Senate Journal 3/8/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

THIRTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 8, 2010

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

The prayer was offered by the Chaplain, Pastor John Rhoad, followed by the Pledge of Allegiance led by Senate pages Daniel Vellek and Austin Trask.

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 thirty-second 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,

Bob Gray, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 8, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on March 4, 2010, I approved Senate Bills 13, 15, 51, 57, and 82, 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 Health and Human Services respectfully reports that it has had under consideration HB 1183 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060fb

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

"Section 1. That § 10-45B-2 be amended to read as follows:

10-45B-2. ~~Any person~~ As provided in this chapter, any person holding a permit issued pursuant to § 10-45B-6 may apply for and obtain a refund or credit for contractors' excise taxes imposed and paid under the provisions of chapter 10-46A for the construction of a new agricultural processing facility and for sales or use taxes imposed and paid by such person under the provisions of chapters 10-45 and 10-46 for the purchase or use of agricultural processing equipment.

Section 2. That § 10-45B-4 be repealed.

10-45B-4. The refund of taxes for a new agricultural processing facility pertains only to project costs incurred and paid after April 1, 1997, and within thirty-six months of the construction date as stated on the application required by § 10-45B-6. No refund may be made unless:

~~(1) The project cost exceeds the sum of four million five hundred thousand dollars; and~~

~~(2) The person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.~~

Section 3. That § 10-45B-4.1 be repealed.

10-45B-4.1. The refund of taxes pursuant to § 10-45B-2.1 pertains only to project costs incurred and paid after February 1, 2005, up to and including thirty-six months from the construction date if the project costs are sixty million dollars or less and after February 1, 2005, up to and including seventy-two months from the construction date if the project costs are more than sixty million dollars. There is no refund if the person applying for the refund does not obtain a permit from the secretary as set forth in § 10-45B-6.

~~Upon a showing of good cause, the time limits prescribed by this section may be extended by the secretary for a period not to exceed twenty-four months.~~

Section 4. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The refund of taxes pursuant to §§ 10-45B-2 and 10-45B-2.1 pertains only to project costs incurred and paid after January 1, 2008, up to and including thirty-six months from the construction date. No refund may be paid unless the person applying for the refund obtains a permit from the secretary as set forth in § 10-45B-6.

Section 5. That § 10-45B-5 be repealed.

10-45B-5. If the project cost for a new agricultural processing facility exceeds four million five hundred thousand dollars, the refund shall be one hundred percent of the taxes attributed to the project cost.

Section 6. That § 10-45B-5.1 be repealed.

~~10-45B-5.1. The amount of the tax refund for a new business facility shall be a percentage of the taxes paid, as follows:~~

            (1)    For project costs of less than ten million dollars, there shall be no refund;

            (2)    For project costs of ten or more million dollars but less than fifteen million dollars there shall be a refund of twenty-five percent of the taxes paid;

            (3)    For project costs of fifteen or more million dollars but less than twenty million dollars there shall be a refund of thirty-three percent of the taxes paid;

            (4)    For project costs of twenty or more million dollars but less than forty million dollars there shall be a refund of fifty percent of the taxes paid;

            (5)    For project costs of forty or more million dollars but less than sixty million dollars there shall be a refund of sixty-seven percent of the taxes paid;

            (6)    For project costs of sixty million dollars or more but less than six hundred million dollars there shall be a refund of seventy-five percent of the taxes paid; and

~~(7) For project costs of six hundred million dollars and greater there shall be a refund of ninety percent of the taxes paid.~~

Section 7. That § 10-45B-6.1 be repealed.

~~10-45B-6.1. Any person issued a permit pursuant to this chapter prior to March 31, 1997, may continue to submit claims for the project.~~

Section 8. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 10-45B or this Act, this section controls the amount of refunds payable under chapter 10-45B for any new agricultural processing facility or new business facility that has a construction date on or after January 1, 2010. For project cost incurred and paid from January 1, 2010, to December 31, 2012, inclusive, the amount of the refund shall be determined by applying the provisions of chapter 10-45B in effect on July 1, 2010. The amount of the tax refund for a new agricultural processing facility or new business facility shall be a percentage of the taxes paid, as follows:

(1) For project costs of less than ten million dollars, there shall be no refund;

(2) For project costs of ten or more million dollars but less than four hundred million dollars, there shall be a refund of fifty percent of the taxes paid; and

(3) For projects costs of four hundred million or more dollars, there shall be no refund.

No tax refund may be given for any project cost incurred and paid on or after January 1, 2013.

Section 9. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The provisions of chapter 10-45B in effect prior to January 1, 2010, apply to any project where the construction date was before January 1, 2010.

Section 10. That § 10-45B-8 be amended to read as follows:

10-45B-8. Any person issued a permit pursuant to this chapter shall submit a claim for refund to the department no more frequently than on or before the last day of each month and no less frequently than on or before the last day of each month following each calendar quarter. The secretary shall determine and pay the amount of the tax refund within ninety days of receipt of the claim for refund. Ninety-five percent of the amount of refund shall be paid to the claimant in accordance with §§ 10-59-22 and 10-59-23, and five percent shall be withheld by the department. No interest may be paid on the refund amount. ~~If electronic funds transfer is available to the secretary, the secretary shall pay the refund by electronic funds transfer if requested by the claimant.~~ The secretary shall pay the refund by electronic funds transfer.

Section 11. That § 10-45B-8.1 be repealed.

~~10-45B-8.1. No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received after the following applicable time period:~~

(4) Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.
Moreover, any such claim is barred from any future refund eligibility.

Section 12. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

No claim for refund pursuant to this chapter may be considered by the department if the claim for refund is received twelve months after the thirty-six month time period of section 4 of this Act. Moreover, any such claim is barred from any future refund eligibility.

Section 13. That § 10-45B-8.2 be repealed.

10-45B-8.2. No document or record in support of any claim for refund may be considered by the department if the documents or records in support of any claim for refund are received after the following applicable time period:

            (1)    Twelve months after the thirty-six month time period of § 10-45B-4;

            (2)    Twelve months after the thirty-six month time period of § 10-45B-4.1 for projects with project costs of sixty million dollars or less;

            (3)    Twelve months after the seventy-two month time period of § 10-45B-4.1 for projects with project costs of more than sixty million dollars; or

            (4)    Twelve months after the extended time period of § 10-45B-4.1 for projects that have obtained a time limit extension from the secretary.
Moreover, any such document or record is barred from any future consideration.

However, if the department requests any additional document or record from the project owner after a review of the claim for refund, and the request is made after the applicable time period provided by this section has expired, the project owner has sixty days to provide the requested document or record. No document or record received after this sixty-day period may be considered by the department. Moreover, any such document or record is barred from any future consideration.

Section 14. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

No document or record in support of any claim for refund may be considered by the department if the document or record in support of any claim for refund is received twelve months after the thirty-six month time period of section 4 of this Act. Moreover, any such document or record is barred from any future consideration.

Section 15. That § 10-45B-8.3 be repealed.

~~10-45B-8.3. The provisions of §§ 10-45B-8.1 and 10-45B-8.2 apply to refunds for projects only if the permit was applied for after June 30, 2009.~~

Section 16. That § 10-45B-9 be amended to read as follows:

10-45B-9. The amounts withheld by the department in accordance with § 10-45B-8 shall be retained until the project has been completed and the claimant has met all the conditions of ~~§ 10-45B-4 or 10-45B-4.1~~ section 4 of this Act, at which time all sums retained shall be paid to claimant.

Section 17. That chapter 10-46C be repealed.

Section 18. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

The department shall transfer to the revolving economic development and initiative fund established by § 1-16G-3 an amount equal to ten percent per fiscal year of the sales, use, and contractors' excise taxes paid on projects receiving a refund under section 8 of this Act. The total amount transferred pursuant to this section per fiscal year may not exceed ten million dollars."

1060fta

On page 1, line 2, of the House engrossed bill, before "." insert ", to repeal the contractors' excise tax on new or expanded power production facilities, and to make certain transfers to the revolving economic development and initiative fund".

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 1138 and returns the same with the recommendation that said bill be amended as follows:

1138oa

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

"Section 1. For the purposes of this Act, the term, department, means the Department of Tourism and State Development.

Section 2. The governing body of a political subdivision may apply to the department for designation of all or part of the area within the political subdivision as a certified technology park or certified site and to enter into an agreement governing the terms and conditions of the designation. The application shall be in a form specified by the department and shall include information the department determines necessary to make the determinations required pursuant to this Act.

Section 3. The governing body of the political subdivision that established the certified technology park may enter an agreement with the department establishing the terms and conditions governing a certified technology park designated pursuant to this Act. Upon designation of the certified technology park under the terms of the agreement, the subsequent failure of any party to comply with the terms of the agreement may result in the termination or rescission of the designation of the area as a certified technology park. The agreement shall include all of the following:

(1) A description of the area to be included within the certified technology park;

(2) Any covenants and restrictions upon all or part of the properties contained within the certified technology park and terms of enforcement of any covenants or restrictions;

(3) The financial commitments of any party to the agreement and of any owner or developer of property within the certified technology park;

(4) The terms of any commitment required from a postsecondary educational institution or private research based institute for support of the operations and activities within the certified technology park;

(5) The terms of enforcement of the agreement, which may include the definition of events of default, cure periods, legal and equitable remedies and rights, and penalties and damages, actual or liquidated, upon the occurrence of an event of default; and

(6) The public or private facilities to be developed for the certified technology park and the costs of those public or private facilities, as approved by the department.

The governing body of the political subdivision and the department shall maintain the confidentiality of any information that is submitted as part of this review process and marked as confidential.

Section 4. The department shall promulgate rules pursuant to chapter 1-26 to:

(1) Prescribe the application procedures and the form and content of the application and business plan for a certified technology park or certified site;

(2) Set the minimum criteria for an area to be designated as a certified technology park or certified site;

(3) Establish certain level of financial and technical support for the certified technology park and the required evidence of public and private partnerships;

(4) Establish terms and conditions on how the certified technology park may be operated including the ownership of facilities and buildings;

(5) Determine the commitment of postsecondary, private, or federal research and development for the park;

(6) Determine the commitment of the local governments and economic development organization to the park; and

(7) Require certain documents and reports regarding the operation and activities of the park to be filed with the department."

1138ota

On page 1, line 1, of the House engrossed bill, delete everything after "parks" and insert "or certified sites".

On page 1, line 2, delete everything before "to".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1227, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1227fc

On page 1 of the House engrossed bill, delete lines 6 to 12, inclusive, and insert:

"A township may enroll in any group health insurance plan, group life insurance plan, or group disability income insurance plan permitted by law to be offered in this state for township officers and any employee of the township who is employed for a minimum of one thousand forty hours per year by the township. However, no township may pay the premiums or any portion thereof for the insurance programs allowed by this section."

1227ftb

On page 1, line 1, of the House engrossed bill, delete "provide" and insert "enroll in".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1165 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 19, 42, 54, 64, 66, 81, 105, and 168 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SJR 3 was delivered to his Excellency, the Secretary of State, for filing at 10:45 a.m., March 8, 2010.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 10, 55, 61, 85, 86, 90, 96, 101, 103, 109, 110, 166, and 190 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 8, 2010.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1012 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 2 and 188 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 19, 42, 64, 81, 105, and 168 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1012: A CONCURRENT RESOLUTION, Directing the South Dakota State Investment Council to apply its Social Activism Policy to address the ongoing genocide and other atrocities being committed in Sudan.

Was read the first time, the President waived the referral to committee, and placed HCR 1012 on the calendar of Tuesday, March 9, the 34^th legislative day.

Sen. Knudson moved that consideration of House amendments to SB 62 and 121 be placed to follow HB 1202 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1110 as found on page 564 of the Senate Journal; also

Judiciary on HB 1231 as found on page 564 of the Senate Journal; also

Judiciary on HB 1077 as found on page 565 of the Senate Journal; also

Judiciary on HB 1265 as found on page 565 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Hansen (Tom) requested that HB 1187 be removed from the Consent Calendar.

HB 1164: FOR AN ACT ENTITLED, An Act to revise no contact provisions in cases of stalking and domestic abuse.

Was read the second time.

The question being "Shall HB 1164 pass?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

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 1177: FOR AN ACT ENTITLED, An Act to prohibit the granting of subsequent suspended impositions of sentence to the same defendant.

Was read the second time.

The question being "Shall HB 1177 pass?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

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 1228: FOR AN ACT ENTITLED, An Act to establish an ancillary standard in determining the best interests of a child.

Was read the second time.

The question being "Shall HB 1228 pass as amended?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1160: FOR AN ACT ENTITLED, An Act to allow certain students to participate in the opportunity scholarship program under certain circumstances.

Was read the second time.

1160ch

Sen. Nesselhuf moved that HB 1160 be further amended as follows:

On page 2, line 1, of the Senate Education Committee engrossed bill, delete "twelve hundred" and insert "twelve hundred eighty".

Which motion prevailed.

The question being "Shall HB 1160 pass as amended?"

And the roll being called:

Yeas 27, Nays 1, Excused 7, Absent 0

Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Olson (Russell)

Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

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 1036: FOR AN ACT ENTITLED, An Act to create a licensing category for the owners of property where licensed gaming is conducted in the city of Deadwood.

Was read the second time.

1036ja

Sen. Nelson moved that HB 1036 be further amended as follows:

On page 2, line 18, of the House State Affairs Committee engrossed bill, after "Deadwood" insert ". The term, gaming property owner, does not include any person who owned real property where licensed gaming was conducted within the city of Deadwood prior to January 1, 2010".

Which motion prevailed.

The question being "Shall HB 1036 pass as amended?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions for the procurement of goods and services for governmental agencies.

Was read the second time.

The question being "Shall HB 1046 pass as amended?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Gillespie; Hanson (Gary); Heidepriem; Jerstad; Kloucek; Maher; Merchant; Miles; Peterson

Excused:
Hundstad

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 1054: FOR AN ACT ENTITLED, An Act to provide independent voters voting absentee the appropriate ballot during a primary election and to declare an emergency.

Was read the second time.

The question being "Shall HB 1054 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Hundstad

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 1057: FOR AN ACT ENTITLED, An Act to revise and update certain provisions relating to dairy production and inspection.

Was read the second time.

1057rb

Sen. Maher moved that HB 1057 be further amended as follows:

On page 8, line 6, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete "civil" and insert "fine,".

On page 8, line 7, delete "penalty".

On page 8, line 7, after "violation" insert ",".

On page 8, line 8, after "." Insert "All fines collected pursuant to this section are subject to S.D. Const., Art. VIII, § 3."

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Sen. Kloucek moved as a substitute motion that HB 1057 be further amended as follows:

On page 8, line 8, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "." Insert "Any money collected as a civil penalty pursuant to this section shall be used for the maintenance and repair of dams and reservoirs located on school and public lands."

Which motion lost.

The question now being on Sen. Maher's motion to amend HB 1057.

Which motion prevailed.

The question being "Shall HB 1057 pass as amended?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Haverly; Howie; Novstrup (Al)

Excused:
Abdallah; Hundstad

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 1105: FOR AN ACT ENTITLED, An Act to permit the record of a person's arrest to be expunged.

Was read the second time.

The question being "Shall HB 1105 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry

Nays:
Vehle

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 1107: FOR AN ACT ENTITLED, An Act to provide for the renewal of certain nonresident commercial driver licenses.

Was read the second time.

1107fb

Sen. Kloucek moved that HB 1107 be further amended as follows:

On page 2, after line 7 of the House engrossed bill, insert:

"Section 2. The Department of Public Safety shall offer, by October 1, 2010, a driver licensing site in each municipality in which the department offered a driver licensing site on January 1, 2006. Thereafter, no driver licensing site may be closed if at least one thousand five hundred persons, based on the most recent federal census, reside within thirty miles of the driver licensing site."

Which motion lost.

The question being "Shall HB 1107 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Hanson (Gary)

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 1135: FOR AN ACT ENTITLED, An Act to rescind all previous applications of the State of South Dakota for the calling of a federal constitutional convention to amend the Constitution of the United States.

Was read the second time.

The question being "Shall HB 1135 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Nays:
Hundstad; Tieszen

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 1214: FOR AN ACT ENTITLED, An Act to allow for the acquisition of the fee ownership of highway right-of way land for certain local governments.

Was read the second time.

The question being "Shall HB 1214 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

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 1240: FOR AN ACT ENTITLED, An Act to create the South Dakota need-based grant fund, to provide for the awarding of certain need-based grants, and to repeal provisions relating to tuition equalization grants.

Was read the second time.

The question being "Shall HB 1240 pass as amended?"

And the roll being called:

Yeas 24, Nays 11, Excused 0, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Dempster; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Tieszen; Turbak Berry; Vehle

Nays:
Abdallah; Brown; Fryslie; Gant; Gray; Haverly; Howie; Novstrup (Al); Olson (Russell); Rhoden; Schmidt

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 1241: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged and to revise certain provisions regarding county regulation of fireworks.

Was read the second time.

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Sen. Vehle moved that HB 1241 be further amended as follows:

On page 1, line 12, of the Senate Commerce Committee engrossed bill, delete "twenty-third" and insert "twenty-seventh".

On page 2, line 8, delete "twenty-third" and insert "twenty-seventh".

On page 2, line 11, delete "twenty-third" and insert "twenty-seventh".

On page 2, line 14, delete "twenty-third" and insert "twenty-seventh".

On page 2, line 20, delete "twenty-third" and insert "twenty-seventh".

On page 3, line 3, delete "twenty-third" and insert "twenty-seventh".

Which motion lost.

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

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hunhoff (Jean); Maher; Merchant; Nelson; Nesselhuf; Olson (Russell); Rhoden

Nays:
Ahlers; Fryslie; Gray; Haverly; Howie; Hundstad; Jerstad; Kloucek; Knudson; Miles; Novstrup (Al); Peterson; Schmidt; Tieszen; Turbak Berry; Vehle

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 1264: FOR AN ACT ENTITLED, An Act to provide for the issuance of free antlerless deer licenses to certain landowners and lessees.

Was read the second time.

The question being "Shall HB 1264 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Garnos; Gillespie; Hanson (Gary); Heidepriem; Howie; Hundstad; Kloucek; Maher; Miles; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Vehle

Nays:
Abdallah; Dempster; Fryslie; Gant; Hansen (Tom); Haverly; Hunhoff (Jean); Jerstad; Knudson; Merchant; Nelson; Novstrup (Al); Tieszen; Turbak Berry

Excused:
Gray

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 1270: FOR AN ACT ENTITLED, An Act to revise the conditions pursuant to which the state may enter into tax collection agreements with Indian tribes.

Was read the second time.

The question being "Shall HB 1270 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Hunhoff (Jean); Nelson

Excused:
Gray

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.

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XIII of the Constitution, relating to the trust fund created from the proceeds of the state cement enterprise sales.

Was read the second time.

The question being "Shall HJR 1004 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hundstad; Hunhoff (Jean); Knudson; Maher; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Adelstein; Hanson (Gary); Heidepriem; Jerstad; Kloucek; Merchant

Excused:
Gillespie

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

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance.

Was read the second time.

1053tb

Sen. Gant moved that HB 1053 be further amended as follows:

On page 10, after line 2 of the Senate Local Government Committee engrossed bill, insert:

"Section 9. 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.

1053ra

Sen. Adelstein moved that HB 1053 be further amended as follows:

On page 7, line 21, of the Senate Local Government Committee engrossed bill, delete everything after "(7)" .

On page 7, delete lines 22 to 24, inclusive.

On page 8, delete lines 1 and 2.

On page 8, line 3, delete "(8)".

Sen. Knudson moved that HB 1053 with Sen. Adelstein's pending amendment (1053ra) be deferred to Tuesday, March 9, the 34^th legislative day.

Which motion prevailed.

HB 1136: FOR AN ACT ENTITLED, An Act to limit asbestos-related liabilities for certain successor corporations.

Was read the second time.

The question being "Shall HB 1136 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hundstad; Hunhoff (Jean); Jerstad; Maher; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry; Vehle

Nays:
Heidepriem; Kloucek; Knudson; Merchant; Miles; Nelson; Tieszen

Excused:
Gillespie

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 1202: FOR AN ACT ENTITLED, An Act to require the director of equalization to use certain factors and adjustments to assess agricultural land, to allow the Department of Revenue and Regulation to assess certain agricultural land, and to transfer certain county funds to the Department of Revenue and Regulation.

Was read the second time.

1202fe

Sen. Novstrup (Al) moved that HB 1202 be further amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete line 14, and insert:

"Section 2. Notwithstanding the provisions of chapter 10-6 requiring each county director of equalization to assess agricultural land within the county, the Department of Revenue and Regulation shall conduct a pilot program by assessing all land classified as agricultural property in Brown County for the 2011 assessed valuation. The department shall assess agricultural land within the county pursuant to the applicable provisions of chapter 10-6 to determine its agricultural income value.

Section 3. Brown County shall transfer funds to the Department of Revenue and Regulation to assess agricultural land on behalf of the county. The county auditor shall transfer an amount of funds that is equal to the total taxable value of agricultural land divided by the total taxable value of all property within the county times the amount of funds budgeted by the county for the office of the director of equalization in the 2010 calendar year. The county auditor shall transfer fifty percent of such funds by December 1, 2010, and the remaining fifty percent by June 1, 2011.

Section 4. The Department of Revenue and Regulation shall report to the Eighty-sixth Legislature regarding the implementation of the pilot program proposed by this Act and make recommendations to the Legislature whether this pilot program shall be continued or expanded to other counties."

On page 2, delete lines 1 to 24, inclusive.

1202oa

Sen. Rhoden moved as a substitute motion that HB 1202 be further amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete lines 6 to 13, inclusive.

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

On page 2, line 19, delete "2" and insert "1".

Which motion prevailed.

1202ff

Sen. Adelstein moved that HB 1202 be further amended as follows:

On page 2, after line 24 of the Senate Taxation Committee engrossed bill, insert:

"Section 5. Brown County shall transfer funds to the Department of Revenue and Regulation to assess agricultural land on behalf of the county. The county auditor shall transfer an amount of funds that is equal to the total taxable value of agricultural land divided by the total taxable value of all property within the county times the amount of funds budgeted by the county for the office of the director of equalization in the 2010 calendar year. The county auditor shall transfer fifty percent of such funds by December 1, 2010, and the remaining fifty percent by June 1, 2011.

Section 6. The Department of Revenue and Regulation shall report to the Eighty-sixth Legislature regarding the implementation of the pilot program proposed by this Act and make recommendations to the Legislature whether this pilot program shall be continued or expanded to other counties."

Which motion lost.

Sen. Garnos moved the previous question.

Which motion prevailed.

The question being "Shall HB 1202 pass as amended?"

And the roll being called:

Yeas 16, Nays 16, Excused 3, Absent 0

Yeas:
Bartling; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Peterson; Rhoden

Nays:
Adelstein; Ahlers; Bradford; Brown; Dempster; Gant; Gray; Haverly; Howie; Hunhoff (Jean); Nelson; Novstrup (Al); Olson (Russell); Schmidt; Tieszen; Vehle

Excused:
Abdallah; Gillespie; Turbak Berry

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

Sen. Hansen (Tom) announced his intention to reconsider the vote by which HB 1202 lost.

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

MOTIONS AND RESOLUTIONS

Sen. Vehle moved that the Senate do concur in House amendments to SB 62.

Sen. Brown moved as a substitute motion that the Senate do not concur in House amendments to SB 62 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Vehle, Fryslie, and Hundstad.

Sen. Ahlers moved that the Senate do concur in House amendments to SB 121.

The question being on Sen. Ahlers' motion that the Senate do concur in House amendments to SB 121.

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Novstrup (Al)

Excused:
Abdallah; Gillespie

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.

Earlier today, Sen. Hansen (Tom) announced his intention to reconsider the vote by which HB 1202 lost.

Sen. Hansen (Tom) moved that the Senate do now reconsider the vote by which HB 1202 lost.

The question being on Sen. Hansen (Tom)'s motion to reconsider the vote by which HB 1202 lost.

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen

Nays:
Adelstein; Brown; Dempster; Gant; Haverly; Nelson; Novstrup (Al); Olson (Russell); Turbak Berry; Vehle

Excused:
Abdallah; Gillespie

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1202 was up for reconsideration and final passage.

Sen. Knudson moved that HB 1202 be deferred to Tuesday, March 9, the 34^th legislative day.

Which motion prevailed.

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1016, 1018, and 1248.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 79 and 191 were lost for failure to be placed on the House calendar.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 19: FOR AN ACT ENTITLED, An Act to increase contributions related to the optional spouse protection program within the South Dakota Retirement System and to prohibit any new enrollments in the program.

SB 42: FOR AN ACT ENTITLED, An Act to restrict the licensure and prohibit the employment of certain persons, including persons on the sex offender registry, in certain child welfare agencies or family day care centers.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain procedures for the commencement of civil actions by inmates.

SB 64: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

SB 66: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property tax and sales tax refunds for certain elderly persons and persons with a disability.

SB 81: FOR AN ACT ENTITLED, An Act to exempt open-loop prepaid cards from unclaimed property provisions.

SB 105: FOR AN ACT ENTITLED, An Act to provide a statutory reference for the code of ethics for certified teachers and administrators.

SB 168: FOR AN ACT ENTITLED, An Act to increase the amount of coverage provided by the South Dakota Life and Health Insurance Guaranty Association for long-term care insurance.

HB 1042: FOR AN ACT ENTITLED, An Act to increase certain billboard permit fees.

HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning intoxicated or incapacitated persons who may be taken into protective custody.

HB 1132: FOR AN ACT ENTITLED, An Act to provide for the referral and placement of certain individuals in need of intervention.

HB 1155: FOR AN ACT ENTITLED, An Act to require the marking of certain anemometer towers used for wind energy testing purposes.

HB 1181: FOR AN ACT ENTITLED, An Act to eliminate the consolidation incentives for any school districts that consolidate after July 1, 2010.

HB 1201: FOR AN ACT ENTITLED, An Act to provide that certain tax laws applicable on December 31, 2009, apply to certain wills and trusts that refer to federal estate and generation-skipping transfer tax laws, and to declare an emergency.

HB 1222: FOR AN ACT ENTITLED, An Act to exempt persons selling certain foods at farmers' markets from licensure requirements and to establish other requirements for the sale of those foods.

HB 1244: FOR AN ACT ENTITLED, An Act to increase the penalty for solicitation of a minor.

HB 1249: FOR AN ACT ENTITLED, An Act to provide for the disposition of certain property sold at auction but not claimed.

HB 1254: FOR AN ACT ENTITLED, An Act to revise the requirements for the assignment of certain funeral benefits.

HB 1257: FOR AN ACT ENTITLED, An Act to remove certain provisions relating to countersignatures for insurance producers.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 23 Introduced by: Senators Ahlers, Bartling, Dempster, Hanson (Gary), Heidepriem, Jerstad, Maher, Merchant, Miles, Nesselhuf, Peterson, and Turbak Berry and Representatives Thompson, Blake, Curd, Cutler, Engels, Feickert, Feinstein, Iron Cloud III, Krebs, Lange, Peters, Schlekeway, Steele, Tidemann, and Vanderlinde

A LEGISLATIVE COMMEMORATION, Congratulating and commending Bryan Hagg, Tony Martinet, and the entire Sioux Falls Lincoln High School Forensic Team for their commitment, dedication, and success at the state and national levels from the 2008 through 2010 forensic seasons.

WHEREAS, the Lincoln Forensic Team demonstrated tremendous achievement and a commitment to excellence in all areas of forensic competition; and

WHEREAS, Lincoln Forensic Team members reached the final round of competition, placing sixth in duo interpretation and dramatic interpretation at the National Catholic Forensic Tournament in 2008 and 2009; and

WHEREAS, a Lincoln Forensic Team member reached the semifinal round in impromptu speaking at the 2009 National Forensic League Tournament; and

WHEREAS, the Lincoln Oral Interpretation Team won multiple State School of Excellence Awards from 2008 through 2010; and

WHEREAS, the Lincoln Debate Team's novice policy debate squad placed first at every tournament they attended in the state of South Dakota during the 2008-2009 season; and

WHEREAS, the Lincoln Forensic Team reached Elite Societe' De 500 Club in the National Forensic League, currently ranking Sioux Falls Lincoln as the fifteenth largest program in the nation; and

WHEREAS, the Lincoln Forensic Team qualified twenty-one students to the National Forensic League Tournament in two seasons:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Bryan Hagg, Tony Martinet, and the entire Sioux Falls Lincoln High School Forensic Team be congratulated and commended for their commitment, dedication, and success at the state and national levels from the 2008 through 2010 forensic seasons.

Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 5:31 p.m. the Senate adjourned.

Trudy Evenstad, Secretary