The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of
Allegiance led by Senate page Victoria Kinkler.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the twenty-fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
Which was subscribed to and placed on file in the office of the Secretary of State.
The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501
Dear Mr. President and Members of the Senate:
Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed Paul R. Christen,
Beadle County, Huron, South Dakota, to the South Dakota Science and Technology Authority.
This appointment is effective January 31, 2011, and shall continue until August 8, 2016.
Mr. President and Members of the Senate:
I have the honor to inform you that on February 22, 2011, I approved Senate Bill 5 and the
same has been deposited in the office of the Secretary of State.
The Committee on Local Government respectfully reports that it has had under
consideration HB 1094 and 1119 and returns the same with the recommendation that said bills
do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1081, 1092, 1099, and 1162 and returns the same with the recommendation
that said bills do pass and be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1173 and returns the same with the recommendation that said bill be amended
as follows:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1216 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1085 and returns the same with the recommendation that said bill be amended as follows:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1146 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HCR 1004 and returns the same with the recommendation that said resolution be
adopted.
The Committee on Legislative Procedure respectfully reports that SB 19 and 42 were
delivered to his Excellency, the Governor, for his approval at 9:47 a.m., February 23, 2011.
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 40 and finds the same correctly enrolled.
I have the honor to transmit herewith HB 1079, 1093, 1104, 1110, 1113, 1155, 1157, 1179,
1194, 1208, 1217, 1229, 1231, and 1232 which have passed the House and your favorable
consideration is respectfully requested.
I have the honor to return herewith SB 40 which has passed the House without change.
HCR 1007: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as
observer in the International Civil Aviation Organization and United Nations Framework
Convention on Climate Change.
Was read the second time.
Sen. Peters moved that the Senate do concur in HCR 1007 as found on page 418 of the
House Journal.
The question being on Sen. Peters' motion that the Senate do concur in HCR 1007.
And the roll being called:
Yeas 31, Nays 1, Excused 3, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly;
Heineman; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson
(Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Nygaard
Excused:
Garnos; Gray; Holien
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1007 was concurred in.
HCR 1008: A CONCURRENT RESOLUTION, Expressing opposition to the U.S. Army
Corps of Engineers' proposal to levy fees for the storage of water in the Missouri River
reservoirs.
Was read the second time.
The question being on Sen. Adelstein's motion that the Senate do concur in HCR 1008.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and HCR 1008 was concurred in.
Sen. Olson moved that the reports of the Standing Committees on
Education on SB 133 as found on page 476 of the Senate Journal; also
Education on SB 149 as found on page 477 of the Senate Journal; also
Judiciary on SB 164 as found on page 478 of the Senate Journal; also
Judiciary on SB 178 as found on page 478 of the Senate Journal; also
Appropriations on SB 190 as found on page 474 of the Senate Journal; also
Appropriations on SB 191 as found on page 475 of the Senate Journal be adopted.
Which motion prevailed.
The Senate proceeded to the consideration of the executive appointment of Walter Bones
of Turner County, Chancellor, South Dakota, as Secretary of the Department of Agriculture.
The question being "Does the Senate advise and consent to the executive appointment of
Walter Bones pursuant to the executive message as found on page 260 of the Senate Journal?"
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson
(Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden;
Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Adelstein; Lederman
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the appointment confirmed.
The Senate proceeded to the consideration of the executive reappointment of Pamela
Roberts of Hughes County, Pierre, South Dakota, as Secretary of the Department of Labor.
The question being "Does the Senate advise and consent to the executive reappointment
of Pamela Roberts pursuant to the executive message as found on page 260 of the Senate
Journal?"
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher;
Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave;
Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Excused:
Lederman
So the question having received an affirmative vote of a majority of the members-elect, the
President declared the reappointment confirmed.
HB 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the
purchase of firearms by out-of-state residents.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Education.
HB 1104: FOR AN ACT ENTITLED, An Act to revise the deadline for withdrawing from
a primary election.
Was read the first time and referred to the Committee on Local Government.
HB 1110: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the
general fund of a school district.
Was read the first time and referred to the Committee on State Affairs.
HB 1113: FOR AN ACT ENTITLED, An Act to affect medical services.
Was read the first time and referred to the Committee on State Affairs.
HB 1155: FOR AN ACT ENTITLED, An Act to revise various trust provisions.
Was read the first time and referred to the Committee on Judiciary.
HB 1157: FOR AN ACT ENTITLED, An Act to revise the rate of the insurance company
premium and annuity taxes applied to court appearance bonds and to establish an annual fee for
certificate of authority for domestic insurers issuing court appearance bonds.
Was read the first time and referred to the Committee on Taxation.
HB 1179: FOR AN ACT ENTITLED, An Act to permit local political subdivisions with
volunteer advanced life support personnel to establish deferred compensation plans.
Was read the first time and referred to the Committee on Local Government.
HB 1194: FOR AN ACT ENTITLED, An Act to establish the State of South Dakota
endowment fund.
Was read the first time and referred to the Committee on State Affairs.
Was read the first time and referred to the Committee on Education.
HB 1217: FOR AN ACT ENTITLED, An Act to establish certain legislative findings
pertaining to the decision of a pregnant mother considering termination of her relationship with
her child by an abortion, to establish certain procedures to better insure that such decisions are
voluntary, uncoerced, and informed, and to revise certain causes of action for professional
negligence relating to performance of an abortion.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1229: FOR AN ACT ENTITLED, An Act to repeal the requirement for a school
district with an enrollment of one hundred or fewer students to reorganize.
Was read the first time and referred to the Committee on Education.
HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real
estate, to appropriate the proceeds to the revolving economic development and initiative fund,
and to revise certain provisions relating to the sale of certain surplus property.
Was read the first time and referred to the Committee on Appropriations.
HB 1232: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real
estate, to provide for the deposit of the proceeds, and to revise certain provisions relating to the
sale of certain surplus property.
Was read the first time and referred to the Committee on Appropriations.
SB 126: FOR AN ACT ENTITLED, An Act to stabilize the funding of the state aid to
education formula for two years by appropriating money from the education enhancement trust
fund and borrowing money from certain school districts, to create the education stabilization
fund, and to prohibit school districts from imposing an excess tax levy for two years.
Was read the second time.
"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, provided, however, that for the distribution in
fiscal year 2012, an additional twenty million dollars shall be added to the amount otherwise
calculated by the state investment officer. 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
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. "
The question being "Shall SB 126 pass?"
And the roll being called:
Yeas 11, Nays 24, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Garnos; Hundstad; Johnston; Krebs; Lederman;
Sutton
Nays:
Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean);
Kraus; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle
So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.
SB 152: FOR AN ACT ENTITLED, An Act to require that any reduction in the general
fund levies of a school district only account for increases in the taxable valuation of property
and to revise the property tax levies for the general fund of a school district.
"Section 1. That § 13-13-72 be amended to read as follows:
13-13-72. It is the policy of the Legislature that the appropriation for the state aid to
education foundation program increase on an annual basis by the percentage increase in local
need on an aggregate statewide basis so that the relative proportion of local need paid by local
effort and state aid shall remain constant. For school fiscal year 2012, it is the policy of
Legislature that the relative proportion of the total local need paid by state aid shall be amended
by adjusting the proportion of state aid to fifty-three and eight-tenths percent of the total local
need. However, the increase in the per student allocation on an annual basis that exceeds three
percent shall be paid solely by the state and is not a factor in this policy.
Section 2. That subdivision (4) of § 13-13-10.1 be amended to read as follows:
Which request was supported.
The question being on Sen. Rhoden's motion that SB 152 be amended (152fc).
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
"Section 2.That § 13-13-72.1 be amended to read as follows:
13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local
effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in
which the adjustment is made. However, for fiscal year 2013 and each year thereafter, if the
levies specified in § 10-12-42 are not adjusted to maintain this relationship, the per student
allocation as defined in § 13-13-10.1(4) shall be reduced to maintain the relationship between
statewide local effort as a percentage of statewide local need. Any adjustment to the levy for
agricultural property shall be based upon the change in the statewide agricultural taxable
valuation and the reclassification of agricultural property to another property classification. Any
adjustment to the levies for nonagricultural property and owner-occupied single-family
dwellings shall be based upon the change in the statewide nonagricultural property and owner-occupied single-family dwellings taxable valuations. However, if any new project with a total
taxable valuation of one hundred fifty million dollars or more is constructed, the levies shall be
proportionately decreased for agricultural property, nonagricultural property, and owner-occupied single-family dwellings. In addition to the adjustments in the levies provided by this
section, the levies shall also be annually adjusted as necessary to reduce the portion of local
need paid by local effort by an amount equal to nine million dollars from those funds transferred
into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007. In
addition to the adjustments in the levies provided by this section, the levies for nonagricultural
property and owner-occupied single-family dwellings shall also be adjusted as necessary to
account for the additional increase in the total assessed value for nonagricultural property and
owner-occupied single-family dwellings pursuant to the phasing out and repeal of the provisions
provided in § 10-6-74. "
The question being "Shall SB 152 pass as amended?"
And the roll being called:
Yeas 28, Nays 7, Excused 0, Absent 0
Nays:
Brown; Buhl; Haverly; Heineman; Kraus; Novstrup (Al); Peters
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.
SB 133: FOR AN ACT ENTITLED, An Act to change the day of the month on which state
aid to general education payments are made to school districts, and to provide for the
redistribution of certain funds appropriated for state aid to education.
Was read the second time.
The question being "Shall SB 133 pass as amended?"
And the roll being called:
Yeas 26, Nays 9, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom);
Nygaard; Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tieszen; Vehle
Nays:
Brown; Haverly; Heineman; Kraus; Novstrup (Al); Olson (Russell); Peters; Rhoden; Tidemann
So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.
SB 141: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and
prosecution for certain alcohol consumption related offenses to persons who assist certain
persons in need of emergency assistance or who are themselves in need of emergency assistance.
Was read the second time.
The question being "Shall SB 141 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Nays:
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.
SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with
concussions resulting from participation in youth athletic activities.
Was read the second time.
"Section 6. That chapter 13-36 be amended by adding thereto a NEW SECTION to read
as follows:
The question being "Shall SB 149 pass as amended?"
And the roll being called:
Yeas 31, Nays 4, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Schlekeway;
Sutton; Tidemann; Tieszen; Vehle
Nays:
Maher; Nelson (Tom); Peters; Rhoden
SB 156: FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized
aliens, and to provide penalties therefor.
Was read the second time.
Sen. Olson moved the previous question.
Which motion prevailed.
The question being "Shall SB 156 pass as amended?"
And the roll being called:
Yeas 23, Nays 12, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Haverly; Heineman; Holien;
Johnston; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam;
Rampelberg; Rhoden; Schlekeway; Tieszen; Vehle
Nays:
Bradford; Buhl; Frerichs; Hansen (Tom); Hundstad; Hunhoff (Jean); Nelson (Tom); Nygaard;
Peters; Rave; Sutton; Tidemann
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.
SB 161: FOR AN ACT ENTITLED, An Act to prohibit certain unfair or discriminatory
practices based on veteran or military status.
Was read the second time.
The question being "Shall SB 161 pass as amended?"
And the roll being called:
Yeas 9, Nays 25, Excused 1, Absent 0
Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Hundstad; Peters; Sutton; Vehle
Excused:
Putnam
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
SB 164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
regulation of traffic on municipal streets.
Was read the second time.
The question being "Shall SB 164 pass as amended?"
And the roll being called:
Yeas 21, Nays 14, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Fryslie; Gray; Hansen (Tom); Haverly; Holien; Hunhoff
(Jean); Johnston; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters;
Rampelberg; Rhoden; Tidemann; Tieszen
Nays:
Bradford; Cutler; Frerichs; Garnos; Heineman; Hundstad; Kraus; Krebs; Maher; Putnam; Rave;
Schlekeway; Sutton; 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.
SB 172: FOR AN ACT ENTITLED, An Act to reduce the interest rate applied for certain
judgements, liens, and damages.
Was read the second time.
The question being "Shall SB 172 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Nays:
Garnos
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.
SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the
rights and duties of joint legal custodians.
Was read the second time.
The question being "Shall SB 178 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Peters
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.
SB 185: FOR AN ACT ENTITLED, An Act to revise the per student allocation for the
state aid to general education formula.
"Section 2. That § 13-13-72.1 be amended to read as follows:
13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local
effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in
which the adjustment is made. However, for fiscal year 2013 and each year thereafter, if the
levies specified in § 10-12-42 are not adjusted to maintain this relationship, the per student
allocation as defined in subdivision 13-13-10.1(4) shall be reduced to maintain the relationship
between statewide local effort as a percentage of statewide local need. Any adjustment to the
levy for agricultural property shall be based upon the change in the statewide agricultural
taxable valuation and the reclassification of agricultural property to another property
classification. Any adjustment to the levies for nonagricultural property and owner-occupied
single-family dwellings shall be based upon the change in the statewide nonagricultural property
and owner-occupied single-family dwellings taxable valuations. However, if any new project
with a total taxable valuation of one hundred fifty million dollars or more is constructed, the
levies shall be proportionately decreased for agricultural property, nonagricultural property, and
owner-occupied single-family dwellings. In addition to the adjustments in the levies provided
by this section, the levies shall also be annually adjusted as necessary to reduce the portion of
local need paid by local effort by an amount equal to nine million dollars from those funds
transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1,
2007. In addition to the adjustments in the levies provided by this section, the levies for
nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as
necessary to account for the additional increase in the total assessed value for nonagricultural
property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of
the provisions provided in § 10-6-74. "
The question being "Shall SB 185 pass as amended?"
And the roll being called:
Yeas 22, Nays 13, Excused 0, Absent 0
Yeas:
Bradford; Brown; Fryslie; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus;
Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Tidemann; Tieszen; Vehle
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for
fiscal year 2011.
Was read the second time.
The question being "Shall SB 190 pass as amended?"
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen
(Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs;
Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam;
Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; 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.
SB 191: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for the
sales tax on food refund program.
28-1-71. To be eligible for the sales tax on food refund program, a person shall:
28-1-73. To receive sales tax on food refunds pursuant to §§ 28-1-70 to 28-1-77, inclusive,
a household shall:
28-1-74. At the time in which a household has been accepted into the sales tax on food
refund program, the household is entitled to a quarterly refund of the estimated amount of sales
tax on food paid as determined in § 28-1-75.
Section 4. That § 28-1-75 be amended to read as follows:
28-1-75. The estimate of sales tax on food paid or refund awarded under this program shall
be determined based on:
Section 5. That § 28-1-76 be repealed.
28-1-76. If a household is a participant in the food stamp program administered by the
Department of Social Services under chapter 28-12 for any of the period in which a refund is
computed under § 28-1-75, those food stamp benefits shall be deducted from any refund
received under the provisions of §§ 28-1-70 to 28-1-77, inclusive.
Section 6. That § 28-1-77 be amended to read as follows:
28-1-77. The method of payment utilized to make payments authorized by §§ 28-1-70 to 28-1-77, inclusive, shall be made by electronic debit card or by paper warrant. "
The question being "Shall SB 191 pass as amended?"
And the roll being called:
Yeas 34, Nays 1, Excused 0, Absent 0
Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom);
Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman;
Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg;
Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle
Nays:
Bradford
So the bill having received an affirmative vote of a majority of the members-elect, the
President declared the bill passed.
Sen. Olson moved that HB 1002, 1041, 1044, 1045, 1070, 1118, 1133, and 1175 be
deferred to Thursday, February 24, the 27th legislative day.
Which motion prevailed.
SC 14 Introduced by: Senators Schlekeway, Heineman, and Johnston and Representatives
Steele, Hubbel, Wick, Willadsen, and Wink
The President publicly read the title to
SB 40: FOR AN ACT ENTITLED, An Act to provide that the uniform administration of
certain state taxes apply to the telecommunications gross receipts tax and to limit the application
of the uniform administration of certain state taxes.
HB 1057: FOR AN ACT ENTITLED, An Act to repeal the provision that requires the
county auditor to assist in locating unregistered mobile homes.
HB 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the
appointment of municipal officers.
And signed the same in the presence of the Senate.
Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at
6:22 p.m. the Senate adjourned.