2008 Legislative Session _ 2008

Committee: Senate State Affairs
Monday, February 11, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Hanson (Gary)
P    Heidepriem
P    Knudson
P    McCracken
P    Nesselhuf
P    Olson (Ed)
P    Gray, Vice-Chair
P    Dempster, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Tom Dempster, Chair.

MOTION:     TO APPROVE THE MINUTES OF WEDNESSDAY, FEBRUARY 6, 2008

Moved by:    McCracken
Second by:    Hanson (Gary)
Action:    Prevailed by voice vote.

THE CHAIR DEFERRED HB 1015 and HB 1041 UNTIL ANOTHER DAY

         HB 1261: regulate the right to carry a firearm on the campuses of public institutions of higher education.

Presented by:    Representative Thomas Brunner
Proponents:    Zach Lautenschlager, South Dakota Gun Owners, presented 600 affidavits in support of HB 1261
        Martin Sonnenfeld, self, Box Elder
        Dayle Hammock, self, Sturgis



Opponents:    Jim Shekleton, SD Board of Regents (Document #1)
        Dick Tieszen, Technical Institutes (Document #2, #3)
        Art Mabry, SD Chief of Police
        Caitlin Collier, Vermillion, self
        Sam Nelson, SDSU Students' Association

MOTION:     DEFER HB 1261 TO THE 36TH LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Was not acted on.

MOTION:     DO PASS HB 1261

Moved by:    Abdallah
Action:    Died for lack of a second.

MOTION:     SUBSTITUTE MOTION DEFER HB 1261 TO THE 36TH LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote. (7-1-1-0)

Voting Yes:    Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Dempster

Voting No:    Abdallah

Excused:    Gray

        
SB 106: limit state expenditures.

Presented by:    Senator Scott Heidepriem
Opponents:    Tamara Darnall, Bureau of Finance and Management (Document #4)

MOTION:     DO PASS SB 106

Moved by:    Nesselhuf
Second by:    Hanson (Gary)
Action:    Was not acted on.


MOTION:     SUBSTITUTE MOTION DEFER SB 106 TO THE 36TH LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Heidepriem, Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Abdallah, Hanson (Gary), Nesselhuf

        
SB 165: provide a preference for residents in competitive bids for certain public contracts.

Presented by:    Senator Scott Heidepriem
Proponents:    Joe Zueger, self, Sioux Falls (Document #5)
Opponents:    Jeff Holden, Bureau of Administration
        Kristi Honeywell, Bureau of Administration
        Deb Mortenson, Associated General Contractors of SD, Inc.
        Larry Zikmund, Associated General Contractors - Building Chapter

MOTION:     DO PASS SB 165

Moved by:    Heidepriem
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote. (6-3-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, McCracken, Olson (Ed), Gray

Voting No:    Knudson, Nesselhuf, Dempster

        
SCR 3: requesting all state agencies and all local governments which subsidize new business development in the state to require certain benefitting businesses to pay a living wage and to provide adequate health benefits to its employees.

Presented by:    Senator Tom Katus
Proponents:    Jeff Nelson, self, Rapid City
        Mark Anderson, SD State Federation of Labor AFL-CIO

MOTION:     DO PASS SCR 3

Moved by:    Hanson (Gary)
Second by:    Olson (Ed)
Action:    Failed by roll call vote. (4-4-1-0)

Voting Yes:    Hanson (Gary), Heidepriem, Nesselhuf, Olson (Ed)

Voting No:    Knudson, McCracken, Gray, Dempster

Excused:    Abdallah

THE CHAIR DEFERRED SCR 3 UNTIL ANOTHER DAY

        
SJR 1: Proposing a constitutional amendment to eliminate legislative term limits.

Presented by:    Senator Bill Napoli
Opponents:    Lee Breard, SD Conservative Action Committee

MOTION:     AMEND SJR 1

sjr1ja

On page 1, line 5, of the printed resolution, delete "amendment" and insert "amendments".

On page 1, line 6, delete ", section 6" and insert "and Article IV".

On page 1, line 6, delete "section 2" and insert "sections 2 and 3".

On page 2, after line 11, insert:

"
     Section 3. That Article IV, section 7 of the Constitution of the State of South Dakota, be amended to read as follows:

     § 7.   There shall be chosen by the qualified electors of the state at the general election of the Governor and every four years thereafter the following constitutional officers: attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, who shall severally hold their offices for a term of four years. Commencing with the 1992 general election, no person may be elected to more than two consecutive terms as attorney general, secretary of state, auditor, treasurer, or commissioner of school and public lands. ".


Moved by:    Gray
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.



MOTION:     DO PASS SJR 1 AS AMENDED

Moved by:    Olson (Ed)
Second by:    Knudson
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Abdallah, Nesselhuf, Olson (Ed), Gray, Dempster

Voting No:    Hanson (Gary), Heidepriem, Knudson, McCracken,

MOTION:     AMEND TITLE OF SJR 1

sjr1jta

On page 1, line 1, of the printed resolution, delete "legislative".

On page 1, line 2, after "limits" insert "for legislators and constitutional officers".


Moved by:    Knudson
Second by:    Hanson (Gary)
Action:    Prevailed by voice vote.

        
SB 4: revise certain provisions concerning campaign finance reporting requirements and to establish certain penalties.

MOTION:     AMEND SB 4

4oa

On page 10 of the printed bill, delete lines 11 to 24, inclusive, and insert:

"      Section 7. That § 12-27-17 be amended to read as follows:

     12-27-17.   Any person, political committee, political party, or organization that makes a payment or promise of payment totaling one thousand dollars or more for a communication that clearly identifies a candidate or public office holder , but does not expressly advocate the election or defeat of the candidate or public office holder , and that is disseminated, broadcast, or otherwise published within sixty days of an election, shall file a statement with the secretary of state disclosing the name, street address, city, and state of such person, political committee, political party, or organization. The statement shall also include the name of the candidate or public office holder mentioned in the

communication, the amount spent on the communication, and a description of the content of the communication. The statement shall be received and filed within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.

     For the purposes of this section, the term, communication, does not include:

             (1)      Any news articles, editorial endorsements, opinion or commentary writings, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, political committee, or political party;

             (2)      Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate, political committee, or political party;

             (3)      Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families; and

             (4)      Any communication that refers to any candidate only as part of the popular name of a bill or statute. ".
On page 11, delete lines 1 to 9, inclusive.

Moved by:    Knudson
Second by:    Nesselhuf
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 4 AS AMENDED

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

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Knudson, McCracken, Nesselhuf, Olson (Ed), Gray, Dempster

        
SB 196: provide for environmental protection standards for petroleum refinery facilities.

Presented by:    Senator Ben Nesselhuf
Proponents:    Karen Hall, self, Rapid City
        Charles Yelverton, self, Vermillion
        Virginia Knutson, self, Vermillion
        Nancy Hilding, Prairie Hills Audobon Society
Opponents:    Steve Pirner, Department of Environment and Natural Resources
        Kim Olson, Department of Tourism and State Development

MOTION:     DO PASS SB 196 AS AMENDED

Moved by:    Nesselhuf
Second by:    Hanson (Gary)
Action:    Failed by roll call vote. (4-5-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Nesselhuf

Voting No:    Knudson, McCracken, Olson (Ed), Gray, Dempster

MOTION:     DEFER SB 196 TO THE 36TH LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Gray
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION AMEND SB 196

196oc
On the previously adopted amendment (196oa), delete sections 1 to 55, inclusive.

Moved by:    Nesselhuf
Second by:    Hanson (Gary)
Action:    Failed by voice vote.

MOTION:     DEFER SB 196 TO THE 36TH LEGISLATIVE DAY

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

Voting Yes:    Abdallah, Knudson, McCracken, Olson (Ed), Gray, Dempster

Voting No:    Hanson (Gary), Heidepriem, Nesselhuf

MOTION:     ADJOURN

Moved by:    Olson (Ed)
Second by:    Hanson (Gary)
Action:    Prevailed by voice vote.

Nancy Bloom

____________________________

Committee Secretary
Thomas A. Dempster, Chair


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