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89th Legislative Session _ 2014

Committee: Senate State Affairs
Wednesday, March 05, 2014

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Rhoden, Chair
P    Rave, Vice-Chair
P    Brown
P    Holien
P    Lederman
P    Maher
P    Tieszen
P    Frerichs
P    Lucas

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Larry Rhoden, Chair.


MOTION:    TO APPROVE THE MINUTES OF MONDAY, MARCH 3, 2014

Moved by:    Rave
Second by:    Brown
Action:    Prevailed by voice vote.

    HB 1142: enhance the support for public postsecondary technical institutes and to make an appropriation therefor.

Presented by:    Senator Jim White (Handouts: #1, tech institute data)
        Representative Mark Mickelson
Proponents:    Deb Shephard, Lake Area Technical Institute (Handouts: #2, Investing in the workforce)
        David Owen, SD Chamber of Commerce and Industry


        Mark Lee Sioux Falls Chamber of Commerce
        Dwight Neuharth, SD Home Builders Association
        Greg Dean, SD Telecommunications Association
        Brenda Forman, SD Association of Cooperatives
        Kevin Kouba, Otter Tail Power Company
        Julie Johnson, Absolutely Aberdeen
        Julie Johnson, NEW-TEC Inc.
Opponents:    Emily Ward, Bureau of Finance and Management

MOTION:    AMEND HB 1142

1142yc

    On page 1, line 7, of the House State Affairs Committee engrossed bill, after "institute" insert "and other LEA career and technical education purposes".

    On page 2, line 1, after "institute" insert "and other LEA career and technical education purposes".

    On page 2, line 10, after "institute" insert "and other LEA career and technical education purposes".

    On page 3, line 3, after "LEA" insert ", which shall be an LEA and a public body under chapter 1-16A. Upon establishment of such a separate LEA, the school district shall assign to, and the newly established separate LEA shall expressly assume, all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized under §§ 13-39-66 to 13-39-71, inclusive, and any and all instruments and other agreements related thereto".

    On page 3, delete line 5, and insert "in excess of nineteen million four hundred twenty-four thousand five hundred eighty-six dollars available as a result of the".

    On page 4, after line 2, insert:

"    Section 12. That § 1-16A-95 be amended to read as follows:

    1-16A-95. Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Education under the authority of chapter 13-39 shall be approved by the Legislature before issuance. This requirement, however, does not apply to the issuance of bonds for the purposes

of refinancing or refunding existing bonds, notes, or other obligations.

    Section 13. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".



Moved by:    Rave
Second by:    Brown
Action:    Was not acted on.

MOTION:    SUBSTITUTE MOTION AMEND HB 1142

1142oa

    On page 1, line 7, of the House State Affairs Committee engrossed bill, after "institute" insert "and other career and technical education purposes".

    On page 2, line 1, after "institute" insert "and other career and technical education purposes".

    On page 2, line 10, after "institute" insert "and other career and technical education purposes".

    On page 3, line 3, after "LEA" insert ", which shall be an LEA and a public body under chapter 1-16A. Upon establishment of such a separate LEA, the school district shall assign to, and the newly established separate LEA shall expressly assume, all rights, covenants and obligations of the school district in connection with any lease purchase agreement or sublease authorized under §§ 13-39-66 to 13-39-71, inclusive, and any and all instruments and other agreements related thereto".

    On page 3, delete line 5, and insert "in excess of nineteen million four hundred twenty-four thousand five hundred eighty-six dollars available as a result of the".

    On page 4, after line 2, insert:

"    Section 12. That § 1-16A-95 be amended to read as follows:

    1-16A-95. Beginning on July 1, 2013, the issuance of any additional bonds, notes, or other obligations of the authority which are payable out of receipts, rentals, and other payments made pursuant to lease purchase agreements with the Western Dakota Technical Institute, the Southeast Technical Institute, the Lake Area Technical Institute, the Mitchell Technical Institute, or the South Dakota Board of Education under the authority of chapter 13-39 shall be approved by the Legislature before issuance. This requirement, however, does not apply to the issuance of bonds for the purposes

of refinancing or refunding existing bonds, notes, or other obligations.

    Section 13. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".



Moved by:    Brown
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    AMEND HB 1142

1142yb

    On page 3, between lines 8 and 9 of the House State Affairs Committee engrossed bill, insert:

"    Section 7. The postsecondary technical institutes facilities fund shall be terminated and the balance transferred to the postsecondary technical institute equipment fund provided the collateral requirements associated with the postsecondary technical institute facilities fund have been released or satisfied.".



Moved by:    Brown
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1142 AS AMENDED

Moved by:    Rave
Second by:    Brown
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Rave, Brown, Holien, Lederman, Maher, Tieszen, Frerichs, Lucas


MOTION:    AMEND TITLE OF HB 1142

1142ytc

    On page 1, delete line 2, of the House State Affairs Committee engrossed bill, and insert "institutes, to make an appropriation therefor, and to declare an emergency.".


Moved by:    Rave
Second by:    Brown
Action:    Prevailed by voice vote.

    HB 1177: restrict the regulation by local governments of distracted or inattentive driving, to prohibit the use of certain handheld electronic wireless communication devices, and to provide a penalty therefor.

Presented by:    Senator Ryan Maher
Proponents:    Representative Brian Gosch (Handouts: #3, discrepancies in distracted driving ordances)
        Myron Rau, SD Trucking Association
        Matthew McCaulley, Alliance of Automobile Manufacturers
        Dick Tieszen, State Farm Insurance
        Bob Miller, Dakota Transit Association
        Justin Bell, SD State Medical Association
        Mike Shaw, Property Casualty Insurance Association of America
        Maynard Konechne, SD Emergency Medical Services Association
Opponents:    Yvonne Taylor, SD Municipal League; SD Police Chief's Assoc (Handouts: #4, traffic laws)
        Steve Allender, City of Rapid City; Police Chiefs Assoc., Rapid City, SD
        Senator Mike Vehle

MOTION:    AMEND HB 1177

1177og

    On page 2, line 24, of the House Judiciary Committee engrossed bill, after "exclusive" insert "governmental".
        


Moved by:    Brown
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    DO PASS HB 1177 AS AMENDED

Moved by:    Lederman
Second by:    Maher
Action:    Prevailed by roll call vote. (5-4-0-0)

Voting Yes:    Rhoden, Rave, Lederman, Maher, Frerichs

Voting No:    Brown, Holien, Tieszen, Lucas

    HB 1194: establish certain requirements relating to the crossings of railroad rights-of-way by utilities.

Presented by:    Senator Corey Brown
Proponents:    Margo Northrup, SD Association of Rural Water Systems
        Heath Thompson, Sioux Rural Water, Watertown, SD
        Steve Harper, WEB Water, Aberdeen, SD
        Melissa Maher, Moreau Grand Elec., Timber Lake, SD
Others:    Gary Hanson, PUC Chairman

MOTION:    AMEND HB 1194

1194ta

    On page 1, line 6, of the House Transportation Committee engrossed bill, delete everything after "including" .

    On page 1, line 7, delete everything before "." and insert "a drawing showing the location of the proposed crossing and the railroad's property, tracks, and wires that the utility will cross".

    On page 1, line 9, after "." insert "The application shall be accompanied by the crossing fee as set forth in section 3 of this Act, and a certificate of insurance as required by section 4 of this Act.".

    On page 1, line 10, delete "utility has submitted" and insert "receipt by the railroad of".

    On page 1, delete lines 11 to 14, inclusive, and insert "application, the fee, and certificate of insurance, the utility may commence the construction of the crossing, unless".

    On page 2, line 1, delete everything before "that" and insert "the railroad notifies the utility in writing".

    On page 2, line 2, delete "an objection".

    On page 2, line 7, delete "roads of the state" and insert "right-of-way".

    On page 2, after line 11, insert: "The utility shall also reimburse the railroad for any reasonable flagging expense associated with a crossing in addition to the standard crossing fee. No crossing fee is required if the crossing is located within a public right-of-way.

    Section 4. The certificate of insurance submitted by a municipality shall include commercial general liability insurance with a combined single limit of a minimum of one million dollars for each occurrence and an aggregate limit of at least two million dollars. The certificate of insurance submitted by any other utility shall include commercial general liability insurance with a combined single limit of a minimum of two million dollars for each occurrence and an aggregate limit of at least four million dollars.".


    On page 2, between lines 23 and 24, insert:

"    Section 5. If a railroad imposes additional requirements upon a utility for crossing its lines, the utility may object to one or more of the requirements. In such event, the utility shall provide notice of the objection and the specific basis of the objection to the railroad by certified mail, return receipt requested. If the parties are unable to resolve the objection, either party may petition the Public Utilities Commission for resolution or modification of the additional requirements within sixty days from receipt of the objection. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the objection. If a petition is filed, the Public Utilities Commission shall determine, after notice and opportunity for hearing, whether special circumstances exist that necessitate additional requirements for the placement of the crossing within one hundred twenty days of filing of the petition. The order may be appealed pursuant to chapter 1-26. The Public Utilities Commission shall assess the costs associated with a petition equitably against the parties.".


    On page 3, line 12, delete "a railroad" and insert "any association or corporation, or other entity, engaged in operating a common carrier by rail or".

    On page 3, line 17, delete everything after "Utility," and insert "electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system;

            (4)    "Crossing," the construction, operation, repair, or maintenance of a line over, under, or across a railroad right-of-way by a utility. The term does not include longitudinal occupancy of railroad right-of-way."

    On page 3, delete lines 18 and 19.


Moved by:    Rave
Second by:    Brown
Action:    Was not acted on.

Senator Rhoden, Chair, deferred further action until Monday, March 10th.

    HCR 1027: Commending, honoring, and thanking each of the current and former Congressmen and Congresswomen who have served South Dakota.

Presented by:    Senator Tim Begalka
Proponents:    Representative Stace Nelson (Handouts: #5, HCR #1027)

MOTION:    TO TABLE HCR 1027

Moved by:    Lederman
Second by:    Lucas
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Rave, Brown, Holien, Lederman, Maher, Tieszen, Frerichs, Lucas

    SCR 6: Expressing the Legislature's support for citizens and communities in eastern South Dakota impacted by severe high water conditions over the last two decades.

Presented by:    Senator Jason Frerichs

MOTION:    AMEND SCR 6

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    On page 2 of the printed resolution, delete lines 16 to 19, inclusive.

    On page 3, delete lines 10 to 12, inclusive, and insert "for all those affected to come together to resolve these issues for the betterment of their communities and South Dakota.".


Moved by:    Lederman
Second by:    Rave
Action:    Prevailed by voice vote.

MOTION:    DO PASS SCR 6 AS AMENDED

Moved by:    Brown
Second by:    Frerichs
Action:    Prevailed by roll call vote. (9-0-0-0)

Voting Yes:    Rhoden, Rave, Brown, Holien, Lederman, Maher, Tieszen, Frerichs, Lucas

MOTION:    ADJOURN

Moved by:    Tieszen
Second by:    Frerichs
Action:    Prevailed by voice vote.

Jill Wellhouse

_______________________________

Committee Secretary
Larry Rhoden, Chair


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