House Journal 02/23/2006 2:00 PM

JOURNAL OF THE HOUSE

EIGHTY-FIRST SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Thursday, February 23, 2006

The House convened at 2:00 p.m., pursuant to adjournment, the Speaker presiding.

The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by House pages Michael Thomas and Natalie Torberson.

Roll Call: All members present except Rep. Hennies who was excused.

APPROVAL OF THE JOURNAL

MR. SPEAKER:

The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirtieth 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,

Matthew Michels, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 22, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 22, 2006, I approved House Bills 1157, 1165, 1188, and 1224, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 23, 2006

Mr. Speaker and Members of the House of Representatives:

I have the honor to inform you that on February 22, 2006, I approved House Bills 1007, 1040, 1075, 1082, 1111, 1112, and 1186, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF CONFERENCE COMMITTEES

Cc1072A

MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1072 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1072 be amended as follows:

1072jb

On page 2, after line 18 of the Senate engrossed bill, insert:

Section 4. This Act shall become effective upon passage of an amendment to section 1917 (b)(1)(C) of the Social Security Act by the United States Congress that authorizes the establishment of a long-term care partnership program.".

Respectfully submitted,                 Respectfully submitted,
Elizabeth Kraus                        Tom Hansen
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE SENATE

MR. SPEAKER:

I have the honor to return herewith HB 1081, 1129, 1154, 1237, and 1241 which have passed the Senate without change.

Also MR. SPEAKER:

I have the honor to return herewith HB1015, 1020, 1098, 1119, 1143, 1167, 1181, 1197, 1209, 1215, and 1236 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1019, 1093, and 1223 were lost on second reading and final passage.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has passed HB 1147, the Governor's veto notwithstanding.

Also MR. SPEAKER:

I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 68 and 87.

Also MR. SPEAKER:

I have the honor to inform your honorable body that HB 1061, 1194, and 1234 were lost for failure to be placed on the Senate calendar.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS

Rep. Gillespie moved that the House do concur in Senate amendments to HB 1199.

The question being on Rep. Gillespie's motion that the House do concur in Senate amendments to HB 1199.

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Pederson (Gordon); Rhoden; Thompson

Excused:
Hennies

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

Rep. O'Brien moved that the House do not concur in Senate amendments to HB 1163 and that a committee of three on the part of the House be appointed to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Which motion prevailed and the Speaker appointed as such committee Reps. O'Brien, Haley, and Jerke.

HCR 1009: A CONCURRENT RESOLUTION, Urging Congress to restore funding for the Urban Indian Health Program.

Rep. Van Norman moved that HCR 1009 as found on pages 675 and 676 of the House Journal be adopted.

The question being on Rep. Van Norman's motion that HCR 1009 be adopted.

And the roll being called:

Yeas 65, Nays 3, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Howie; Kraus; Tornow

Excused:
Hennies; Putnam

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

HCR 1010 Introduced by: Representatives Wick, Boomgarden, Brunner, Buckingham, Cutler, Davis, Dennert, Dykstra, Elliott, Faehn, Frost, Garnos, Gassman, Glenski, Hackl, Haley, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Howie, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Kroger, McLaughlin, Miles, Nelson, Novstrup, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Street, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Weems, and Willadsen and Senators Koskan, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Knudson, Kooistra, Lintz, McCracken, McNenny, Moore, Napoli, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls

A CONCURRENT RESOLUTION, Supporting the development of nuclear power in South Dakota.

WHEREAS, nuclear power has proved to be a reliable and low-cost source of energy; and

WHEREAS, use of nuclear power will decrease our dependence on foreign oil. Nuclear energy in the United States has displaced more than 4.6 billion barrels of oil and saved more than $145 billion in oil payments since the 1973 Arab oil embargo; and

WHEREAS, nuclear power promotes economic development through the creation of jobs and tax revenues and the availability of a stable and reliable source of energy; and

WHEREAS, it is imperative that United States research and academic institutions continue to pursue and develop state-of-the-art nuclear technology and that the United States not allow itself to be overtaken by other nations in the development of this crucial energy resource; and

WHEREAS, nuclear power has proven to be a safe energy alternative. No fatalities have ever been recorded at any nuclear power facility in the United States; and

WHEREAS, nuclear energy is the second largest source of electricity in the United States, providing twenty percent of our electricity supply safely and reliably and without damage to the environment:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty- first Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature supports the development of nuclear energy production facilities within the State of South Dakota.

Was read the first time and the Speaker waived the committee referral.

Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 24^th, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Rep. Van Etten moved that the report of the Conference Committee on SB 207 as found on pages 672 and 673 of the House Journal be adopted.

The question being on Rep. Van Etten's motion that the report of the Conference Committee on SB 207 be adopted.

And the roll being called:

Yeas 68, Nays 0, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies; Valandra

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

CONSIDERATION OF REPORTS OF COMMITTEES

Rep. Rhoden moved that the reports of the Standing Committees on

Appropriations on SB 19 as found on page 668 of the House Journal ; also

Appropriations on SB 143 as found on page 669 of the House Journal ; also

Appropriations on SB 153 as found on page 669 of the House Journal ; also

Appropriations on SB 168 as found on page 669 of the House Journal ; also

Judiciary on SB 57 as found on page 670 of the House Journal ; also

Transportation on SB 157 as found on page 671 of the House Journal ; also

State Affairs on SB 198 as found on pages 671 and 672 of the House Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 157: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the exercise of the right of eminent domain by a railroad and to provide for the use of railroad rights-of-way by utility companies.

Was read the second time.

The question being “Shall SB 157 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 165: FOR AN ACT ENTITLED, An Act to appropriate money to the South Dakota Energy Infrastructure Authority and declare an emergency.

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

The question being “Shall SB 165 pass as amended?”

And the roll being called:

Yeas 53, Nays 16, Excused 1, Absent 0

Yeas:
Bradford; Brunner; Cutler; Dennert; Dykstra; Elliott; Faehn; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Heineman; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen

Nays:
Boomgarden; Buckingham; Davis; Deadrick; Frost; Fryslie; Hanks; Haverly; Hunhoff; Klaudt; O'Brien; Peters; Putnam; Tidemann; Turbiville; Speaker Michels

Excused:
Hennies

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

SB 130: FOR AN ACT ENTITLED, An Act to impose the 911 monthly telephone surcharge to prepaid telephone calling services.

Was read the second time.

130fc

Rep. Rave moved that SB 130 be amended as follows:

On page 4, line 7 of the Senate Commerce Committee engrossed bill, delete everything after " § 34-45-8. " and insert "The surcharge amount shall be remitted to the location associated with the telephone number that is programmed into the wireless telephone that will be providing prepaid wireless telephone service. If the prepaid wireless telephone calling service provider is unable to determine the location of the customer, the surcharge amount shall be remitted based on the place at which the customer paid for the prepaid wireless telephone service.".

On page 4 , delete lines 8 to 10 , inclusive.

Which motion prevailed.

The question being “Shall SB 130 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

SB 83: FOR AN ACT ENTITLED, An Act to increase the length of time for which nationally certified teachers may receive stipends.

Was read the second time.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being “Shall SB 83 pass as amended?”

And the roll being called:

Yeas 43, Nays 26, Excused 1, Absent 0

Yeas:
Bradford; Brunner; Cutler; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hills; Jensen; Jerke; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Rausch; Roberts; Schafer; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Willadsen; Speaker Michels

Nays:
Boomgarden; Buckingham; Davis; Deadrick; Dykstra; Frost; Hackl; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Klaudt; Koistinen; Kraus; Krebs; Novstrup; Peters; Putnam; Rave; Rhoden; Rounds; Sebert; Weems; Wick

Excused:
Hennies

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

SB 73: FOR AN ACT ENTITLED, An Act to allow certain federally activated military personnel to be issued replacement elk, bighorn sheep, or mountain goat hunting licenses.

Was read the second time.

The question being “Shall SB 73 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

Rep. Rhoden moved that SB 202 be placed to precede SB 81 on today's calendar.

Which motion prevailed.

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

Was read the second time.

The question being “Shall SB 202 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

SB 81: FOR AN ACT ENTITLED, An Act to prohibit the acquiring or selling of certain communications records.

Was read the second time.

81jf

Rep. Rounds moved that SB 81 be amended as follows:

On page 2, line 15 of the House Commerce Committee engrossed bill, delete " covered entity " and insert "communications provider".

On page 2 , line 16, delete " or " .

On page 2 , line 17, delete " Accessing " and insert "Wrongfully accessing".

On page 2 , line 17, delete " . " and insert "; or

(5) Receiving confidential communications records information knowing such information has been obtained by fraudulent, deceptive, or false means.".

On page 3 , line 12, after " customer " insert "or communications provider".

On page 3 , line 16, after " customer " insert "or communications provider".

Which motion prevailed.

The question being “Shall SB 81 pass as amended?”

And the roll being called:

Yeas 67, Nays 0, Excused 3, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Fryslie; Haverly; Hennies

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

Speaker Pro tempore Deadrick now presiding.

SB 99: FOR AN ACT ENTITLED, An Act to establish a task force to study sexual assault and to provide for its composition, scope, and administration.

Was read the second time.

The question being “Shall SB 99 pass as amended?”

And the roll being called:

Yeas 57, Nays 11, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Deadrick; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Heineman; Hills; Howie; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Putnam; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Willadsen; Speaker Michels

Nays:
Davis; Frost; Hackl; Hunhoff; Klaudt; Peters; Rausch; Rhoden; Tidemann; Tornow; Wick

Excused:
Haverly; Hennies

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

SB 1: FOR AN ACT ENTITLED, An Act to provide for the mandatory withdrawal of blood or other bodily substances subsequent to arrest for driving while under influence.

Was read the second time.

1ja

Rep. Murschel moved that SB 1 be amended as follows:

On page 1, line 12 of the House Judiciary Committee engrossed bill, after " evidence " insert " , if the violation is for a second or subsequent offense within the last ten years ".

On page 1 , delete line 13 , and insert " ~~The~~ If the violation is for a first offense within the last ten years, the person shall be requested by the officer to submit to the withdrawal of blood or other".

On page 1 , remove the overstrikes from line 14 .

On page 2 , remove the overstrikes from lines 1 to 14 , inclusive.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The Speaker, being in doubt of the voice vote, called for a division of the House.

Rep. Murschel's motion lost.

1ri

Rep. Valandra moved that SB 1 be amended as follows:

On page 3, after line 10 of the Senate Judiciary Committee engrossed bill, insert:

"
Section 5. That § 32-23-4.1 be amended to read as follows:

32-23-4.1. No previous conviction for, or plea of guilty to, a violation of § 32-23-1 occurring more than ~~ten~~ five years prior to the date of the violation being charged may be used to determine that the violation being charged is a second, third, or subsequent offense. However, any period of time during which the defendant was incarcerated for a previous violation may not be included when calculating if the time period provided in this section has elapsed. ".

Rep. Rhoden moved the previous question.

Which motion prevailed.

Rep. Valandra's motion lost.

Rep. Rhoden moved the previous question.

Which motion prevailed.

The question being “Shall SB 1 pass as amended?”

And the roll being called:

Yeas 52, Nays 17, Excused 1, Absent 0

Yeas:
Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gillespie; Glenski; Glover; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; O'Brien; Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels

Nays:
Boomgarden; Bradford; Brunner; Elliott; Gassman; Hackl; Haley; Hargens; Klaudt; Kroger; Murschel; Olson (Ryan); Putnam; Sigdestad; Valandra; Van Norman; Vehle

Excused:
Hennies

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

Speaker Michels now presiding.

SB 100: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state fund condition statements.

Was read the second time.

100ha

Rep. Hunt moved that SB 100 be amended as follows:

On page 1, between lines 3 and 4 of the printed bill, insert:

" Section 1. That § 4-5-29.1 be amended to read as follows:

4-5-29.1. Pursuant to S.D. Const., Art. XII, § 5, the state investment officer shall determine the market value of the health care 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 percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year ~~2007~~ 2008 , the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the health care trust fund to the state general fund as soon as practicable after July first of the next fiscal year.

Section 2. 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 percent of that market value, without invading principal, as eligible for distribution. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year ~~2007~~ 2008 , the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year. ".

On page 1 , after line 8, insert:

" Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".

Which motion prevailed.

100hc

Rep. Dennert moved that SB 100 be amended as follows:

On the previously adopted amendment (100ha), in the second sentence of Section1 after "four" insert " and nine-tenths "

Rep. Klaudt moved that Rep. Dennert's motion to amend SB 100 be laid on the table.

Which motion prevailed.

The question being “Shall SB 100 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

The question being on the title.

Rep. Hunt moved that the title to SB 100 be amended as follows:

On page 1, line 1 of the printed bill, after " Act to " insert "revise the distribution from certain constitutionally created trust funds, to".

On page 1 , line 2, after " statements " insert ", and to declare an emergency".

Which motion prevailed and the title was so amended.

SB 154: FOR AN ACT ENTITLED, An Act to revise the distribution from certain constitutionally created trust funds and to declare an emergency.

Was read the second time.

154hb

Rep. Hunt moved that SB 154 be amended as follows:

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

"
Section 1. That § 1-14-3.1 be amended to read as follows:

1-14-3.1. There is established in the state treasury the extraordinary litigation fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under § 3-22-1. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The extraordinary litigation fund , including any subfunds created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

The life protection subfund is established within the extraordinary litigation fund. The subfund shall be used to cover the litigation costs, including expert witness fees and attorney fees awarded under 42 U.S.C. § 1988 or other applicable statutes, associated with defending South Dakota statutes that regulate or proscribe abortion or contraception. In addition to moneys that the Legislature may appropriate to the subfund, the commissioner of the Bureau of Administration may accept private contributions for the subfund's purposes and deposit those moneys in the subfund. The life protection litigation subfund shall retain the interest income derived from the moneys credited to the subfund in accordance with § § 4-5-30 and 4-5-30.1.

Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Which motion prevailed.

The question being “Shall SB 154 pass as amended?”

And the roll being called:

Yeas 66, Nays 3, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Roberts; Thompson; Van Norman

Excused:
Hennies

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

The question being on the title.

Rep. Hunt moved that the title to SB 154 be amended as follows:

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "create a life protection litigation subfund within the extraordinary litigation fund and provide for its use and to declare an emergency.".

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 44: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding waiting periods for the filing of insurance rates.

Was read the second time.

The question being “Shall SB 44 pass as amended?”

And the roll being called:

Yeas 46, Nays 22, Excused 2, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hunhoff; Koistinen; Kroger; Lange; Miles; Putnam; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Hennies; Schafer

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

SB 29: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the examination of teacher and administrator preparation programs.

Was read the second time.

29fc

Rep. Buckingham moved that SB 29 be amended as follows:

On page 2 of the House Education Committee engrossed bill, delete lines 1 to 12 , inclusive, and insert:

"
Section 3. The task force shall consider the following information concerning the economic and social impact of Native American, postsecondary technical institutes, and private universities:

(1) Demographics, including the number of students attending Native American, postsecondary technical institutes, and private universities;

(2) Types of programs offered by Native American, postsecondary technical institutes, and private universities that directly or indirectly impact the economic needs of the state.

(3) Access to academic programs and the role of technology in providing such access;

(4) An inventory of educational facilities; and

(5) Contributions Native American, postsecondary technical institutes, and private universities are making to the state of South Dakota.

Section 4. The task force shall review and evaluate a comprehensive plan prepared by the Board of Regents. The comprehensive plan shall be submitted to the task force by January 1, 2007. The Board of Regents shall develop a comprehensive plan for the delivery of postsecondary education from the current year until 2020. The plan shall at a minimum include the following information concerning the public universities:

(1) Demographic patterns of the student populations;

(2) The role of satellite instruction sites in Pierre, Rapid City, and Sioux Falls;

(3) The delivery of postsecondary educational services to areas of the state not served by residential or satellite instructional sites;

(4) Access to academic programs and the role of technology in providing such access;

(5) An inventory of educational facilities and land owned or controlled by the public universities and expected future use of such facilities and land; and

(6) Contributions public universities are making to the state of South Dakota.

Section 5. The Task force shall consider how South Dakota's postsecondary institutions will address Goal 3 of Governor Round's 2010 Education Initiative: "To fully meet the needs of the state's changing economy and its citizens."

The task force shall examine the strengths of the public, Native American, and private universities and postsecondary technical institutes. In addition, the task force shall make recommendations on how collaboration in sustaining competition and choice, maintaining educational access in rural and urban population centers, and ensuring affordability for traditional and non-traditional students enhances educational opportunities for students. The task force shall submit its interim report to the Governor and the Legislature no later than January 1, 2007 and its final report to the Governor and the Legislature no later than November 1, 2007.".

Rep. Rhoden moved the previous question.

Which motion prevailed.

Rep. Buckingham's motion lost.

The question being “Shall SB 29 pass as amended?”

And the roll being called:

Yeas 27, Nays 41, Excused 2, Absent 0

Yeas:
Bradford; Buckingham; Deadrick; Dennert; Dykstra; Faehn; Fryslie; Gassman; Hanks; Heineman; Hunt; Jensen; Kraus; Krebs; Kroger; Lange; McCoy; Novstrup; Putnam; Sebert; Sigdestad; Thompson; Van Etten; Van Norman; Vehle; Weems; Speaker Michels

Nays:
Boomgarden; Brunner; Cutler; Davis; Elliott; Frost; Garnos; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Hills; Howie; Hunhoff; Jerke; Klaudt; Koistinen; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Roberts; Rounds; Street; Tidemann; Tornow; Turbiville; Valandra; Wick; Willadsen

Excused:
Hennies; Schafer

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

SB 98: FOR AN ACT ENTITLED, An Act to limit the transfer or renewal of certain alcohol beverage licenses.

Was read the second time.

98jb

Rep. Faehn moved that SB 98 be amended as follows:

On page 3, after line 6 of the House Local Government Committee engrossed bill, insert:

Section 4. The provisions of this Act are effective July 1, 2007.".

Rep. Rhoden moved the previous question.

Which motion prevailed.

A roll call vote was requested and supported.

The question being on Rep. Faehn's motion that SB 98 be amended.

And the roll being called:

Yeas 36, Nays 33, Excused 1, Absent 0

Yeas:
Bradford; Buckingham; Dennert; Dykstra; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Jensen; Jerke; Klaudt; Koistinen; Kroger; Lange; Miles; Nelson; O'Brien; Putnam; Rausch; Roberts; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Valandra; Van Norman

Nays:
Boomgarden; Brunner; Cutler; Davis; Deadrick; Frost; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Rave; Rhoden; Rounds; Schafer; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 98 was so amended.

The question being “Shall SB 98 pass as amended?”

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Hackl; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Klaudt; Miles; Putnam; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Hennies

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

SB 159: FOR AN ACT ENTITLED, An Act to prohibit certain civil penalties on dishonored checks and to revise the duties of the state's attorneys with respect thereto.

Was read the second time.

The question being “Shall SB 159 pass as amended?”

And the roll being called:

Yeas 65, Nays 4, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Elliott; Hackl; Hunt; Tornow

Excused:
Hennies

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

SB 19: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2006 regarding appropriations to the Board of Regents and the Department of Corrections.

Was read the second time.

The question being “Shall SB 19 pass as amended?”

And the roll being called:

Yeas 69, Nays 0, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

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

Was read the second time.

143ah

Rep. Klaudt moved that SB 143 be amended as follows:

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

A roll call vote was requested and supported.

The question being on Rep. Klaudt's motion that SB 143 be amended.

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Gassman; Hackl; Halverson; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Tidemann; Tornow; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Cutler; Dennert; Elliott; Gillespie; Glenski; Glover; Haley; Hargens; Jerke; Kroger; Miles; Thompson; Turbiville; Valandra; Van Norman

Excused:
Hennies

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and SB 143 was so amended.

143ai

Rep. Hargens moved that SB 143 be further amended as follows:

On page 1, line 3 of the House Appropriations Committee engrossed bill, delete " five hundred " and insert "six hundred fifty".

On page 1 , line 4, delete " ($500,000) " and insert "($650,000)".

A roll call vote was requested and supported.

The question being on Rep. Hargens' motion that SB 143 be amended.

And the roll being called:

Yeas 24, Nays 45, Excused 1, Absent 0

Yeas:
Bradford; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hills; Jerke; Kroger; Lange; Novstrup; Pederson (Gordon); Roberts; Sebert; Sigdestad; Street; Thompson; Valandra; Van Norman

Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hackl; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Miles; Murschel; Nelson; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

The question being “Shall SB 143 pass as amended?”

And the roll being called:

Yeas 64, Nays 4, Excused 2, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Haverly; Heineman; Hills; Hunhoff; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Hanks; Hargens; Howie; Hunt

Excused:
Hennies; Van Norman

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

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

Was read the second time.

153ac

Rep. Dennert moved that SB 153 be amended as follows:

On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " thirty million dollars ($30,000,000) " and insert "twenty-two million dollars ($22,000,000)".

A roll call vote was requested and supported.

The question being on Rep. Dennert's motion that SB 153 be amended.

And the roll being called:

Yeas 30, Nays 39, Excused 1, Absent 0

Yeas:
Bradford; Davis; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles; Nelson; Novstrup; Pederson (Gordon); Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman; Vehle

Nays:
Boomgarden; Brunner; Buckingham; Cutler; Deadrick; Dykstra; Faehn; Frost; Garnos; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; Murschel; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

Rep. Hargens moved that SB 153 be laid on the table.

The question being on Rep. Hargens' motion that SB 153 be laid on the table.

And the roll being called:

Yeas 21, Nays 48, Excused 1, Absent 0

Yeas:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Pederson (Gordon); Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman

Nays:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Excused:
Hennies

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

153ad

Rep. Dennert moved that SB 153 be amended as follows:

On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " thirty million dollars ($30,000,000) " and insert "twenty-two million dollars ($22,000,000)".

On page 1 , between lines 5 and 6, insert:

"
Section 2. The state treasurer shall transfer twenty million dollars ($20,000,000) from the railroad trust fund to the budget reserve fund. Interest income derived from the twenty million dollars, or portion thereof in subsequent fiscal years, shall be annually credited to the railroad trust fund pursuant to § § 4-5-30 and 4-5-30.1.".

Rep. Tidemann moved that Rep. Dennert's motion to amend SB 153 be laid on the table.

Which motion prevailed.

The question being “Shall SB 153 pass as amended?”

And the roll being called:

Yeas 46, Nays 23, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hanks; Hargens; Koistinen; Kroger; Lange; Miles; Novstrup; Roberts; Rounds; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Hennies

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

Rep. Putnam announced his intention to reconsider the vote by which SB 153 lost.

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

Was read the second time.

The question being “Shall SB 168 pass as amended?”

And the roll being called:

Yeas 54, Nays 15, Excused 1, Absent 0

Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Elliott; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Heineman; Hills; Jensen; Jerke; Koistinen; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Rave; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Deadrick; Dykstra; Faehn; Haverly; Howie; Hunhoff; Hunt; Klaudt; Kraus; Krebs; Peters; Putnam; Rausch; Rhoden; Rounds

Excused:
Hennies

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

Rep. Putnam moved that the House do now reconsider the vote by which SB 153 lost.

The question being on Rep. Putnam's motion to reconsider the vote by which SB 153 lost.

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Glenski; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Pederson (Gordon); Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Hennies

So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 153 was up for reconsideration and final passage.

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

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

The question being “Shall SB 153 pass as amended?”

And the roll being called:

Yeas 50, Nays 19, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Hennies

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

SB 57: FOR AN ACT ENTITLED, An Act to revise the definition of deceptive acts and practices and to increase the statute of limitations regarding deceptive trade practices.

Was read the second time.

57fa

Rep. Cutler moved that SB 57 be amended as follows:

On page 1, line 6 of the House Judiciary Committee engrossed bill, overstrike " and intentionally act, " .

On page 1 , line 6, after " use " overstrike " , " .

Which motion lost.

The question being “Shall SB 57 pass as amended?”

And the roll being called:

Yeas 28, Nays 41, Excused 1, Absent 0

Yeas:
Boomgarden; Cutler; Davis; Dennert; Dykstra; Elliott; Garnos; Glenski; Glover; Hanks; Hargens; Hills; Jerke; Kraus; Lange; McCoy; Miles; Olson (Ryan); Pederson (Gordon); Rhoden; Roberts; Rounds; Schafer; Street; Thompson; Turbiville; Van Norman; Willadsen

Nays:
Bradford; Brunner; Buckingham; Deadrick; Faehn; Frost; Fryslie; Gassman; Gillespie; Hackl; Haley; Halverson; Haverly; Heineman; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Krebs; Kroger; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Peters; Putnam; Rausch; Rave; Sebert; Sigdestad; Tidemann; Tornow; Valandra; Van Etten; Vehle; Weems; Wick; Speaker Michels

Excused:
Hennies

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

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

Was read the second time.

198cp

Rep. Hargens moved that SB 198 be amended as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 12. That § 13-13-10.1 be amended to read as follows:

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

(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;

(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;

(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;~~

Section 13. 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 14. 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 15. 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 16. 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.

Rep. Hanks moved that Rep. Hargens' motion to amend SB 198 be laid on the table.

A roll call vote was requested and supported.

The question being on Rep. Hanks' motion that Rep. Hargens' motion to amend SB 198 be laid on the table.

And the roll being called:

Yeas 49, Nays 20, Excused 1, Absent 0

Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hanks; Haverly; Heineman; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

Excused:
Hennies

So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and the amendment was tabled.

198cq

Rep. Elliott moved that SB 198 be amended as follows:

On the House State Affairs 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:

(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;

(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 ;