2008 Legislative Session _ 2008

Committee: Senate Local Government
Monday, January 28, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Hauge
P    Gant, Vice-Chair
P    Katus
P    Kloucek
P    Schmidt (Dennis)
P    Two Bulls
P    Albers, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Albers.

         SB 98: regulate establishments in the business of providing obscene material.

Presented by:    Senator Sandy Jerstad

MOTION:     AMEND SB 98

98ja

On page 1 of the printed bill, delete line 6, and insert "An adult oriented business is any adult arcade, adult live entertainment business, adult theater, or other business which exists solely to sell sexually explicit or sexually provocative acts or items. No adult oriented business may sell sexually explicit or sexually provocative acts or items".

On page 1, line 7, delete "establishment" and insert "business".

On page 1, line 8, delete "establishment" and insert "adult oriented business".

On page 1, line 10, delete "establishment" and insert "adult oriented business".



On page 1, line 11, after "issuance" insert "and annually thereafter".

On page 1, line 14, before "The" insert "The Department of Health shall establish sanitation standards for adult oriented businesses by rules promulgated pursuant to chapter 1-26.".

On page 1, line 14, delete "a commercial establishment" and insert "any adult oriented business".

On page 1, line 15, after "Act" insert "based upon the standards established by the rules".

On page 1, line 15, delete "establishment" and insert "business".

On page 2, line 5, delete "one thousand" and insert "five hundred".

On page 2, line 8, delete "two hundred".

On page 2, delete line 15, and insert "No adult oriented business may be".

On page 2, line 16, delete "establishment" and insert "business".

On page 2, line 17, delete "establishment" and insert "adult oriented business".

On page 2, line 18, delete "establishment" and insert "business".


Moved by:    Kloucek
Second by:    Two Bulls
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 98 AS AMENDED

Moved by:    Two Bulls
Second by:    Kloucek
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 98 TO THE 36TH LEGISLATIVE DAY

Moved by:    Gant
Second by:    Hauge
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Hauge, Gant, Schmidt (Dennis), Albers


Voting No:    Katus, Kloucek, Two Bulls

        
SB 78: permit voters to register on election day at the polling place.

Presented by:    Senator Sandy Jerstad
Opponents:    Chris Nelson, Secretary of State
        Eric Erickson, SD Assn. Of County Officials

MOTION:     AMEND SB 78

78ta
     On page 1 of the printed bill, delete lines 12 to 15, inclusive, and insert:

"      Section 2. Any voter registration application submitted by a voter who voted a provisional ballot shall be forwarded to the county auditor by the day following the election. No later than the second day following the election, such registration application shall be reviewed by the auditor for eligibility and completeness. If the applicant is not eligible to be registered or sufficient information to complete the card cannot be obtained from the applicant, the applicant shall be sent an acknowledgment notice indicating why the registration was not filed.

     If the applicant is eligible to be registered and all required information is included on the voter registration application, the county auditor shall enter the registration in the master registration file. The county auditor shall transmit each registration to the secretary of state by no later than the second day following the election.

     The authenticity of the driver license number shall be verified with the driver license database. If the person has provided the last four digits of his or her social security number, the social security database shall be checked to determine that the number, name, and date of birth are accurate and that this information does belong to the person. If any of this information is reported as not being accurate, or if the checks indicate that the person is a convicted felon or that the person in whose name the application is made is no longer living, the county auditor shall withdraw the voter registration and attempt to get the correct information with the process provided in §  12-4-5.3. In this case the provisional ballot may not be counted and the voter shall be sent the notice specified in §  12-20-13.4.

     If the information is accurate and the voter registration is entered into the statewide voter file, the provisional ballot shall be counted as provided in chapter 12-20, and the voter shall be sent the acknowledgment card specified in §  12-4-5.3.".

     On page 2, delete lines 1 to 18, inclusive.

Moved by:    Kloucek
Second by:    Katus
Action:    Prevailed by roll call vote. (7-0-0-0)

Voting Yes:    Hauge, Gant, Katus, Kloucek, Schmidt (Dennis), Two Bulls, Albers

MOTION:     DO PASS SB 78 AS AMENDED

Moved by:    Katus
Second by:    Kloucek
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 78 TO THE 36TH LEGISLATIVE DAY

Moved by:    Hauge
Second by:    Gant
Action:    Prevailed by roll call vote. (4-3-0-0)

Voting Yes:    Hauge, Gant, Schmidt (Dennis), Albers

Voting No:    Katus, Kloucek, Two Bulls

        
SB 95: increase certain fees collected by sheriffs for collecting delinquent property taxes.

Presented by:    Senator Julie Bartling
Proponents:    Dick Tieszen, SD Sheriffs

MOTION:     AMEND SB 95

95ja

On page 1, line 12, of the printed bill, overstrike everything after "." .

On page 1, overstrike lines 13 and 14.


Moved by:    Gant
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 95 AS AMENDED



Moved by:    Gant
Second by:    Hauge
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    Hauge, Gant, Schmidt (Dennis), Two Bulls, Albers

Excused:    Katus, Kloucek

MOTION:     AMEND TITLE OF SB 95

95jta

     On page 1, line 2, of the printed bill, delete "property".


Moved by:    Gant
Second by:    Schmidt (Dennis)
Action:    Prevailed by voice vote.

        
SB 82: revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

Presented by:    Senator Julie Bartling
Proponents:    Lorin Pankratz, SD County Commissioners

MOTION:     DO PASS SB 82

Moved by:    Two Bulls
Second by:    Kloucek
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    Hauge, Gant, Kloucek, Schmidt (Dennis), Two Bulls, Albers

Excused:    Katus

        
SB 199: revise certain provisions concerning public meetings.

Presented by:    Senator Tom Hansen
Proponents:    Representative Valentine Rausch
        Gail Brock, SD Assn. Of Towns & Townships
        Bob Wilcox, SD Assoc. Of County Commissioners
        Jay Gilbertson, East Dakota Water District


Opponents:    David Bordewyk, SD Newspaper Assn.

MOTION:     DO PASS SB 199

Moved by:    Gant
Second by:    Hauge
Action:    Prevailed by roll call vote. (5-1-1-0)

Voting Yes:    Hauge, Gant, Schmidt (Dennis), Two Bulls, Albers

Voting No:    Kloucek

Excused:    Katus

        
SB 163: revise certain provisions related to the initiation of modifications to county comprehensive plans.

Presented by:    Senator Dan Sutton
Proponents:    Sylvia Christen, Dakota Rural Action

MOTION:     DO PASS SB 163

Moved by:    Kloucek
Second by:    Katus
Action:    Was not acted on.

MOTION:     AMEND SB 163

163ta

     On page 1, line 11, of the printed bill, delete " registered to vote ".


Moved by:    Gant
Second by:    Hauge
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 163 AS AMENDED

Moved by:    Kloucek
Second by:    Katus
Action:    Prevailed by roll call vote. (7-0-0-0)



Voting Yes:    Hauge, Gant, Katus, Kloucek, Schmidt (Dennis), Two Bulls, Albers

MOTION:     ADJOURN

Moved by:    Kloucek
Second by:    Hauge
Action:    Prevailed by voice vote.

Jeanette Black

____________________________

Committee Secretary
Kenneth Albers, Chair


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