88^th Legislative Session _ 2013

Committee: Senate State Affairs
                
                                            P - Present
                                            E - Excused
                                            A - Absent

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

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Larry Rhoden, Chair.

MOTION:    TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 25, 2013

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

        HB 1056: revise various trust and trust company provisions.

Presented by:    Bret Afdahl, SD Division of Banking
Proponents:    Patrick Goetzinger, Self, Rapid City

MOTION:    DO PASS HB 1056

Moved by:    Tieszen
Second by:    Rave
Action:    Prevailed by roll call vote. (7-0-2-0)

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

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Excused:    Olson (Russell), Frerichs

MOTION:    PLACE HB 1056 ON CONSENT CALENDAR

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

        HB 1061: revise certain provisions related to the regulation of captive insurance companies.

Presented by:    Mallori Barnett, Department of Labor and Regulation
Proponents:    Tom Barnett, State Bar Association of South Dakota
        Matthew McCaulley, SD Trust, Delta Trust, Biltmore Captive Trust.

MOTION:    DO PASS HB 1061

Moved by:    Lederman
Second by:    Olson (Russell)
Action:    Prevailed by roll call vote. (8-0-1-0)

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

Excused:    Frerichs

        HB 1237: revise certain provisions to abortion counseling.

Presented by:    Senator Phyllis Heineman
        Representative Jon Hansen
Proponents:    Brittany Weston, Yankton, SD, self
        Glenn Ridder, MD, Alpha Center, Sioux Falls, SD
        Roger Hunt, Brandon, self
Opponents:    Tiffany Campbell, American Civil Liberties Union of SD
        Representative Karen Soli
        Senator Stanford Adelstein
        Alisha Sedor, NARAL Pro-Choice, SD
        Representative Kathy Tyler
        Karl Kroger, Pierre, self

MOTION:    DO PASS HB 1237

Moved by:    Lederman

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Second by:    Rave
Action:    Prevailed by roll call vote. (6-3-0-0)

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

Voting No:    Lucas, Tieszen, Frerichs

        HB 1098: increase the bonding limit for the four technical institutes.

Presented by:    Representative Mark Mickelson
Proponents:    Jeff Holcomb, Southeast Technical Institute
        Mark Wilson, Western Dakota Tech
        Senator Mark Kirkeby

MOTION:    AMEND HB 1098

1098ca

    On the printed bill, delete everything after the enacting clause and insert:

    "    Section 1. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as follows:

    Beginning July 1, 2013, any bonds, notes or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Education under the authority of chapter 13-39 may only be issued if the Board of Education determines, by the adoption of a resolution, that the estimated receipts, rentals, and other payments, including appropriations by the Legislature, student fee payments, or other balances or revenues pledged under the applicable bond indenture or similar agreement will not be less than one hundred three percent of the projected scheduled payments of principal and interest on all outstanding bonds which, for purposes of that determination shall include the proposed bonds to be issued and shall exclude any bonds to be refunded. In issuing additional bonds, the authority may conclusively rely upon the determination of the board.

    Section 2. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as follows:

    The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing a methodology for forecasting anticipated contributions from student tuition and fees and additional state appropriations available pursuant to a lease purchase agreement to meet the projected scheduled payments of principal and interest on all outstanding bonds and other

benchmarks.

    Section 3. That chapter 1-16A be amended by adding thereto a NEW SECTION to read as follows:

    Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other obligations shall be approved by the Legislature before issuance. This requirement, however, does not apply to the issuance of bonds for the purposes of refinancing or refunding existing bonds, notes, or other obligations.

    Section 4. The issuance by the Health and Educational Facilities Authority of additional bonds, notes, or other obligations in a principal amount not to exceed eighteen million five hundred thousand dollars for a lease purchase agreement with the Western Dakota Technical Institute to finance the acquisition, construction, and other costs associated with technical lab space and classrooms for various programs, including diesel technician and technology, agriculture science, construction technology, fire science, paramedic and emergency medical technicians, and to remodel the South Mickelson building is hereby authorized and approved.

    Section 5. The issuance by the Health and Educational Facilities Authority of additional bonds, notes, or other obligations in a principal amount not to exceed twenty million dollars for a lease purchase agreement with the Southeast Technical Institute to finance the acquisition, construction, and other costs associated with a transportation technology center to house various technical programs, including diesel, auto, and auto body collision programs and other facility improvements necessary for other programs is hereby authorized and approved.

    Section 6. Beginning in fiscal year 2015, payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Education under the authority of chapter 13-39 shall be paid in part from an appropriation to be made by the Legislature in an amount that is equal to or greater than fifty percent of the technical institute facility fee that is administered by the Department of Education.

    Section 7. That § 1-16A-77 be repealed.

    1-16A-77. The aggregate outstanding principal amount of bonds, notes, or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with an LEA or the South Dakota Board of Education under the authority of chapter 13-39, may not exceed one hundred five million dollars for obligations issued by the authority in connection with any lease-purchase agreement with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute or the Mitchell Technical Institute. However, at the option of the authority to be expressed in a resolution or an indenture which authorizes or authorized any refunding bonds, the principal amount of the bonds,

notes, or other obligations which are issued to refund, pay, discharge, or defease any outstanding bonds, notes, or other obligations or which are, as a result of issuance of any such refunding obligations, deemed to be paid, discharged, or defeased by reason of an irrevocable deposit of cash or securities, may be excluded from the total principal amount of obligations of the authority for the purpose of determining compliance with the limitation of this section. "

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

MOTION:    DO PASS HB 1098 AS AMENDED

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

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

MOTION:    AMEND TITLE OF HB 1098

1098cta

    On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "provide for bonding authorization for the postsecondary technical institutes and to authorize bonds for lease purchase agreements with Western Dakota Technical Institute and Southeast Technical Institute.".

    On page 1, delete line 2.

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

        HB 1045: revise certain provisions regarding alternative apportionment methods available for determination of the bank franchise tax.

Presented by:    Andy Gerlach, Department of Revenue
        Curt Everson, SD Bankers Association

MOTION:    AMEND HB 1045

1045jb

    On page 2 of the House State Affairs Committee engrossed bill, delete lines 2 and 3, and insert

"The secretary shall promulgate rules pursuant to chapter 1-26 within six months of any decision to use any of the alternative apportionment methods provided under this section.".

                                            

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

MOTION:    DO PASS HB 1045 AS AMENDED

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

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

        HB 1170: revise certain provisions for a secondary election if the candidates for the United States Senate, United States House of Representatives, or Governor do not receive a sufficient percentage of the votes cast during a primary election.

Presented by:    Senator Mark Kirkeby
Proponents:    Jason Gant, Office of the Secretary of State

MOTION:    DO PASS HB 1170

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

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

Excused:    Rave

MOTION:    PLACE HB 1170 ON CONSENT CALENDAR

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

        HB 1209: prohibit certain persons who fail to pay certain campaign finance related penalties from running for office.

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Presented by:    Representative Kristin Conzet
Proponents:    Jason Gant, Office of the Secretary of State

MOTION:    DO PASS HB 1209

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

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

MOTION:    PLACE HB 1209 ON CONSENT CALENDAR

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

MOTION:    ADJOURN

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

Jill Wellhouse

Committee Secretary

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