86
th Legislative Session _ 2011
Committee: Senate State Affairs
Wednesday, January 26, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Adelstein
P Cutler
P Frerichs
P Garnos
P Gray
P Johnston
P Tieszen
P Olson (Russell), Vice-Chair
P Rhoden, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Larry Rhoden, Chair.
MOTION: TO APPROVE THE MINUTES OF MONDAY, JANUARY 24, 2011
Moved by: Adelstein
Second by: Gray
Action: Prevailed by voice vote.
MOTION: CONFIRM REAPPOINTMENT OF GENERAL STEVEN R. DOOHEN OF
PENNINGTON COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE POSITION
OF SECRETARY OF THE DEPARTMENT OF MILITARY & VETERANS
AFFAIRS
Moved by: Adelstein
Second by: Frerichs
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
SB 3: revise certain provisions regarding the use of the state seal.
Presented by: Senator Tim Rave
Proponents: Jason Gant, Secretary of State
MOTION: AMEND SB 3
3oa
On page 1, line 5, of the printed bill, delete "and only by state agencies".
On page 1, line 8, after "writing" insert ". Application for the authorization shall be in writing".
On page 2, line 3, after ";" insert "or".
On page 2, delete line 4.
On page 2, line 5, delete "3" and insert "2".
Moved by: Cutler
Second by: Garnos
Action: Prevailed by voice vote.
MOTION: DO PASS SB 3 AS AMENDED
Moved by: Gray
Second by: Olson (Russell)
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 3 TO THE 41
ST LEGISLATIVE DAY
Moved by: Adelstein
Second by: Frerichs
Action: Failed by voice vote.
MOTION: DO PASS SB 3 AS AMENDED
Moved by: Gray
Second by: Olson (Russell)
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell), Rhoden
Voting No: Adelstein
SB 88: revise certain penalties involving the bribery of a voter.
Presented by: Senator Bob Gray
Proponents: Jason Gant, Secretary of State
Opponents: Senator Angie Buhl
Representative Larry Lucas
Representative Kevin Killer
Representative Bernie Hunhoff
Representative Ed Iron Cloud III
MOTION: AMEND SB 88
88oa
On page 3, after line 5 of the printed bill, insert:
"
Section 3. That chapter 12-26 be amended by adding thereto a NEW SECTION to read as
follows:
It is a Class 6 felony for any candidate, campaign, political party, organization, or person working
or volunteering on behalf of any candidate, campaign, or political party to feed or offer food to a
voter or eligible voter while conducting a meeting, rally, event, or gathering at which same day
voting is directed, urged, or encouraged.".
Moved by: Cutler
Second by: Gray
Action: Prevailed by voice vote.
MOTION: AMEND SB 88
88oc
On page 1, line 4, of the printed bill, delete "Class 6 felony" and insert "Class 1 misdemeanor".
On the previously adopted amendment (88oa), delete "Class 6 felony" and insert "Class 1
misdemeanor"
Moved by: Cutler
Second by: Adelstein
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 88
88od
On page 1, line 4, of the printed bill, delete "Class 6 felony" and insert "Class 1 misdemeanor".
On page 2, line 16, delete "Class 6 felony" and insert "Class 1 misdemeanor".
On the previously adopted amendment (88oa), delete "Class 6 felony" and insert "Class 1
misdemeanor".
Moved by: Cutler
Second by: Adelstein
Action: Prevailed by voice vote.
MOTION: AMEND SB 88
88fa
On page 1, line 8, of the Senate engrossed bill, before "induce such" insert "knowingly and
intentionally".
On page 1, line 8, after "or to" insert "knowingly and intentionally".
On page 1, line 10, before "induce" insert "knowingly and intentionally".
On page 2, line 2, after "order to" insert "knowingly and intentionally".
On page 2, line 5, after "order to" insert "knowingly and intentionally".
On page 3, line 4, after "having" insert "knowingly and intentionally".
Moved by: Adelstein
Second by: Frerichs
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 88
88fc
On page 1, line 8, of the printed bill, before "induce such" insert "intentionally".
On page 1, line 8, after "or to" insert "intentionally".
On page 1, line 10, before "induce" insert "intentionally".
On page 2, line 2, after "order to" insert "intentionally".
On page 2, line 5, after "order to" insert "intentionally".
On page 3, line 4, after "having" insert "intentionally".
Moved by: Frerichs
Second by: Tieszen
Action: Failed by voice vote.
MOTION: AMEND SB 88
88fa
On page 1, line 8, of the Senate engrossed bill, before "induce such" insert "knowingly and
intentionally".
On page 1, line 8, after "or to" insert "knowingly and intentionally".
On page 1, line 10, before "induce" insert "knowingly and intentionally".
On page 2, line 2, after "order to" insert "knowingly and intentionally".
On page 2, line 5, after "order to" insert "knowingly and intentionally".
On page 3, line 4, after "having" insert "knowingly and intentionally".
Moved by: Adelstein
Second by: Frerichs
Action: Failed by voice vote.
MOTION: DO PASS SB 88 AS AMENDED
Moved by: Adelstein
Second by: Cutler
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Adelstein, Cutler, Garnos, Gray, Johnston, Tieszen, Olson (Russell), Rhoden
Voting No: Frerichs
SB 67: reduce the minimum size for improvement districts.
Presented by: Senator Bob Gray (Handout: 1)
Proponents: Todd Meierhenry, SEIL, Sioux Falls
Toby Morris, Northland Securities, Pierre
Yvonne Taylor, SD Municipal League
MOTION: AMEND SB 67
67oa
On page 1, line 6, of the printed bill, delete "three" and insert "one hundred sixty".
On page 1, line 7, delete "hundred twenty".
Moved by: Adelstein
Second by: Frerichs
Action: Was not acted on.
MOTION WITHDRAWN; APPROVED BY SECOND
MOTION: DO PASS SB 67
Moved by: Olson (Russell)
Second by: Gray
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
SB 90: revise certain provisions concerning tax incremental districts.
Presented by: Senator Bob Gray
Proponents: Todd Meierhenry, SEIL, Sioux Falls
Julie Johnson, Absolutely Aberdeen
Yvonne Taylor, SD Municipal League
David Owen, SD Chamber of Commerce & Industry
MOTION: DO PASS SB 90
Moved by: Adelstein
Second by: Johnston
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION AMEND SB 90
90oa
On page 9 of the printed bill, delete lines 17 to 24, inclusive.
Moved by: Gray
Second by: Adelstein
Action: Prevailed by voice vote.
MOTION: DO PASS SB 90 AS AMENDED
Moved by: Adelstein
Second by: Garnos
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Adelstein, Cutler, Frerichs, Garnos, Gray, Johnston, Tieszen, Olson (Russell),
Rhoden
MOTION: PLACE SB 90 ON CONSENT CALENDAR
Moved by: Adelstein
Second by: Olson (Russell)
Action: Failed by voice vote.
SB 107: require the state to provide the public with access to an electronic database
containing certain information on any loans, grants, or tax rebates provided by the
state for the purpose of economic development.
Presented by: Senator Jim Hundstad (Handout: 1)
Proponents: Representative Bernie Hunhoff
David Bordewyk, SD Newspaper Association
Steve Sibson, self, Mitchell
Opponents: Mike Youngberg, GOED, Pierre
MOTION: DO PASS SB 107
Moved by: Frerichs
Second by: Adelstein
Action: Was not acted on.
MOTION: SUBSTITUTE MOTION DEFER SB 107 TO THE 41
ST LEGISLATIVE DAY
Moved by: Olson (Russell)
Second by: Gray
Action: Prevailed by roll call vote. (8-1-0-0)
Voting Yes: Adelstein, Cutler, Garnos, Gray, Johnston, Tieszen, Olson (Russell), Rhoden
Voting No: Frerichs
MOTION: ADJOURN
Moved by: Olson (Russell)
Second by: Tieszen
Action: Prevailed by voice vote.
Cheri Hauschild
____________________________
Committee Secretary
Larry Rhoden, Chair