as follows:


             (1)      For tax incremental districts created pursuant to chapter 11-9 and formed after December 31, 1994, the county auditor shall levy an additional tax levy for an amount not to exceed an amount equal to the sum of the levies in §§ 10-12-42 and 13-37-16 times the tax increment valuation as defined in § 11-9-1;
             (2)      For property subject to § 10-6-35.2, 10-6-35.12, 10-6-35.24, 10-6-35.25, 10-6-54, 10-6- 55, or 10-6-67 the county auditor shall levy an additional tax levy for an amount not to exceed the amount of taxes that were not collected due to the reduction in valuation based on the maximum levies pursuant to §§ 10-12-42 and 13-37-16;
             (3)      For abated taxes the county auditor shall levy an additional tax levy for an amount not to exceed the amount of the school district's portion of the taxes that were abated pursuant to chapter 10-18 during the previous tax year ;
             (4)    For settlement of taxes and valuation due to court action after local effort of the school district had already been calculated by the state .

     The levies in this section are not subject to the referendum provision of § 10-12-43 and these levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies pursuant to § 10-12-42. "

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

 MOTION:     DO PASS SB 105 AS AMENDED

Moved by:    Moore
Second by:    Cutler
Action:    Prevailed by roll call vote.(10-0-3-0)

Voting Yes:    Brunner, Cutler, Deadrick, Faehn, Gillespie, Krebs, Miles, Moore, Rave, Turbiville

Excused:    Dykstra, Hargens, Rhoden

 MOTION:     TO AMEND TITLE OF SB 105

105ota
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "authorize a county auditor to raise additional revenues for education from property taxes due to the results of certain court actions.".

     On page 1 , delete line 2 and 3 .

Moved by:    Gillespie
Second by:    Cutler
Action:    Prevailed by voice vote.

 MOTION:     PLACE SB 105 ON CONSENT CALENDAR

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

 MOTION:     ADJOURN

Moved by:    Brunner
Second by:    Turbiville
Action:    Prevailed by voice vote.

Jeannette Schipper

____________________________

Committee Secretary
Larry Rhoden, Chair