84th Legislative Session _ 2009

Committee: House State Affairs
Wednesday, February 11, 2009

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Boomgarden
P    Engels
P    Feinstein
P    Gosch
P    Hunhoff (Bernie)
P    Lucas
P    Lust
P    Noem, Vice-Chair
P    Rausch
P    Rave
P    Steele
P    Turbiville
P    Faehn, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Representative Bob Faehn, Chair.

MOTION:     TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 9, 2009

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

        THE CHAIR DEFERRED HB 1288 UNTIL A LATER DATE



         HB 1165: revise certain provisions relating to the exercise of eminent domain by railroads.

Presented by:    Representative Lance Russell
Proponents:    Jeremiah M. Murphy, SD Stockgrowers
        Silvia Christen, Dakota Rural Action
Opponents:    Senator Tom Hansen
        Dean Krogman, DM&E
        Darin Bergquist, Department of Transportation
        Brian Donahoe, DM&E
        David Owen, SD Chamber of Commerce & Industry
        Michael Held, SD Farm Bureau
        Matt McCaulley, SD Corn Growers Association
        Kathleen Zander, SD Grain and Feed Assn
        Brenda Forman, SD Association of Cooperatives
        Gary Johnson, AGE Corporation

MOTION:     AMEND HB 1165

1165oa

     On page 2 of the printed bill, delete lines 14 to 24, inclusive.

     On page 3, delete lines 1 to 13, inclusive.


Moved by:    Gosch
Second by:    Rausch
Action:    Failed by voice vote.

MOTION:     DEFER HB 1165 TO THE 41ST LEGISLATIVE DAY

Moved by:    Rave
Second by:    Turbiville
Action:    Was not acted on.



MOTION:     SUBSTITUTE MOTION AMEND HB 1165

1165ob

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

     "
     Section 1. That § 49-16A-75 be amended to read as follows:

     49-16A-75.   A railroad may exercise the right of eminent domain in acquiring right-of-way as provided by statute , but only upon obtaining authority from the Governor or if directed by the Governor, or the commission, based upon a determination by the Governor or the commission that the railroad's exercise of the right of eminent domain would be for a public use consistent with public necessity. The Governor or the commission shall consider the requirements of §§ 49-16A- 75.1 to 49-16A-75.3, inclusive, when granting or denying an application for authority to use eminent domain. The decision to grant or deny an application shall be made after reasonable notice and opportunity to be heard, pursuant to chapter 1-26. However, an impartial hearing examiner may be appointed by the Governor or the commission to administer the proceedings or make recommendations. Any parties who are united in interest or representation shall unite in the filing of an affidavit for change of hearing examiner under the provisions of § 1-26D-10. The filing of such affidavit by one party is deemed to be filed by all of the parties. No more than one change of hearing examiner may be granted on request or affidavit made by or on behalf of the same party or parties united in interest under the provisions of § 1-26D-10. However, the filing of an affidavit and the first change of hearing examiner does not prevent any other party to the action or any party's attorney from obtaining a change in hearing examiner upon a showing of an unacceptable risk of actual bias or prejudice concerning a party. The Governor or the chair of the commission shall replace the hearing examiner within five business days upon any recusal. A hearing shall be held and a decision rendered on any application within ninety days following the receipt of a new application and upon any application pending before the Governor or the commission on July 1, 2008.

     The denial or withdrawal of an application does not prejudice the ability of a railroad to resubmit an application. Any appeal, pursuant to chapter 1-26, taken from a decision of the Governor or the commission shall be handled as an expedited appeal by the courts of this state .

     Section 2. That § §   49-16A-75.1 to 49-16A-75.4 , inclusive, be repealed."



Moved by:    Feinstein
Second by:    Lucas
Action:    Failed by voice vote.


MOTION:    DEFER HB 1165 TO THE 41ST LEGISLATIVE DAY

Moved by:    Rave
Second by:    Turbiville
Action:    Prevailed by roll call vote. (8-5-0-0)

Voting Yes:    Boomgarden, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

Voting No:    Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas

        THE CHAIR DEFERRED HB 1251 UNTIL FRIDAY, FEBRUARY 20, 2009

        
HJR 1002: Proposing and submitting to the electors at the next general election an amendment to Article IX, § 1 of the Constitution of the State of South Dakota and a new section to Article IX of the Constitution of the State of South Dakota, relating to the consolidation of counties.

Presented by:    Representative Brian Dreyer
Opponents:    Rich Sattgast, State Auditor
        Representative Dean Wink
        Kitty Werthmann, Eagle Forum
        Gail Brock, SD Association of Towns and Townships
        Representative Betty Olson
        Staci Eggert, SD Sheriff's Association
        Representative Dennis Feickert
        Bob Wilcox, SD Association of County Commissioners
        Eric Erickson, SD Association of County Officials

MOTION:     DEFER HJR 1002 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Boomgarden, Engels, Feinstein, Hunhoff (Bernie), Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

Voting No:    Gosch


MOTION:     REFER HB 1299 TO COMMERCE

Moved by:    Rave
Second by:    Feinstein
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Boomgarden, Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

MOTION:     REFER HB 1274 TO COMMERCE

Moved by:    Turbiville
Second by:    Hunhoff (Bernie)
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Boomgarden, Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

MOTION:     REFER HB 1280 TO COMMERCE

Moved by:    Feinstein
Second by:    Steele
Action:    Prevailed by roll call vote. (13-0-0-0)

Voting Yes:    Boomgarden, Engels, Feinstein, Gosch, Hunhoff (Bernie), Lucas, Lust, Noem, Rausch, Rave, Steele, Turbiville, Faehn

MOTION:     ADJOURN

Moved by:    Lucas
Second by:    Steele
Action:    Prevailed by voice vote.

Eileen Eller

____________________________

Committee Secretary
Bob Faehn, Chair