Senate Journal 01/27/2006 1:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

THIRTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 27, 2006

The Senate convened at 1:00 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 Chelsea Hageman.

Roll Call: All members present except Sens. Gray, Koetzle, and Two Bulls who were 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 twelfth 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.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Warren Lotsberg of Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Warren Lotsberg pursuant to the executive message as found on page 154 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Gray; Koetzle; Two Bulls

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

COMMUNICATIONS AND PETITIONS

January 9, 2006

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Debra C. Flute, Roberts County, Sisseton, South Dakota, to the Board of Pardons and Paroles.

This appointment is effective immediately, and shall continue until January 15, 2007.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1048 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1008 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 Taxation respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

50fb

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

"Section 1. That § 10-33A-17 be amended to read as follows:

10-33A-17. Any person who:

(1) Makes any false or fraudulent return in attempting to defeat or evade the telecommunications gross receipts tax is guilty of a Class 6 felony;

(2) Fails to pay the telecommunications gross receipts tax due under this chapter within sixty days from the date the tax becomes due is guilty of a Class 1 misdemeanor;

(3) Fails to keep the records required by this chapter or refuses to exhibit these records to the department for the purpose of examination is guilty of a Class 1 misdemeanor;

(4) Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 1 misdemeanor;

(5) Engages in business as a telecommunications company under this chapter without obtaining a telecommunications gross receipts tax license is guilty of a Class 1 misdemeanor;

(6) Engages in business as a telecommunications company under this chapter after the company's telecommunications gross receipts tax license has been revoked or canceled by the secretary is guilty of a Class 6 felony;

(7) Willfully violates any rule of the secretary for the administration and enforcement of the provisions of this chapter is guilty of a Class 1 misdemeanor;

(8) Violates either subdivision (2) or subdivision (4) of this section two or more times in any twelve-month period is guilty of a Class 6 felony; or

(9) Engages in business as a telecommunications company under this chapter without obtaining a telecommunications gross receipts tax license after having been notified in writing by the secretary that the telecommunications company is subject to the provisions of this chapter is guilty of a Class 6 felony. However, it is not a violation of this subdivision if the telecommunications company providing any telecommunications service files an application for a telecommunications gross receipts tax license and meets all lawful prerequisites for obtaining such license within three days from receipt of written notice from the secretary.

For purposes of this section, the term, telecommunications company, includes corporate officers having control, supervision of, or charged with the responsibility for making tax returns or payments pursuant to this chapter. For purposes of this section, the term, person, includes an officer, member, member-manager, partner, general partner, or limited partner of an entity organized pursuant to Title 47 or 48 who has control or supervision of, or is charged with the responsibility for, making tax returns or payments pursuant to this chapter.

Section 2. That § 10-33A-18 be repealed.

10-33A-18. If a corporation subject to the gross receipts tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of its officers having control, or supervision of, or charged with the responsibility for making such returns and payments are personally liable for such failure. The dissolution of a corporation does not discharge an officer's liability for a prior failure of the corporation to make a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.

If any responsible corporate officer elects not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation shall provide the department with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual gross receipts multiplied by the applicable sales or gross receipts tax rate. This section does not apply to elected or appointed officials of a municipality if they are bonded pursuant to §§ 9-14-6 and 9-14-6.1.

Section 3. That § 10-45-48.1 be amended to read as follows:

10-45-48.1. Any person who:

(1) Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by this chapter is guilty of a Class 6 felony;

(2) Fails to pay tax due under this chapter within sixty days from the date the tax becomes due is guilty of a Class 1 misdemeanor;

(3) Fails to keep the records and books required by § 10-45-45 or refuses to exhibit these records to the secretary of revenue and regulation or his agents for the purpose of examination is guilty of a Class 1 misdemeanor;

(4) Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 1 misdemeanor;

(5) Engages in business as a retailer under this chapter without obtaining a sales tax license is guilty of a Class 1 misdemeanor;

(6) Engages in business as a retailer under this chapter after his sales tax license has been revoked by the secretary of revenue and regulation is guilty of a Class 6 felony;

(7) Willfully violates any rule of the secretary of revenue and regulation for the administration and enforcement of the provisions of this chapter is guilty of a Class 1 misdemeanor;

(8) Violates either subdivision (2) or subdivision (4) two or more times in any twelve-month period is guilty of a Class 6 felony;

(9) Engages in business as a retailer under this chapter without obtaining a sales tax license after having been notified in writing by the secretary of revenue and regulation that the person is a retailer subject to the provisions of the sales and use tax laws is guilty of a Class 6 felony. It is not a violation of this subdivision if the person engaging in business as a retailer files an application for a sales tax license and meets all lawful prerequisites for obtaining such license within three days from receipt of written notice from the secretary.

For purposes of this section, the term, person, includes corporate officers having control, supervision of or charged with the responsibility for making tax returns or payments pursuant to § 10-45-55. For purposes of this section, the term, person, includes an officer, member, member-manager, partner, general partner, or limited partner of an entity organized pursuant to Title 47 or 48 who has control or supervision of, or is charged with the responsibility for, making tax returns or payments pursuant to this chapter.

Section 4. That § 10-45-55 be repealed.

10-45-55. If a corporation subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of its officers having control, or supervision of, or charged with the responsibility for making such returns and payments shall be personally liable for such failure. The dissolution of a corporation shall not discharge an officer's liability for a prior failure of the corporation to make a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.

If the corporate officers elect not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation shall provide the Department of Revenue and Regulation with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual gross receipts multiplied by the applicable sales or excise tax rate. This section does not apply to elected or appointed officials of a municipality if they are bonded pursuant to §§ 9-14-6 and 9-14-6.1.

Section 5. That § 10-46-47.1 be repealed.

10-46-47.1. If a corporation subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of its officers having control, or supervision of, or charged with the responsibility for making such returns and payments shall be personally liable for such failure. The dissolution of a corporation shall not discharge an officer's liability for a prior failure of the corporation to make a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.

If the corporate officers elect not to be personally liable for the failure to file the required returns or to pay the tax due, the corporation shall provide the Department of Revenue and Regulation with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual gross receipts multiplied by the applicable sales or excise tax rate. This section does not apply to elected or appointed officials if they are bonded pursuant to §§ 9-14-6 and 9-14-6.1.

Section 6. That § 10-46A-13 be repealed.

10-46A-13. If a corporation subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of its officers having control, or supervision of, or charged with the responsibility for making such returns and payments shall be personally liable for such failure. The dissolution of a corporation shall not discharge an officer's liability for a prior failure of the corporation to make a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.

Section 7. That § 10-46A-13.1 be amended to read as follows:

10-46A-13.1. Any person who:

(1) Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by this chapter is guilty of a Class 6 felony;

(2) Fails to pay tax due under this chapter within sixty days from the date the tax becomes due is guilty of a Class 1 misdemeanor;

(4) Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 1 misdemeanor;

(5) Engages in business under this chapter without obtaining a contractor's excise tax license is guilty of a Class 1 misdemeanor;

(6) Engages in business under this chapter after his contractor's excise tax license has been revoked by the secretary of revenue and regulation is guilty of a Class 6 felony;

(7) Violates either subdivision (2) or subdivision (4) of this section two or more times in any twelve-month period is guilty of a Class 6 felony;

(8) Engages in business under this chapter without obtaining a contractor's excise tax license after having been notified in writing by the secretary of revenue and regulation that the person is a contractor subject to the provisions of the contractors' excise tax laws is guilty of a Class 6 felony. It is not a violation of this subdivision if the person engaging in business files an application for a contractor's excise tax license and meets all lawful prerequisites for obtaining such license within three days from receipt of written notice from the secretary.

For purposes of this section, the term, person, includes corporate officers having control, supervision of or charged with the responsibility for making tax returns or payments pursuant to § 10-46A-13. For purposes of this section, the term, person, includes an officer, member, member-manager, partner, general partner, or limited partner of an entity organized pursuant to Title 47 or 48 who has control or supervision of, or is charged with the responsibility for, making tax returns or payments pursuant to this chapter.

Section 8. That § 10-46B-11 be repealed.

10-46B-11. If a corporation subject to tax under this chapter fails for any reason to file the required returns or to pay the tax due, any of its officers having control, or supervision of, or charged with the responsibility for making such returns and payments shall be personally liable for such failure. The dissolution of a corporation shall not discharge an officer's liability for a prior failure of the corporation to make a return or remit the tax due. The sum due for such a liability may be assessed and collected as provided by law.

Section 9. That § 10-46B-11.1 be amended to read as follows:

10-46B-11.1. Any person who:

(1) Makes any false or fraudulent return in attempting to defeat or evade the tax imposed by this chapter is guilty of a Class 6 felony;

(2) Fails to pay tax due under this chapter within sixty days from the date the tax becomes due is guilty of a Class 1 misdemeanor;

(4) Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 1 misdemeanor;

(5) Engages in business under this chapter without obtaining a contractor's excise tax license is guilty of a Class 1 misdemeanor;

(6) Engages in business under this chapter after his contractor's excise tax license has been revoked by the secretary of revenue and regulation is guilty of a Class 6 felony;

(7) Violates either subdivision (2) or subdivision (4) two or more times in any twelve-month period is guilty of a Class 6 felony;

For purposes of this section, the term, person, includes corporate officers having control, supervision of or charged with the responsibility for making tax returns or payments pursuant to § 10-46B-11. For purposes of this section, the term, person, includes an officer, member, member-manager, partner, general partner, or limited partner of an entity organized pursuant to Title 47 or 48 who has control or supervision of, or is charged with the responsibility for, making tax returns or payments pursuant to this chapter.

Section 10. That § 10-47B-41 be repealed.

10-47B-41. A corporation subject to the taxes imposed by this chapter and its corporate officers are jointly and severally liable for the filing of reports or returns and the payment of tax, penalty, and interest due. The dissolution of a corporation does not discharge an officer's liability for a prior failure of the corporation to make a return or remit the tax due. An officer subject to personal liability is not discharged from that liability upon vacating the office. An officer may be discharged from future liability upon notifying the secretary in writing. The sum due for such a liability may be assessed and collected as provided by law.

Section 11. That chapter 10-59 be amended by adding thereto a NEW SECTION to read as follows:

If an entity organized pursuant to Title 47 or 48 fails for any reason to file the required returns or to pay the tax due, any person having control, or supervision of, or charged with the responsibility for making such returns and payments shall be personally liable for such failure. The dissolution of an entity organized pursuant to Title 47 or 48 does not discharge a person's liability for a prior failure of the entity to make a return or remit the tax due. The sum due for the liability may be assessed and collected as provided by law.

If a person who has control or supervision of, or is charged with the responsibility for making returns and payments of an entity organized pursuant to Title 47 or 48 elects not to be personally liable for the failure to file the required returns or to pay the tax due, the entity shall provide the department with a surety bond or certificate of deposit as security for payment of any tax that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual gross receipts multiplied by the applicable sales or excise tax rate. This section does not apply to an elected or appointed official of a municipality if the official is bonded pursuant to § § 9-14-6 and 9-14-6.1.

For purposes of this section, the term, person, includes an officer, member, member- manager, partner, general partner, or limited partner of an entity organized pursuant to Title 47 or 48 who has control or supervision of, or is charged with the responsibility for, making tax returns or payments pursuant to this chapter.

Section 12. That § 10-59-1 be amended to read as follows:

10-59-1. The provisions of this chapter apply to any taxes or fees or persons subject to taxes or fees imposed by, and to any civil or criminal investigation authorized by, chapters 10-33A, 10-39, 10-39A, 10-39B, 10-43, 10-45, 10-45D, 10-46, 10-46A, 10-46B, 10-46C, 10-47B, 10-52, 10-52A, 32-3, 32-3A, 32-5, 32-5B, 32-6B, 32-9, 32-10, and 34A-13 and §§ 22-25-48, 49-31-51, 50-4-13 to 50-4-17, inclusive, and the provisions of chapter 10-45B. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 173 and tabled the same.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 96 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 78, 128, and 179 and HJR 1001 and 1002 and returns the same with the recommendation that said bills and resolutions do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1003 and returns the same with the recommendation that said resolution be amended as follows:

j1003ob

On page 1 , line 4 of the printed resolution, after " Article III " insert "and Article IV".

On page 1, line 5, delete " 8 " and insert "10".

On page 4 , after line 7, insert:

"Section 9. That Article III be amended by adding thereto a NEW SECTION to read as follows:

§ 33. The members of the senate shall elect one member to preside as president of the senate.

The members of the house of representatives shall elect one member to preside as speaker of the house of representatives.

Section 10. That Article IV, section 5 of the Constitution of the State of South Dakota, be amended to read as follows:

§ 5. ~~The lieutenant governor shall be president of the senate but shall have no vote unless the senators be equally divided.~~ The lieutenant governor shall perform the duties and exercise the powers that may be delegated to him by the Governor.

Section 11. The provisions of sections 9 and 10 of this Joint Resolution are effective January 1, 2011."

And that as so amended said resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 125 and 163 and tabled the same.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 164 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1015, 1045, 1068, 1070, 1073, 1077, 1102, 1104, 1107, 1121, 1130, 1156, and 1190 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 3 Introduced by: Senators Smidt, Adelstein, Bartling, Duniphan, Hanson (Gary), Knudson, Lintz, and McCracken and Representatives Tidemann, Haverly, Heineman, Hunhoff, Murschel, O'Brien, Roberts, Schafer, Sebert, and Van Norman

A CONCURRENT RESOLUTION, Supporting youth mentoring programs for South Dakota.

Was read the first time.

The committee referral was waived and SCR3 was placed on the calendar of Monday, January 30, the 14^th legislative day.

SCR 4 Introduced by: Senators Bogue, Dempster, and Two Bulls and Representatives Bradford, Valandra, and Van Norman

A CONCURRENT RESOLUTION, Requesting the South Dakota Congressional Delegation and the United States Congress to address significant deficiencies in the dental health care provided to American Indians.

Was read the first time.

The committee referral was waived and SCR 4 was placed on the calendar of Monday, January 30, the 14^th legislative day.

SCR 2: A CONCURRENT RESOLUTION, Recommending Master Sergeant Woodrow Wilson Keeble for the Medal of Honor.

Was read the second time.

Sen. Schoenbeck moved that SCR 2 as found on page 209 of the Senate Journal be adopted.

The question being on Sen. Schoenbeck's motion that SCR 2 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

HCR 1002: A CONCURRENT RESOLUTION, Endorsing the American Kennel Club's Canine Good Citizen Program and supporting its efforts to promote responsible dog ownership in the state of South Dakota.

Was read the second time.

Sen. Moore moved that the Senate do concur in HCR 1002 as found on page 201 of the House Journal.

The question being on Sen. Moore's motion that the Senate do concur in HCR 1002.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.

Yesterday, Sen. Dempster announced his intention to reconsider the vote by which SB 106 passed.

Sen. Dempster moved that the Senate do now reconsider the vote by which SB 106 passed.

The question being on Sen. Dempster's motion to reconsider the vote by which SB 106 passed.

And the roll being called:

Yeas 19, Nays 13, Excused 3, Absent 0

Yeas:
Abdallah; Bartling; Dempster; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Kloucek; Knudson; Kooistra; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Adelstein; Apa; Bogue; Broderick; Duenwald; Duniphan; Hanson (Gary); Hundstad; Koskan; Lintz; McCracken; McNenny; Napoli

Excused:
Gray; Koetzle; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 106 was up for reconsideration and final passage.

Sen. Dempster moved that SB 106 be immediately considered.

Which motion prevailed.

SB 106: FOR AN ACT ENTITLED, An Act to exempt certain small sand, gravel, and other extraction operations from license fees and surety requirements.

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

Sen. Bogue moved the previous question.

Which motion prevailed.

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

And the roll being called:

Yeas 12, Nays 20, Excused 3, Absent 0

Yeas:
Adelstein; Apa; Bogue; Duenwald; Duniphan; Greenfield; Hundstad; Koskan; Lintz; McCracken; McNenny; Napoli

Nays:
Abdallah; Bartling; Broderick; Dempster; Earley; Gant; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Kooistra; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Excused:
Gray; Koetzle; Two Bulls

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

Yesterday, Sen. Moore announced his intention to reconsider the vote by which SB 132 lost.

No member moved to reconsider the vote by which SB 132 lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on SB 72 as found on page 218 of the Senate Journal ; also

Commerce on SB 89 as found on page 207 of the Senate Journal ; also

Commerce on SB 133 as found on page 208 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire an equestrian facility for South Dakota State University and to declare an emergency.

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

HB 1045: FOR AN ACT ENTITLED, An Act to modify the requirements for coordination of benefits between health plans.

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

HB 1068: FOR AN ACT ENTITLED, An Act to require the names of certain parties to be listed in instruments recorded by the register of deeds.

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

HB 1070: FOR AN ACT ENTITLED, An Act to prohibit insurers from taking certain actions based on receipt of a notice of hearing and charges against insurance producers and to require that persons receiving such notice also receive notice of the final determination of the matter.

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

HB 1073: FOR AN ACT ENTITLED, An Act to revise the circumstances under which certain arrests may be effected without warrant.

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

HB 1077: FOR AN ACT ENTITLED, An Act to authorize water user districts to establish and operate wastewater systems.

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

HB 1102: FOR AN ACT ENTITLED, An Act to expand the board of technical professions.

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

HB 1104: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of eavesdropping.

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

HB 1107: FOR AN ACT ENTITLED, An Act to clarify the definition of a salvage vehicle.

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

HB 1121: FOR AN ACT ENTITLED, An Act to revise notification requirements for certain planning and zoning changes.

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

HB 1130: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot for use by vehicle dealers.

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

HB 1156: FOR AN ACT ENTITLED, An Act to require a study of the continuum of care needs for senior citizens.

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

HB 1190: FOR AN ACT ENTITLED, An Act to specifically exclude ridden animals and bicycles from the definition of vehicles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Kloucek requested that SB 155 be removed from the Consent Calendar.

SB 5: FOR AN ACT ENTITLED, An Act to adjust certain participation standards for the South Dakota special pay retirement program.

Was read the second time.

The question being "Shall SB 5 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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 6: FOR AN ACT ENTITLED, An Act to define certain terms related to the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 6 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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 7: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the level income payment option within the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 7 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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 8: FOR AN ACT ENTITLED, An Act to establish to whom the South Dakota Retirement System may make benefit payments on behalf of minors.

Was read the second time.

The question being "Shall SB 8 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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 9: FOR AN ACT ENTITLED, An Act to revise certain beneficiary provisions of the South Dakota Retirement System.

Was read the second time.

The question being "Shall SB 9 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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 182: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the organization decals that may be displayed on a motor vehicle license plate.

Was read the second time.

The question being "Shall SB 182 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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.

HB 1052: FOR AN ACT ENTITLED, An Act to update the reference to certain federal regulations regarding financial assistance to persons displaced by highway acquisition.

Was read the second time.

The question being "Shall HB 1052 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Koetzle; 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.

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

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 30 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 154 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 Appropriations respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2ha

On page 1, line 4 of the printed bill, delete " one hundred " .

On page 1 , line 5, delete " eighty-five thousand sixty-three dollars ($185,063) " and insert "one hundred ninety-one thousand two dollars ($191,002)".

On page 1 , line 7, delete " one hundred sixty-nine thousand five hundred thirty-four dollars ($169, 534) " and insert "one hundred seventy-five thousand four hundred seventy-three dollars ($175,473)".

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

20za

On page 2, after line 4 of the printed bill, insert:

"Section 5. No general fund dollars may be used for the maintenance and repair of the facility authorized by this Act."

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

21za

On page 2, after line 6 of the printed bill, insert:

"Section 5. No general fund dollars may be used for the maintenance and repair of the facility authorized by this Act."

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

23za

On page 2, after line 6 of the printed bill, insert:

"Section 5. Notwithstanding the provisions of § 13-51-2, no money from the state general fund, student tuition fees, nor the educational facilities fund may be used to finance the maintenance and repair of the facilities specified in this Act."

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

88cb

On page 1, line 10 of the Senate Education Committee engrossed bill, delete everything after " . " .

On page 1 , delete lines 11 to 14 , inclusive.

Delete page 2 .

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 158 and 160 and tabled the same.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 70 and 86 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

Sen. Bogue moved that SB 10, 42, 92, 108, 122, 127, 148, and 149 and HB 1002, 1003, 1033, 1050, 1051, and 1053 be deferred to Monday, January 30^th, the 14^th legislative day.

Which motion prevailed.

Sen. Moore moved that the Senate do now adjourn, which motion prevailed and at 1:49 p.m. the Senate adjourned.

Patricia Adam, Secretary