Senate State Affairs Minutes 02/15/2002 7:30 AM

77^th Legislative Session _ 2002

Committee: Senate State Affairs

Friday, February 15, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Brosz
P    Daugaard
P    Hutmacher
P    Munson
P    Sutton (Dan)
P    Symens
P    Whiting
P    Brown (Arnold), Vice-Chair
P    Everist, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Barbara Everist, Chair

MOTION:     TO APPROVE THE MINUTES OF WEDNESDAY, FEBRUARY 13, 2002

Moved by:    Brown (Arnold)
Second by:    Brosz
Action:    Prevailed by voice vote.

         HJR 1009: Proposing and submitting to the electors at the June 2002 primary election amendments to Article XVII of the Constitution of the State of South Dakota, relating to restrictions on corporate farming.

Presented By:    previously heard
Proponents:    Mary Duvall, South Dakota Farm Bureau
        Brenda Forman, South Dakota Association of Coops
Opponents:    Representative Kloucek(document #1)
        Harlan Stoley

MOTION:     DO PASS HJR 1009

Moved by:    Symens
Second by:    Munson
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

         HB 1168: provide for a study of the legislative article of the South Dakota Constitution.

Presented By:    Representative Bill Peterson

MOTION:     AMEND HB 1168

On page 1, line 4 of the House State Affairs Committee engrossed bill, delete " an interim " and insert "a commission".

On page 1 , line 5, delete " legislative committee " .

On page 1 , line 5, delete " committee " and insert "commission".

Moved by:    Brosz
Second by:    Whiting
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1168 AS AMENDED

Moved by:    Daugaard
Second by:    Brosz
Action:    Prevailed by roll call vote.(9-0-0-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

         HB 1279: establish the South Dakota Municipal Facilities Authority, to provide for the establishment of one or more special purpose corporations by the South Dakota Municipal Facilities Authority, to establish the powers of the South Dakota Municipal Facilities Authority and each such corporation, including the power to

acquire, own, lease, sublease and dispose of certain land, improvements and capital equipment comprising all or a portion of any municipal facilities, including any system or part of a system of waterworks, sewage or waste disposal, and to establish or confirm the powers of the state, the Department of Environment and Natural Resources, the Board of Water and Natural Resources, the South Dakota Conservancy District and municipalities and other public entities of the state in connection therewith.

Presented By:    previously heard
Proponents:    Scott Scofield, ALLCO Ventures
        Jim Wavle, ALLCO Finance Corporation

MOTION:     AMEND HB 1279(pending amendment carried from previous meeting)

On page 3, line 4 of the House State Affairs Committee engrossed bill, delete " the " .

On page 3 , line 23, delete " subdistrict " and insert "water project district".

On page 3 , line 24, after " other " insert "political subdivision or".

On page 4 , line 17, after the first "entity" insert "or nonprofit corporation".

On page 4 , line 17, after the second "entity" insert "or a nonprofit corporation".

On page 4 , line 18, after " entity " insert "or a nonprofit corporation".

On page 6 , line 18, delete " not " .

On page 6 , line 19, delete " not " .

On page 7 , line 1, delete " delegate by " and insert "upon mutual agreement of the Department of Environment and Natural Resources delegate by resolution any duties or obligations to the department.".

On page 7 , delete line 2 .

On page 7 , line 16, delete " and " and insert "or".

On page 7 , line 16, after " may " insert "take title to or".

On page 10 , line 12, after " section " insert "; and

(8) To pool or cross-collateralize any leases, contracts or other agreements or assets in order to secure any obligations, leases, contracts or other agreements or arrangements".

On page 11 , line 7, after " engineers, " delete " attorneys, " .

On page 13 , line 6, after " paid " insert "or payment has been duly provided for".

On page 14 , line 22, after " otherwise " insert "any utility property and may construct, complete, remodel, maintain and equip such utility property and".

On page 14 , line 24, after " interest, " insert "the state,".

On page 15 , line 2, after " otherwise, " insert "any other municipal facilities and may".

On page 15 , line 7, after " lease " insert "or other contract or agreement".

On page 19 , line 22, delete " or other public entity " and insert ", other public entity or nonprofit corporation".

On page 20 , line 10, after " state, " insert "the Board of Water and Natural Resources, the South Dakota Conservancy District,".

On page 20 , line 13, delete " The governing body of a " and insert "A".

On page 20 , line 13, after " resolution " insert "of its governing body".

On page 20 , line 18, after " For " delete " the " and insert "all".

On page 21 , line 6, delete " and " .

On page 21 , line 12, after " body " insert "; (6) the provisions of § 9-40-25 shall not apply to utility property described herein; and (7) bonds which have been defeased or for which payment has been provided for by virtue of an arrangement involving an irrevocable deposit of investments described in § 4-5-26 shall be deemed paid in full for all purposes under chapter 9-40".

On page 22 , line 3, after " or " insert "any".

On page 22 , line 3, delete " of such " and insert "of a".

On page 22 , line 4, delete " or investors " and insert ", investors or other persons".

On page 23 , line 11, delete " charged " and insert "charter".

Moved by:    Everist
Second by:    Sutton (Dan)
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1279

On page 4, line 4 of the House State Affairs Committee engrossed bill, after " Resources " insert "or any other department, agency or authority of the state designated by the Governor".

On page 7 , delete lines 1 and 2 .

On page 19 , line 6, delete everything after " state " and insert ", a certified copy of which instrument or agreement shall be filed with the Legislature. Upon the filing".

On page 19 , delete lines 7 to 9 , inclusive.

On page 19 , line 10, delete everything after " agreement " ,.

On page 19 , line 11, delete " Environment and Natural Resources " .

On page 22 , delete lines 11 to 24 , inclusive.

On page 23 , delete lines 1 to 5 , inclusive.

Moved by:    Brown (Arnold)
Second by:    Munson
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1279

On page 5, line 13 of the House State Affairs Committee engrossed bill, after " his " insert "or her".

On page 13 , line 18, delete " statues " and insert "statutes".

On page 14 , line 18, after " his " insert "or her".

Moved by:    Symens
Second by:    Brosz
Action:    Prevailed by voice vote.

MOTION:     DO PASS HB 1279 AS AMENDED

Moved by:    Brown (Arnold)
Second by:    Brosz
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Hutmacher

MOTION:     TO AMEND TITLE OF HB 1279

On page 1, line 7 of the House State Affairs Committee engrossed bill, after " powers " insert "and liabilities".

Moved by:    Sutton (Dan)
Second by:    Symens
Action:    Prevailed by voice vote.

         HB 1294: revise and supplement certain powers of the South Dakota Building Authority and to declare an emergency.

Presented By:    Representative Bill Peterson
Proponents:    Curt Everson, Bureau of Finance and Management
Opponents:    Representative Mary Glenski(document #2)

MOTION:     DO PASS HB 1294

Moved by:    Daugaard
Second by:    Brown (Arnold)
Action:    Prevailed by roll call vote.(8-1-0-0)

Voting Yes:    Brosz, Daugaard, Munson, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Voting No:    Hutmacher

HJR 1003: Proposing and submitting to the electors at the next general election an amendment to Article XII, Section 2 of the Constitution of the State of South Dakota, relating to expenditures from funds established by a two-thirds vote of both houses of the Legislature.

The gavel was passed to Senator Arnold Brown, Vice-Chair.

Presented By:    Representative Duane Sutton
Proponents:    Senator Apa
        Ron Olinger, South Dakota Horsemen Association
        Jerry Wheeler, The No More Taxes Coalition(document #3)
Opponents:    Curt Everson, Bureau of Finance and Management

MOTION:     DO PASS HJR 1003

Moved by:    Hutmacher
Second by:    Munson
Action:    Was not acted on.

The Vice-Chair deferred HJR 1003 until Tuesday, February 19, 2002.

MOTION:     CONFIRM APPOINTMENT OF KELLY WHEELER, HUGHES COUNTY, PIERRE, SOUTH DAKOTA, TO THE CAREER SERVICE COMMISSION

Moved by:    Brosz
Second by:    Sutton (Dan)
Action:    Prevailed by roll call vote.(8-0-1-0)

Voting Yes:    Brosz, Daugaard, Hutmacher, Sutton (Dan), Symens, Whiting, Brown (Arnold), Everist

Excused:    Munson

MOTION:     ADJOURN

Moved by:    Symens
Second by:    Hutmacher
Action:    Prevailed by voice vote.

Alice Christensen

____________________________

Committee Secretary

Barbara Everist, Chair

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