74th Legislative Session -- 1999
Committee: Senate State Affairs
Wednesday, February 24, 1999
P - Present
E - Excused
A - Absent
Roll Call
P
Dunn (Jim)
P
Munson (David)
P
Hutmacher
P
Lawler
P
Symens
P
Everist
P
Whiting
P
Rounds, Vice-Chair
P
Halverson, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Senator Halverson
MOTION:
TO APPROVE THE MINUTES OF 2/22/99
Moved by:
Senator Symens
Second by:
Senator Lawler
Action:
Prevailed by voice vote.
MOTION:
To suspend the rules to add the following confirmations to the day's agenda:
Confirmation of Harvey C. Jewett, Brown County, Aberdeen, South Dakota,
For reappointment to the State Board of Regents.
Confirmation of Patricia R. VanGerpen, Hughes County, Pierre, South Dakota,
As Secretary of the Department of Tourism.
Confirmation of Sandra J. Zinter, Hughes County, Pierre, South Dakota,
As Commissioner of the Bureau of Personnel.
Confirmation of Ray W. Christensen, Hughes County, Pierre, South Dakota,
As Secretary of the Department of Education and Cultural Affairs.
Moved by:
Senator Symens
Second by:
Senator Lawler
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
To advise and consent to the confirmation of the reappointment of Harvey C.
Jewett, Brown County, Aberdeen, South Dakota, to the State Board of Regents.
Moved by:
Senator Munson (David)
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
To advise and consent to the confirmation of Patricia R. VanGerpen, Hughes
County, Pierre, South Dakota, as Secretary of the Department of Tourism.
Moved by:
Senator Munson (David)
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
To advise and consent to the confirmation of Sandra J. Zinter, Hughes County,
Pierre, South Dakota, as Commissioner of the Bureau of Personnel.
Moved by:
Senator Everist
Second by:
Senator Whiting
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
To advise and consent to the confirmation of Darrell D. Cruea, Hughes County,
Pierre, South Dakota, as Secretary of the Department of Agriculture.
Moved by:
Senator Symens
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
To advise and consent to the confirmation of John L. Cooper, Hughes County,
Pierre, South Dakota, as Secretary of the Department of Game, Fish, and Parks.
Moved by:
Senator Symens
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
To advise and consent to the confirmation of Ray W. Christensen, Hughes County,
Pierre, South Dakota, as Secretary of the Department of Education and Cultural
Affairs.
Moved by:
Senator Lawler
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
HB 1299:
revise certain provisions regarding the practices of physician assistants,
certified registered nurse anesthetists, nurse practitioners, and nurse midwives.
Proponents:
Doneen Hollingsworth(Document 7), Department of Health
Brett Koenecke, Nurses'Association
Steve Williams,South Dakota Academy of Physician Assistants
Mike Smith,South Dakota Nurse Anesthetists
Dave Hewett, South Dakota Healthcare Organization
Dean Krogman, South Dakota Medical Association
Document 8
MOTION:
DO PASS HB 1299
Moved by:
Senator Symens
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
PLACE HB 1299 ON CONSENT
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
HB 1156:
require certain insurance policies to reimburse the services of licensed
professional counselors -- mental health and marriage and family therapists.
Proponents:
Senator Brown, Brookings, South Dakota
Dr. Daniel Digatono(Documents 9,10),South Dakota Marriage and Family
Therapists
Kelly Stern,South Dakota Counselors Association
Ramona Wade,South Dakota Marriage and Family Therapists
Opponents:
Richard Tieszen, Associated School Boards
Dave Christensen, Department of Social Services
Dave Hewett,South Dakota Association of HealthCare Organizations
Kristine Kreiter,Blue Cross/Blue Shield
Jerry Wheeler, South Dakota Retailers Association
Darla Lyon, Department of Commerce and Regulation
Darla Pollman-Rogers, South Dakota Association of Life Underwriters,
Health Insurance Association of America
MOTION:
TO TABLE HB 1156
Moved by:
Senator Dunn (Jim)
Second by:
Senator Rounds
Action:
Prevailed by roll call vote.
(5-4-0-0)
Voting yes:
Dunn (Jim), Everist, Whiting, Rounds, Halverson
Voting no:
Munson (David), Hutmacher, Lawler, Symens
HB 1106:
repeal certain tax benefits available to railroads.
Proponents:
Governor William Janklow
Bill Dougherty, Burlington and Northern Railroad(Of Amendment o-1106e)
Opponents:
Kevin Schieffer, D,M,&E Railroad
Mike Trosen, St. Lawrence, South Dakota
John Brown, Fall River County(Of Amendment o-1106e)
Mark Hollenbeck, Fall River County(Of Amendment o-1106e)
Senator Vitter, Hill City, South Dakota (Of Amendment o-1106e)
MOTION:
AMEND HB 1106
o-1106d
On page
1
,
delete lines
13
to
15 of the House engrossed bill
, inclusive
,
and insert:
"
Section 2. That
§
10
-28-21.1
be repealed.
10-28-21.1.
Credit against railroad tax for replacement or repair of rail line -- Exceptions.
Any
publicly operated railroad or railway corporation operating over rail lines located within this state
may claim a credit against the tax levied on such rail lines for amounts which the railroad or railway
corporation has certified as having been expended in the replacement and repair of such rail lines.
Only those expenses of a capital nature may be certified as an expense eligible for a credit pursuant
to this section. The certification required by this section shall be on forms provided by the
Department of Revenue. The labor and material expenses certified pursuant to this section shall be
itemized separately. The credit provided in this section shall be applied proportionally across the
railroad's entire mainline within this state. The credit shall be applied to tax liability over a three-year
period in an amount equal to thirty-three and one-third percent the first year following certification;
thirty-three and one-third percent of such an amount shall carry forward into the second year
following certification; and thirty-three and one-third percent shall carry forward into the third year
following certification. Each year's carryover shall be accumulated as a tax credit with other years'
annual tax credits. No credit may be given for the repair or replacement of railway line necessitated
by washout, fire, or train derailment. No rail line carrying over ten million gross ton miles per mile
annually may receive a credit pursuant to this section. Any rail line which carries between five
million and ten million gross ton miles per mile annually shall receive a credit for only one-half of
the expenses certified pursuant to this section. The provisions of this section do not affect credits
certified prior to January 30, 1994.
Section 3. That
§
49-16A-1
be amended to read as follows:
49-16A-1.
Terms used in this chapter mean:
(1)
"Common carrier," a carrier which holds itself out to the general public as engaged in the
business of transporting freight in intrastate commerce which it is accustomed to and is
capable of transporting from place to place in this state, for hire;
(2)
"Department," the Department of Transportation created by chapter 1-44;
(3)
"For hire," the condition of receiving remuneration of any kind, paid or promised, either
directly or indirectly, for the transportation of freight;
(4)
"Freight," all property tendered for transportation by a railroad;
(5)
"Railroad,"
a
any association or
corporation
, or other entity, other than a state agency or
authority,
engaged in operating a common carrier by rail regardless of motive power used,
excluding street railroads;
(6)
"Road," all track, right-of-way, bridges, mainlines, branchlines, spurs, sidetracks,
interchanges
,
and all other fixtures and real property owned or operated by a railroad to
discharge its obligations as a common carrier by rail;
(7)
"Shipper," a consignor or consignee
;
(8) "Commission," the Transportation Commission created by
§
1-44-4;
(9) "Negotiated in good faith," a bona fide offer to pay all costs and damages as
compensation for the acquisition of property desired by the applicant for the construction
or reconstruction of a road, including the economic costs or diminution associated with
or caused by the construction or reconstruction if there is a partial taking of property
.
Section 4. 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 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 may, without limitation, consider the requirements of sections 5, 6, and 7 of this Act
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
.
Section 5. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as
follows:
The commission shall in accordance with chapter 1-26, promulgate rules:
(1) Establishing a form upon which a railroad may apply for authority to exercise the right
of eminent domain;
(2) Specifying the information to be submitted by an applicant; and
(3) Administering applications for authority to exercise the right of eminent domain.
Section 6. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as
follows:
The applicant has the burden of proving by clear and convincing evidence that the exercise of
the right of eminent domain is a public use consistent with public necessity.
Section 7. That chapter 49-16A be amended by adding thereto a NEW SECTION to read as
follows:
A railroad's exercise of the right of eminent domain is a public use consistent with public
necessity only if the use of eminent domain:
(1) Has as purpose providing railroad transportation to shippers in South Dakota, for
commodities produced, manufactured, mined, grown, used, or consumed in South Dakota;
(2) Is proposed by an applicant with the financial resources necessary to complete the
proposed construction or reconstruction along with any related facilities, construction, or
mitigation which are necessary to protect against harm to the public safety, convenience,
or other adverse socioeconomic or environmental impact, as evidenced by an irrevocable
financing commitment from a lender with adequate capitalization to fulfill its
commitment;
(3) Is proposed by an applicant who has complied with chapter 34A-9;
(4) Is proposed by an applicant who has negotiated in good faith to privately acquire
sufficient property without the use of eminent domain;
(5) Is proposed by an applicant who has filed a plat, as required by
§
49-16A-64, and that plat
specifically sets forth the route of the road to be constructed or reconstructed, identifies
each affected landowner, and specifies the location, along with construction methods and
engineering specifications for all main lines, sidings, yards, bridges, crossings, safety
devices, switches, signals, and maintenance facilities; and
(6) Provides that pipeline companies, electric utilities, public utilities, telecommunication
companies, and rural water systems have the right to the use of the right-of-way for the
placement of facilities, without fee, subject to reasonable regulation as to location and
placement.
Section 8. Whereas, this Act is necessary for the immediate preservation of the public peace,
health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and
effect from and after its passage and approval.
"
Delete pages
2
and
3
.
Moved by:
Senator Symens
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
MOTION:
To recess at 10:00 A.M. to reconvene at a later time.
Moved by:
Senator Hutmacher
Second by:
Senator Symens
Action:
Prevailed by voice vote.
The Committee Reconvened at 3:15 P.M.
MOTION:
AMEND THE AMENDMENT
o-1106e
On the pending amendment (o-1106d), after Section 7, insert:
"
Section 7A. That
§
10-28-16
be amended to read as follows:
10-28-16.
The Department of Revenue shall
,
on or before the fourth Monday in August, each
year, transmit to the county auditor of each county through which any railroad runs, a statement
showing the length of main track, of main line or lines, and the branches thereof and sidetracks
within such county, and the assessed value based on a statewide formula that weights traffic (ton
miles)
seventy-five
thirty-three and one-third
percent and miles of track in the county by
twenty-five
sixty-six and two-thirds
percent. The county auditor shall then distribute the value to each taxing
district where the line runs on a per mile basis within the county.
"
Moved by:
Senator Hutmacher
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(7-0-2-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Halverson
Excused:
Whiting, Rounds
MOTION:
AMEND THE AMENDMENT
o-1106f
On the pending amendment (o-1106d), delete Section 8.
In Section 7, subdivision (6), delete "pipeline companies,".
In Section 7, subdivision (6), line 3, after "placement of" insert "underground".
Moved by:
Senator Rounds
Second by:
Senator Dunn (Jim)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
DO PASS HB 1106 AS AMENDED
Moved by:
Senator Lawler
Second by:
Senator Symens
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
TO AMEND TITLE OF HB 1106
o-1106td
On page
1
,
line
1 of the House engrossed bill
,
after "
railroads
"
insert "
, to revise certain
provisions regarding the right of eminent domain for railroads, and to revise the formula for
assigning assessed railroad valuation to counties
"
.
Moved by:
Senator Rounds
Second by:
Senator Hutmacher
Action:
Prevailed by voice vote.
HB 1198:
revise certain provisions regarding the expenses of state officers and
employees which are reimbursable.
Proponents:
Senator Kleven, Sturgis, South Dakota
Jeff Fox, South Dakota Ag Producers Association
Bob Sahr, Bureau of Personnel
MOTION:
DO PASS HB 1198
Moved by:
Senator Symens
Second by:
Senator Hutmacher
Action:
Prevailed by roll call vote.
(8-1-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Whiting, Rounds,
Halverson
Voting no:
Everist
HB 1240:
declare that the South Dakota Oilseeds Council, the South Dakota
Soybean Research and Promotion Council, and the South Dakota Corn Utilization
Council, are not agencies of the State of South Dakota, to repeal their rulemaking
authority, and to revise other provisions relating to them and the Department of
Agriculture.
Proponents:
Jeff Fox, South Dakota Ag Producers Association
Opponents:
Bob Sahr, Bureau of Personnel
MOTION:
DO PASS HB 1240
Moved by:
Senator Symens
Second by:
Senator Hutmacher
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE HB 1240
Moved by:
Senator Whiting
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(6-3-0-0)
Voting yes:
Dunn (Jim), Munson (David), Everist, Whiting, Rounds, Halverson
Voting no:
Hutmacher, Lawler, Symens
HB 1038:
revise the system of issuing and selling certain licenses, permits, and
stamps by agents of the Department of Game, Fish and Parks, to repeal the
reimbursement to counties for services rendered in such sales, and to provide
additional funds to the state animal damage control fund.
Proponents:
Doug Hansen, Department of Game, Fish, and Parks
Opponents:
Gail Brock, South Dakota Association of Towns and Townships
MOTION:
DO PASS HB 1038
Moved by:
Senator Lawler
Second by:
Senator Munson (David)
Action:
Prevailed by roll call vote.
(9-0-0-0)
Voting yes:
Dunn (Jim), Munson (David), Hutmacher, Lawler, Symens, Everist, Whiting,
Rounds, Halverson
MOTION:
PLACE HB 1038 ON CONSENT
Moved by:
Senator Whiting
Second by:
Senator Munson (David)
Action:
Prevailed by voice vote.
HB 1291:
repeal certain restrictions against lobbying within a year after
termination of service or employment with the state.
Proponents:
Representative Cutler, Claremont, South Dakota
Senator Dennert,Columbia, South Dakota
MOTION:
DO PASS HB 1291
Moved by:
Senator Lawler
Second by:
Senator Hutmacher
Action:
Was not acted on.
MOTION:
SUBSTITUTE MOTION TO TABLE HB 1291
Moved by:
Senator Symens
Second by:
Senator Everist
Action:
Prevailed by roll call vote.
(8-1-0-0)
Voting yes:
Dunn (Jim), Munson (David), Lawler, Symens, Everist, Whiting, Rounds,
Halverson
Voting no:
Hutmacher
MOTION:
ADJOURN
Moved by:
Senator Munson (David)
Second by:
Senator Dunn (Jim)
Action:
Prevailed by voice vote.
Janet Judson
_________________________________
Committee Secretary
Harold Halverson, Chair
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