84th Legislative Session _ 2009

Committee: Senate State Affairs
Wednesday, January 21, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Abdallah
P    Gray, Vice-Chair
P    Hanson (Gary)
P    Heidepriem
P    Knudson
P    Olson (Russell)
P    Rhoden
E    Turbak Berry
P    Dempster, Chair

OTHERS PRESENT: See Original Minutes

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

MOTION:     TO APPROVE THE MINUTES OF FRIDAY, JANUARY 16, 2009.

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

 MOTION:     CONFIRM APPOINTMENT OF DANA DYKHOUSE OF SIOUX FALLS, MINNEHAHA COUNTY, SOUTH DAKOTA, SOUTH DAKOTA, TO THE SCIENCE AND TECHNOLOGY AUTHORITY

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster


Excused:    Turbak Berry

 MOTION:     CONFIRM APPOINTMENT OF GRAHAM FLEMING OF BERKELEY, CALIFORNIA, SOUTH DAKOTA, TO THE SCIENCE AND TECHNOLOGY AUTHORITY

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

         SB 58: require notification regarding the construction of certain wind energy projects.

Presented by:    Gary Hanson, Public Utilities Commission
Proponents:    Ed Anderson, SD Rural Electric Association

MOTION:     DO PASS SB 58

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

MOTION:     PLACE SB 58 ON CONSENT CALENDAR

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

         SB 59: revise certain provisions regarding the amount of the filing fee for the siting of energy facilities.

Presented by:    Rolayne Wiest, Public Utilities Commission
MOTION:     DO PASS SB 59

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

MOTION:     PLACE SB 59 ON CONSENT CALENDAR

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

         SB 60: authorize the Public Utilities Commission to implement and comply with certain federal energy acts.

Presented by:    Rolayne Wiest, Public Utilities Commission

MOTION:     DO PASS SB 60

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

MOTION:     PLACE SB 60 ON CONSENT CALENDAR

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

         SB 68: authorize the establishment, operation, and control of research parks on state land.

Presented by:    Jim Shekleton, SD Board of Regents
Proponents:    Al Kurtenbach, SDSU Growth Partners
        Scott Munsterman, Mayor of Brookings
        Bob O'Connell, Sioux Falls Area Chamber of Commerce

MOTION:     AMEND SB 68

68oa

     On page 1, line 10, of the printed bill, delete "university land" and insert "lands controlled by the Board of Regents".

     On page 1, line 14, delete "lease or contract" and insert "lease, contract, or agreement".

     On page 2, line 2, delete "a planned research or critical" and insert "an".

     On page 2, line 5, delete "bring" and insert "promote the practical application of university research, to aid the transfer of knowledge, technology, and business skills through collaboration between universities and industry, government, or other organizations that apply research or technology, and to assist in the growth of research-based and technology-led economic development for the community, region, and state, by bringing".

     On page 2, line 8, after "commercial" insert ", governmental, or public policy".

     On page 2, line 13, after "47" insert "for the purpose of constructing, financing, developing, maintaining, and operating a research park".

     On page 3, line 23, after "finance," delete "operate,".

     On page 4, line 18, delete "contract or lease" and insert "lease, contract, or agreement".

     On page 4, line 20, delete "research park".

     On page 4, line 21, delete "corporation or other".

     On page 4, line 21, after "park" insert "under a lease, contract, or agreement with the Board of Regents".

     On page 4, line 24, after "." Insert "No debt or liability of a research park is an indebtedness, legal or moral, of the State of South Dakota, and no creditor may have recourse against the State of South Dakota or any fund created or maintained directly or indirectly from state taxation.".

     On page 5, line 2, delete "create" and insert "construct, finance".

     On page 5, line 7, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 11, delete "such".

     On page 5, line 11, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, delete lines 13 to 17, inclusive.

     On page 5, line 18, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 19, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 21, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 5, line 24, after "." Insert "Nothing in this section relieves a research park corporation of the obligation to conform to criminal laws or other statutes of general application.".

     On page 6, line 1, after "corporation" insert "formed pursuant to section 16 of this Act".

     On page 6, line 5, delete "the campus of".

     On page 6, line 6, delete "and known as the University Center".


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

 MOTION:     AMEND SB 68

68ob

     On page 2, line 14, of the printed bill, delete "dedicate" and insert "utilize".

     On page 2, line 14, delete "to" and insert "for".

     On page 5, line 8, after "." Insert "Each research park corporation shall have the Board of Regents as its sole member.".

     On page 5, line 23, delete ", gross receipts tax".

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

 MOTION:     DO PASS SB 68 AS AMENDED

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

         SB 5: revise the form and style of certain provisions and to delete certain obsolete provisions regarding the Department of Tourism and State Development.

Presented by:    Senator Jason Gant
Proponents:    Kim Olson, Department of Tourism and State Development
        Julie Johnson, Absolutely Aberdeen

MOTION:     DO PASS SB 5

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

Voting Yes:    Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Dempster

Excused:    Turbak Berry

MOTION:     PLACE SB 5 ON CONSENT CALENDAR

Moved by:    Gray
Second by:    Olson (Russell)
Action:    Failed by voice vote.

MOTION:     ADJOURN
Moved by:    Abdallah
Second by:    Rhoden
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary
Thomas A. Dempster, Chair