Senate Journal 02/13/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 13, 2006

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

The prayer was offered by the Chaplain, Pastor Alia Stowers, followed by the Pledge of Allegiance led by Senate page Kelsye Gould.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

The oath of office was administered by the President to the following named persons:

Pages: Victoria Cuka, Kelsye Gould, Kerry Hagen, Sydney Jones, Isabelle Lankhorst, Aaron Lorenzen, Katie Manning, Natalie Nagle, Jennifer Pogany, Kyle Roth, and Tiffany Trask.

Which were subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 10, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 9, 2006, I approved Senate Bills 42 and 54, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1054, 1080, 1091, 1127, and 1173 and returns the same with the recommendation that said bills do pass.

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 1141 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1132 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:

1149rf

On page 3, between lines 5 and 6 of the House Judiciary Committee engrossed bill, insert:

"Section 7. That § 23A-43-31 be amended to read as follows:

23A-43-31. Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 23A- 43-4.2 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:

(1) If such person was released in connection with a charge of a felony, an alleged felony violation of § 32-23-1, or ~~while awaiting sentence or pending appeal or certiorari after conviction of any offense~~ fails to report for a jail or penitentiary sentence for any offense , be guilty of a Class 6 felony;

(2) If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or

(3) If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor. "

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1218 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 24, 38, and 40 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 24, 38, and 40 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1013, 1040, 1055, 1090, 1119, 1150, 1167, 1175, 1176, 1180, 1203, 1219, 1221, 1223, 1235, 1238, 1240, 1241, 1242, and 1244 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Friday, Sen. Koetzle announced his intention to reconsider the vote by which HB 1178 lost.

Sen. Koetzle moved that the Senate do now reconsider the vote by which HB 1178 lost.

The question being on Sen. Koetzle's motion to reconsider the vote by which HB 1178 lost.

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Dempster; Duniphan; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McCracken; McNenny; Schoenbeck; Smidt; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1178 was up for reconsideration and final passage.

Sen. Koetzle moved that HB 1178 be immediately reconsidered.

Which motion prevailed and HB 1178 was up for immediate reconsideration.

HB 1178: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain honorary trusts and of certain trusts for animals.

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

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Dempster; Duniphan; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McCracken; McNenny; Schoenbeck; Smidt; Sutton (Duane)

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.

SCR 5 Introduced by: Senators Napoli, Apa, Bartling, Bogue, Duenwald, Duniphan, Greenfield, Hansen (Tom), Kloucek, Koskan, Lintz, McCracken, McNenny, Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Brunner, Bradford, Buckingham, Davis, Dennert, Frost, Fryslie, Garnos, Hackl, Haley, Halverson, Haverly, Hills, Howie, Jensen, Klaudt, Lange, O'Brien, Pederson (Gordon), Rausch, Rave, Rhoden, Rounds, Sebert, Tidemann, Turbiville, Valandra, and Van Etten

A CONCURRENT RESOLUTION, Recognizing the contributions of private landowners to the support of big game populations and requesting the Department of Game, Fish and Parks to alleviate financial losses to private landowners through wildlife depredation.

WHEREAS, South Dakota enjoys a long tradition of public shooting sports which are enjoyed by thousands of resident and nonresident hunters; and

WHEREAS, the continued existence of this outstanding sport resource is dependant in great measure upon the stewardship, goodwill, and civic mindedness of our farmers, ranchers, and private landowners; and

WHEREAS, the foraging of herds of deer, elk, and antelope can and do deplete the pasture and crops of our farmers and ranchers and sometimes comprise a substantial financial burden especially in times of drought and economic downturn; and

WHEREAS, South Dakota's hunters and sportsmen not only expect but desire that the Department of Game, Fish and Parks will attempt to alleviate wildlife depredation losses and that revenues from hunting licenses and similar fees will support such efforts:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Department of Game, Fish and Parks should redouble its efforts to respond to and alleviate wildlife depredation complaints from South Dakota agriculturalists; and

BE IT FURTHER RESOLVED, that the sporting and hunting communities who utilize the magnificent big game resources that South Dakota offers recognize and acknowledge the enormous contribution of farmers, ranchers, and private landowners in fostering, maintaining, and preserving our deer, elk, and antelope populations.

Was read the first time.

The committee referral was waived and SCR 5 was placed on the calendar of Tuesday, February 14, the 25^th legislative day.

CONSIDERATION OF REPORT OF COMMITTEE

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

Judiciary on HB 1186 as found on page 453 of the Senate Journal be adopted.

Which motion prevailed and the report was adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1013: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents for the construction, remodeling, or renovation of various structures or facilities on the campuses of the state's universities to provide additional support for women's athletic programs in furtherance of the policies and objectives of Title IX of the Education Act Amendments of 1972.

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

HB 1040: FOR AN ACT ENTITLED, An Act to revise the minimum monthly fee charged for care at the Human Services Center.

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

HB 1055: FOR AN ACT ENTITLED, An Act to appropriate money for trade representation in China, and to declare an emergency.

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

HB 1090: FOR AN ACT ENTITLED, An Act to appropriate money for compensatory payments to certain school districts.

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

HB 1119: FOR AN ACT ENTITLED, An Act to repeal certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency.

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

HB 1150: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to controlled drugs and substances.

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

HB 1167: FOR AN ACT ENTITLED, An Act to create a tax relief fund and to dedicate certain sales and use tax revenue received by the state through the Streamlined Sales and Use Tax Agreement.

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

HB 1175: FOR AN ACT ENTITLED, An Act to appropriate money for nonrecurring education enrichment.

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

HB 1176: FOR AN ACT ENTITLED, An Act to allow the Department of Education to enter into certain enrollment agreements with the state of Minnesota.

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

HB 1180: FOR AN ACT ENTITLED, An Act to prohibit certain acts of child abuse and endangerment and to provide penalties therefor.

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

HB 1203: FOR AN ACT ENTITLED, An Act to define marital and nonmarital property for the purposes of the division of property between parties at divorce.

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

HB 1219: FOR AN ACT ENTITLED, An Act to revise the advice that a law enforcement officer must give any person arrested for driving under influence.

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

HB 1221: FOR AN ACT ENTITLED, An Act to create a statewide mathematics initiative and to make an appropriation therefor.

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

HB 1223: FOR AN ACT ENTITLED, An Act to require the Department of Education to include proposed legislation in the final report of the study of school funding, and to revise the deadline for submission of the report.

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

HB 1235: FOR AN ACT ENTITLED, An Act to increase the compulsory attendance age for school attendance.

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

HB 1238: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, and to declare an emergency.

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

HB 1240: FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund, to make an appropriation for low income energy assistance, and to declare an emergency.

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

HB 1241: FOR AN ACT ENTITLED, An Act to reappropriate certain moneys to fund sales tax on food refunds.

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

HB 1242: FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund to the property tax reduction fund.

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

HB 1244: FOR AN ACT ENTITLED, An Act to transfer funds from the railroad trust fund, to make an appropriation to construct instructional classrooms, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Kloucek requested that HB 1135 be removed from the Consent Calendar.

HB 1205: FOR AN ACT ENTITLED, An Act to provide for an exemption to the records search fee for attorneys of record.

Was read the second time.

The question being "Shall HB 1205 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 30: FOR AN ACT ENTITLED, An Act to revise the use of certain funds in the Department of Education.

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

The question being "Shall SB 30 pass?"

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Adelstein; Bartling; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Smidt; Sutton (Dan); Two Bulls

Nays:
Abdallah; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Greenfield; Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane)

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

SB 157: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of the right of eminent domain by a railroad.

Was read the second time.

157ff

Sen. Schoenbeck moved that SB 157 be amended as follows:

On page 2, after line 12 of the printed bill, insert:

"Section 2. Each electric utility, public utility, gas utility, municipal utility, municipal power agency, joint action agency, consumers power district, pipeline company, telecommunications company, and rural water system has the right to the use of the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of facilities is outside the public right-of-way."

Sen. Tom Hansen requested a roll call vote.

Which request was not supported.

Sen. Schoenbeck's motion prevailed.

The question being "Shall SB 157 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

The question being on the title.

Sen. Schoenbeck moved that the title to SB 157 be amended as follows:

On page 1, line 2 of the printed bill, after " railroad " insert "and to provide for the use of railroad rights-of-way by utility companies".

Which motion prevailed.

SB 168: FOR AN ACT ENTITLED, An Act to appropriate money for enhancement of secondary career and technical education.

Was read the second time.

The question being "Shall SB 168 pass?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Apa; Dempster; Earley; Knudson; Kooistra; Koskan; Nesselhuf; Sutton (Duane)

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. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HJR 1001 and has appointed Reps. Michels, Rhoden, and Hargens 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.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1039 and 1189 and HJR 1003.

Also MR. PRESIDENT:

I have the honor to return herewith SB 156 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Tom Hansen moved that the rules be suspended for the sole purpose of immediately considering House amendments to SB 156.

The question being on Sen. Hansen's motion that the rules be suspended for the sole purpose of immediately considering House amendments to SB 156.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Tom Hansen moved that the Senate do concur in House amendments to SB 156.

The question being on Sen. Hansen's motion that the Senate do concur in House amendments to SB 156.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 198: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances.

Was read the second time.

Sen. Bogue moved that SB 198 and 134 be placed to follow SB 188 on today's calendar.

Which motion prevailed.

Sen. Bogue moved that SB 121 be immediately considered.

Which motion prevailed and SB 121 was up for immediate consideration.

SB 121: FOR AN ACT ENTITLED, An Act to clarify provisions regarding the use of railroad rights-of-way by utility companies.

Was read the second time.

Sen. Bogue moved that SB 121 be laid on the table.

The question being on Sen. Bogue's motion that SB 121 be laid on the table.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SB 202: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to increased energy costs in K-12 school districts and postsecondary vocational education institutions and to declare an emergency.

Was read the second time.

The question being "Shall SB 202 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to abortion.

Was read the second time.

j2tb

Sen. Greenfield moved that SJR 2 be further amended as follows:

On page 1, line 12 of the Senate State Affairs Committee engrossed resolution, after " abortion " insert "or the public funding thereof".

Which motion lost.

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Sen. Dempster moved that SJR 2 be further amended as follows:

On page 1, line 12 of the Senate State Affairs Committee engrossed resolution, after " abortion " insert ", except in the case of rape or incest, or when the life or health of the woman is threatened".

Sen. McCracken requested a roll call vote.

Which request was supported.

The question being on Sen. Dempster's motion that SJR 2 be further amended.

And the roll being called:

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Adelstein; Dempster; Duniphan; Hanson (Gary); Hundstad; Knudson; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Sutton (Duane)

Nays:
Abdallah; Apa; Bartling; Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Kloucek; Koetzle; Koskan; Lintz; McNenny; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls

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 SJR 2 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Broderick; Hundstad; Kooistra; Nesselhuf

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 156 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

SIGNING OF BILLS

The President publicly read the title to

SB 156: FOR AN ACT ENTITLED, An Act to prohibit the picketing of funerals under certain circumstances, to provide penalties for the violation thereof, and to declare an emergency.

And signed the same in the presence of the Senate.

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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 156 was delivered to his Excellency, the Governor, for his approval at 3:40 p.m., February 13, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 143: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair.

Was read the second time.

143fb

Sen. Knudson moved that SB 143 be further amended as follows:

On page 1 of the Senate Appropriations Committee engrossed bill, delete lines 6 to 10 , inclusive.

Which motion lost.

The question being "Shall SB 143 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; 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

Nays:
Abdallah; Duniphan; Gray; Kooistra

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.

SB 153: FOR AN ACT ENTITLED, An Act to transfer certain moneys from the railroad trust fund to the property tax reduction fund and to declare an emergency.

Was read the second time.

The question being "Shall SB 153 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

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.

SB 188: FOR AN ACT ENTITLED, An Act to prohibit governmental entities from selling certain goods, commodities, and services to the general public.

Was read the second time.

188oc

Sen. Schoenbeck moved that SB 188 be further amended as follows:

On page 1, line 9 of the Senate State Affairs Committee engrossed bill, delete " No " and insert "Unless authorized by law, no".

On page 2 , line 3, after " utilities, " insert "hospitals or nursing homes, institutions governed by the Board of Regents, and public schools,".

On page 2 , line 7, delete " If " and insert "Unless authorized by law, if".

On page 2 , line 8, delete " the sale " and insert "new or expand existing sales".

On page 2 , line 10, after " ordinance " insert ", resolution, or other official action".

On page 2 , line 11, after " ordinance " insert ", resolution, or other official action".

On page 2 , line 13, after " ordinance " insert ", resolution, or other official action of".

On page 2 , line 18, after " ordinance " insert ", resolution, or other official action".

On page 2 , line 20, after " ordinance " insert ", resolution, or official action".

On page 2 , line 20, after " referendum " insert "if authorized by law".

On page 2 , line 21, after " resolution " insert ", ordinance, or other official action".

On page 2 , line 23, after " ordinance " insert ", resolution, or other official action of the governing body".

On page 2 , line 24, after " to the " insert "substantial".

On page 3 , line 1, after " entity " insert ", unless such activities are authorized by law".

On page 3 , after line 1, insert:

"Section 7. Actions taken in violation of this Act shall be valid as to any party relying on the action of the governing body but violations of the Act shall be set forth in the audits of the governmental entity. The auditor general shall report these violations to the Government Operations and Audit Committee annually. Any person may report violations of this Act to the Government Operations and Audit Committee of the Legislature."

Which motion prevailed.

The question being "Shall SB 188 pass as amended?"

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Abdallah; Apa; Bartling; Bogue; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Koskan; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan)

Nays:
Adelstein; Broderick; Dempster; Duenwald; Duniphan; Earley; Knudson; Kooistra; Lintz; McNenny; Peterson (Jim); Smidt; Sutton (Duane); 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.

The President announced Sens. Schoenbeck, Bogue, and Moore as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HJR 1001.

Sen. Bogue moved that the Senate do now recess until 5:15 p.m., which motion prevailed and at 4:44 p.m., the Senate recessed.

RECESS

The Senate reconvened at 5:15 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 198: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances.

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

198cf

Sen. Knudson moved that SB 198 be amended as follows:

On page 4, after line 23 of the printed bill, insert:

"Section 6. There is hereby appropriated from the state general fund the sum of seven million five hundred thousand dollars ($7,500,000), or so much thereof that may be necessary, to the twenty-first century education fund which is hereby created in the Department of Education. The secretary of the Department of Education shall annually distribute the proceeds from the fund to school districts based on average daily membership as defined in subdivision 13-13-10.1(1) at the same time that foundation program state aid is distributed to school districts pursuant to § § 13-13-10.1 to 13-13-41, inclusive.

Section 7. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 8. It is the intent of the Legislature to appropriate additional funds to the twenty-first century education fund in future years. Fifty percent of the additional funds will come from the state's general fund, and the remaining fifty percent will come from the education enhancement trust fund. The amounts the Legislature intends to appropriate are as follows:

(1) For fiscal year 2008, the sum of fifteen million dollars ($15,000,000);

(2) For fiscal year 2009, the sum of twenty two million five hundred dollars ($22,500,000);

(3) For fiscal year 2010, the sum of thirty million dollars ($30,000,000).

Section 9. For fiscal year 2011 and subsequent years, it is the intent of the Legislature that the amount appropriated to the twenty-first century education fund shall equal the amount appropriated to the fund for the most recent fiscal year increased by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment.

Section 10. School districts that meet adequate yearly progress in reading and math based on the growth model established by the Department of Education shall receive funding from the twenty-first century education fund according to the provisions of section 6 of this Act.

Section 11. Those school districts that fail to meet adequate yearly progress based on the growth model may apply to the department for a grant to assist the district in meeting future academic targets. In order to qualify for a grant, a school district shall submit to the department a school district improvement plan outlining the steps the district will undertake to reach adequate yearly progress, and the plan shall be approved by the secretary of education. The grants shall be awarded from funds available in the twenty-first century education fund. However, no grant may be awarded to a school district in an amount that exceeds what that school district would have received if it had achieved adequate yearly progress.

Section 12. That § 4-5-29.2 be amended to read as follows:

4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment officer shall calculate an amount equal to ~~four~~ five percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2007, the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year.

Section 13. The state treasurer shall transfer from the state general fund an amount equal to one percent of the fair value of the education enhancement trust fund to the sparse school district fund which is hereby created in the state treasury. The purpose of the fund is to provide funding to sparse school districts pursuant to this Act.

Section 14. There is hereby appropriated from the sparse school district fund the sum of three million eight hundred thousand dollars ($3,800,000), or so much thereof as may be necessary, to the Department of Education for distribution to sparse school districts pursuant to this Act.

Section 15. Terms used in this Act mean:

(1) "Sparse school district," a school district that meets each of the following criteria:

(a) Has an average daily membership per square mile of 0.50 or less;

(b) Has an average daily membership of five hundred or less;

(d) Has at least five miles between its secondary attendance center or centers and that of an adjoining district;

(e) Operates a secondary attendance center; and

(f) Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more;

(2) "Sparsity average daily membership," calculated as follows:

(a) For sparse school districts with an adjusted average daily membership as defined in subdivision 13-13-10.1 (2) of greater than two hundred seventy- five, divide the average daily membership as defined in subdivision 13-13- 10.1 (1) by the area of the school district in square miles;

(b) Multiply the quotient obtained in subsection (a) times negative 0.10;

(d) Multiply the sum obtained in subsection (c) times the average daily membership;

(3) "Sparsity adjusted average daily membership," calculated as follows: For any sparse school district with an adjusted average daily membership as defined in subdivision 13-13-10.1 (2) of no less than one hundred, but no more than two hundred seventy- five, the sparsity adjusted average daily membership is two hundred seventy-five .

Section 16. At the same time that foundation program state aid is distributed to school districts pursuant to § § 13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute the proceeds from the sparse school district fund to sparse school districts based on either the sparsity average daily membership calculation or the sparsity adjusted average daily membership calculation in section 15 of this Act.

Section 17. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval. "

198cj

Sen. Adelstein moved that Sen. Knudson's amendment to SB 198 be amended as follows:

On the previous amendment (198cf) in section 8, delete "Fifty percent of the additional funds will come from the state's general fund, and the remaining fifty percent will come from the education enhancement trust fund."

In section 8, subdivision 2, after "hundred", insert "thousand".

Which motion prevailed.

198ci

Sen. Bogue moved as a substitute motion that SB 198 be amended as follows:

On page 4, after line 23 of the printed bill, insert:

Section 7. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

(1) For fiscal year 2008, the sum of fifteen million dollars ($15,000,000);

(2) For fiscal year 2009, the sum of twenty two million five hundred dollars ($22,500,000);

Section 12. That § 4-5-29.2 be amended to read as follows:

Section 14. There is hereby appropriated from the sparse school district fund the sum of two million four hundred thousand dollars ($2,400,000), or so much thereof as may be necessary, to the Department of Education for distribution to sparse school districts pursuant to this Act.

Section 15. Terms used in this Act mean:

(1) "Sparse school district," a school district that meets each of the following criteria:

(a) Has an average daily membership per square mile of 0.50 or less;

(b) Has an average daily membership of five hundred or less;

(d) Has at least five miles between its secondary attendance center or centers and that of an adjoining district;

(e) Operates a secondary attendance center; and

(f) Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more;

(2) "Sparsity average daily membership," calculated as follows:

(b) Multiply the quotient obtained in subsection (a) times negative 0.10;

(d) Multiply the sum obtained in subsection (c) times the average daily membership;

198ck

Sen. Adelstein moved that Sen. Bogue's substitute amendment to SB 198 be amended as follows:

On the previous amendment (198ci) in section 8, delete "Fifty percent of the additional funds will come from the state's general fund, and the remaining fifty percent will come from the education enhancement trust fund."

In section 8, subdivision 2, after "hundred", insert "thousand".

Which motion prevailed.

Sen. Bogue's substitute motion as amended prevailed.

198ch

Sen. Bartling moved that SB 198 be further amended as follows:

On page 4, after line 23 of the printed bill, insert:

Section 7. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 8. The Legislature shall appropriate additional funds to the twenty-first century education fund in future years. Fifty percent of the additional funds will come from the state's general fund, and the remaining fifty percent will come from the education enhancement trust fund. The amounts the Legislature shall appropriate are as follows:

(1) For fiscal year 2008, the sum of fifteen million dollars ($15,000,000);

(2) For fiscal year 2009, the sum of twenty two million five hundred dollars ($22,500,000);

(3) For fiscal year 2010, the sum of thirty million dollars ($30,000,000).

Section 9. For fiscal year 2011 and subsequent years, the Legislature shall appropriate to the twenty-first century education fund an amount equal to the amount appropriated to the fund for the most recent fiscal year increased by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment.

Section 10. Beginning in fiscal year 2007, and in each fiscal year thereafter, five million dollars ($5,000,000) shall be transferred from the property tax reduction fund to the twenty-first century education fund for distribution to school districts.

Section 11. School districts that meet adequate yearly progress in reading and math based on the growth model established by the Department of Education shall receive funding from the twenty-first century education fund according to the provisions of section 6 of this Act.

Section 12. Those school districts that fail to meet adequate yearly progress based on the growth model may apply to the department for a grant to assist the district in meeting future academic targets. In order to qualify for a grant, a school district shall submit to the department a school district improvement plan outlining the steps the district will undertake to reach adequate yearly progress, and the plan shall be approved by the secretary of education. The grants shall be awarded from funds available in the twenty-first century education fund. However, no grant may be awarded to a school district in an amount that exceeds what that school district would have received if it had achieved adequate yearly progress.

Section 13. That § 4-5-29.2 be amended to read as follows:

4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment officer shall calculate an amount equal to ~~four~~ five percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year ~~2007~~ 2008 , the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year. "

Sen. Koetzle requested a roll call vote.

Which request was supported.

The question being on Sen. Bartling's motion that SB 198 be further amended.

And the roll being called:

Yeas 10, Nays 25, Excused 0, Absent 0

Yeas:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

Nays:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

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

198ce

Sen. Moore moved that SB 198 be further amended as follows:

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

"Section 1. There are hereby established within the state treasury the one-time education adequacy fund and the ongoing education adequacy fund. The commissioner of the Bureau of Finance and Management shall transfer the proceeds of the property tax reduction fund to the one-time education adequacy fund. In addition, on July first of each fiscal year or at such time that the prior fiscal year general fund ending unobligated cash balance is determined, the commissioner of the Bureau of Finance and Management shall transfer all prior year unobligated cash to the one-time education adequacy fund. Proceeds from the ongoing education adequacy fund shall be used to fund supplemental general school aid established in section 7 of this Act. If the proceeds are not sufficient to fully fund the supplemental general school aid, proceeds from the one-time education adequacy fund shall also be used for that purpose.

This section is repealed when the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment as defined in section 8 of this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2), and any money remaining in the one-time education adequacy fund at that time shall revert to the property tax reduction fund.

Section 2. On July 1, 2006, or as soon thereafter as moneys are available, the commissioner of the Bureau of Finance and Management shall transfer nineteen million eight hundred eighty- seven thousand six hundred thirty dollars ($19,887,630) from the railroad trust fund to the one- time education adequacy fund.

Section 3. That § 4-7-32 be amended to read as follows:

4-7-32. On When the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment as defined in section 8 of this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2) and on July first of each fiscal year thereafter or at such time that the prior fiscal year general fund ending unobligated cash balance is determined, the commissioner ~~of the Bureau of Finance~~ ~~and Management~~ shall transfer all prior year unobligated cash up to an amount equal to ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year into the budget reserve fund. In no event shall the cash balance in the budget reserve fund be greater than ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year.

Expenditures out of the budget reserve fund shall only be by special appropriation of the Legislature and shall only redress such unforeseen expenditure obligations or such unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D. Const., Art. III, § 1.

Section 4. That § 4-7-39 be amended to read as follows:

4-7-39. ~~The~~ When the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to school districts in an amount equal to the supplemental base allotment as defined in section 8 of this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2), the commissioner ~~of the Bureau of Finance and Management~~ shall transfer any unobligated cash remaining after the transfer into the budget reserve fund as required by § 4-7- 32 into the property tax reduction fund if the amount in the property tax reduction fund does not exceed fifteen percent of the general fund appropriations in the General Appropriations Act for the previous fiscal year.

Section 5. That chapter 4-7 be amended by adding thereto a NEW SECTION to read as follows:

For the period beginning on July 1, 2007 and ending when the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment as defined in section 8 of this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2), the total general fund moneys appropriated by the general appropriations act and any special appropriations may not increase from the total general fund moneys appropriated by the general appropriations act and any special appropriations of the most recent fiscal year by more than one-half percent plus the index factor as defined in subdivision 13-13-10.1(3). If, during this period of time, the general fund revenues for a fiscal year exceed the allowable increase, the revenue exceeding the allowable increase shall be transferred by the commissioner of the Bureau of Finance and Management to the ongoing education adequacy fund. However, the proceeds from any tax or tax increase enacted on or after July 1, 2007 shall be excluded from this calculation, and those revenues may be appropriated through the general appropriations act even if they are in excess of the allowable increase. In addition, any moneys used to provide medical services pursuant to chapter 28-6 shall also be excluded from this calculation.

Section 6. That § 10-13-44 be amended to read as follows:

10-13-44. The property tax reduction fund is hereby created in the state treasury. ~~The~~ When the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment as defined in section 8 of this Act per adjusted average daily membership as defined in subdivision 13-13-10.1(2), the Department of Revenue and Regulation shall distribute any money appropriated to the fund. Effective January 1, 1996, through December 31, 1996, the State of South Dakota may remit tax credit payments on a monthly basis for eligible property taxpayers on or about the last day of every month. Tax credit payments shall be sent to counties based upon information received from the counties pursuant to § 10-13-43. In fiscal year 1997 and each year thereafter, the The commissioner of finance and management may transfer moneys available from the property tax reduction fund to the general fund necessary to provide property tax relief through state aid to education.

Section 7. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

For the period beginning on July 1, 2006 and ending when the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment defined in section 8 of this Act per adjusted average daily membership, local school districts, in addition to receiving general school aid distributed pursuant to § § 13-13-10.1 to 13-13-41, inclusive, shall also receive supplemental general school aid. General funds appropriated for supplemental general school aid pursuant to this section may not be calculated in or subject to the spending limitations set forth in section 5 of this Act.

Section 8. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

Supplemental general school aid pursuant to section 7 of this Act shall be distributed to local school districts as follows:

(1) In fiscal year 2007, each school district shall receive a supplemental payment per average daily membership that is equal to twenty percent of the supplemental base allotment;

(2) In fiscal year 2008, each school district shall receive a supplemental payment per average daily membership that is equal to forty percent of the supplemental base allotment;

(3) In fiscal year 2009, each school district shall receive a supplemental payment per average daily membership that is equal to sixty percent of the supplemental base allotment;

(4) In fiscal year 2010, each school district shall receive a supplemental payment per average daily membership that is equal to eighty percent of the supplemental base allotment; and

(5) In fiscal year 2011, each school district shall receive a supplemental payment per average daily membership that is equal to the supplemental base allotment.

For purposes of this section, the supplemental base allotment equals $820.30 in fiscal year 2007 and is the previous year's supplemental base allotment increased by the index factor in subsequent years. The index factor is defined in subdivision 13-13-10.1(3).

Section 9. That § 13-13-10.1 be amended to read as follows:

13-13-10.1. Terms used in this chapter mean:

(1) "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition;

(1A) Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

(2) "Adjusted average daily membership," calculated as follows:

(a) For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

(b) For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

(c) For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

(3) "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less total general fund revenues received by the state for the year before the year immediately preceding the year of adjustment ;

(4) "Per student allocation," for the first school fiscal year ~~2006 is $4,237.72~~ following the effective date of this section, it is the previous fiscal year's per student allocation increased by the index factor plus the supplemental base allotment as defined in section 8 of this Act . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

(5) "Local need," the per student allocation multiplied by the adjusted average daily membership;

(6) "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

(7) "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

(8) "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

(9) "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

(10) "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

(11) "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

(12) "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

Section 10. Section 9 of this Act is effective when the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment as defined in section 8 of this Act per adjusted average daily membership.

Section 11. Beginning one year following the date when the commissioner of the Bureau of Finance and Management determines that the ongoing education adequacy fund established in section 1 of this Act is sufficient to provide funding to each school district in an amount equal to the supplemental base allotment, all existing excess tax levies authorized pursuant to § 10-12- 43 are hereby revoked, and no new excess tax levies pursuant to § 10-12-43 may be imposed for a period of one year."

Sen. Koetzle requested a roll call vote.

Which request was supported.

The question being on Sen. Moore's motion that SB 198 be further amended.

And the roll being called:

Yeas 10, Nays 25, Excused 0, Absent 0

Yeas:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

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 198 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Koetzle; Moore; Two Bulls

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

The question being on the title.

Sen. Bogue moved that the title to SB 198 be amended as follows:

On page 1, line 2 of the printed bill, after " balances " insert ", to appropriate funds to increase funding to education and assist sparse school districts, and to increase the distribution from the education enhancement trust fund".

Which motion prevailed.

SB 134: FOR AN ACT ENTITLED, An Act to revise the distribution of state aid to education, to provide funding for sparse school districts, and to make an appropriation therefor.

Was read the second time.

Sen. Bogue moved that SB 134 be laid on the table.

The question being on Sen. Bogue's motion that SB 134 be laid on the table.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1035, 1038, 1071, 1072, 1075, 1082, 1111, 1112, 1113, 1204, 1206, 1226, 1227, 1239, and 1243 be deferred to Tuesday, February 14, the 25^th legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 13, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 13, 2006, I approved Senate Bill 156, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

COMMEMORATIONS

SC 6 Introduced by: Senators Kelly, Abdallah, Dempster, Earley, Gant, Hansen (Tom), Knudson, Koetzle, and Kooistra and Representatives Murschel, Cutler, Glenski, Heineman, Krebs, Miles, Peters, Rave, Roberts, Thompson, Tornow, Weems, Wick, and Willadsen

A LEGISLATIVE COMMEMORATION, Honoring the Sioux Falls school resource officers and their supervisors for receiving the designation of a model agency from the National Association of School Resource Officers.

WHEREAS, the model agency award is given only to units that strive to maintain the highest levels of training, performance, and integrity; and

WHEREAS, these school resource officers help provide a safe learning environment, teach a variety of law-related lessons for staff and students, build positive relationships, and provide excellent role models for the children of the Sioux Falls school district; and

WHEREAS, the Sioux Falls School Resource Officers Program began in 1996 with only two officers and has grown to include ten full-time officers and two supervisors; and

WHEREAS, the Sioux Falls School Resource Officers Program is one of only thirty-three agencies nationwide to receive this award:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the Sioux Falls school resource officers and their supervisors be congratulated for receiving the designation of a model agency from the National Association of School Resource Officers.

SIGNING OF BILLS

The President publicly read the title to

SB 24: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the authority of the Public Utilities Commission with regard to AC/DC conversion projects and energy conversion facilities.

SB 33: FOR AN ACT ENTITLED, An Act to require each applicant for licensure as a nurse and each licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

SB 34: FOR AN ACT ENTITLED, An Act to revise the quorum requirements for the Board of Nursing.

SB 38: FOR AN ACT ENTITLED, An Act to increase the annual operation certificate fee for certain boilers.

SB 40: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of weighing and measuring devices and the regulation of service agencies of weighing and measuring devices.

SB 97: FOR AN ACT ENTITLED, An Act to allow the governing body of taxing districts to automatically refer a property tax opt out to the voters.

SB 146: FOR AN ACT ENTITLED, An Act to update certain statutory references to the South Dakota Firefighters Association, Incorporated.

SB 183: FOR AN ACT ENTITLED, An Act to provide for distinctive motor vehicle license plates for certain military veterans.

HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts and to validate certain related commission actions.

HB 1021: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

HB 1022: FOR AN ACT ENTITLED, An Act to revise the disposition of funds received for charges for board and room for work release inmates.

HB 1029: FOR AN ACT ENTITLED, An Act to prohibit the use of crossbows for fishing unless an exception is granted in rules promulgated by the Game, Fish and Parks Commission.

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the certification of an optometrist from another state and to increase the fee for a certificate of registration.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the prescription of schedule II controlled drugs by physician assistants, certified nurse practitioners, and certified nurse midwives.

HB 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding life insurance exclusions.

HB 1044: FOR AN ACT ENTITLED, An Act to clarify the application of certain provisions relating to the exemption of debt cancellation contracts from insurance regulation.

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

HB 1059: FOR AN ACT ENTITLED, An Act to provide for notification by the Department of Social Services to the parents of certain determinations of child abuse or neglect.

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

HB 1087: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

HB 1089: FOR AN ACT ENTITLED, An Act to appropriate money for the Vietnam War Memorial.

HB 1097: FOR AN ACT ENTITLED, An Act to permit municipalities to refund certain sales and use taxes to contractors and subcontractors.

HB 1109: FOR AN ACT ENTITLED, An Act to provide civil immunity to qualified mental health professionals designated by the chairs of the county board of mental illness.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding failure to stop at the command of a law enforcement officer and regarding eluding a law enforcement officer in a vehicle.

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain eligibility restrictions related to secondary school extracurricular activities.

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

HB 1161: FOR AN ACT ENTITLED, An Act to provide additional methods for the formation of special zoning areas.

HB 1171: FOR AN ACT ENTITLED, An Act to permit the court to award attorneys' fees in certain custody and visitation cases.

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

And signed the same in the presence of the Senate.

Sen. Greenfield moved that the Senate do now adjourn, which motion prevailed and at 6:43 p.m. the Senate adjourned.

Patricia Adam, Secretary