Senate Journal 02/22/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 22, 2006

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

The prayer was offered by the Chaplain, Pastor Barbara Gammeter, followed by the Pledge of Allegiance led by Senate pages Sydney Jones and Natalie Nagle.

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-ninth 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.

COMMUNICATIONS AND PETITIONS

February 22, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 21, 2006, I approved Senate Bills 20, 21, 22, 23, 26, 37, 39, 45, 46, 48, 51, 52, 60, 65, 67, 88, 92, 133, 189, 204, and 205, 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 Judiciary respectfully reports that it has had under consideration HB 1219 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 1150 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1194, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1194cd

On page 1 of the House engrossed bill, delete line 12 , and insert:

"Section 3. No person may be adjudicated or prosecuted for a violation of this Act alleged to have occurred on the property of a public school in which the person is a student."

And that as so amended said bill do NOT pass.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1246 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1198 and returns the same with the recommendation that said bill be amended as follows:

1198rb

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

"Section 1. That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this Act, a qualified person is any licensed physician or any agent of the physician who is a licensed psychologist, licensed social worker, licensed professional counselor, or licensed registered nurse.

Section 2.That chapter 34-23A be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of this Act, the term, risk factor, means any physical, psychological, emotional, demographic, or situational factor that is statistically associated, which means there is less than a five percent chance that the results were due to sampling error, with one or more complications associated with abortion, wherein the significant results were published no less than twelve months prior to the abortion in any peer-reviewed journals indexed by the National Library of Medicine's search services, PubMed or MedLine, or in any journal included in the Thomson Scientific Master Journal List.

For the purposes of this Act, the term, complication associated with abortion, means any adverse physical, emotional, behavioral, familial, or psychological reaction that is statistically associated with abortion, which means there is less than a five percent chance that the results were due to sampling error.

Section 3. Except in the case of a medical emergency, in addition to whatever requirements exist under the common or statutory law of this state, it is an act of medical negligence to perform an abortion unless:

(1) Before the physician performs an abortion, a qualified person has evaluated the woman to identify the presence of any risk factors and informed her and the physician of the results of this evaluation in writing, which includes at least a checklist identifying both the positive and negative results of the evaluation for each risk factor;

(2) In the event that any risk factors were identified, the patient has been fully informed by a qualified person about each complication associated with abortion that is associated with each risk factor that was identified. In the event that risk factors are known to be interrelated and may compound the risk of adverse reactions, these interrelated effects shall also be explained;

(3) In the event that any risk factors were identified, the qualified person who has provided the screening and counseling provides a written statement to the patient and the physician certifying, to the best of the qualified person's knowledge, that the patient fully understands and appreciates the significance of the risk factors discussed and her increased exposure to any related adverse reactions. The risk factors and associated complications associated with abortion shall be listed in this certificate.

Section 4. Nothing in this Act may be construed to render any of the requirements otherwise imposed by common law or existing statutory law inapplicable to abortion procedures or diminish the nature or the extent of those requirements. The disclosure requirements expressly set forth in this Act are an express clarification of, and are in addition to, those common law disclosure requirements."

1198rta

On page 1, line 1 of the House engrossed bill, delete everything after " Act to " and insert "define the applicable standard of care in regard to screening of risk factors for all abortions except in the case of a medical emergency."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1222 and returns the same with the recommendation that said bill be amended as follows:

1222oa

On page 1 of the printed bill, delete lines 11 to 14 , inclusive.

On page 2 , delete lines 1 to 19 , inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill be amended as follows:

1238ca

On page 1, line 9 of the House engrossed bill, delete " appraised value " and insert "the value at which it was appraised no more than six months prior to the effective date of this Act".

On page 2, line 6 of the House engrossed bill, after " The " insert "Board of Regents may only use the property for the primary purpose of education or research as defined in law. It is the intent of the Board of Regents and the Eighty-first Legislature that the".

On page 2 , line 7, after " not " insert "without express legislative authorization".

On page 2 , line 13, delete " or " .

On page 2 , line 14, after " Act " insert "unless the property is appraised and advertised and offered for sale at public auction. No portion of the property may be sold except at public sale and for an amount less than the appraised value;

(6) Offer courses taught on the property at any rate other than the self-support tuition rate;

(7) Lease for nonagricultural purposes more than ten percent of the surface area of the property to third parties;

(8) Lease to third parties more than ten percent of the useable space within any building constructed with state funds appropriated by the Legislature; or

(9) Permit any free-standing commercial facility to be constructed on the property or any commercial facility to be located within any building constructed with state funds unless the commercial facility is reasonably needed to meet the convenience and needs of the students and instructors using the building.

Section 4. Commencing in 2016 and every ten years thereafter, the provisions of section 3 of this Act shall be reviewed by a special legislative task force consisting of the speaker of the House of Representatives and four other members of the House of Representatives appointed by the speaker of the House of Representatives and the president pro-tempore of the Senate and four other members of the Senate appointed by the president pro-tempore of the Senate. Not all of the members from the House of Representatives or the Senate may be of the same party. The special legislative task force shall review the appropriateness of the provisions of section 3 of this Act and make recommendation to the Legislature regarding any revisions, additions, or deletions to the various conditions contained in section 3 of this Act".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1244 and returns the same with the recommendation that said bill be amended as follows:

1244oa

On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " railroad trust fund established " and insert "property tax reduction fund".

On page 1 , line 5, delete " in § 49-16C-1 " .

1244ota

On page 1, line 1 of the House Appropriations Committee engrossed bill, delete " railroad trust " and insert "property tax reduction".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1061, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Mike Held of Beadle County, Huron, South Dakota, to the South Dakota Energy Infrastructure Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Audry Ricketts of Hughes County, Pierre, South Dakota, to the South Dakota Energy Infrastructure Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Mike Ropp of Brookings County, Brookings, South Dakota, to the South Dakota Energy Infrastructure Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Mike Trykoski of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kyle White of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1009 and returns the same with the recommendation that said bill be amended as follows:

1009fi

On page 1, line 14 of the House engrossed bill, after " criteria " insert " . However, any person owning at least forty acres of land is presumed to meet this criteria. The board of county commissioners may increase the amount of acres necessary to receive this presumption up to two hundred acres ".

On page 2 , line 23, after " criteria " insert ". However, any person owning at least forty acres of land is presumed to meet this criteria. The board of county commissioners may increase the amount of acres necessary to receive this presumption up to two hundred acres".

On page 5 , after line 20, insert:

"Section 7. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

Any class two agricultural land containing a residence is specifically classified for the purpose of taxation. The provisions of § § 10-6-33.20 and 10-6-33.23 do not apply to the valuation of such property.

Section 8. This Act is effective on July 1, 2007."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1128, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1128fb

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

"Section 1. That § 10-6-33.25 be amended to read as follows:

10-6-33.25. For the purposes of § 10-6-33.24, the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the ~~three years~~ year prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of noncropland shall be based on average rents over a three-year period for noncropland under natural conditions. However, no arms-length rental agreements for irrigated land may be used to determine the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at seven and three-fourths percent.

The secretary of revenue and regulation may enter into a contract for the collection of cash rent information by county. Cash rent information shall be adjusted by soil survey statistics, if available, and pursuant to § 10-6-33.26. "

1128fta

On page 1, line 1 of the House engrossed bill, delete everything after " Act to " and insert "revise certain provisions concerning the valuation of agricultural land for ad valorem taxation."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

1055oc

On page 1, line 7 of the Senate State Affairs Committee engrossed bill, delete " South Dakota " .

On page 1 , line 7, after " development " insert "for South Dakota".

1055ua

On page 1, line 4 of the Senate State Affairs Committee engrossed bill, delete " two hundred " and insert "one dollar ( $1.00 )".

On page 1 , line 5, delete " thousand dollars ($200,000) " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

1090oa

On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " one hundred " and insert "seventy thousand dollars ($70,000), or so much thereof as may be necessary, to the Department of Education for a one-time payment to the Lemmon School District of fifty thousand dollars and a one-time payment to the McIntosh School District of twenty thousand dollars to replace a loss in revenue related to the provisions of chapter 13- 28A."

On page 1 , delete lines 5 to 7 , inclusive.

On page 1 , line 11, delete " 2008 " and insert "2007".

On page 1 , after line 11, insert:

"Section 4. 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 5. 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. "

1090ota

On page 1 , line 2, of the House Appropriations Committee engrossed bill, after " districts " insert "and to revise provisions related to certain school district entitlements".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175cb

On the House Education Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. 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;

(4) "Per student allocation," for school fiscal year 2006 is $4,237.72. 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 2. That § 13-13-73.2 be repealed.

~~13-13-73.2. A school district's state aid for general education as calculated pursuant to § 13- 13-73 shall be reduced by the following calculation:~~

~~(1) Subtract the allowable general fund balance from the general fund balance. If the result is less than zero, (1) equals zero;~~

~~(2) Determine the lower of the general fund base percentage or the general fund balance percentage;~~

~~(3) Subtract twenty percent (0.2) from the result of (2). If the result is less than zero, (3) equals zero;~~

~~(4) Multiply the result of (3) by the district's general fund expenditures in the previous school fiscal year;~~

~~(5) Multiply the result of (4) by the imputed interest rate;~~

~~(6) Add the result of (1) and the result of (5).~~

Section 3. That § 13-13-73.3 be repealed.

13-13-73.3. The secretary of education shall determine the reduction in state aid to education pursuant to § 13-13-73.2. The secretary of education shall distribute the amount of money so determined to school districts that received state aid pursuant to chapter 13-13 on a pro rata basis according to the district's average daily membership compared to the total average daily membership of all districts eligible for this distribution.

Section 4. That § 13-13-73.4 be repealed.

13-13-73.4. The secretary of the Department of Education shall promulgate rules, pursuant to chapter 1-26, that calculate exclusions for revenue received from opting out of the property tax limitations such that all expenditures shall be credited to formula revenue and unreserved general fund balance from the preceding fiscal year prior to any credits against opt-out revenue.

Section 5. That § 13-13-76 be repealed.

13-13-76. There is hereby created the Excess General Fund Oversight Board within the Department of Education. The board shall consist of five members, appointed by the Governor. The Excess General Fund Oversight Board may exempt a school district from the provisions of § 13-13-73.2 if a school district can demonstrate to the Excess General Fund Oversight Board that its general fund balance percentage is the result of special circumstances.

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. 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 thousand 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. On July first of each fiscal year, or as soon as practicable thereafter, 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 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:

(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 0.125;

(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. However, no sparse school district may receive a sparsity benefit in any year that exceeds two hundred fifty thousand dollars."

1175ctb

On page 1, line 1 of the House Education Committee engrossed bill, delete everything after " Act to " and insert "repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances, to appropriate funds to increase funding to education and assist sparse school districts, and to increase the distribution from the education enhancement trust fund."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

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

1176oa

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

"Section 1. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

For the purposes of subdivisions 13-13-10.1(1) and 13-13-10.1(1A), a pupil or student is enrolled if:

(1) The pupil or student is less than twenty-one years of age on the first day of July or meets the requirements of § § 13-28-5 and 13-28-6; and

(2) The pupil or student has not completed an approved program or graduated from high school; and

(3) The pupil's or student's parent or guardian resides within the school district, or in the case of an emancipated minor the pupil or student resides within the district or the pupil or student has been properly assigned to the district or has been approved to attend school in the district under the terms of the enrollment options program established in § 13-28-40; and

(4) The pupil or student is not simultaneously enrolled in any other school district and has not been excused from school attendance under the terms of § 13-27-1.1 or 13- 27-2."

1176ota

On page 1, line 1 of the Senate Education Committee engrossed bill, delete everything after " Act to " and insert "define enrolled pupils or students for purposes of state aid to education."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill be amended as follows:

1240ha

On page 1 of the House Appropriations Committee engrossed bill, delete lines 4 and 5 .

On page 1 , line 6, delete " one dollar ($1) " and insert "one million three hundred thousand dollars ( $1,300,000 )".

On page 1 , line 7, delete " of other fund expenditure authority " and insert "from the state general fund".

On page 1 , line 10, delete " section 2 " and insert "section 1".

On page 1 , between lines 10 and 11, insert:

"Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2007, shall revert in accordance with § 4-8-21."

1240hta

On page 1, line 1 of the House Appropriations Committee engrossed bill, delete " transfer funds from the railroad trust fund, to " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1242 and tabled the same.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1221 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 10, 49, 151, 166, 200, and 201 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 5, 6, 7, 8, 9, 14, 47, 59, 64, 66, 122, and 152 were delivered to his Excellency, the Governor, for his approval at 8:58 a.m., February 22, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has passed HB 1147 over the veto of the Governor. The veto message of the Governor is found on page 636 of the House Journal.

We hereby request your favorable consideration in passing HB 1147, the veto of the Governor notwithstanding.

Also MR. PRESIDENT:

I have the honor to return herewith SB 10, 166, 200, and 201 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1008 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 68 and 87 which have 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 reverted to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 207 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 207 be amended as follows:

207ta

On page 4, line 2 of the House Health and Human Services Committee engrossed bill, delete " county sheriff of the county in " and insert "Office of the Attorney General".

On page 4 , line 3, delete " which the sales occurred " .

207tb

On page 4, after line 6 of the House Health and Human Services Committee engrossed bill, insert:

"Section 7. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

Any retailer who in good faith releases information governed by this chapter to a law enforcement agency for a law enforcement purpose is immune from civil liability for such release unless the release constitutes gross negligence or intentional, wanton, or willful misconduct."

Respectfully submitted,                             Respectfully submitted,
Don Van Etten                                    Gene G. Abdallah
House Committee Chair                            Senate Committee Chair

MOTIONS AND RESOLUTIONS

Sen. Abdallah moved that the Senate do concur in House amendments to SB 58.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 58.

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 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.

HONORED GUESTS

The President introduced United States Senator John Thune to the body.

MOTIONS AND RESOLUTIONS
(continued)

Sen. Knudson moved that the Committee on Education be instructed to deliver HB 1234 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

SCR 7: A CONCURRENT RESOLUTION, Requesting the federal government to honor certain state meat inspections for meat entering interstate commerce.

Was read the second time.

Sen. Kloucek moved that SCR 7 as found on page 594 of the Senate Journal be adopted.

The question being on Sen. Kloucek's motion that SCR 7 be adopted.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; 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; 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-elect, the President declared the motion lost.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1058 as found on page 590 of the Senate Journal ; also

Education on HB 1060 as found on page 589 of the Senate Journal ; also

Commerce on HB 1233 as found on page 590 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bogue requested that HB 1079 be removed from the Consent Calendar.

Sen. Bogue requested that HB 1232 be removed from the Consent Calendar.

Pursuant to Senate Rule 6-1, the President removed HB 1220 from the Consent Calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1129: FOR AN ACT ENTITLED, An Act to exempt certain facilities used for business incubators from property taxation.

Was read the second time.

The question being "Shall HB 1129 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Abdallah; Apa; Bartling; Broderick; Hanson (Gary); Koetzle; Kooistra; Moore; Napoli; Two Bulls

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

HB 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.

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

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Abdallah; Apa; Greenfield; Koetzle; Kooistra; Koskan; Moore; Napoli

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

HB 1081: FOR AN ACT ENTITLED, An Act to exempt from the sales and use taxes certain maintenance items used on agricultural machinery and equipment and to declare an emergency.

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

The question being "Shall HB 1081 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
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; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Moore

Excused:
Abdallah

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.

Sen. Bogue moved that HB 1154 be immediately considered.

Which motion prevailed and HB 1154 was up for immediate consideration.

HB 1154: FOR AN ACT ENTITLED, An Act to impose an excise tax on the gross receipts from the sale and use of farm machinery, farm attachment units, and irrigation equipment, to exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation equipment from sales and use tax, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1154 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, 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; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Moore

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.

Sen. Bogue moved that HB 1093 be placed to follow HB 1236 on today's calendar.

Which motion prevailed.

HB 1098: FOR AN ACT ENTITLED, An Act to exempt swine and cattle semen from sales use tax.

Was read the second time.

The question being "Shall HB 1098 pass?"

And the roll being called:

Yeas 24, Nays 11, Excused 0, Absent 0

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

Nays:
Abdallah; Adelstein; Broderick; Dempster; Duniphan; Earley; Gray; Kelly; Knudson; Kooistra; McCracken

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. McNenny moved that the title to HB 1098 be amended as follows:

On page 1, line 1 of the printed bill, delete " use tax " and insert "and use taxes".

Which motion prevailed.

Sen. Bogue moved that HB 1215 be immediately considered.

Which motion prevailed and HB 1215 was up for immediate consideration.

HB 1215: FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

Was read the second time.

1215ca

Sen. Adelstein moved that HB 1215 be further amended as follows:

On page 3, line 1 of the Senate State Affairs Committee engrossed bill, after " mother " insert "or who terminates a pregnancy which was the result of rape or incest".

Sen. Knudson requested a roll call vote.

Which request was supported.

The question being on Sen. Adelstein's motion that HB 1215 be further amended.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

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

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

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

1215cb

Sen. Knudson moved that HB 1215 be further amended as follows:

On page 3, line 1 of the Senate State Affairs Committee engrossed bill, after " Act. " insert "In addition, no licensed physician who performs a medical procedure resulting in the termination of a pregnancy that would constitute an undue and serious risk to the health of the pregnant woman is guilty of violating section 2 of this Act."

Sen. McCracken requested a roll call vote.

Which request was supported

The question being on Sen. Knudson's motion that HB 1215 be further amended.

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

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

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)

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

1215re

Sen. Ed Olson moved that HB 1215 be further amended as follows:

On page 1, between lines 5 and 6 of the Senate State Affairs Committee engrossed bill, insert:

"Section 1. That the following legislative initiative, which is hereby agreed to, is referred to a vote of the people at the next general election:

FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF SOUTH DAKOTA:".

Sen. McCracken requested a roll call vote.

Which request was supported.

The question being on Sen. Olson's motion that HB 1215 be further amended.

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

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

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

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

1215rf

Sen. Nesselhuf moved that HB 1215 be further amended as follows:

On page 4, between lines 14 and 15 of the Senate State Affairs Committee engrossed bill, insert:

"Section 10. There is hereby created, in the Office of the Attorney General, the abortion litigation fund. All donations and contributions from persons, private, corporate, or public, for the purpose of defraying the costs to the State of South Dakota involved with litigating the provisions of this Act or the provisions of any other abortion legislation shall be deposited in the fund.

Section 11. All expenses incurred in litigating the provisions of this Act shall be paid from the abortion litigation fund. No expenditure for litigating the provisions of this Act may be made by the Office of the Attorney General that exceeds the donations and contributions from persons, private, corporate, or public, which have been deposited in the fund."

Sen. Knudson requested a roll call vote.

Which request was supported.

The question being on Sen. Nesselhuf's motion that HB 1215 be further amended.

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Adelstein; Dempster; Duniphan; Hanson (Gary); Hundstad; Knudson; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Two Bulls

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

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 HB 1215 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

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

Nays:
Adelstein; Dempster; Duniphan; Hanson (Gary); Hundstad; Knudson; Kooistra; McCracken; Nesselhuf; Olson (Ed); 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.

Sen. Bogue moved that the Senate do now recess until 5:00 p.m., which motion prevailed and at 4:40 p.m., the Senate recessed.

RECESS

The Senate reconvened at 5:00 p.m., the President presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

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 second time.

1167fe

Sen. Greenfield moved that HB 1167 be further amended as follows:

On page 1, line 6 of the House Taxation Committee engrossed bill, after " . " insert "When the balance in the fund exceeds ten million dollars, a collection allowance established pursuant to section 3 of this Act shall become effective the following July first."

On page 2 , after line 4, insert:

"Section 3. Any person required to file a return and remit the tax imposed by chapter 10-45 on a monthly basis and who timely files the return and pays the tax is allowed, as compensation for the expense of collecting and paying the tax monthly, a credit equal to one and one-half percent of the gross amount of the tax due. However, the credit may not exceed seventy dollars per month."

Sen. Knudson requested a roll call vote.

Which request was supported.

The question being on Sen. Greenfield's motion that HB 1167 be further amended.

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Adelstein; Dempster; Earley; Knudson; Kooistra; Smidt

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

The question being "Shall HB 1167 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; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Earley; Knudson; Kooistra

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. Greenfield moved that the title to HB 1167 be amended as follows:

On page 1, line 2 of the House Taxation Committee engrossed bill, after " Agreement " insert "and to provide compensation to certain retailers for collecting and remitting the sales tax".

Which motion prevailed.

HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding humane societies.

Was read the second time.

The question being "Shall HB 1181 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 and the title was agreed to.

HB 1197: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reduction of unemployment benefits.

Was read the second time.

The question being "Shall HB 1197 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Duenwald

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

HB 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money lending.

Was read the second time.

1209jl

Sen. Broderick moved that HB 1209 be further amended as follows:

On page 7, line 13 of the Senate Commerce Committee engrossed bill, delete everything after " times " and insert "except as provided in this section. Upon the fifth renewal of a title loan, and through the eighth renewal, the debtor shall make".

On page 7 , line 14, delete everything before " a payment " .

On page 7 , line 23, after " principal. " insert "After the eighth renewal the title loan is due in full and no further finance charges or fees may accrue or be earned."

Sen. Broderick moved the previous question.

Which motion prevailed.

Sen. Broderick's motion (1209jl) to further amend HB 1209 prevailed.

The question being "Shall HB 1209 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
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; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Abdallah; Apa; Schoenbeck

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 1237: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

Was read the second time.

The question being "Shall HB 1237 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.

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

Was read the second time.

The question being "Shall HB 1241 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Apa; Greenfield; Napoli; Schoenbeck

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

HB 1020: FOR AN ACT ENTITLED, An Act to reappropriate certain moneys to state aid to general education.

Was read the second time.

The question being "Shall HB 1020 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.

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 second time.

The question being "Shall HB 1119 pass as amended?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Abdallah; Apa; Duniphan; Earley; Kelly; Kooistra

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 1143: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to renovate Wecota Hall at South Dakota State University, and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1143 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, 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); Two Bulls

Nays:
Koetzle; Moore

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

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

Was read the second time.

Sen. Bogue moved that HB 1180 be placed to follow HB 1093 on today's calendar.

Which motion prevailed.

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 submit it to the Governor.

Was read the second time.

The question being "Shall HB 1223 pass as amended?"

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Adelstein; Bogue; Dempster; Duenwald; Duniphan; Gant; Gray; Kelly; Knudson; Kooistra; Koskan; McCracken; McNenny; Smidt; Sutton (Duane)

Nays:
Abdallah; Apa; Bartling; Broderick; Earley; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Lintz; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

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

HB 1236: FOR AN ACT ENTITLED, An Act to create the South Dakota Virtual High School.

Was read the second time.

The question being "Shall HB 1236 pass as amended?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Abdallah; Apa; Bartling; Gant; Greenfield; Hundstad; Moore; Napoli; Schoenbeck

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 1093 and 1180 be deferred to Thursday, February 23, the 31^st legislative day.

Which motion prevailed.

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

COMMUNICATIONS AND PETITIONS

February 22, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 22, 2006, I approved Senate Bills 90 and 118, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 28, 149, 155, 186, 194, and 208 were delivered to his Excellency, the Governor, for his approval at 5:00 p.m., February 22, 2006.

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 SB 50 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1164, 1174, and 1218.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Thursday, February 23, the 31^st legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 10: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions relating to South Dakota Retirement System disability benefits.

SB 49: FOR AN ACT ENTITLED, An Act to modify the requirements for health discount plans.

SB 151: FOR AN ACT ENTITLED, An Act to define the local government contribution for the construction of an armory.

SB 166: FOR AN ACT ENTITLED, An Act to adopt the Uniform Athlete Agents Act.

SB 200: FOR AN ACT ENTITLED, An Act to authorize the risk pool board to allow additional enrollees into the risk pool under certain circumstances.

SB 201: FOR AN ACT ENTITLED, An Act to revise the risk pool reimbursement method for certain health care providers.

HB 1006: FOR AN ACT ENTITLED, An Act to revise certain provisions related to out-of- state cattle brands and to establish a penalty.

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.

HB 1016: FOR AN ACT ENTITLED, An Act to provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

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

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

HB 1149: FOR AN ACT ENTITLED, An Act to revise certain felony and misdemeanor provisions not located in the criminal code.

HB 1153: FOR AN ACT ENTITLED, An Act to revise the definition of a prohibited sexual act.

HB 1164: FOR AN ACT ENTITLED, An Act to revise the taxation of leased motorcycles and motorized bicycles.

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning business improvement districts.

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

HB 1182: FOR AN ACT ENTITLED, An Act to allow school districts to expend from the capital outlay fund for some of their mileage reimbursement costs.

HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding directed trusts to include custodial accounts.

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.

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

HB 1218: FOR AN ACT ENTITLED, An Act to establish a task force to study education for divorcing parents and visitation and custody matters.

HB 1225: FOR AN ACT ENTITLED, An Act to rename the office and the title of the head of the Old Age and Survivors Insurance Division in the Office of the State Auditor and specify the position's duties.

HB 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

And signed the same in the presence of the Senate.

Sen. Gray moved that the Senate do now adjourn, which motion prevailed and at 6:15 p.m. the Senate adjourned.

Patricia Adam, Secretary