84th Legislative Session _ 2009

Committee: House State Affairs
Wednesday, February 18, 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 FRIDAY, FEBRUARY 13, 2009

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

         HB 1286: create a task force to study the feasibility of establishing a cabinet-level Department of Native Affairs and to identify benefits that could result from a closer working relationship between the executive and legislative branches and the tribal governments.

Presented by:    Representative Kent Juhnke
Proponents:    Theresa Two Bulls, Ogalala Sioux Tribes
        Clarence Skye, United Sioux Tribes
        Tom Katus, Self, Rapid City
        Representative Ed Iron Cloud III
        Roger Campbell, Tribal Government Relations

MOTION:     DEFER HB 1286 TO THE 41ST LEGISLATIVE DAY

Moved by:    Turbiville
Second by:    Rave
Action:    Prevailed by roll call vote. (8-4-1-0)

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

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

Excused:    Lust

         HB 1301: create the South Dakota Ellsworth Development Authority.

Presented by:    Dennis Daugaard, Governor's Office
Proponents:    Mark Merchen, West River Electric
        Senator Larry Rhoden
        Alan Hanks, City of Rapid City
        Rex Hagg, City of Box Elder
Opponents:    Marvin Kammerer, Self, Rapid City
        Jim Ackerman, Self, Pierre

MOTION:     AMEND HB 1301

1301je

     On page 2 of the printed bill, delete lines 14 to 16, inclusive, and insert:

"      Section 7. For the purpose of protecting and promoting the economic impact of Ellsworth Air Force Base and associated industry, and to promote the health and safety of those living or working near the base, the authority may exercise the following powers:".


     On page 2, line 17, delete "(2)" and insert "(1)".

     On page 2, line 19, delete "(3)" and insert "(2)".

     On page 2, line 20, delete "(4)" and insert "(3)".

     On page 2, line 21, delete "(5)" and insert "(4)".

     On page 2, line 22, delete "(6)" and insert "(5)".

     On page 2, line 24, delete "(7)" and insert "(6)".

     On page 3, line 1, delete "(8)" and insert "(7)".

     On page 3, line 4, delete "(9)" and insert "(8)".

     On page 3, line 6, delete "(10)" and insert "(9)".

     On page 3, line 9, delete "(11)" and insert "(10)".

     On page 3, line 12, delete "(12)" and insert "(11)".

     On page 3, line 12, after "any" insert "private or".

     On page 3, line 13, before "public purposes" insert "private or".

     On page 3, line 16, delete "(13)" and insert "(12)".

     On page 3, line 20, delete "(14)" and insert "(13)".

     On page 3, line 22, delete "(15)" and insert "(14)".
     On page 4, line 4, delete "(16)" and insert "(15)".

     On page 4, line 9, delete "(17)" and insert "(16)".

     On page 4, line 14, delete "(18)" and insert "(17)".

     On page 4, line 23, delete "(19)" and insert "(18)".

     On page 4, line 24, after "agency" insert "or political subdivision".

     On page 5, line 1, delete "(20)" and insert "(19)".

     On page 5, line 3, delete "(21)" and insert "(20)".

     On page 5, line 5, delete "(22)" and insert "(21)".

     On page 5, line 5, delete "Acquire" and insert "Purchase from a willing seller".

     On page 5, line 11, delete "(23)" and insert "(22)".

     On page 5, delete lines 16 to 23, inclusive, and insert:

"

             (23)    Acquire by eminent domain, in accordance with chapter 21-35, any private property that falls within the boundaries of Ellsworth Air Force Base, or property described in the 1994 United States Department of Defense approved Ellsworth Air Force Base Air Installation Compatible Use Zone Study as a clear zone or an accident potential zone one or two, or property located within the noise contours identified by the study, but only as necessary for the authority's purposes to establish a compatible land use as provided for in the study;".

     On page 5, line 24, delete "(25)" and insert "(24)".

     On page 5, line 24, after "agencies" insert "or political subdivisions".

     On page 6, line 2, after ";" insert "and".

     On page 6, line 3, delete "(26)" and insert "(25)".

     On page 6, line 3, delete "sell,".
     On page 6, line 5, after "Base" insert ", the city of Box Elder,".

     On page 6, line 6, delete ";" and insert ". However, the authority may not provide wastewater treatment service to any property located within any municipality's subdivision jurisdiction as defined in § §  11-6-26 and 9-4-14 without first obtaining the municipality's consent.".

     On page 6, delete lines 7 to 11, inclusive.

     On page 13, line 9, after "agency" insert "or political subdivision".

     On page 13, after line 10, insert:

"      Section 26. Nothing in this Act limits any power granted to any municipality or county government nor creates any police or taxing power in the authority.".



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

 MOTION:     DO PASS HB 1301 AS AMENDED

Moved by:    Lust
Second by:    Gosch
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

         HB 1226: allow artisan distillers and farm wineries to sell certain distilled spirits to wholesalers and retailers.

Presented by:    Representative Shantel Krebs
Proponents:    Nate Brady, Self, Vermillion
        Tom Rounds, Self, Pierre
        Eldon Nygaard, Self, Vermillion

        THE CHAIR DEFERRED HB 1226 UNTIL 4:00 PM, WEDNESDAY, FEBRUARY 18, 2009, HOUSE STATE AFFAIRS COMMITTEE MEETING
    

 MOTION:     REFER SB 79 TO JUDICIARY

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

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

Excused:    Boomgarden, Lust

MOTION:     ADJOURN

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

Eileen Eller

____________________________

Committee Secretary
Bob Faehn, Chair