Senate State Affairs Minutes 02/19/2003 7:45 AM

78^th Legislative Session _ 2003

Committee: Senate State Affairs

Wednesday, February 19, 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 FRIDAY, FEBRUARY 14, 2003

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

         SB 185: revise certain provisions concerning the investment of the funds of the Health and Education Facilities Authority.

Presented by:    Senator Tom Dempster
Proponents:    Jeremiah D. Murphy, SD Health & Educational Facilities Authority

MOTION:     DO PASS SB 185

Moved by:    Duniphan
Second by:    Vitter

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 SB 185 ON CONSENT CALENDAR

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

         SB 116: revise certain provisions regarding the tax on certain telecommunication services.

Presented by:    Senator Royal "Mac" McCracken
Proponents:    John McNamara, AT&T
        Jeremiah D. Murphy, QWEST

MOTION:     AMEND SB 116

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

In the case of a bundled transaction of telecommunications services, if the charges are attributable to services that are taxable and services that are nontaxable, the portion of the price attributable to the nontaxable services shall be subject to tax unless the provider can reasonably identify such portion from its books and records kept in the regular course of business for other purposes."

Moved by:    Knudson
Second by:    Olson (Ed)
Action:    Prevailed by voice vote.

MOTION:     DO PASS SB 116 AS AMENDED

Moved by:    Knudson
Second by:    Olson (Ed)

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:     TO AMEND TITLE OF SB 116

On page 1, line 1 of the printed bill, delete " revise " and insert "provide".

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

         SB 205: prohibit use of state dollars for certain deficits at South Dakota State University.

Presented by:    Senator Frank Kloucek (Document #1)
Opponents:    Tad Perry, SD Board of Regents (Document #2)

MOTION:     TO TABLE SB 205

Moved by:    Olson (Ed)
Second by:    Duniphan
Action:    Prevailed by roll call vote.(9-0-0-0)

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

         SJR 1: Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and legislative term limits.

Presented by:    Senator Sam Nachtigal

MOTION:     DEFER SJR 1 TO THE 41^ST LEGISLATIVE DAY

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

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

Voting No:    Vitter

         SB 130: centrally assess certain wireless, cellular, and personal communications system telecommunications companies.

Presented by:    Senator Jerry Apa
Proponents:    Greg Dean, SD Telecommunications Assn.
        Richard Howard, SD Assn. Of County Commissioners
Opponents:    Dennis Duncan, Verizon Wireless (Document #3)
        Jim Hood, Brookings Municipal Utilities

MOTION:     DO PASS SB 130

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

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

Excused:    Diedrich (Larry)

         HB 1075: designate rodeo as the official sport of South Dakota.

Presented by:    Representative Larry Rhoden
Proponents:    Tommy Tibbitts, self, Allen (Document # 4)
        Jordan Bogenrief, self, Madison
        Danci Anderson, Miss Rodeo SD, Meadow
        Tara Trask, Miss South Dakota High School Rodeo, Wall
        Paul Tierney, self, Oral
        Willie Cowan, self, Pierre
        Ron Riggs, self, Allen
        Clint Farlee, SD Assn. County Commissioners
        Mark Hollenbeck, SD Stockgrowers

MOTION:     DO PASS HB 1075

Moved by:    Vitter
Second by:    Duniphan
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:     REMOVE SB 153 FROM THE TABLE

Moved by:    Vitter
Second by:    Duniphan
Action:    Prevailed by roll call vote.(9-0-0-0)

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

         SB 153: modify the requirements for reporting official board of county commissioner proceedings.

Proponents:    Yvonne Taylor, SD Municipal League (Document #5)
        Dianna Miller, ESD + 6
Opponents:    David Bordewyk, SD Newspaper Assn.

MOTION:     AMEND SB 153

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 17-2 be amended by adding thereto a NEW SECTION to read as follows:

Any publication required to be published by any public corporation or political subdivision in a legal newspaper shall bear an inscription listing the newspaper and the approximate cost of publication of the notice, report, ordinance, resolution, or any other required publication. The style of the inscription shall be as follows: "This required notice was published by _______________ (inserting name of newspaper) at the cost of __________ (inserting cost of the required publication) taxpayer dollars." The newspaper shall provide this information and publish the same at no charge to the public corporation or political subdivision."

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

MOTION:     DO PASS SB 153 AS AMENDED

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

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

Voting No:    Diedrich (Larry)

MOTION:     TO AMEND TITLE OF SB 153

On page 1, line 1 of the printed bill, delete everything after " to " and insert "require the publication of certain information related to public notices.".

On page 1 , delete line 2 .

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

MOTION:     ADJOURN

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

____________________________

Committee Secretary

Eric H. Bogue, Chair

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