78th Legislative Session _ 2003

Committee: Senate State Affairs
Wednesday, February 26, 2003

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Duniphan
P    Knudson
P    McCracken
P    Olson (Ed)
P    Sutton (Dan)
P    Symens
P    Vitter
P    Diedrich (Larry), Vice-Chair
P    Bogue, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Senator Eric Bogue

MOTION:     TO APPROVE THE MINUTES OF MONDAY, FEBRUARY 24, 2003

Moved by:    Duniphan
Second by:    Vitter
Action:    Prevailed by voice vote.

          HB 1104: impose an excise tax on the gross receipts of personal communications system, wireless, and cellular telecommunications companies.

MOTION:     AMEND HB 1104

1104ob
     On page 2, line 24 of the House engrossed bill, delete " general " and insert "property tax reduction".

Moved by:    Knudson
Second by:    Diedrich (Larry)
Action:    Prevailed by voice vote.

 MOTION:     DO PASS HB 1104 AS AMENDED

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

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Vitter, Diedrich (Larry), Bogue

Voting No:    Sutton (Dan), Symens

          HB 1026: establish the regents scholarship program.

Proponents:    Tad Perry, SD Board of Regents

MOTION:     AMEND HB 1026

1026of
     On page 2, line 17 of the House engrossed bill, delete " or " and insert "semester and the other half shall be paid at the beginning of the".

     On page 2 , line 23, before " The " insert "If, in any year, the total funds available to finance the scholarship awards are insufficient to permit each eligible recipient to receive the full amount provided in this section, the available monies shall be prorated and distributed to each recipient in proportion to the entitlement contemplated by this section.".

     On page 4 , after line 3, insert:

"

     Section 8. The Board of Regents shall promulgate rules, pursuant to chapter 1-26, to accomplish the purposes of this Act.".

Moved by:    Diedrich (Larry)
Second by:    Duniphan
Action:    Prevailed by voice vote.

MOTION:     AMEND HB 1026


1026og
     On page 1, line 14 of the House engrossed bill, after " Test " insert "and the ACT or SAT test shall be taken before the student graduates from high school".

     On page 2 , line 4, delete " one year " and insert "five years".

     On page 2 , line 6, after " school. " insert "However, eligibility is lost if a student attends full-time a regionally accredited university, college, or technical school located outside South Dakota within the five years following high school graduation or within the one year following release from active military service.".

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

 MOTION:     DO PASS HB 1026 AS AMENDED

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

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Diedrich (Larry), Bogue

Excused:    Vitter

Gavel passed to Vice-Chair Senator Larry Diedrich.

         HB 1173: create a constitutional revision commission to make a comprehensive study of the Constitution of this state and to consider and recommend legislation for the improvement of the Constitution.

Presented by:    Senator Eric Bogue

MOTION:     AMEND HB 1173

1173od
     On page 1, line 6 of the House State Affairs Committee engrossed bill, after " of " insert "Article III of".

     On page 1 , line 7, before " the " insert "Article III of".

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

 MOTION:     AMEND HB 1173

1173oe
     On page 2, line 9 of the House State Affairs Committee engrossed bill, delete " and 2004 " .

     On page 2 , line 9, delete " interims " and insert "interim".

     On page 2 , line 18, delete " sessions in 2004 and " and insert "session in 2004.".

     On page 2 , delete lines 19 and 20 .

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

 MOTION:     DO PASS HB 1173 AS AMENDED

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

Voting Yes:    Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Vitter, Diedrich (Larry), Bogue

Excused:    Duniphan

 MOTION:     TO AMEND TITLE OF HB 1173

1173ota
     On page 1, line 2 of the House State Affairs Committee engrossed bill, after " study of " insert "Article III of".

     On page 1 , line 3, after " of " insert "Article III of".

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

          HB 1196: provide for the periodic review of the agencies of state government.

Presented by:    Senator Eric Bogue

MOTION:     DO PASS HB 1196

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

Voting Yes:    Duniphan, Knudson, McCracken, Olson (Ed), Sutton (Dan), Symens, Vitter, Diedrich (Larry), Bogue

MOTION:     PLACE HB 1196 ON CONSENT CALENDAR

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

         HB 1235: provide for the taxation of wind energy property in South Dakota.

Presented by:    Randy Frederick, Governor's Office
Proponents:    Larry Kerr, self, Highmore
        John DiDonato, FPL Energy, Juno Beach, FL
        Ed Anderson, Rural Electric Assn, SD
        Jim Hood, Missouri River Energy Services
        Bob Miller, SD Electric Utilities
        David Blair, East River Electric Power Cooperative, Inc.

MOTION:     DO PASS HB 1235

Moved by:    Vitter
Second by:    Sutton (Dan)
Action:    Prevailed by roll call vote.(6-0-3-0)

Voting Yes:    Duniphan, Knudson, McCracken, Sutton (Dan), Vitter, Diedrich (Larry)

Excused:    Olson (Ed), Symens, Bogue

         SCR 7: Urging South Dakota State University to not move to National College Athletic Association Division I.

Presented by:    Senator Frank Kloucek
Opponents:    Tad Perry, SD Board of Regents

MOTION:     DEFER SCR 7 TO THE 41ST LEGISLATIVE DAY

Moved by:    McCracken
Second by:    Duniphan
Action:    Prevailed by roll call vote.(6-0-3-0)

Voting Yes:    Duniphan, Knudson, McCracken, Sutton (Dan), Vitter, Diedrich (Larry)

Excused:    Olson (Ed), Symens, Bogue

MOTION:     ADJOURN

Moved by:    Duniphan
Second by:    Vitter
Action:    Prevailed by voice vote.

Nancy Benson

____________________________

Committee Secretary
Eric H. Bogue, Chair

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