2008 Legislative Session _ 2008

Committee: House State Affairs
Friday, February 22, 2008

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brunner
P    Cutler
P    Deadrick
P    Dykstra, Vice-Chair
E    Faehn
E    Gillespie
P    Hargens
E    Krebs
P    Miles
P    Moore
P    Rave
P    Turbiville
E    Rhoden, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Joel Dykstra, Vice Chair.

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 20, 2008

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

         SB 54: revise certain provisions regarding the duties and reporting requirements for the South Dakota Energy Infrastructure Authority.

MOTION:     AMEND SB 54

54od

     On page 1, line 5, of the Senate State Affairs Committee engrossed bill, delete " shall may " and insert "shall".

     On page 1, line 13, before "concerning" insert " at least once every five years ".


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

 MOTION:     DO PASS SB 54 AS AMENDED

Moved by:    Brunner
Second by:    Turbiville
Action:    Prevailed by roll call vote. (9-0-4-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Hargens, Miles, Moore, Rave, Turbiville

Excused:    Faehn, Gillespie, Krebs, Rhoden

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

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

MOTION:     DO PASS SJR 1

Moved by:    Rave
Second by:    Moore
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Brunner, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Miles, Moore, Rave, Turbiville, Rhoden

Excused:    Cutler, Krebs

        Gavel given to Representative Larry Rhoden, Chair

         SB 4: revise certain provisions concerning campaign finance reporting requirements

and to establish certain penalties.

Presented by:    Chris Nelson, Secretary of State

MOTION:     DO PASS SB 4

Moved by:    Dykstra
Second by:    Rave
Action:    Prevailed by roll call vote. (11-0-2-0)

Voting Yes:    Brunner, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Miles, Moore, Rave, Turbiville, Rhoden

Excused:    Cutler, Krebs

MOTION:     PLACE SB 4 ON CONSENT CALENDAR

Moved by:    Dykstra
Second by:    Faehn
Action:    Prevailed by voice vote.

         SB 190: provide for regulatory oversight of oil pipelines and to create a task force.

Presented by:    Representative Garry Moore
Proponents:    Senator Gary Hanson
        Steve Pirner, Department of Environment and Natural Resources
Opponents:    Drew Duncan, Transcanada
        Mark Anderson, SD State Federation of Labor AFL-CIO

MOTION:     AMEND SB 190

190od

     On page 3, line 12, of the Senate engrossed bill, delete "Tourism and State Development" and insert "Environment and Natural Resources".


Moved by:    Hargens
Second by:    Miles
Action:    Prevailed by voice vote.

 MOTION:     DO PASS SB 190 AS AMENDED

Moved by:    Moore
Second by:    Hargens
Action:    Prevailed by roll call vote. (10-2-1-0)

Voting Yes:    Brunner, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Miles, Moore, Rave, Turbiville

Voting No:    Cutler, Rhoden

Excused:    Krebs

         SB 92: revise certain provisions concerning the classification and taxation of real property.

Presented by:    Senator Dave Knudson

MOTION:     DO PASS SB 92

Moved by:    Dykstra
Second by:    Cutler
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Miles, Moore, Rave, Turbiville, Rhoden

Excused:    Krebs

MOTION:     PLACE SB 92 ON CONSENT CALENDAR

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

         SB 116: revise certain provisions concerning the assessment of real property and to revise the makeup of the implementation and oversight advisory task force.

Presented by:    Senator Dave Knudson
Proponents:    David Owen, SD Chamber of Commerce & Industry

MOTION:     DO PASS SB 116

Moved by:    Hargens
Second by:    Moore
Action:    Prevailed by roll call vote. (12-0-1-0)

Voting Yes:    Brunner, Cutler, Deadrick, Dykstra, Faehn, Gillespie, Hargens, Miles, Moore, Rave, Turbiville, Rhoden

Excused:    Krebs

MOTION:     REMOVE SB 189 FROM THE TABLE

Moved by:    Cutler
Second by:    Brunner
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 189

189fa

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

     "
     Section 1. That § 1-27-1 be amended to read as follows:

     1-27-1.   If the keeping of a record, or the preservation of a document or other instrument is required of an officer or public servant under any statute of this state, the officer or public servant shall keep the record, document, or other instrument available and open to inspection by any person during normal business hours. Any employment examination or performance appraisal record maintained by the Bureau of Personnel is excluded from this requirement.

     Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

     Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.

     Any list released or distributed under this section may not be resold or redistributed. Redistribution of a list does not include subsequent use of the information obtained from a list released or distributed under this section if value is added by the purchaser of the list. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor. "


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

 MOTION:     AMEND TITLE OF SB 189

189fta

     On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert "revise certain provisions regarding the redistribution of public records.".

     On page 1, delete line 2.


Moved by:    Cutler
Second by:    Hargens
Action:    Prevailed by voice vote.

         THE CHAIR DEFERRED SB 189 UNTIL MONDAY, FEBRUARY 25, 2008

 MOTION:     ADJOURN

Moved by:    Brunner
Second by:    Turbiville
Action:    Prevailed by voice vote.

Joyce Panzer

____________________________

Committee Secretary
Larry Rhoden, Chair

../02221000.HST
Page 1