88
th 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 41
ST 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 41
ST 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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