Senate Journal 02/03/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 3, 2005

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

The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by Senate page Shawn McFarland.

Roll Call: All members present except Sen. Duniphan 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 sixteenth day and finds the following correction should be made:

On page 303, line 14, after "126," insert "129,".

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

And we hereby move the adoption of the report.

Respectfully submitted,

Lee Schoenbeck, Chair

Which motion prevailed and the report was adopted.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Dick Werner of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Dick Werner pursuant to the executive message as found on page 172 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan

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

The Senate proceeded to the consideration of the executive appointment of Kory Menken of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Kory Menken pursuant to the executive message as found on page 173 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan; Nesselhuf

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

The Senate proceeded to the consideration of the executive reappointment of Tom Graham of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Tom Graham pursuant to the executive message as found on page 176 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Duniphan

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

The Senate proceeded to the consideration of the executive reappointment of D.J. Mertens of Jones County, Murdo, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of D.J. Mertens pursuant to the executive message as found on page 176 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Bogue; Duniphan

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

COMMUNICATIONS AND PETITIONS

February 3, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on February 2, 2005, I approved Senate Bills 8, 16, and 54, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1081 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 Education respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:

125ca

On page 1, after line 8 of the printed bill, insert:

"Section 2. That § 9-21-28 be amended to read as follows:

9-21-28. Authority is hereby granted to all municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to public school districts operating within the municipality; provided such transfer of funds shall be made through a majority vote of the governing body of the municipality and accepted by a majority vote of the governing body of such school district.

No funds shall be transferred that are acquired through legal tax levy in the municipality. All such funds ~~shall~~ may be transferred by the school district to the general fund or the capital outlay fund of such school district. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Harvey C. Jewett of Brown County, Aberdeen, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Clint Waara of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education 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 Education respectfully reports that it has had under consideration the nomination of Barbara Everist of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education 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 Education respectfully reports that it has had under consideration SB 166 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 208 and HB 1061 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 175 and returns the same with the recommendation that said bill be amended as follows:

175oa

On page 2, line 12 of the printed bill, delete " three " and insert "five".

And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 113 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:

152ta

On page 1 of the printed bill, delete lines 4 to 15 , inclusive.

On page 2 , delete lines 1 to 15 , inclusive.

On page 3 , line 15, delete everything after " sale, " and insert " transportation, storage, planting, disposal, or other use of seed and for the posting of planted sites and notification of seed use ."

152tta

On page 1, line 2 of the printed bill, delete " and enforcement " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Richard E. Brown of Minnehaha County, Sioux Falls, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 50 and 52 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1013, 1014, 1015, 1016, 1017, 1093, 1094, 1098, 1115, 1119, 1132, 1152, 1162, and 1196 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 2 and 3 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 50 and 52 which have passed the House without change.

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 Friday, February 4, the 18^th legislative day.

Which motion prevailed.

Sen. Abdallah moved that the Senate do concur in House amendments to SB 59.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 59.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Duniphan; Sutton (Dan)

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.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Moore requested that SB 100 be removed from the Consent Calendar.

SB 124: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to bank investments in certain annuities.

Was read the second time.

The question being "Shall SB 124 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Duniphan

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.

There being no objection, the Senate reverted to Order of Business No. 9.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that the reports of the Standing Committees on

Judiciary on SB 25 as found on page 292 of the Senate Journal ; also

Judiciary on SB 93 as found on page 293 of the Senate Journal ; also

Judiciary on SB 94 as found on page 293 of the Senate Journal ; also

Judiciary on SB 123 as found on page 292 of the Senate Journal ; also

Taxation on HB 1002 as found on page 290 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 92: FOR AN ACT ENTITLED, An Act to define a recreation vehicle, to exempt certain recreation vehicles from the maximum width restrictions for a vehicle, and to provide a length limitation for motor vehicles.

Was read the second time.

The question being "Shall SB 92 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Duniphan; McNenny

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.

SB 99: FOR AN ACT ENTITLED, An Act to permit financial institutions to prepay future tax liabilities.

Was read the second time.

99fb

Sen. Knudson moved that SB 99 be further amended as follows:

On page 1 of the Senate Local Government Committee engrossed bill, delete lines 6 to 10 , inclusive, and insert:

"A financial institution may deposit with the county treasurer of any county in which it does business an amount determined by the financial institution to be applied toward the future tax liabilities of such financial institution under this chapter to the extent of the share of such tax the state would be required to remit to the county. Any such tax liabilities shall be satisfied by applying deposits in the order received against such tax liabilities in the order in which the tax liabilities occur."

On page 2 , after line 8, insert:

"Section 3. That chapter 10-43 be amended by adding thereto a NEW SECTION to read as follows:

If any amount deposited under section 1 of this Act is not applied to the institution's tax liabilities under this chapter within the ten-year period immediately following the date of the deposit, the unapplied amount shall be refunded by the county to the financial institution. The refund shall be made within the six-month period immediately following the expiration of the aforementioned ten-year period.

No interest is payable with respect to the amount refundable, provided the refund is made prior to the expiration of the six-month period. If the county fails to make the refund by the expiration of such six-month period, the county shall also pay to the financial institution interest computed from the expiration of the ten-year period at the Category A rate of interest as established in § 54-3-16 on the amount required to be refunded."

Which motion prevailed.

The question being "Shall SB 99 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Bartling; Moore; Two Bulls

Excused:
Duniphan

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.

SB 103: FOR AN ACT ENTITLED, An Act to authorize the funding of public transportation from the state highway fund.

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

Sen. Broderick moved that SB 103 be deferred to Friday, February 4, the 18^th legislative day.

Which motion prevailed.

SB 104: FOR AN ACT ENTITLED, An Act to require evidence of financial responsibility at the time of vehicle registration, to provide for a motor vehicle insurance data base, and to provide for the administration thereof.

Was read the second time.

Sen. Koskan moved the previous question.

Which motion prevailed.

The question being "Shall SB 104 pass as amended?"

And the roll being called:

Yeas 15, Nays 18, Excused 2, Absent 0

Yeas:
Adelstein; Bartling; Dempster; Duenwald; Kloucek; Knudson; Kooistra; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Nays:
Abdallah; Apa; Bogue; Broderick; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Koetzle; Koskan; Lintz; Moore; Nesselhuf; Smidt

Excused:
Duniphan; Two Bulls

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

SB 106: FOR AN ACT ENTITLED, An Act to revise the restrictions of transfers from bond redemption funds.

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Smidt

Excused:
Duniphan; Two Bulls

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.

SB 115: FOR AN ACT ENTITLED, An Act to revise the eligibility criteria for the sales tax on food refund program.

Was read the second time.

Sen. Dempster moved that SB 115 be referred to the Committee on Appropriations.

Which motion prevailed.

SB 117: FOR AN ACT ENTITLED, An Act to provide for the development and implementation of certain animal identification programs to maintain animal health and ensure the safety of the food supply.

Was read the second time.

The question being "Shall SB 117 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Apa; Kloucek

Excused:
Duniphan

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.

SB 126: FOR AN ACT ENTITLED, An Act to designate the Tyrannosaurus Rex as the official state dinosaur.

Was read the second time.

The question being "Shall SB 126 pass?"

And the roll being called:

Yeas 13, Nays 17, Excused 5, Absent 0

Yeas:
Adelstein; Bogue; Dempster; Gant; Gray; Hanson (Gary); Knudson; Lintz; McCracken; Olson (Ed); Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Abdallah; Bartling; Broderick; Earley; Greenfield; Hansen (Tom); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Two Bulls

Excused:
Apa; Duenwald; Duniphan; Kelly; McNenny

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

Sen. Adelstein announced his intention to reconsider the vote by which SB 126 lost.

President Pro tempore Schoenbeck now presiding.

SB 129: FOR AN ACT ENTITLED, An Act to prohibit the display of social security numbers on driver licenses or nondriver identification cards.

Was read the second time.

The question being "Shall SB 129 pass?"

And the roll being called:

Yeas 27, Nays 5, Excused 3, Absent 0

Yeas:
Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Hundstad; Kooistra; Koskan; Nesselhuf; Two Bulls

Excused:
Abdallah; Apa; Duniphan

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.

SB 131: FOR AN ACT ENTITLED, An Act to provide certain insurance and medicaid coverage for hyperbaric oxygen therapy and related services.

Was read the second time.

Sen. McCracken moved that SB 131 be referred to the Committee on Appropriations.

Which motion prevailed.

The President now presiding.

SB 136: FOR AN ACT ENTITLED, An Act to provide a procedure for awarding construction project contracts if no bids are received during a competitive bid process and to declare an emergency.

Was read the second time.

The question being "Shall SB 136 pass as amended?"

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Adelstein; Apa; Bartling; Broderick; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt

Nays:
Bogue; Earley; Kloucek; Koetzle; Kooistra; Moore; Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Duniphan

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

Pursuant to Joint Rule 5-13.1, SB 136 was up for immediate reconsideration.

SB 136: FOR AN ACT ENTITLED, An Act to provide a procedure for awarding construction project contracts if no bids are received during a competitive bid process and to declare an emergency.

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

136tb

Sen. Lintz moved that SB 136 be further amended as follows:

On page 2 of the Senate Local Government Committee engrossed bill, delete lines 4 to 6 , inclusive.

Sen. Bogue moved that SB 136, with pending motion to amend, be placed to follow SB 172 on today's calendar.

Which motion prevailed

SB 139: FOR AN ACT ENTITLED, An Act to establish certain requirements for insurance policies covering certain long-term care services.

Was read the second time.

139fa

Sen. Nesselhuf moved that SB 139 be further amended as follows:

On page 1, line 7 of the Senate Commerce Committee engrossed bill, delete " or other " .

On page 1, line 10, delete " nor may the insurer " and insert "unless otherwise provided in the policy or certificate. The insurer may not".

Which motion prevailed.

The question being "Shall SB 139 pass as amended?"

And the roll being called:

Yeas 27, Nays 4, Excused 4, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Dempster; Duenwald; Gray; Greenfield; Hanson (Gary); Hundstad; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Duane); Two Bulls

Nays:
Broderick; Earley; Hansen (Tom); Sutton (Dan)

Excused:
Duniphan; Gant; Kelly; Kloucek

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. Bogue moved that the Senate do now recess until 4:15 p.m., which motion prevailed and at 3:35 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:15 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 146: FOR AN ACT ENTITLED, An Act to to limit the time for bringing actions against certain professional corporations and professional practitioners.

Was read the second time.

The question being "Shall SB 146 pass?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek; Koetzle; McNenny; Moore

Excused:
Duniphan

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.

SB 155: FOR AN ACT ENTITLED, An Act to specifically exempt certain political subdivisions from the imposition of the sales and use tax.

Was read the second time.

155ra

Sen. Kelly moved that SB 155 be amended as follows:

On page 1, line 9 of the printed bill, after " a " insert "revolving loan fund operated by a".

On page 2 , line 1, after " a " insert "revolving loan fund operated by a".

Which motion prevailed.

The question being "Shall SB 155 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Duniphan

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.

SB 169: FOR AN ACT ENTITLED, An Act to require hospitals to report the charges for certain diagnostic-related groups.

Was read the second time.

The question being "Shall SB 169 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Apa; Greenfield

Excused:
Duniphan

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.

SB 172: FOR AN ACT ENTITLED, An Act to limit the contributions of any person to a political action committee.

Was read the second time.

172fc

Sen. Schoenbeck moved that SB 172 be further amended as follows:

On page 1, after line 7 of the Senate State Affairs Committee engrossed bill, insert:

"Section 2. No political action committee may borrow more than five thousand dollars. A violation of this section is a Class 2 misdemeanor.

Section 3. Any political action committee, not registered with the Federal Election Commission, that makes a contribution to a candidate in a South Dakota election shall comply with South Dakota election laws and for any years which a contribution is made shall register and report to the Secretary of State's Office. A violation of this section is a Class 2 misdemeanor.

Section 4. No candidate's committee may contribute more than five thousand dollars to any political action committee or other candidate's committee in any calendar year. A violation of this section is a Class 2 misdemeanor."

Sen. Bogue requested that Joint Rule 5-17 be invoked on SB 172.

Which request was supported and SB 172 with Sen. Schoenbeck's pending motion to amend was deferred until Saturday, February 5, the 19^th legislative day.

SB 136: FOR AN ACT ENTITLED, An Act to provide a procedure for awarding construction project contracts if no bids are received during a competitive bid process and to declare an emergency.

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

With unanimous consent, Sen. Lintz withdrew his pending motion to amend SB 136.

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Sen. Moore moved that SB 136 be further amended as follows:

On the Senate Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That § 5-18-9.1 be repealed.

5-18-9.1. If after advertising for bids pursuant to § 5-18-3 for the purchase of materials, supplies, or equipment, no bids are received, the governing board of a unit of local government may negotiate a contract for the purchase of the materials, supplies, or equipment at the most advantageous price. However, the materials, supplies, or equipment shall meet the specifications of the original advertisement for bids. The governing board shall contact and attempt to obtain competitive quotations from at least three suppliers. A record of the names of the suppliers, the quotations received and the procurement procedures used in purchasing shall be documented, spread upon the minutes, and retained on file by the governing body. The contract may include a procedure for adjusting prices to meet changing market conditions not within the control of the vendor. The adjustments may not result in increases in the profit of the vendor, and shall be supported by written justification filed with the purchasing agent of the unit of local government. "

Which motion lost.

The question being "Shall SB 136 pass as amended?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Earley; Hanson (Gary); Kloucek; Koetzle; Kooistra; Moore; Peterson (Jim); Sutton (Dan); Two Bulls

Excused:
Duniphan

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

154ja

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

"Section 1. That § 54-4-40 be amended to read as follows:

54-4-40. Any person who engages in the business of lending money shall apply for a license as prescribed by §§ 54-4-36 to 54-4-63, inclusive. The applicant shall apply for a license under oath on forms supplied by the division. The application shall contain the name of the applicant's business, proof of surety bond, address of the business, and other information as required by the director by rule or order. The applicant shall pay an original license fee as set by rules of the commission promulgated pursuant to chapter 1-26 not to exceed one thousand dollars. If the application of an existing licensee is for an additional location, the application need only include the location and identity of the location manager, plus any changes from the existing license, or such other information the director may consider necessary. Nonprofit corporations formed pursuant to chapter 47-22 and lending entities of the State of South Dakota and any of its political subdivisions are subject to this chapter but are exempt from initial license fees, renewal fees, and surety bond requirements under this chapter.

Section 2. That § 54-14-2 be amended to read as follows:

54-14-2. Any person who engages in the business of a mortgage banker or mortgage broker shall obtain an original license to engage in such business under the terms and conditions of this chapter, shall apply therefor under oath, on forms prescribed by the division, and shall pay an original, nonrefundable license fee as set by rules of the commission promulgated pursuant to chapter 1-26. The fee for a mortgage banker license may not exceed one thousand dollars and the fee for a mortgage broker license may not exceed five hundred dollars. If the application is approved, a license shall be issued.

To renew a license, the licensee shall file for renewal by June fifteenth. Licenses shall be renewed on July first. The commission shall establish a renewal license fee by rules promulgated pursuant to chapter 1-26. The renewal fee for a mortgage banker license may not exceed one thousand dollars and the renewal fee for a mortgage broker license may not exceed five hundred dollars. Nonprofit corporations formed pursuant to chapter 47-22 and lending entities of the State of South Dakota and any of its political subdivisions are subject to this chapter but are exempt from initial license fees, renewal fees, and surety bond requirements under this chapter. "

154jta

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "exempt certain entities from the lending license fees and surety bond requirements."

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 SB 121 and returns the same with the recommendation that said bill be amended as follows:

121sa

On page 1 of the printed bill, delete line 7 , and insert "49-31-20. Any".

On page 1 , line 9, overstrike " with another telecommunications " and insert " or transfer of stock or other ownership interests that will result in a different person then owning more than fifty percent of the company's stock or ownership interests ".

On page 1 , line 10, overstrike " company " .

On page 2 , line 3, delete " or transfer " .

On page 2 , line 6, delete " or transfer " .

On page 2 , line 7, delete " transaction " and insert " sale ".

On page 2 , line 8, delete " or transferred " .

On page 2 , line 23, delete everything after " section. " and insert " For the purposes of this section, the term, sale, means the passing, for consideration, of title to the assets comprising a telecommunications exchange, but does not include nonasset sale transactions such as mergers, consolidations, stock sales, or financing transactions. "

On page 2 , delete line 24 .

On page 3 , delete lines 1 to 3 , inclusive.

On page 3 , line 4, delete everything before " For " .

121jta

On page 1, line 3 of the printed bill, delete " and " and insert ",".

On page 1 , line 4, after " mergers " insert ", and changes to control".

And that as so amended 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 SB 141 and 162 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 59 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Sebert, Rounds, and Van Norman 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 13.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1008 and 1043.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1013: FOR AN ACT ENTITLED, An Act to provide for the recodification of certain sections of South Dakota Retirement System law.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System special pay plan.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1015: FOR AN ACT ENTITLED, An Act to extend the period of time that members of the South Dakota Retirement System who were mobilized into certain federal military service may acquire credited service at a prior cost.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the benefits available to certain South Dakota Retirement System members who retired and later reentered active status.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1017: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the types of service necessary for certain South Dakota Retirement System benefits.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1093: FOR AN ACT ENTITLED, An Act to allow certain nonpublic school students to participate in interscholastic activities at other nonpublic schools.

Was read the first time and referred to the Committee on Education.

HB 1094: FOR AN ACT ENTITLED, An Act to provide for the division of farm mutual insurance companies.

Was read the first time and referred to the Committee on Commerce.

HB 1098: FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the terms of conservation easements.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1115: FOR AN ACT ENTITLED, An Act to require that supplemental coverages be made available with automobile liability policies.

Was read the first time and referred to the Committee on Commerce.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of out-of-state motor vehicles.

Was read the first time and referred to the Committee on Transportation.

HB 1132: FOR AN ACT ENTITLED, An Act to clarify the composition of the board of mental illness if two or more counties jointly establish a board.

Was read the first time and referred to the Committee on Local Government.

HB 1152: FOR AN ACT ENTITLED, An Act to establish an internal service fund for municipal equipment purchases.

Was read the first time and referred to the Committee on Local Government.

HB 1162: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to cardiopulmonary resuscitation directives.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1196: FOR AN ACT ENTITLED, An Act to establish a vaccination program for first responders.

Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1066: FOR AN ACT ENTITLED, An Act to increase the amount of money authorized to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building, to remove the effective date for bonding, to increase the bonding authority, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1066 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Koetzle

Excused:
Abdallah; Duniphan; Kelly

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

HB 1033: FOR AN ACT ENTITLED, An Act to establish certain provisions with regard to the past tax liability of sellers who agree to collect sales and use tax under the Streamlined Sales and Use Tax Agreement.

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Duniphan; Olson (Ed)

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 1040: FOR AN ACT ENTITLED, An Act to repeal certain sales and use tax exemptions that conflict with certain statutory exemptions.

Was read the second time.

The question being "Shall HB 1040 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek

Excused:
Abdallah; Duniphan

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.

SIGNING OF BILLS

The President publicly read the title to

SB 50: FOR AN ACT ENTITLED, An Act to remove certain references regarding conversion from the requirements for continuation of group health coverage.

SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of burial expenses by life insurers and fraternal benefit societies.

SB 59: FOR AN ACT ENTITLED, An Act to permit the involuntary feeding or hydration of a prisoner.

And signed the same in the presence of the Senate.

Sen. Ed Olson moved that the Senate do now adjourn, which motion prevailed and at 5:04 p.m. the Senate adjourned.

Patricia Adam, Secretary