84th Legislative Session _ 2009

Committee: Senate State Affairs
Wednesday, March 04, 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 MONDAY, MARCH 2, 2009

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

         HB 1278: clarify certain statutes prohibiting political subdivisions from restricting firearms.

Presented by:    Senator Dennis Schmidt
Proponents:    Zach Lautenschlager, South Dakota Gun Owners (Handout: 1)
        Don Kopp, Self, Rapid City (Handout: 2)
Opponents:    Yvonne Taylor, SD Municipal League (Handouts: 3, 4, 5)
        Arne Brown, Brookings Economic Development Corp.
        Eric Erickson, SD Assn County Commissioners
        Lorin Pankratz, SD County Commissioners


MOTION:     AMEND HB 1278

1278tg

     On page 1 of the printed bill, delete lines 4 to 14, inclusive, and insert:

"      Section 1. That § 8-5-13 be amended to read as follows:

     8-5-13.   No township may pass any ordinance that restricts Except on property owned or leased by the township, other than public highways as defined in § § 31-1-1 and 31-1-4, no township may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the township shall post signs sufficient to notify the public of the restriction.

     Section 2. That § 7-18A-36 be amended to read as follows:

     7-18A-36.   No county may pass any ordinance that restricts Except on property owned or leased by the county, other than public highways as defined in § § 31-1-1 and 31-1-4, no county may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the county shall post signs sufficient to notify the public of the restriction. Nothing in this section prohibits a county from regulating the commercial or industrial use of real property through duly enacted zoning ordinances.

     Section 3. That § 9-19-20 be amended to read as follows:

     9-19-20.   No municipality may pass any ordinance that restricts Except on property owned or leased by the municipality, other than public highways as defined in § § 31-1-1 and 31-1-4, no municipality may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the municipality shall post signs sufficient to notify the public of the restriction. Nothing in this section prohibits a municipality from regulating the commercial or industrial use of real property through duly enacted zoning ordinances. ".


     On page 2, delete lines 1 to 4, inclusive.


Moved by:    Abdallah
Second by:    Turbak Berry
Action:    Prevailed by roll call vote. (6-3-0-0)

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

Voting No:    Gray, Olson (Russell), Rhoden

 MOTION:     DO PASS HB 1278

Moved by:    Knudson
Second by:    Turbak Berry
Action:    Was not acted on.

 MOTION:     SUBSTITUTE MOTION DEFER HB 1278 TO THE 41ST LEGISLATIVE DAY

Moved by:    Olson (Russell)
Second by:    Rhoden
Action:    Failed by roll call vote. (2-7-0-0)

Voting Yes:    Olson (Russell), Rhoden

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

 MOTION:     DO PASS HB 1278 AS AMENDED

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

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

Voting No:    Olson (Russell), Rhoden

 MOTION:     AMEND TITLE OF HB 1278

1278ota

     On page 1, line 1, of the printed bill, delete "clarify certain statutes" and insert "revise certain provisions".


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

         HB 1260: require that a request for proposals be issued for certain state contracts for professional services.

Presented by:    Representative Noel Hamiel
        Senator Jason Gant
Proponents:    Jeff Bloomberg, Bureau of Administration
        David Owen, SD Chamber of Commerce & Industry
        Terrance Dosch, SD Council of Mental Health Centers
        Terrance Dosch, SD Council of Substance Abuse Directors
        Laurie Schultz, Design Professional Corporation
        David Bordewyk, SD Newspaper Association

MOTION:     AMEND HB 1260

1260ob

     On page 2, line 4, of the House Commerce Committee engrossed bill, delete "twenty-five" and insert "fifty".

     On page 3, line 17, after "public" insert "except for proprietary information which shall remain confidential".

     On page 3, delete line 21, and insert:

"

     The provisions of this Act do not apply to contracts issued for:

             (1)    Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;

             (2)    Emergency services necessary to meet an urgent or unexpected requirement or when health and public safety or the conservation of public resources is at risk;

             (3)    Services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;
             (4)    Services for professional legal services and services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;

             (5)    Services involving state or federal financial assistance passed through by a state agency to a political subdivision;

             (6)    Medical services and home and community-based services;

             (7)    Services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public; or

             (8)    Services to be provided by entertainers for the state fair and other events.".


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

 MOTION:     AMEND HB 1260

1260oc

     On page 3, after line 21 of the House Commerce Committee engrossed bill, insert:

"      Section 8. That chapter 5-18 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provisions of law, an agency that is required to issue a decision in a contested case proceeding in one year or less may increase its statutory deadline for issuing the agency decision by sixty days if the agency seeks to enter into a professional services contract covered by this Act.".


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

 MOTION:     DO PASS HB 1260 AS AMENDED

Moved by:    Heidepriem
Second by:    Hanson (Gary)
Action:    Prevailed by roll call vote. (9-0-0-0)

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

         HB 1301: create the South Dakota Ellsworth Development Authority.

Presented by:    Dennis Daugaard, Lt. Governor
Proponents:    Mark Merchen, West River Electric (Handouts: 6, 7, 8)
        Al Dial, Mayor of Box Elder
        David Owen, SD Chamber of Commerce & Industry
        Bruce Rampelberg, Self, Rapid City
        Michael Derby, Self, Rapid City

MOTION:     DO PASS HB 1301

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

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

Excused:    Gray

MOTION:     ADJOURN

Moved by:    Hanson (Gary)
Second by:    Knudson
Action:    Prevailed by voice vote.

Cheri Hauschild

____________________________

Committee Secretary
Thomas A. Dempster, Chair