JOURNAL OF THE SENATE

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TWENTY-FIFTH DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 14, 2005

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

     The prayer was offered by the Chaplain, Pastor Billy Wilson, followed by the Pledge of Allegiance led by Senate page Matthew Booth.

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

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-fourth 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,

Lee Schoenbeck, Chair

     Which motion prevailed and the report was adopted.

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MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 189 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

35ma

     On page 1, line 8 of the printed bill, delete " two hundred fifteen thousand dollars ($215,000) " and insert "one hundred fifty thousand dollars ($150,000)".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 115, 118, 131, and 158 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1076, 1086, 1097, 1132, 1198, and 1199 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 80 and tabled the same.

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Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 160 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill be amended as follows:

193jb

     On page 1, line 8 of the printed bill, delete " or guardian " .

     On page 1 , line 9, delete the first and second " or guardian ".

     On page 1 , line 11, delete the first and second " or guardian ".

     On page 2 , line 12, delete " or guardian " .

     On page 2 , line 18, delete " or guardian " .

     On page 2 , line 21, delete " , " and insert " that the unemancipated minor or incompetent female is mature and capable of determining whether notification should be given, or ".

     On page 3 , line 5, overstrike " A " and insert " An ".

     On page 3 , line 6, overstrike " or guardian or conservator " .

     On page 3 , delete line 14 , and insert "upon her without notification of her parent , guardian, or conservator would be in".

     On page 4 , line 16, delete everything after "purpose".

     On page 4 , delete lines 17 to 21 , inclusive.

     On page 4 , line 22, delete everything before " . "

     On page 4 , after line 22, insert:

    "Section 3. That subdivision (4) of § 34-23A-1 be amended to read as follows:

             (4)      "Parent," one parent or guardian of the pregnant minor , or one person standing in loco parentis who has care and control of the minor and with whom the minor regularly resides, or the guardian or conservator of the pregnant female;".

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     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 SB  198, 203, and 211 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1133 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill be amended as follows:

58ja

     On page 1 of the printed bill, delete lines 6 to 11 , inclusive, and insert:

    "Within sixty days of a request from the Department of Social Services, an insurer shall provide, via electronic media and in a format acceptable by the department, the insurer's database of policyholders, sponsors, subscribers, and covered individuals in South Dakota. The Department of Social Services shall match the name, address, date of birth, and social security number of the insured's policyholders, sponsors, subscribers, and covered individuals against the medicaid eligible recipients and recipients of support enforcement services as defined in subdivision 25-7A-1(19)."

     On page 2 , delete lines 7 to 9 , inclusive.

     On page 2 , line 10, delete " every six months. "

     On page 2 , line 12, delete everything after " Act. "

     On page 2 , delete line 13 .

     On page 2 , line 16, after " for " insert "medical assistance,".

     On page 2 , line 17, after " assistance " insert ",".

     On page 2 , line 17, delete " from " and insert "by".

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     On page 3 , line 9, delete " , no insurer or nonprofit health service plan " .

     On page 3 , line 10, after " 2005, " insert "no insurer".

     On page 3 , line 11, delete " three " and insert "two".

     On page 3 , line 12, delete " of service " and insert "the claim".

     On page 3 , line 12, after " sought " insert "is paid".

     On page 3 , line 12, delete " to " .

     On page 3 , delete line 13 , and insert "evidence of the insurer's liability."

     On page 3 , delete line 14 .

     On page 3 , line 16, delete " or nonprofit health service plan " .

     On page 3 , line 17, delete " or provided services to " and insert "services on behalf of".

     On page 3 , line 18, delete " or nonprofit " .

     On page 3 , line 19, delete " health service plan " .

     On page 3 , line 20, delete " or nonprofit health service plan " .

     On page 4 , after line 11, insert:

    "Section 6. For purposes of this Act, the term, department, means the Department of Social Services or an entity under contract with the Department of Social Services to carry out the functions of this Act."

58jc

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

    "Section 1. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Within sixty days of a request from the Department of Social Services, the department and an insurer shall negotiate an acceptable format for the transmission of information from the insurer's database of policy holders, sponsors, subscribers, covered individuals in South Dakota, and coverage dates. The format shall include the data elements, medium, frequency of reporting, any costs of the insurer to be reimbursed, and procedures that will be followed when a data match is found. The Department of Social Services shall match the name, address, date of birth, and social security number if available, of the insured's policyholders, sponsors, subscribers, and covered individuals against the Medicaid eligible recipients and recipients of support enforcement services as defined in subdivision 25-7A-1(19).

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     Upon discovery of a match, the department may incorporate the following information into its recipient database:

             (1)    The name, address, date of birth, social security number if available, and the unique health care identification number of the covered individual;

             (2)    The name, address, date of birth, social security number if available, policy number, and group identification number of the policyholder, sponsor, or subscriber;

             (3)    The name and address of the employer if it is an employer-employee benefit plan;

             (4)    Types of covered services under the plan or policy;

             (5)    Coverage effective date and termination of coverage date for each covered individual; and

             (6)    The name and address of the claim administrator for the policy or plan.

     The department may not use or disclose any information provided by the insurer other than as permitted or required by law. The insurer may not be held liable for the release of insurance coverage information to the department or the director by any party when done so under the authority of this Act.

     Section 2. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provision of a health benefit plan, health insurance policy, plan, contract, or certificate, an insurer shall recognize that an application for medical assistance or acceptance of medical assistance, paid by the Department of Social Services operates as a release of any information kept by the insurer and readily available, that would facilitate efficient coordination of benefits between the department and the insurer, which may include:

             (1)    The name, address, date of birth, social security number if available, and unique health care identification number of the covered individual;

             (2)    The name, address, date of birth, social security number if available, policy number, group identification number of the policyholder, sponsor, or subscriber;

             (3)    The name and address of the employer if it is an employer-employee benefit plan; types of services covered under the plan or policy; and the name and address of the claims administrator for the policy or plan;

             (4)    Previously paid benefits including the name and address of the payee; and

             (5)    The name and address of claims processing or administration centers, or both.

     Upon written request by the department, the insurer shall provide the requested information in writing within thirty calendar days of receipt of the request.

     Section 3. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provision of a health benefit plan, health insurance policy, plan, contract, or certificate, that is issued, entered into, or renewed after July 1, 2005, no insurer may refuse to reimburse the Department of Social Services because of the manner, form, or date of a claim for reimbursement, if within one year after the date the claim has been paid by medicaid, for which reimbursement is sought, the department provides the insurer evidence of the insurer's liability.

     Section 4. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     If the Department of Social Services notifies an insurer that the department has paid for services on behalf of an individual who is covered under an individual, group, or blanket health insurance policy or contract that the insurer issued, delivered, entered into, or renewed in the state, to the extent that the insurer is legally liable, it shall reimburse the department for the cost of the services, regardless of any provision in the health insurance policy or contract that requires payment to the policy holder, subscriber, or another payee. If the insurer, after notice from the department, issues payment to any payee other than the department, the insurer remains liable to the department for the amount of benefits paid to the other party.

     Section 5. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, the term, insurer, means:

             (1)    Any commercial insurance company, employer-employee benefit plan, health maintenance organization, professional association, public self-funded employer or pool, union, or fraternal group selling or otherwise offering individual or group health insurance coverage including self-insured and self-funded plans;

             (2)    Any profit or nonprofit prepaid plan offering either medical services of full or partial payment for services included in the department's medicaid plan;

             (3)    Any other entity offering health benefits for which a medicaid recipient may be eligible in addition to public medical assistance; or

             (4)    Any entity which processes claims, administers services, or otherwise manages health benefits on behalf of any of the aforementioned insurers.

     Section 6. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this Act, the term, department, means the Department of Social Services, or an entity under contract with the Department of Social Services to carry out the functions of this Act.

     Section 7. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of chapter 1-27 do not apply to any records the insurer is required to provide to the department."

58jd

     On the previously adopted amendment (58jc), in section 7, after "department." insert:

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    "Section 8. That chapter 58-12 be amended by adding thereto a NEW SECTION to read as follows:

     This Act does not apply to any coverages under a personal lines property and casualty policy."

     And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1104, 1148, 1155, 1157, 1168, and 1189 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 197 and returns the same with the recommendation that said bill be amended as follows:

197ra

     On page 1 , line 6 of the printed bill, delete everything after " transfer of " and insert "a livestock brand registered in the name of more than one person requires the written consent of all registered owners."

     On page 1 , delete line 7 .

197rb

     On page 1, line 4 of the printed bill, delete " 43-4 " and insert "40-19".

197rta

     On page 1, line 1 of the printed bill, delete " who may transfer personal property " and insert "how certain registered livestock brands".

     On page 1 , line 2, after " tenancy " insert "may be transferred".

     And that as so amended said bill do pass.

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Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1057 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 55 was delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 14, 2005.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 13 and 105 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1010 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 105 which has passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1153, 1166, 1197, 1233, 1239, 1257, and 1261 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

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     HCR 1010:   A CONCURRENT RESOLUTION,   Encouraging citizen awareness of umbilical cord blood donation and its opportunities and benefits available to the public.

     Was read the first time.

    The President announced the waiving of the referral to committee and placed HCR 1010 on the calendar of Tuesday, February 15, the 26^th legislative day.

     Friday, Sen. Nesselhuf announced his intention to reconsider the vote by which SB 186 lost.

     Sen. Nesselhuf moved that the Senate do now reconsider the vote by which SB 186 lost.

     The question being on Sen. Nesselhuf's motion to reconsider the vote by which SB 186 lost.

     And the roll being called:

     Yeas 16, Nays 18, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Two Bulls

     Nays:
Adelstein; Apa; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Greenfield; Koskan; Lintz; McCracken; McNenny; Napoli; Schoenbeck; Smidt; Sutton (Duane)

     Excused:
Duenwald

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

     SCR 5:   A CONCURRENT RESOLUTION,   Urging the members of the South Dakota Congressional delegation to sponsor and support the Streamlined Sales and Use Tax Act.

    Was read the second time.

     Sen. Smidt moved that SCR 5 as found on page 445 of the Senate Journal be adopted.

     The question being on Sen. Smidt's motion that SCR 5 be adopted.

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     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Hundstad; Kloucek

     Excused:
Duenwald

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

     SCR 6:   A CONCURRENT RESOLUTION,   Urging the development of hydrogen as an energy source and for other purposes.

    Was read the second time.

     Sen. Gary Hanson moved that SCR 6 as found on page 448 of the Senate Journal be adopted.

     The question being on Sen. Hanson's motion that SCR 6 be adopted.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Duenwald; Napoli

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

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     HCR 1009:   A CONCURRENT RESOLUTION,   Requesting the Corps of Engineers to accept Governor Rounds' Missouri River conservation proposals.

    Was read the second time.

     Sen. Koskan moved that the Senate do concur in HCR 1009 as found on page 403 of the House Journal.

     The question being on Sen. Koskan's motion that the Senate do concur in HCR 1009.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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)

     Nays:
Kloucek; Two Bulls

     Excused:
Duenwald

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in.

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

     Taxation on SB 107 as found on page 440 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 220 as found on page 439 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

     Sen. Kloucek requested that SB 164 be removed from the Consent Calendar.

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     SB 179:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of occupational therapy.

     Was read the second time.

     The question being "Shall SB 179 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

     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 217:   FOR AN ACT ENTITLED, An Act to   revise certain cross references in the code with regard to the implementation of the South Dakota Business Corporation Act.

     Was read the second time.

     The question being "Shall SB 217 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

     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.

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     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 second time.

     The question being "Shall HB 1013 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

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

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

     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.

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     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 second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

     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 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 second time.

     The question being "Shall HB 1016 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

     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.

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     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 second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; 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:
Duenwald

     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 114:   FOR AN ACT ENTITLED, An Act to   establish a refundable checkoff on pulse crops.

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

     Sen. Knudson moved that SB 114 be deferred to Tuesday, February 15, the 26^th legislative day.

     Which motion prevailed.

     SB 168:   FOR AN ACT ENTITLED, An Act to   ensure appropriate emergency health care for certain rape survivors and to require health care facilities and the Department of Health to provide information to certain rape survivors.

     Was read the second time.

     Sen. Adelstein moved that SB 168 be deferred to Tuesday, February 15, the 26^th legislative day.

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     Which motion prevailed.

     SB 170:   FOR AN ACT ENTITLED, An Act to   revise the index factor for determining the per student allocation for school districts.

     Was read the second time.

     The question being "Shall SB 170 pass?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Broderick; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Adelstein; Apa; Bogue; Dempster; Earley; Knudson; Koskan; Lintz; McNenny; Napoli; Smidt

     Excused:
Duenwald

     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 43:   FOR AN ACT ENTITLED, An Act to   revise the South Dakota criminal code.

     Was read the second time.

43rai

     Sen. Kooistra moved that SB 43 be further amended as follows:

     On page 87 of the Senate Judiciary Committee engrossed bill, delete lines 4 to 7 , inclusive, and insert:

    "22-24-1.1. A person commits the crime of public indecency if the person, with an immoral purpose, exposes his or her anus or genitals in a public place where another may be present who will be offended or alarmed by the person's act under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person does any of the following in a public place:

             (4)    Fondles the genitals of another person ."

     Which motion lost.

     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; 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

     Nays:
Gray; McNenny

     Excused:
Duenwald

     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 119:   FOR AN ACT ENTITLED, An Act to   authorize the transfer of a motor vehicle title to satisfy an unpaid motor vehicle repair bill under certain conditions.

     Was read the second time.

     The question being "Shall SB 119 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

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     Nays:
Kooistra

     Excused:
Duenwald

     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 144:   FOR AN ACT ENTITLED, An Act to   limit the personal liability of persons in professional corporations and limited liability companies.

     Was read the second time.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Kloucek; Koetzle

     Excused:
Duenwald

     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 184:   FOR AN ACT ENTITLED, An Act to   establish a program in the Department of Education to assist certain school districts with capital improvement needs.

     Was read the second time.

     Sen. Bogue moved that SB 184 be deferred to Tuesday, February 15, the 26^th legislative day.

     Which motion prevailed.

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     SB 214:   FOR AN ACT ENTITLED, An Act to   provide taxation benefits for certain soybean and biodiesel facilities.

     Was read the second time.

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     Sen. Jim Peterson moved that SB 214 be amended as follows:

     On page 2, after line 24 of the printed bill, insert:

    "Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     The owner of a project paying taxes over a four-year period as provided in section 3 of this Act shall file a tax return on or before December thirty-first of each year reporting the project costs subject to tax under chapters 10-45 and 10-46 incurred during the previous twelve months. The tax due from such return shall be paid in four equal annual payments with the first payment due date no later than December thirty-first of the year the plant begins production. Each subsequent annual payment shall be made no later than December thirty-first following the previous payment.

     Section 5. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     Any amount refunded pursuant to this Act for a project that is not completed within the time frames prescribed by this chapter, including any extensions granted by the secretary, shall be returned to the state without interest. Any refunded amounts not returned pursuant to this section and all sums previously refunded to the claimant constitute a debt to the state and a lien in favor of the state upon all property and rights to property whether real or personal belonging to the claimant and may be recovered in an action of debt."

     Which motion prevailed.

214fa

     Sen. Knudson moved that SB 214 be further amended as follows:

     On page 2, line 6 of the printed bill, after " facility " insert " or a new business facility ".

     On page 2 , line 22, after " biodiesel, " insert " or any new business facility, as defined by section 4 of this Act, ".

     On page 2 , line 24, delete " plant production " and insert " operations ".

     On page 2 , after line 24, insert:

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    "Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     For the purposes of this chapter, the term, new business facility, means a new building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

             (1)    Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

             (2)    Used predominantly for residential housing or transient lodging;

             (3)    Used predominantly to provide health care services; or

             (4)    That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts."

     Sen. Knudson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Knudson's motion that SB 214 be further amended.

     And the roll being called:

     Yeas 11, Nays 23, Excused 1, Absent 0

     Yeas:
Adelstein; Bogue; Dempster; Duniphan; Earley; Gant; Kelly; Knudson; Napoli; Olson (Ed); Sutton (Duane)

     Nays:
Abdallah; Apa; Bartling; Broderick; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls

     Excused:
Duenwald

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

     The question being "Shall SB 214 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0

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

     Nays:
Adelstein; Dempster; Earley; Kelly; Knudson; Napoli

     Excused:
Duenwald

     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 1153:   FOR AN ACT ENTITLED, An Act to   revise certain sales tax provisions related to products and substances associated with the application of pesticides.

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

     HB 1166:   FOR AN ACT ENTITLED, An Act to   establish certain legislative findings pertaining to the health and rights of women, to revise the physician disclosure requirements to be made to a woman contemplating submitting to an abortion, and to provide for certain causes of action for professional negligence if an abortion is performed without informed consent.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1197:   FOR AN ACT ENTITLED, An Act to   continue certain restrictions on the use of artificial lights to hunt or locate wild animals.

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

     HB 1233:   FOR AN ACT ENTITLED, An Act to   establish a task force to study abortion and to provide for its composition, scope, and administration.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1239:   FOR AN ACT ENTITLED, An Act to   revise the method for setting the fees that may be received by a county coroner.

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

     HB 1257:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Board of Pardons and Paroles.

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

     HB 1261:   FOR AN ACT ENTITLED, An Act to   provide for the refund of the sales and contractor's excise tax for significant capital investment and large job-creation projects.

     Was read the first time and referred to the Committee on State Affairs.

     Sen. Bogue moved that HB 1038, 1060, 1089, 1111, and 1171 be deferred to Tuesday, February 15, the 26^th legislative day.

     Which motion prevailed.

     SC 11   Introduced by:  Senators Adelstein, Abdallah, Apa, Bogue, Broderick, Dempster, Duniphan, Earley, Gray, Greenfield, Hansen (Tom), Hundstad, Kelly, Kloucek, Knudson, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Howie, Bradford, Buckingham, Elliott, Frost, Garnos, Hanks, Haverly, Hennies, Klaudt, Krebs, Lange, McCoy, O'Brien, Pederson (Gordon), Putnam, Rhoden, Turbiville, Van Etten, Van Norman, and Wick

         A LEGISLATIVE COMMEMORATION,  Honoring the memory of the late Senator Drue Vitter and his unfailing loyalty and promotion of his chosen home town of Hill City and the State of South Dakota.

     WHEREAS,  in 1990, the Black Hills Institute of Geological Research, Inc., of Hill City collected within the State of South Dakota, the largest and most complete tyrannosaurus rex skeleton ever found, bringing major worldwide, scientific attention to the State of South Dakota; and

     WHEREAS,  the late Senator Drue Vitter, then Mayor of Hill City immediately recognized this unparalleled scientific discovery and the public's fascination with dinosaurs, particularly tyrannosaurus rex, as an opportunity to promote Hill City and the State of South Dakota in the scientific and the traveling community; and

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     WHEREAS,  in June 2005, more than thirty eminent paleontologists from around the world are gathering in Hill City for a scientific symposium celebrating "100 years of tyrannosaurus rex" because the first published, scientific description of tyrannosaurus rex described bone material collected by E. D. Cope in 1905 in South Dakota; and

     WHEREAS,  the 28^th day of February, 2005, will be a very special day in South Dakota beckoning school children and their parents from the entire region to visit our state capitol in Pierre where the replica of an original tyrannosaurus rex skeleton, excavated from a South Dakota site, is erected in the rotunda of the State Capitol Building:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the late Senator Drue Vitter be remembered and honored for his farsightedness in recognizing how effective publicizing the excavation of a major tyrannosaurus rex find would be for inviting the world to visit the State of South Dakota and in recognition that his efforts in that promotion are still bearing fruit for the State of South Dakota.

     The President publicly read the title to

     SB 13: FOR AN ACT ENTITLED, An Act to  create certain provisions regarding transfers of experience rating accounts and assignment of unemployment insurance tax rates.

     SB 105: FOR AN ACT ENTITLED, An Act to  revise the procedure for disposing certain surplus property.

     HB 1074: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the maximum term of promissory notes issued to municipalities.

     HB 1084: FOR AN ACT ENTITLED, An Act to  revise the circumstances for when special elections for home rule charters shall be called.

     HB 1126: FOR AN ACT ENTITLED, An Act to  remove certain restrictions that apply to the unexpended balances of the unemployment insurance compensation fund established by political subdivisions.

     And signed the same in the presence of the Senate.

     Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at 3:53 p.m. the Senate adjourned.