Senate Journal 02/16/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 16, 2006

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

The prayer was offered by the Chaplain, Lay Pastor Larry Case, followed by the Pledge of Allegiance led by Senate page Jennifer Pogany.

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

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-sixth 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 REPORT OF CONFERENCE COMMITTEE

Sen. Kooistra moved that the report of the Conference Committee on HB 1007 as found on page 532 of the Senate Journal be adopted.

The question being on Sen. Kooistra's motion that the report of the Conference Committee on HB 1007 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; 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; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Apa; Olson (Ed)

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

COMMUNICATIONS AND PETITIONS

February 1, 2006

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed Keith W. Corbett, Brookings County, Brookings, South Dakota, as the Assistant Adjutant General, Army.

This appointment is effective July 1, 2006, through June 30, 2008.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the appointment to the Committee on State Affairs.

February 1, 2006

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed Steven R. Doohen, Minnehaha County, Hartford, South Dakota, as the Assistant Adjutant General, Air.

This appointment is effective March 6, 2006, through March 5, 2008.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill be amended as follows:

1181tf

On the House Agriculture and Natural Resources Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That § 40-2-1 be amended to read as follows:

40-2-1. Any three or more citizens of this state ~~who have heretofore or who shall hereafter incorporate as a body corporate under the general laws for incorporation~~ organized as a nonprofit corporation in this state, for the purpose of preventing cruelty to animals, may avail themselves of the privileges of this chapter through an animal control officer subject to the limitations in sections 2 and 3 of this Act. The board of county commissioners in each county may grant authority to exercise the privileges and authority granted by this section to one or more qualified nonprofit corporations for a period of up to three years based upon ability to fulfill the purposes of this chapter .

Section 2. That chapter 40-2 be amended by adding thereto a NEW SECTION to read as follows:

The board of directors of a humane society incorporated pursuant to § 40-2-1 may appoint society members to act as animal control officers. The appointment shall be in writing. The appointment is effective in a particular county only if an appointee obtains written authorization from a circuit court judge having jurisdiction in the county in which the appointee seeks to enforce this chapter or chapter 40-1. To obtain judicial authorization, an appointee seeking judicial authorization shall provide evidence satisfactory to the judge that the appointee has experience, education, or training that has prepared the appointee to assume the powers granted to animal control officers pursuant to section 3 of this Act. The board of directors shall review appointments every three years and may revoke an appointment at any time by filing a certified revocation with the circuit court that approved the appointment. Any authorization may not exceed three years or trustee termination, whichever occurs first.

Section 3. That chapter 40-2 be amended by adding thereto a NEW SECTION to read as follows:

Any law enforcement agency may enforce the provisions of this chapter or chapter 40-1. An animal care and control agency may enforce the provisions of this chapter or chapter 40-1 in a county or municipality if the legislative authority of the county or municipality has entered into a contract with the agency to enforce the provisions of this chapter and chapter 40-1. An animal control officer enforcing this chapter or chapter 40-1 shall comply with the same constitutional and statutory restrictions concerning the execution of police powers imposed on a law enforcement officer who enforces this chapter, chapter 40-1, and other criminal laws. An animal control officer has the following enforcement powers when enforcing this chapter:

(1) The power to issue citations based on probable cause to offenders for misdemeanor and felony violations of this chapter or chapter 40-1;

(2) The power to request that a law enforcement officer arrest and take into custody any person the animal control officer has probable cause to believe has committed or is committing a violation of this chapter or chapter 40-1. An animal control officer may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate an arrest. The animal control officer causing the arrest shall file with the arresting agency a written complaint within twenty-four hours of the arrest, excluding Sundays and legal holidays, stating the alleged act or acts constituting a violation;

(3) The power to carry protective devices, other than firearms, for personal protection;

(4) The power to prepare affidavits in support of search warrants and to execute search warrants when accompanied by law enforcement officers to investigate violations of this chapter or chapter 40-1, and to seize evidence of those violations.

Section 4. That chapter 40-2 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this chapter and chapter 40-1, an animal care and control agency is any municipal or county animal control agency or authority authorized to enforce municipal or county ordinances regulating the care, control, licensing, or treatment of animals within the municipality or county, and any nonprofit corporation organized under § 40-2-1 that contracts with a municipality or county to enforce the municipal or county ordinances governing animal care and control.

Section 5. That chapter 40-2 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this chapter and chapter 40-1, an animal control officer is any person employed, contracted, or appointed pursuant to section 3 of this Act by an animal care and control agency or humane society to aid in the enforcement of ordinances or laws regulating the care and control of animals.

Section 6. That § 40-2-3 be repealed.

40-2-3. Any member, officer, or agent of any such society so incorporated who shall by the secretary of such society be duly authorized in writing and confirmed by the board of directors, and if within a municipal corporation, approved by the mayor or president of the board of such municipality, and if within a county beyond the limits of a municipal corporation, approved by the circuit judge and sworn in the same manner as are peace officers, may interfere to prevent the inhumane treatment of any animal pursuant to § 40-2-4 and may use such force as may be necessary to prevent such inhumane treatment and to that end may summon to his aid any peace officer. He may make arrests for the violation of any of the provisions of chapter 40-1, in accordance with the provisions of § 40-2-4 in the same manner as other peace officers. Such member, officer, or agent shall, when making such arrest, exhibit the badge adopted by the society of which he is a member, officer, or agent.

Section 7. That chapter 40-1 be amended by adding thereto a NEW SECTION to read as follows:

A veterinarian licensed in the State of South Dakota shall be in attendance during any portion of an investigation of a commercial breeding operation that is conducted on the premises of the commercial breeding operation. For purposes of this section the term, commercial breeding operation, means any person engaged in the business of breeding dogs or cats who sells, exchanges, or leases dogs or cats in return for consideration or who offers to do so, whether or not the dogs or cats are bred, raised, trained, groomed, or boarded by the person. Any person who owns or harbors three or fewer unaltered dogs or cats for breeding purposes that are at least six months of age is not a commercial breeding operation. Any person who sells, exchanges, or leases thirty or fewer dogs or cats in a twelve-month period is not a commercial breeding operation if all such dogs or cats are sold, exchanged, or leased to a final owner rather than for later retail sale or brokered trading. Any person knowingly selling, exchanging, or leasing any dogs or cats for later retail sale or for brokered trading is a commercial breeding operation.

Section 8. That § 40-1-5 be amended to read as follows:

40-1-5. Any peace officer, agent of the board, or agent or officer of any humane society finding an animal inhumanely treated, as defined in § 40-1-2.4, shall , pursuant to a warrant or court order, cause the animal to be impounded or otherwise properly cared for, and the expenses of such impoundment or care shall be a lien on the animal to be paid before the animal may be lawfully recovered. However, a warrant or court order is not necessary if the animal is severely injured, severely diseased, or suffering and any delay in impounding the animal would continue to cause the animal extreme suffering or if other exigent circumstances exist. If any animal is impounded or subjected to other action under this section without a warrant or court order, the officer or agent shall subsequently show cause for the impoundment or other action to the court, and the court shall issue an order ratifying the impoundment or action; or, if sufficient cause for the impoundment or action is not shown, the court shall order the return of the animal to the owner or other appropriate remedy. "

And that as so amended said bill do pass.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1182 and 1235 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1223 and returns the same with the recommendation that said bill be amended as follows:

1223cb

On page 1, line 11 of the House Education Committee engrossed bill, delete " Executive Board of the Legislative Research Council " and insert " Governor ".

On page 1 , delete line 12 , and insert " December 1, 2006, and copies of the report shall be provided to the Legislature ."

1223ctb

On page 1, line 2 of the House Education Committee engrossed bill, delete " revise the deadline for " and insert "submit it to the Governor."

On page 1 , delete line 3 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1236 and returns the same with the recommendation that said bill be amended as follows:

1236sa

On page 2, line 10 of the House engrossed bill, after " school. " insert "The fees or rates for participation in the virtual high school shall be reasonable and necessary to meet the budgetary needs of the virtual high school advisory council for such things as: review of course credits and offerings; network access; payment for course materials and instructors; testing; and the fee or rate for an individual course or offering may not exceed the cost of providing the course or offering."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1217, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1175 and 1221 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1176 and returns the same with the recommendation that said bill be amended as follows:

1176fa

On page 3, after line 18 of the House Education Committee engrossed bill, insert:

"Section 10. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

Other than funding provided through chapters 13-13 and 13-37, no South Dakota school district is entitled to any compensation for any student attending a South Dakota school district under the provisions of this chapter.

Section 11. That § 13-28A-11 be repealed.

13-28A-11. For fiscal years 2006, 2007, and 2008, any school district contiguous to the North Dakota border that receives students from North Dakota and that receives less revenue under the terms of this chapter than it would have otherwise received is entitled to a payment from the Department of Education to compensate for the difference. For fiscal year 2006, the payment shall equal seventy-five percent of the difference; for fiscal year 2007, the payment shall equal fifty percent of the difference; and for fiscal year 2008, the payment shall equal twenty-five percent of the difference. For fiscal years 2006, 2007, and 2008 the department shall calculate the affected district's difference in state aid general foundation support after determining any change in state aid funding to the district that is attributable to the graduating seniors. "

1176cb

Delete the previously adopted amendment (1176fa).

1176ha

On page 3, after line 18 of the House Education Committee engrossed bill, insert:

"Section 10. For fiscal years 2007, 2008, and 2009, any school district contiguous to the Minnesota border that receives students from Minnesota and that receives less revenue under the terms of this Act than it would have otherwise received is entitled to a payment from the Department of Education to compensate for the difference. For fiscal year 2007, the payment shall equal seventy-five percent of the difference; for fiscal year 2008, the payment shall equal fifty percent of the difference; and for fiscal year 2009, the payment shall equal twenty-five percent of the difference. For fiscal years 2007, 2008, and 2009, the department shall calculate the affected district's difference in state aid general foundation support after determining any change in state aid funding to the district that is attributable to the graduating seniors.

Section 11. There is hereby appropriated from the state general fund the sum of one hundred forty thousand dollars ($ 140,000 ), or so much thereof as may be necessary, to the Department of Education for compensatory payments to South Dakota school districts contiguous with Minnesota entitled to relief pursuant to § 13-28A-11.

Section 12. 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 13. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2009, shall revert in accordance with § 4-8-21."

1176hta

On page 1, line 2 of the House Education Committee engrossed bill, after " Minnesota " insert "and make an appropriation therefor".

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

Respectfully submitted,
Eric Bogue, Vice Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 20, 21, 22, 23, 26, 37, 39, 45, 46, 48, 51, 52, 60, 65, 67, 88, 92, 133, 150, 179, 189, 203, 204, and 205 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 2, 11, 12, 15, 56, 91, 95, 107, 109, 182, and 185 were delivered to his Excellency, the Governor, for his approval at 10:44 a.m., February 16, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1006 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                             Respectfully submitted,
Thomas J. Deadrick                                Kenneth McNenny
House Committee Chair                            Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1007 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 28, 148, 149, and 208 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 20, 21, 22, 23, 26, 37, 39, 45, 46, 48, 51, 52, 60, 65, 67, 88, 92, 133, 150, 179, 189, 203, 204, and 205 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 17, the 28^th legislative day.

Which motion prevailed.

HCR 1004: A CONCURRENT RESOLUTION, Urging the voters of South Dakota to reject the Judicial Accountability Initiated Law (J.A.I.L.), which will be submitted to South Dakota voters in November 2006, designated Amendment E.

Was read the second time.

Sen. Koskan moved that the Senate do concur in HCR 1004 as found on page 278 of the House Journal.

The question being on Sen. Koskan's motion that the Senate do concur in HCR 1004.

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Olson (Ed)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

Sen. Bogue moved that the Senate do concur in House amendments to SB 90.

The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 90.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

Sen. Gant moved that the Senate do concur in House amendments to SB 118.

The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 118.

And the roll being called:

Yeas 33, Nays 1, Excused 1, 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; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Moore

Excused:
Olson (Ed)

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

Sen. Abdallah moved that the Senate do not concur in House amendments to SB 207 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Abdallah, Kelly, and Koetzle.

HCR 1007: A CONCURRENT RESOLUTION, Honoring all who came to the aid of South Dakotans who experienced a continuous severe winter storm with heavy snow, freezing rain, and high winds November 27 through November 29, 2005.

Was read the first time.

The committee referral was waived and HCR 1007 was placed on the calendar of Friday, February 17, the 28^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1055 as found on page 528 of the Senate Journal ; also

State Affairs on HB 1093 as found on page 527 of the Senate Journal ; also

Judiciary on HB 1163 as found on page 530 of the Senate Journal ; also

Taxation on HB 1164 as found on page 526 of the Senate Journal ; also

Taxation on HB 1174 as found on page 527 of the Senate Journal ; also

Judiciary on HB 1199 as found on page 530 of the Senate Journal ; also

Judiciary on HB 1218 as found on page 531 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1067: FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

Was read the second time.

The question being "Shall HB 1067 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

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 adopted the report of the Conference Committee on HB 1007.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1075, 1082, 1111, 1112, 1113, and 1186.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1206: FOR AN ACT ENTITLED, An Act to provide contractors' excise, sales, and use tax refunds for the filming of certain motion pictures, documentaries, television advertisements, or television films.

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

1206fh

Sen. Knudson moved that HB 1206 be further amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete lines 7 to 15 , inclusive, and insert:

"(2) "Filming date," the first date a person begins the production in South Dakota;
(3) "Person," any person who is engaged in the business of producing nationally or regionally distributed productions;

(4) "Production," a nationally or regionally distributed motion picture, documentary, single television advertisement, or television film made in South Dakota, in whole or in part, for theatrical, television, video, internet, or other viewing. The term does not include the production of television coverage of news and athletic events or any production that contains any obscene material or performance as described in § 22- 24-27;

(5) "Project cost," the amount paid in money, credits, property, or other money's worth for a production. The term does not include expenditures made for marketing or advertising a production, other than a television advertisement. Nor does the term include expenditures made for goods and services obtained out of state for which no sales and use taxes were paid pursuant to chapters 10-45 or 10-46;".

On page 2 , delete lines 1 to 5 , inclusive.

On page 2 , line 11, delete " motion picture, documentary, television advertisement, " and insert "production".

On page 2 , line 12, delete " or television film " .

On page 2 , line 15, delete " cost that are occurred " and insert "costs that are incurred".

On page 2 , line 19, delete " new motion picture, documentary, television " and insert "production".

On page 2 , line 20, delete " advertisement, or television film " .

On page 2 , line 24, delete " shooting of the motion picture, documentary, " and insert "filming date of the production".

On page 3 , line 1, delete " television advertisement, or television film " .

On page 3 , line 3, delete " project " and insert "production".

On page 3 , line 11, delete everything after "department" and insert "within sixty days after the completion of the project in South Dakota. At the discretion of the secretary, the person may apply for and obtain a refund more frequently than prescribed."

On page 3 , line 12, delete everything before " The " .

On page 3 , line 20, delete " project " and insert "production".

On page 4 , line 21, delete " project " and insert "production".

On page 5 , delete lines 3 and 4 .

Which motion prevailed.

The question being "Shall HB 1206 pass as amended?"

And the roll being called:

Yeas 24, Nays 10, Excused 1, Absent 0

Yeas:
Adelstein; Apa; Bogue; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Kooistra; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Abdallah; Bartling; Broderick; Greenfield; Hundstad; Koetzle; Koskan; Moore; Schoenbeck; Two Bulls

Excused:
Olson (Ed)

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

HB 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 second time.

Sen. Abdallah moved the previous question.

Which motion prevailed.

The question being "Shall HB 1015 pass as amended?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Bartling; Bogue; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Lintz; McCracken; McNenny; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Abdallah; Adelstein; Apa; Broderick; Duniphan; Greenfield; Kelly; Koetzle; Kooistra; Koskan; Moore; Napoli

Excused:
Olson (Ed)

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

Pursuant to Joint Rule 5-13.1, HB 1015 was up for immediate reconsideration.

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.

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

Sen. Smidt moved to strike Section 8 of HB 1015.

Sen. Schoenbeck moved as a substitute motion that HB 1015 be placed to follow HB 1212
on today's calendar.

Which motion prevailed.

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 second time.

The question being "Shall HB 1040 pass as amended?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Abdallah; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; Lintz; McCracken; McNenny; Moore; Nesselhuf; Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Adelstein; Apa; Bartling; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Napoli; Peterson (Jim)

Excused:
Olson (Ed)

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

Sen. Bogue moved that HB 1177 and 1212 be placed to precede HB 1084 on today's calendar.

Which motion prevailed.

HB 1177: FOR AN ACT ENTITLED, An Act to limit the amount in the Employer's Investment in South Dakota's Future Fund.

Was read the second time.

The question being "Shall HB 1177 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

HB 1212: FOR AN ACT ENTITLED, An Act to revise certain provisions related to limited big game hunting licenses for landowners.

Was read the second time.

The question being "Shall HB 1212 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Earley; Koetzle

Excused:
Olson (Ed)

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

HB 1084: FOR AN ACT ENTITLED, An Act to authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

Was read the second time.

The question being "Shall HB 1084 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Hundstad

Excused:
Gray; Olson (Ed)

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

Sen. Bogue moved that HB 1015, 1110, and 1153 be deferred to Friday, February 17, the 28^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1197 and returns the same with the recommendation that said bill be amended as follows:

1197zc

On page 2, line 12 of the House engrossed bill, after " dollars " insert " at the end of any calendar quarter ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

1209jj

On the pending amendment (1209jg), in the third instruction, delete " five " and insert " ten ".

On the pending amendment (1209jg), in Section 13 in the second sentence delete "Notwithstanding any other law to the contrary, before the sixth renewal of a title loan, and at each successive renewal thereafter, the debtor shall make a payment of at least five" and insert "No title loan may be renewed more than four times. No title loan is valid unless, at the time of the renewal, the debtor makes a payment of at least ten".

On the pending amendment (1209jg), in Section 13 in the third sentence, delete "five" and insert "ten".

1209jg

On page 2, line 21 of the printed bill, delete " and " .

On page 2 , line 23, after " loan " insert " . A title loan is not a short-term consumer loan for purposes of this chapter;

(15) "Title lender," a regulated lender authorized pursuant to this chapter to make title loans; and

(16) "Title loan," a loan for a debtor that is secured by a nonpurchase money security interest in a motor vehicle and that is scheduled to be repaid in a single installment ".

On page 3 , line 23, delete " twenty " and insert " five ".

On page 6 , after line 21, insert:

"Section 12. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

A title loan shall be evidenced by a written agreement in which a title lender agrees to make a title loan to a debtor and the debtor agrees to give the title lender a security interest in a motor vehicle owned by the debtor. The debtor shall give the title lender possession of the certificate of title to such motor vehicle. Except as otherwise provided in this chapter, the provisions of chapter 57A-9 apply to title loans and to persons engaged in the business of making title loans.

Section 13. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

Any title loan shall be for an initial term of no more than one month but may be renewed for additional one-month periods. Notwithstanding any other law to the contrary, before the sixth renewal of a title loan, and at each successive renewal thereafter, the debtor shall make a payment of at least five percent of the original principal amount of the title loan, in addition to any finance charges that are due. If at any renewal requiring a principal reduction, the debtor has not made previous principal reductions adequate to satisfy the current required principal reduction, and the debtor does not pay at least five percent of the original loan amount, the title lender may either declare the debtor in default or renew the title loan and defer the required principal payment for an additional period. However, no further finance charges may accrue or be earned against the principal amount so deferred. For purposes of this section, a renewal is any extension or continuation of a title loan for an additional period without any change to the title loan or its terms other than a reduction in principal.

Section 14. That chapter 54-4 be amended by adding thereto a NEW SECTION to read as follows:

If a debtor defaults in the repayment of a title loan, the title lender's sole remedy is to seek possession and sale of the motor vehicle securing the loan, and the title lender may not pursue the debtor personally in any action or proceeding for repayment of the loan or for any deficiency after the sale. The title lender shall return to the debtor any surplus obtained after the sale that is in excess of the amount owed on the loan after any reasonable expenses of repossession, storage, and sale, including court costs and attorney's fees have been deducted. The remedy limitation provided in this section does not apply in the following circumstances:

(1) If a debtor obtains a title loan from a title lender under false pretenses by not disclosing the existence of a valid prior lien or security interest affecting the motor vehicle; or

(2) If the debtor intentionally conceals, impairs, or destroys the collateral."

And that as so amended said bill do pass.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 90 and 118 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Van Etten, Hanks, and Miles as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 207.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 61 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new dairy manufacturing plant at South Dakota State University and to make an appropriation therefor.

SB 21: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a manure separator for the South Dakota Agricultural Experiment Station and to make an appropriation therefor.

SB 22: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to transfer title to a T-28 experimental aircraft from the South Dakota School of Mines and Technology to the Strategic Air and Space Museum.

SB 23: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a livestock feed storage room as an addition to the livestock feed facility at the South Dakota Agricultural Experiment Station Southeast Research Farm and to make an appropriation therefor.

SB 26: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SB 37: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding fire safety and regarding the authority of the Department of Public Safety to promulgate rules pertaining to fire safety.

SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petroleum and motor fuels testing, quality, and labeling.

SB 45: FOR AN ACT ENTITLED, An Act to modify certain requirements for group health coverage for premature births, congenital defects, and birth abnormalities.

SB 46: FOR AN ACT ENTITLED, An Act to clarify the taxes for certain life insurance premiums and annuity considerations.

SB 48: FOR AN ACT ENTITLED, An Act to clarify certain statutory references regarding the sale of alcoholic beverages.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

SB 52: FOR AN ACT ENTITLED, An Act to eliminate the requirement for a signature on certain tax applications.

SB 60: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the licensure of polygraph examiners.

SB 65: FOR AN ACT ENTITLED, An Act to appropriate money for roof repairs at Western Dakota Technical Institute and to declare an emergency.

SB 67: FOR AN ACT ENTITLED, An Act to revise the amnesty provisions for sellers under the Streamlined Sales and Use Tax Agreement.

SB 88: FOR AN ACT ENTITLED, An Act to extend residency status to graduates of any in-state, accredited high school operated by the United States Bureau of Indian Affairs.

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval of plats and the format standards for certain real estate documents recorded with the register of deeds.

SB 92: FOR AN ACT ENTITLED, An Act to revise the formula for determining the amount of the sales, use, and contractors' excise tax refund provided to certain new business facilities.

SB 118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the type of personal identification required when voting.

SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to charges associated with installment sales contracts.

SB 150: FOR AN ACT ENTITLED, An Act to require the state's participation in the National Sex Offender Public Registry and to provide for the posting of a state internet sex registry site.

SB 179: FOR AN ACT ENTITLED, An Act to direct the Bureau of Administration to provide all of the fourth floor of the State Capitol Building for use by the Legislature.

SB 189: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire suppression agreements and payment of certain costs incurred in suppressing forest fires.

SB 203: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the statewide sex offender registry and to declare an emergency.

SB 204: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

SB 205: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2006 regarding the South Dakota opportunity scholarships.

HB 1038: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and certain dentists who have complied with the requirements of the physician tuition reimbursement program and the dental tuition reimbursement program.

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding an increase of the prizes that certain lotteries may award.

HB 1069: FOR AN ACT ENTITLED, An Act to prohibit the public sale of tax certificates.

HB 1071: FOR AN ACT ENTITLED, An Act to amend the composition, supervision, and functioning of the State Seed Certification Board.

HB 1080: FOR AN ACT ENTITLED, An Act to restrict the use of eminent domain under certain circumstances and to protect certain private property rights from acquisition by the use or threat of eminent domain.

HB 1091: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

HB 1127: FOR AN ACT ENTITLED, An Act to authorize the Gaming Commission to fund gambling addiction treatment programs.

HB 1132: FOR AN ACT ENTITLED, An Act to create immunity for reporting prenatal alcohol or substance abuse.

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to domestic limited liability companies, domestic limited liability partnerships, and the appointment of certain agents.

HB 1141: FOR AN ACT ENTITLED, An Act to provide standards for interpreting for the deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state certification process and replace it with registration.

HB 1173: FOR AN ACT ENTITLED, An Act to limit the authority of the state agencies to promulgate rules restricting the application of permits to carry a concealed pistol.

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain persons from jury duty because of religious beliefs.

HB 1226: FOR AN ACT ENTITLED, An Act to expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

HB 1227: FOR AN ACT ENTITLED, An Act to provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

HB 1239: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

HB 1243: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

And signed the same in the presence of the Senate.

Sen. Gant moved that the Senate do now adjourn, which motion prevailed and at 3:58 p.m. the Senate adjourned.

Patricia Adam, Secretary