84th Legislative Session _ 2009

Committee: Senate State Affairs
Wednesday, February 18, 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
P    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, FEBRUARY 13, 2009

Moved by:    Abdallah
Second by:    Olson (Russell)
Action:    Prevailed by voice vote.

        THE CHAIR DEFERRED SB 147 UNTIL FRIDAY, FEBRUARY 20, 2009.

        
SB 203: make an appropriation for the purposes of funding the Birth to Three Program in the Department of Education.

Presented by:    Senator Bob Gray
Proponents:    Senator Dave Knudson (Handout: 1)
        Tom Oster, Secretary Department of Education
        Kevin Schieffer, Self, Sioux Falls
        Jen Lester, Self, Pierre


        Carmen Schieffer, Self, Sioux Falls
        Mona Drole, Self, Rapid City
        Dr. Jerry Blake, Self, Sioux Falls (Handout: 2)
        Amy Bruner, Self, Sioux Falls
        Andrea Ebsen, Self, Rapid City
        Karen Mahan, Self, Sioux Falls

MOTION:     AMEND SB 203

203ma

     On page 1, line 4, of the printed bill, delete "one million eight" and insert "two million one hundred eighty-seven thousand nine hundred sixty-one dollars ($ 2,187,961 )".

     On page 1, line 5, delete everything before "," .

     On page 1, line 6, delete everything after "sum of" and insert "two million six hundred ninety- seven thousand twenty-eight dollars ($ 2,697,028 ),".

     On page 1, line 7, delete "forty-three dollars ($2,521,443)".


Moved by:    Heidepriem
Second by:    Olson (Russell)
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 203

203oa

     On page 1, after line 12 of the printed bill, insert:

"
     Section 4. The Department of Education shall conduct an administrative review of the birth to three program. The review shall include input from parents and other stakeholders in the program. The review shall include a report to the Legislature concerning the department's recommendations for changes to the program. The report shall be completed and delivered to the Legislature no later than December 1, 2009.".



Moved by:    Gray


Second by:    Knudson
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 203 AS AMENDED

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

Voting Yes:    Abdallah, Gray, Heidepriem, Knudson, Olson (Russell), Rhoden, Turbak Berry, Dempster

Excused:    Hanson (Gary)

MOTION:     AMEND TITLE OF SB 203

203ota

     On page 1, line 2, of the printed bill, after "Education" insert "and to require a review of the program".


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

        
SB 166: restrict the deactivation or relocation of certain National Guard units.

Presented by:    Senator Ryan Maher (Handout: 3)
Proponents:    Neal Pinnow, Self, Lemmon
        Shane Penfield, Self, Lemmon
        Heath Hetzel, Self, Lemmon
Opponents:    Steven Doohen, Department of Military and Veterans' Affairs
        Ted Johnson, SD National Guard, Rapid City
        Jeff Marlette, SD National Guard, Sioux Falls

MOTION:     DEFER SB 166 TO THE 41ST LEGISLATIVE DAY

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

MOTION:     SUBSTITUTE MOTION DO PASS SB 166

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

Voting Yes:    Hanson (Gary), Heidepriem, Rhoden, Turbak Berry

Voting No:    Abdallah, Gray, Knudson, Olson (Russell), Dempster

MOTION:     DEFER SB 166 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Abdallah, Gray, Knudson, Olson (Russell), Dempster

Voting No:    Hanson (Gary), Heidepriem, Rhoden, Turbak Berry

        
SB 167: provide for the creation of the National Guard Commission.

Presented by:    Senator Ryan Maher
Proponents:    Neal Pinnow, Self, Lemmon
        Shane Penfield, Self, Lemmon
        Heath Hetzel, Self, Lemmon
Opponents:    Steven Doohen, Department of Military and Veterans' Affairs
        Ted Johnson, SD National Guard, Rapid City
        Jeff Marlette, SD National Guard, Sioux Falls

MOTION:     DEFER SB 167 TO THE 41ST LEGISLATIVE DAY

Moved by:    Knudson
Second by:    Abdallah
Action:    Prevailed by roll call vote. (7-2-0-0)

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

Voting No:    Heidepriem, Turbak Berry

        
SB 171: impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.


MOTION:     DO PASS SB 171

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

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Turbak Berry

Voting No:    Gray, Knudson, Olson (Russell), Rhoden, Dempster

MOTION:     DEFER SB 171 TO THE 41ST LEGISLATIVE DAY

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

MOTION:     SUBSTITUTE MOTION WITHOUT RECOMMENDATION SB 171

Moved by:    Heidepriem
Second by:    Turbak Berry
Action:    Failed by roll call vote. (4-5-0-0)

Voting Yes:    Abdallah, Hanson (Gary), Heidepriem, Turbak Berry

Voting No:    Gray, Knudson, Olson (Russell), Rhoden, Dempster

MOTION:     DEFER SB 171 TO THE 41ST LEGISLATIVE DAY

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

Voting Yes:    Gray, Knudson, Olson (Russell), Rhoden, Dempster

Voting No:    Abdallah, Hanson (Gary), Heidepriem, Turbak Berry

        
SB 194: increase revenues for state and local highways by increasing the fuel excise tax on certain ethanol blends.


MOTION:     TO TABLE SB 194

Moved by:    Gray
Second by:    Abdallah
Action:    Prevailed by roll call vote. (9-0-0-0)

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

        
SB 197: create a South Dakota Federal Stimulus Fund Commission.

Presented by:    Senator Scott Heidepriem
Proponents:    Jim Hutmacher, Mid Size Schools
        Sandra Waltman, SD Education Association
Opponents:    Neil Fulton, Governor's Office

MOTION:     AMEND SB 197

197ca

     On page 1, line 7, of the printed bill, delete "consists" and insert "consist".

     On page 1, line 7, delete "eight" and insert "nine".

     On page 1, line 9, after "Representatives" insert "with the advice of the majority leader and the minority leader of the House of Representatives".

     On page 1, line 11, after "Senate" insert "with the advice of the majority leader and the minority leader of the Senate".

     On page 1, line 13, after "Representatives" insert "with the advice of the majority leader and the minority leader of the House of Representatives,".

     On page 1, line 14, after "Senate" insert "with the advice of the majority leader and the minority leader of the Senate".

     On page 1, line 14, delete "and".

     On page 2, line 2, after "Representatives" insert "with the advice of the majority leader and the minority leader of the House of Representatives,".

     On page 2, line 3, after "Senate" delete "." and insert "with the advice of the majority leader and the minority leader of the Senate; and".

     On page 2, after line 3, insert:

"

             (5)    One member of the career and technical education community in South Dakota appointed by the president pro tempore of the Senate with the advice of the majority leader and the minority leader of the Senate.".

     On page 2, after line 3, insert:

"
     Section 3. The speaker of the House of Representatives and the president pro tempore of the Senate shall make appointments to the South Dakota Federal Stimulus Fund Commission as soon as practicable following the effective date of this Act, and the commission shall meet within forty- five days following the date of the appointments.

     Section 4. The commission shall, as soon as practicable and prior to any federally mandated deadlines and prior to the convening of any special session of the Eighty-fourth Legislature, provide recommendations to the Governor and to the Legislature on how any money received by the state from the federal government in the form of a federal stimulus package shall be distributed to state agencies and other government entities.

     Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".



Moved by:    Turbak Berry
Second by:    Gray
Action:    Prevailed by voice vote.

MOTION:     DEFER SB 197 TO THE 41ST LEGISLATIVE DAY

Moved by:    Rhoden
Second by:    Gray
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Gray, Knudson, Olson (Russell), Rhoden, Dempster

Voting No:    Abdallah, Hanson (Gary), Heidepriem, Turbak Berry

MOTION:     ADJOURN

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

Cheri Hauschild

____________________________

Committee Secretary
Thomas A. Dempster, Chair