86
th Legislative Session _ 2011
Committee: House State Affairs
Monday, February 07, 2011
P - Present
E - Excused
A - Absent
Roll Call
P Lust, Chair
P Cronin, Vice-Chair
P Rausch
P Gosch
P Abdallah
P Moser
P Hoffman
P Turbiville
P Hunhoff (Bernie)
P Gibson
P Fargen
P Blake
P Wick
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Representative Lust, Chair.
MOTION: TO APPROVE THE MINUTES OF FEBRUARY 2, 2011.
Moved by: Gibson
Second by: Turbiville
Action: Prevailed by voice vote.
HB 1094: revise certain provisions concerning the filing of campaign finance
disclosure statements.
Proponents: Representative Scott Munsterman
Aaron Lorenzen, Secretary of State
MOTION: AMEND HB 1094
1094fa
On page 2 of the printed bill, delete line 12, and insert "(3) A legislative or county candidate
campaign committee without opposition in a primary election, prior to".
On page 2, remove the overstrikes from lines 13 and 14.
On page 2, line 16, delete "(5)(4)" and insert "(5)".
On page 2, line 18, delete "(6)(5)" and insert "(6)".
Moved by: Rausch
Second by: Gosch
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1094 AS AMENDED
Moved by: Turbiville
Second by: Gosch
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Moser, Hoffman, Turbiville, Hunhoff
(Bernie), Gibson, Fargen, Blake
HB 1108: revise certain provisions with regard to the rights of industrial and
construction equipment dealers.
Proponents: Representative Gene Abdallah
Lorin Pankratz: Diesel Machinery, Inc.; Ditch Witch of SD; Sheehan Machinery
And Sales; and Bierschbach Equip & Supply Co. Inc
Dan Healy, Diesel Machinery, Inc.
Pat Healy, Diesel, Machinery, Inc.
Myron Rau, SD Auto Dealer's Association
Erik Matzen, Sheehan Machinery, Sioux Falls
Opponents: Jim Roberts, Butler Machinery Co.
Rick Mallo, Titan Machinery
Brett Koenecke, Assoc. of Equipment Manufacturers (Handouts 1 and 2)
David Owen, SD Chamber of Commerce & Industry
Kitty Kinsman, Caterpillar, Inc. (Handouts 3 and 4)
MOTION: DO PASS HB 1108
Moved by: Hunhoff (Bernie)
Second by: Wick
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Moser, Hoffman, Turbiville, Gibson,
Fargen, Blake, Hunhoff (Bernie)
HB 1148: revise the minimum wage law for certain seasonal employees.
Proponents: Representative Mike Verchio
Shawn Lyons, SD Retailers Association
James Marsh, Department of Labor
MOTION: AMEND HB 1148
1148oa
On page 2, after line 20 of the printed bill, insert:
" Section 3. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.".
Moved by: Hunhoff (Bernie)
Second by: Turbiville
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1148 AS AMENDED
Moved by: Hoffman
Second by: Moser
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Moser, Hoffman, Turbiville, Hunhoff
(Bernie), Gibson, Fargen, Blake
MOTION: AMEND TITLE OF HB 1148
1148ota
On page 1, line 2, of the printed bill, after "employees" insert "and to declare an emergency".
Moved by: Rausch
Second by: Gosch
Action: Prevailed by voice vote.
HB 1162: authorize the secretary of state to allow a person in charge of election to
use the state system.
Proponents: Representative Stace Nelson
Aaron Lorenzen, Secretary of State
MOTION: DO PASS HB 1162
Moved by: Wick
Second by: Abdallah
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Moser, Hoffman, Turbiville, Hunhoff
(Bernie), Gibson, Fargen, Blake
MOTION: PLACE HB 1162 ON CONSENT CALENDAR
Moved by: Cronin
Second by: Rausch
Action: Prevailed by voice vote.
HB 1177: revise certain provisions regarding the use of eminent domain.
Presented by: Representative Mike Verchio
MOTION: TO TABLE HB 1177
Moved by: Cronin
Second by: Fargen
Action: Prevailed by roll call vote. (13-0-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Moser, Hoffman, Turbiville, Hunhoff
(Bernie), Gibson, Fargen, Blake
HB 1166: restrict, under certain circumstances, the transfer of certain land parcels by
the federal government.
Proponents: Representative Lora Hubbel
Opponents: Edward Raventon, Sierra Club
Chris Hesla, SD Wildlife Federation
Paul Lepisto, self, Pierre
Angela Ehlers, self, Presho
MOTION: DEFER HB 1166 TO THE 41
ST LEGISLATIVE DAY
Moved by: Turbiville
Second by: Gibson
Action: Prevailed by roll call vote. (12-1-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Hoffman, Turbiville, Hunhoff
(Bernie), Gibson, Fargen, Blake
Voting No: Moser
HB 1222: temporarily increase the state sales and use tax to fund education and other
budget needs and to declare an emergency.
Proponents: Representative Thomas Brunner
Sandra Waltman, SD Education Association
John Pedersen, School Administrator of South Dakota
Charlie Flowers, SD Coalition of Schools
Bill Engberg, Associated School Boards of SD
Dianna Miller, Large School Group
Opponents: Jim Terwilliger, Bureau of Finance and Management
Zach Lautenschlager, SD Tea Party Alliance
Rip Ryness, SD Campaign for Liberty
MOTION: DEFER HB 1222 TO THE 41
ST LEGISLATIVE DAY
Moved by: Hoffman
Second by: Gosch
Action: Prevailed by roll call vote. (10-3-0-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Abdallah, Moser, Hoffman, Fargen, Blake
Voting No: Turbiville, Hunhoff (Bernie), Gibson
HB 1173: administer, conduct, and provide for fair elections.
Proponents: Representative Burt Tulson
Jason Gant, Secretary of State
MOTION: AMEND HB 1173
1173fa
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. If any political subdivision of the state sets a date and time for conducting a public
election, within fifteen days the person in charge of an election shall notify the secretary of state."
Moved by: Gosch
Second by: Hoffman
Action: Prevailed by voice vote.
MOTION: DO PASS HB 1173 AS AMENDED
Moved by: Gosch
Second by: Cronin
Action: Prevailed by roll call vote. (12-0-1-0)
Voting Yes: Lust, Cronin, Rausch, Gosch, Wick, Moser, Hoffman, Turbiville, Hunhoff (Bernie),
Gibson, Fargen, Blake
Excused: Abdallah
MOTION: AMEND TITLE OF HB 1173
1173ftb
On page 1, line 1, of the printed, delete everything after "Act to" and insert "require the person
in charge of local elections to notify the secretary of state when the dates of elections have been set.".
Moved by: Gosch
Second by: Gibson
Action: Prevailed by voice vote.
HJR 1003: The Chair deferred HJR 1003 until Wednesday, February 9.
MOTION: ADJOURN
Moved by: Rausch
Second by: Gosch
Action: Prevailed by voice vote.
Grace Curtis
____________________________
Committee Secretary
David Lust, Chair
../02070745.HST
Page 1