88th Legislative Session _ 2013

Committee: Senate State Affairs
Wednesday, February 06, 2013

                        
                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Rhoden, Chair
P    Olson (Russell), Vice-Chair
P    Johnston
P    Tieszen
P    Lederman
P    Rave
P    Brown
P    Lucas
P    Frerichs

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Larry Rhoden.

MOTION:    TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 4, 2013

Moved by:    Frerichs
Second by:    Olson (Russell)
Action:    Prevailed by voice vote.


The reappointment of J. J. Mertens, Lyman County, Kennebec, South Dakota to the South Dakota Building Authority was up for consideration. Representative James Schaefer, Don Templeton, Executive Director of the SD Building Authority, and Ken Tracy, Mayor, City of Mitchell, spoke in support of the reappointment.

MOTION:    CONFIRM REAPPOINTMENT OF D. J. MERTENS OF LYMAN COUNTY, KENNEBEC, SOUTH DAKOTA, TO THE SOUTH DAKOTA BUILDING AUTHORITY

Moved by:    Brown
Second by:    Rave


Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Lucas, Frerichs

MOTION:    PLACE ON CONSENT CALENDAR

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


The appointment of Craig D. Johnson, Pennington County, Rapid City, South Dakota to the position of Assistant Adjutant General, Army was up for consideration. Craig Johnson and Steve Harding, Deputy Secretary, Department of the Military spoke in support of the appointment.

MOTION:    CONFIRM APPOINTMENT OF CRAIG D. JOHNSON OF PENNINGTON COUNTY, RAPID CITY, SOUTH DAKOTA, TO THE POSITION OF ASSISTANT ADJUTANT GENERAL, ARMY

Moved by:    Rave
Second by:    Lucas
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Lucas, Frerichs

MOTION:    PLACE ON CONSENT CALENDAR

Moved by:    Olson (Russell)
Second by:    Johnston
Action:    Prevailed by voice vote.

        SB 198: revise the membership of the Judicial Qualifications Commission.

Presented by:    Senator Corey Brown

MOTION:    AMEND SB 198

198sa

    On page 1 of the printed bill, delete lines 8 to 15, inclusive, and insert:

"
            (2)    Three members of the bar practicing law in this state, no more than two of whom may be of the same political party, appointed by the president a majority vote of the state bar commissioners; and

            (3)    Two citizens who are not judges, retired judges or members of the state bar, and not of the same political party, appointed by the Governor; and

            (4)    Two members, one of whom shall be appointed by the president pro tempore of the Senate, and one of whom shall be appointed by the speaker of the ".

    On page 2, line 2, delete "members of" and insert "appointed by".


Moved by:    Olson (Russell)
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    AMEND SB 198
198oa

    On page 1, line 6, of the printed bill, overstrike "seven" and insert "nine".


Moved by:    Olson (Russell)
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 198 AS AMENDED

Moved by:    Olson (Russell)
Second by:    Rave
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Lucas, Frerichs


The Chair, Senator Larry Rhoden, passed the gavel to Russell Olson, Vice Chair.

        SB 166: revise the number of years that permits to carry a concealed weapon are valid.



Presented by:    Senator Larry Rhoden
Proponents:    Staci Eggert, SD Sheriff's Association
        Jenna Howell, Department of Public Safety
        Jason Gant, Office of the Secretary of State

MOTION:    DO PASS SB 166

Moved by:    Rave
Second by:    Brown
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Lucas, Frerichs

        SB 207: make certain legislative findings concerning federal infringement on Second Amendment rights.

Presented by:    Senator Larry Rhoden
Proponents:    Marty Jackley, Office of the Attorney General
        Dick Tieszen, SD Sheriffs Association

MOTION:    DO PASS SB 207

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

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Lederman, Rave, Brown, Frerichs

Voting No:    Lucas


Vice Chair, Senator Russell Olson passed the gavel back to the Chair, Senator Larry Rhoden.

        SJR 1: Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to legislative terms and legislative term limits.

Presented by:    Senator Al Novstrup

MOTION:    DO PASS SJR 1

Moved by:    Johnston
Second by:    Lederman
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Olson (Russell), Johnston, Tieszen, Lederman, Rave, Frerichs

Voting No:    Rhoden, Brown, Lucas

        SJR 4: Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, concerning term limits for legislators.

Presented by:    Senator Bill Van Gerpen

MOTION:    DO PASS SJR 4

Moved by:    Lederman
Second by:    Rave
Action:    Was not acted on.

MOTION:    DEFER SJR 4 TO THE 41ST LEGISLATIVE DAY

Moved by:    Brown
Second by:    Johnston
Action:    Prevailed by roll call vote. (7-1-1-0)

Voting Yes:    Rhoden, Olson (Russell), Johnston, Tieszen, Rave, Brown, Lucas

Voting No:    Lederman

Excused:    Frerichs

        SJR 3: Proposing a constitutional amendment to provide that the fundamental right of state citizens to bear arms cannot be infringed and is subject to strict scrutiny.

Presented by:    Senator Phil Jensen
Proponents:    Representative Blaine Campbell

MOTION:    DEFER SJR 3 TO THE 41ST LEGISLATIVE DAY

Moved by:    Johnston
Second by:    Rave
Action:    Prevailed by roll call vote. (7-1-1-0)

Voting Yes:    Rhoden, Johnston, Tieszen, Lederman, Rave, Brown, Lucas

Voting No:    Olson (Russell)

Excused:    Frerichs

MOTION:    ADJOURN

Moved by:    Brown
Second by:    Olson (Russell)
Action:    Prevailed by voice vote.

Jill Wellhouse

____________________________

Committee Secretary
Larry Rhoden, Chair


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