JOURNAL OF THE SENATE

SEVENTY-NINTH SESSION  



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 20, 2004

     The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Jordan Fink.

     Roll Call: All members present except Sen. Brown who was excused.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-seventh day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Eric H. Bogue, Vice Chair

     Which motion prevailed and the report was adopted.
HONORED GUESTS


     The President introduced Sheila Hansen, Spearfish, who has organized the writing of biographies of over 2,000 soldiers killed in action in World War II and the Korean War, to the body.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of George Nikolas of Brown County, Aberdeen, South Dakota, to the South Dakota Railroad Authority.

    The question being "Does the Senate advise and consent to the appointment of George Nikolas pursuant to the executive message as found on page 450 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Brown; LaPointe

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1073, 1091, 1227, and 1231 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1297 and returns the same with the recommendation that said bill be amended as follows:


1297oc

     On page 1, line 4 of the House State Affairs Committee engrossed bill, delete " or political " .

     On page 1 , line 5, delete " subdivisions " .

1297od

     On page 1, line 6 of the House State Affairs Committee engrossed bill, delete " conceded " and insert "granted".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Curt Jones of Marshall County, Britton, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1247 and tabled the same.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1145 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1211 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB 1052, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1052jb

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

    "Section 1. That § 10-44-2 be amended to read as follows:

     10-44-2.   Any company doing insurance business in this state shall pay a tax at the rates specified in this section. The tax shall be paid to the Division of Insurance at the time the company files its annual statement, or, if no annual statement is required, then before March first of each year.

     If, during the previous year, a company paid more than five thousand dollars in premium taxes in this state, the company shall submit payments equal to one-quarter of the previous year's premium taxes to the Division of Insurance on April thirtieth, July thirty-first, October thirty-first, and January thirty-first. The quarterly payments shall be credited against the amount due from the company at the time the company files its annual statement, or if no annual statement is required, then on March first of each year. The director of the Division of Insurance may waive the requirement in writing for quarterly payments or reduce the amount of deposit if the director finds the requirement would impose an undue premium tax on a company because of a significant decline in sales within the state. If the sum of the quarterly payments exceeds the total taxes due, the director shall credit the overpayment against subsequent amounts due or, if requested in writing at the time the company files its annual statement, refund the overpayment to the company. If the overpayment cannot be credited, there is excess remaining after the credit is taken on the annual statement, or the refund is not requested, the division may refund the amount overpaid by May first of the following year. The rates are:

             (1)    On each domestic company, two and one-half percent of premiums , except for life insurance policies, other than credit life as defined in chapter 58-19, of a face amount of seven thousand dollars or less, for which the rate is one and one-fourth percent of premiums; and one and one-fourth percent of the consideration for annuity contracts. However, the rate for life insurance and annuities shall be computed as follows:

             (a)    Two and one-half percent of premiums for a life policy on the first one hundred thousand dollars of annual premium, and eight one-hundredths of a percent for that portion of the annual life premiums exceeding one hundred thousand dollars; and

             (b)    One and one-fourth percent of the consideration for annuity contracts on the first five hundred thousand dollars of consideration for annuity contracts, and eight one-hundredths of a percent for that portion of the consideration on annuity contracts exceeding five hundred thousand dollars.
                 The tax also applies to premiums for insurance written on individuals residing outside this state or property located outside this state if no comparable tax is paid by the direct writing company to any other appropriate taxing authority. However, the tax applies only to premiums for insurance written after July 1, 1980, on individuals residing outside of the United States;

             (2)      On each foreign company the rate shall be computed as follows:

             (a)    Two and one-half percent of premiums , except for life insurance policies, other than credit life as defined in chapter 58-19, of a face amount of seven thousand dollars or less, for which the rate is one and one-fourth percent of premiums . However, for that portion of the life insurance premiums exceeding one hundred thousand dollars annually, the rate shall be eight one-hundredths of a percent; and

             (b)    One and one-fourth percent of the consideration for annuity contracts on the first five hundred thousand dollars of consideration for annuity contracts, and eight one-hundredths of a percent for that portion of the consideration on annuity contracts exceeding five hundred thousand dollars;

             (3)      On each insurer not licensed or not authorized to do business in this state, the rate shall be computed as follows:

             (a)    Two and one-half percent of premiums , except for life insurance policies, other than credit life as defined in chapter 58-19, of a face amount of seven thousand dollars or less, for which the rate is one and one-fourth percent of premiums . However, for that portion of the life insurance premiums exceeding one hundred thousand dollars annually, the rate shall be eight one-hundredths of a percent; and

             (b)    One and one-fourth percent of the consideration for annuity contracts on the first five hundred thousand dollars of consideration for annuity, and eight one- hundredths of a percent for that portion of the consideration on annuity contracts exceeding five hundred thousand dollars;

             (4)      Fourteen dollars for each insurance policy issued or renewed for workers' compensation coverage.

     Revenue from subdivision (4) of this section shall be deposited in the insurance operating fund of the state treasury and is dedicated to the Department of Labor for purposes of automating the administration of the workers' compensation law and supporting the Workers' Compensation Advisory Council. "

1052jtb

     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise the premium tax on certain small life insurance policies."
     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HCR  1012 and returns the same with the recommendation that said resolution be concurred in.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration the nomination of Linda Barker of Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1185, 1239, and 1285 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1304 and 1305 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1029 and tabled the same.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1303 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

 Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1182 and returns the same with the recommendation that said bill be amended as follows:

1182ff

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

    "Section 1. That § 9-55-10 be amended to read as follows:

     9-55-10.   If a hearing is held under subdivision 9-55-7(2), the governing body shall:

             (1)      Hear all protests and receive evidence for or against the proposed action;

             (2)      Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and

             (3)      Continue the hearing from time to time as the governing body may deem necessary.

     If a special assessment is to be used, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the assessable front footage in the proposed district. If an occupation tax is to be used, the proceedings shall terminate if protest is made by the users of a majority of the space in the proposed district. If the general occupational tax is based upon rented hotel and motel rooms pursuant to §  9-55-13, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the hotels and motels in the proposed district.

    Any bonds for the construction of a convention facility that are payable from the proceeds of the hotel and motel room general occupational tax may only be issued and sold if at least two- thirds of the hotel and motel owners in the proposed district approve in writing of the issuance and sale of the bonds. "


     And that as so amended said bill do pass.

Respectfully submitted,
John Koskan, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1053 and 1282 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Vivian Asmussen of Hughes County, Pierre, South Dakota, to the Commission on Human Rights and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Theodore J. Pins of Lake County, Wentworth, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1298 and tabled the same.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1275 and 1292 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Patricia de Hueck, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 8, 12, 13, 22, 23, 27, 39, 43, 68, 77, 93, 104, 106, 107, 117, 131, 148, 172, 184, 199, 202, and 203 and finds the same correctly enrolled.

Respectfully submitted,
Eric H. Bogue, Vice Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 66, 167, 188, and 193 which have been amended by the House and your concurrence in the amendments is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 8, 12, 22, 23, 27, 39, 68, 104, 106, 107, 131, 148, 184, 199, 202, and 203 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1015 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 127 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. McCaulley, Madsen, and Valandra as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 15.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Saturday, February 21, the 29th legislative day.

     Which motion prevailed.

     Sen. McCracken moved that the Senate do concur in House amendments to SB 37.

     The question being on Sen. McCracken's motion that the Senate do concur in House amendments to SB 37.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
de Hueck; Kleven

     Excused:
Brown

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Ed Olson moved that the Senate do concur in House amendments to SB 50.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 50.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Moore

     Excused:
Brown

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Albers moved that the Senate do concur in House amendments to SB 51.

     The question being on Sen. Albers' motion that the Senate do concur in House amendments to SB 51.

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Ham-Burr; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Apa; Greenfield; Jaspers; Koskan; Napoli

     Excused:
Brown

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

    Sen. Symens moved that the Senate do concur in House amendments to SB 86.

     Sen. de Hueck moved as a substitute motion that the Senate do not concur in House amendments to SB 86 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed.

     Sen. Schoenbeck moved that the Senate do concur in House amendments to SB 95.

     The question being on Sen. Schoenbeck's motion that the Senate do concur in House amendments to SB 95.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Brown

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

    Sen. LaPointe moved that the Senate do concur in House amendments to SB 209.

     Sen. Moore moved as a substitute motion that the Senate do not concur in House amendments to SB 209 and that no committee be appointed.

    With the unanimous approval of the Senate, Sen. Moore withdrew his substitute motion that the Senate do not concur in House amendments to SB 209 and that no committee be appointed.

     Sen. Moore moved as a substitute motion that the Senate do not concur in House amendments to SB 209 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Sen. Kloucek requested a roll call vote.

    Which request was supported.

     The question being on Sen. Moore's substitute motion that the Senate do not concur in House amendments to SB 209 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; de Hueck; Dennert; Duxbury; Earley; Ham-Burr; Kleven; Kloucek; Koetzle; Kooistra; Koskan; Kurtenbach; Moore; Nachtigal; Napoli; Reedy; Schoenbeck; Sutton (Dan); Symens; Vitter

     Nays:
Bogue; Dempster; Duenwald; Duniphan; Greenfield; Jaspers; Kelly; Knudson; LaPointe; McCracken; Olson (Ed); Sutton (Duane)

     Excused:
Brown

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

     HCR 1014:   A CONCURRENT RESOLUTION,   Requesting the Congressional Delegation of the State of South Dakota to continue their support for the passage of the Omnibus Energy Bill.

    Was read the second time.

     Sen. Duenwald moved that the Senate do concur in HCR 1014 as found on page 613 of the House Journal.

     The question being on Sen. Duenwald's motion that the Senate do concur in HCR 1014.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Brown

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.

     Yesterday, Sen. Vitter announced his intention to reconsider the vote by which HB 1098 lost.

     Sen. Vitter moved that the Senate do now reconsider the vote by which HB 1098 lost.

     The question being on Sen. Vitter's motion to reconsider the vote by which HB 1098 lost.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter


     Excused:
Brown

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1098 was up for reconsideration and final passage.

     HB 1098:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to referendums in county road districts.

     Having had its second reading was up for reconsideration and final passage.

     The question being "Shall HB 1098 pass?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; de Hueck; Dennert; Duenwald; Duniphan; Duxbury; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Koetzle; Kurtenbach; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Apa; Bogue; Dempster; Earley; Knudson; Kooistra; Koskan; LaPointe

     Excused:
Brown

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

MOTIONS AND RESOLUTIONS


     HCR 1015:   A CONCURRENT RESOLUTION,   Urging the South Dakota Board of Education to integrate the principles of basic personal finance into the public school curricula in South Dakota.

     Was read the first time and the President waived the committee referral and placed HCR 1015 on the calendar of Saturday, February 21, the 29th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES


     Sen. Bogue moved that the report of the Standing Committee on

     Education on HB 1307 as found on page 565 of the Senate Journal be adopted.


     Which motion prevailed and the report was adopted.

     Sen. Duenwald moved that HB 1258 which was reported out of committee without recommendation be placed on the calendar.

     The question being on Sen. Duenwald's motion that HB 1258 which was reported out of committee without recommendation be placed on the calendar.

     And the roll being called:

     Yeas 13, Nays 21, Excused 1, Absent 0

     Yeas:
Apa; Bogue; Duenwald; Duxbury; Greenfield; Kleven; Kloucek; Koskan; Nachtigal; Napoli; Sutton (Dan); Symens; Vitter

     Nays:
Abdallah; Albers; de Hueck; Dempster; Dennert; Duniphan; Earley; Ham-Burr; Jaspers; Kelly; Knudson; Koetzle; Kooistra; Kurtenbach; LaPointe; McCracken; Moore; Olson (Ed); Reedy; Schoenbeck; Sutton (Duane)

     Excused:
Brown

     So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

     There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 183 was tabled.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1142, 1176, and 1221.

Respectfully,
Karen Gerdes, Chief Clerk
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1309:   FOR AN ACT ENTITLED, An Act to   increase the number of physicians that can participate in the physician tuition reimbursement program.

     Was read the second time.

     The question being "Shall HB 1309 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Abdallah; Brown

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     Sen. McCracken moved that HB 1202 be deferred to Monday, February 23, the 30th legislative day.

     Which motion prevailed.

     HB 1235:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to pull- tab dispensing machines.

     Was read the second time.

     The question being "Shall HB 1235 pass?"

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Apa; Bogue; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kloucek; Koetzle; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter


     Nays:
Albers; de Hueck; Kelly; Kleven; Knudson; Kooistra

     Excused:
Brown; Symens

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     HB 1248:   FOR AN ACT ENTITLED, An Act to   permit counties, in the absence of an organized township, to maintain, and improve certain public rights-of-way.

     Was read the second time.

     Sen. de Hueck moved that HB 1248 be deferred to Monday, February 23, the 30th legislative day.

     Which motion prevailed.

     HB 1074:   FOR AN ACT ENTITLED, An Act to   prohibit the providing of false or misleading information to the Public Utilities Commission and to provide a penalty therefor.

     Having had its second reading was up for consideration and final passage.

     The question being "Shall HB 1074 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Symens

     Nays:
Abdallah; Albers; Apa; Bogue; de Hueck; Greenfield; Kooistra; Koskan; Napoli; Sutton (Duane); Vitter

     Excused:
Brown

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.


      HB 1183:   FOR AN ACT ENTITLED, An Act to   provide the temporary replacement of any elected official incapacitated by illness or accident.

     Was read the second time.

1183ta

     Sen. Duane Sutton moved that HB 1183 be further amended as follows:

     On page 1, line 6 of the House Local Government Committee engrossed bill, after " body " insert "or any other elected officer".

     On page 1 , line 7, after " member " insert "or officer".

     On page 1 , line 8, after " body " insert "or fulfill the duties of the office".

     On page 1 , line 9, after " body " insert "or office".

     On page 1 , line 10, delete " such governing body. If the member " and insert "the governing body or office. If the member or officer".

     On page 1 , line 11, after " member's " insert "or officer's".

     On page 1 , line 12, after " member " insert "or officer".

     On page 1 , line 12, delete " from such governing body " .

     On page 1 , delete lines 14 and 15 , and insert "body or office. The temporary member or officer shall serve until the member or officer is able to fulfill the requirements of office or until the expiration of the member's or officer's term, whichever comes first."

     Which motion prevailed.

     The question being "Shall HB 1183 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Apa; Bogue; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Vitter

     Nays:
Albers; Moore; Symens


     Excused:
Brown

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     HB 1184:   FOR AN ACT ENTITLED, An Act to   authorize a payor to make a deduction for transmitting an amount of an obligor's income pursuant to a child support order for withholding.

     Was read the second time.

     The question being "Shall HB 1184 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bogue; Dempster; Dennert; Duenwald; Duniphan; Earley; Ham-Burr; Jaspers; Kelly; Knudson; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane)

     Nays:
Apa; Duxbury; Greenfield; Kleven; Kloucek; Koetzle; Kooistra; Kurtenbach; Moore; Nachtigal; Reedy; Sutton (Dan); Symens; Vitter

     Excused:
Brown; de Hueck

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     HB 1199:   FOR AN ACT ENTITLED, An Act to   exempt certain nonprofit organizations providing dental care from dental licensure requirements.

     Was read the second time.

     The question being "Shall HB 1199 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Brown; de Hueck; Koetzle

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     HB 1201:   FOR AN ACT ENTITLED, An Act to   authorize the issuance of revenue bonds to finance certain water pipelines or aqueducts.

     Was read the second time.

     The question being "Shall HB 1201 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Brown; de Hueck

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     HB 1283:   FOR AN ACT ENTITLED, An Act to   exempt certain purchases of material used in the production of greenhouse, nursery, and ornamental plants from sales and use taxes.

     Was read the second time.

     Sen. Bogue moved that HB 1283 be deferred to Saturday, February 21, the 29th legislative day.

     Which motion prevailed.

     HB 1281:   FOR AN ACT ENTITLED, An Act to   provide for certain property tax exemptions for business incubators owned by nonprofits.

     Was read the second time.

1281fd

     Sen. Jaspers moved that HB 1281 be further amended as follows:

     On page 1, line 6 of the House Taxation Committee engrossed bill, delete " or leased " .

     On page 1 , line 9, after " exemption " insert "for a period of five years".

     On page 1 , line 10, after " hearing. " insert "The governing body may renew the tax exemption every five years after a determination of eligibility, public notice, and a hearing."

     On page 1 , line 14, delete everything after " full. "

     On page 1 , line 15, delete everything before " Payment " .

     Which motion prevailed.

     Sen. Bogue moved that HB 1281 as amended be deferred to Saturday, February 21, the 29th legislative day.

     Which motion prevailed.

     HB 1001:   FOR AN ACT ENTITLED, An Act to   provide for a basic high school program and a recommended high school program and to require most students to complete the recommended one.

     Was read the second time.

     Sen. Bogue moved that HB 1001, 1123, 1158, and 1228 be deferred to Saturday, February 21, the 29th legislative day.

     Which motion prevailed.

     The President announced Sens. Symens, Dempster, and Napoli as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 86.

     The President announced Sens. LaPointe, Moore, and Kurtenbach as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 209.

SIGNING OF BILLS


     The President publicly read the title to

     SB 8: FOR AN ACT ENTITLED, An Act to  revise the eligibility requirements for certain tuition privileges available to members of the national guard at state universities.

     SB 12: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning when an administrative rule adoption or amendment is complete.

     SB 13: FOR AN ACT ENTITLED, An Act to  revise the residency requirements for voting purposes and to revise the criteria for determining if any person has voted more than once at any election.

     SB 22: FOR AN ACT ENTITLED, An Act to  make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     SB 23: FOR AN ACT ENTITLED, An Act to  revise the definition of a state full-time employee.

     SB 27: FOR AN ACT ENTITLED, An Act to  provide that certain provisions regarding the uniform administration of state taxes apply to certain civil and criminal investigations.

     SB 39: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding principal and home office credits against the insurance premium tax.

     SB 43: FOR AN ACT ENTITLED, An Act to  authorize acquisition of utility corridors and to authorize the use of such property to be regulated by administrative rule.

     SB 68: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the receipt of notice of an appeal in an administrative appeal.

     SB 77: FOR AN ACT ENTITLED, An Act to  provide that certain third and subsequent violations of stalking protection orders are felony offenses.

     SB 93: FOR AN ACT ENTITLED, An Act to  provide that certain third and subsequent violations of protection orders are felony offenses.

     SB 104: FOR AN ACT ENTITLED, An Act to  provide certain economic development incentives in specified areas.

     SB 106: FOR AN ACT ENTITLED, An Act to  appropriate money for the Northern Crops Institute.

     SB 107: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the computation of time to be served for the failure to pay certain fines, costs, or restitution.

     SB 117: FOR AN ACT ENTITLED, An Act to  establish a task force to improve the quality and availability of child care and early learning opportunities.

     SB 131: FOR AN ACT ENTITLED, An Act to  revise the hours of supervision required for certification as a licensed professional counselor - mental health.

     SB 148: FOR AN ACT ENTITLED, An Act to  repeal and reenact the standard nonforfeiture statute for individual deferred annuities.

     SB 172: FOR AN ACT ENTITLED, An Act to  revise the conditions for increasing the property tax levy in certain unorganized townships.

     SB 184: FOR AN ACT ENTITLED, An Act to  prohibit human cloning.

     SB 199: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund tax refunds for elderly and disabled persons.

     SB 202: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding loans from the revolving economic development and initiative fund and to authorize loans from the revolving economic development and initiative fund to certain capital investment entities.

     SB 203: FOR AN ACT ENTITLED, An Act to  make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund, and to declare an emergency.

     HB 1049: FOR AN ACT ENTITLED, An Act to  establish the definition of a payday loan and to establish limitations on such transactions.

     HB 1076: FOR AN ACT ENTITLED, An Act to  make an appropriation to cover certain inmate medical expenses and to declare an emergency.

     HB 1077: FOR AN ACT ENTITLED, An Act to  make a supplemental appropriation for the purchase of land and the planning, design, construction, renovation, and improvement of certain corrections facilities and to declare an emergency.

     HB 1103: FOR AN ACT ENTITLED, An Act to  revise certain court automation surcharges.

     HB 1146: FOR AN ACT ENTITLED, An Act to  authorize the issuance of metal plates with a special designation to a licensed vehicle dealer to enable commercial use of a vehicle under certain conditions.


     HB 1153: FOR AN ACT ENTITLED, An Act to  create a constitutional revision commission to make a comprehensive study of the legislative article and related statutes and to consider and recommend legislation for the improvement of the legislative article and related statutes.

     HB 1157: FOR AN ACT ENTITLED, An Act to  provide a limitation of lender environmental liability for cleanup and remediation costs if providing financing for a site participating in a brownfields revitalization and economic development program.

     HB 1166: FOR AN ACT ENTITLED, An Act to  require damage disclosure statements for certain large boats.

     HB 1188: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the franchises of dealers in vehicles, implements, and equipment.

     HB 1222: FOR AN ACT ENTITLED, An Act to  designate the seventeenth day of April as Joe Foss Day.

     And signed the same in the presence of the Senate.

     Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at 4:20 p.m. the Senate adjourned.

Patricia Adam, Secretary