Senate Journal 2/11/2008 02:00 PM

The President introduced the 2007 South Dakota 4-H Rodeo Ambassador, Courtney Peterson, to the body.

HONORED GUESTS

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

1037jb

On page 1, line 13, of the House engrossed bill, delete "condition" and insert "injury".

1037jta

On page 1, line 2, of the House engrossed bill, delete "a" and insert "an".

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1031 and 1036 which were tabled.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1035 which was deferred to the 36^th Legislative Day.

The Committee on Local Government respectfully reports that it has had under consideration HB 1174 and 1321 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Kenneth Albers, Chair

On page 2, after line 5 of the House Appropriations Committee engrossed bill, insert:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1067, 1068, which was reconsidered, 1081, and 1082 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1080 and returns the same with the recommendation that said bill be amended as follows:

1080mb

"Section 4. No general fund dollars may be used for the maintenance and repair of the facilities authorized by this Act."

On page 2, after line 5 of the House Appropriations Committee engrossed bill, insert:

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

1083mc

"Section 4. No general fund dollars may be used for the maintenance and repair of the facilities authorized by this Act."

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 136 which was tabled.

Respectfully submitted,
Thomas A. Dempster, Vice Chair

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1078 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Taxation respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill do pass.

The Committee on Taxation respectfully reports that it has had under consideration HB 1181 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Taxation respectfully reports that it has had under consideration SB 110, which was reconsidered, and HB 1169 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

The Committee on State Affairs respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill do pass.

The Committee on State Affairs respectfully reports that it has had under consideration SJR 1 and returns the same with the recommendation that said resolution be amended as follows:

sjr1ja

On page 1, line 5, of the printed resolution, delete "amendment" and insert "amendments".

On page 1, line 6, delete ", section 6" and insert "and Article IV".

On page 1, line 6, delete "section 2" and insert "sections 2 and 3".

On page 2, after line 11, insert:

"Section 3. That Article IV, section 7 of the Constitution of the State of South Dakota, be amended to read as follows:

§ 7. There shall be chosen by the qualified electors of the state at the general election of the Governor and every four years thereafter the following constitutional officers: attorney general, secretary of state, auditor, treasurer, and commissioner of school and public lands, who shall severally hold their offices for a term of four years. Commencing with the 1992 general election, no person may be elected to more than two consecutive terms as attorney general, secretary of state, auditor, treasurer, or commissioner of school and public lands. "

Sjr1jta

On page 1, line 1, of the printed resolution, delete "legislative".

On page 1, line 2, after "limits" insert "for legislators and constitutional officers".

And that as so amended said resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill be amended as follows:

4oa

On page 10 of the printed bill, delete lines 11 to 24, inclusive, and insert:

"Section 7. That § 12-27-17 be amended to read as follows:

12-27-17. Any person, political committee, political party, or organization that makes a payment or promise of payment totaling one thousand dollars or more for a communication that clearly identifies a candidate ~~or public office holder~~ , but does not expressly advocate the election or defeat of the candidate ~~or public office holder~~ , and that is disseminated, broadcast, or otherwise published within sixty days of an election, shall file a statement with the secretary of state disclosing the name, street address, city, and state of such person, political committee, political party, or organization. The statement shall also include the name of the candidate ~~or public office holder~~ mentioned in the communication, the amount spent on the communication, and a description of the content of the communication. The statement shall be received and filed within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.

For the purposes of this section, the term, communication, does not include:

(1) Any news articles, editorial endorsements, opinion or commentary writings, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, political committee, or political party;

(2) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate, political committee, or political party;

(3) Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families; and

(4) Any communication that refers to any candidate only as part of the popular name of a bill or statute. "

On page 11, delete lines 1 to 9, inclusive.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 106 and 196 and HB 1261 which were deferred to the 36^th Legislative Day.

On page 1, line 8, of the printed bill, delete " may " and insert " shall ".

The Committee on Judiciary respectfully reports that it has had under consideration HB 1088 and 1135 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1092, 1111, 1122, 1134, and 1137 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 Judiciary respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill be amended as follows:

1097ra

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

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Lynnette B. Eiseman of Lawrence County, Deadwood, South Dakota, to the Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1132 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1004 which has been adopted by the House and your concurrence is respectfully requested.

I have the honor to transmit herewith HB 1115, 1120, 1139, 1146, 1210, 1219, 1226, 1227, 1259 and HJR 1001 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that HCR 1002 and 1003 be deferred to Tuesday, February 12, the 22^nd legislative day.

Sen. Heidepriem moved that the Committee on State Affairs be instructed to deliver SB 106 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Nesselhuf moved that the Committee on State Affairs be instructed to deliver SB 196 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

SCR 9 Introduced by: Senators Katus, Albers, Hanson (Gary), Heidepriem, Hoerth, Jerstad, Kloucek, Nesselhuf, Olson (Ed), Peterson (Jim), Sutton, and Turbak Berry and Representatives Ahlers, Burg, Dennert, Feinstein, Gassman, Sigdestad, and Thompson

A CONCURRENT RESOLUTION, Urging the use of market-driven upstream carbon offset programs in the development of regional carbon trading systems.

WHEREAS, climate change is one of the major challenges of the 21st century, having significant negative global environmental, economic, and social repercussions. Meeting governments' obligations on climate change will require a range of strategies, including incentives, flexible market-based approaches, and legal requirements; and

WHEREAS, several states have established carbon dioxide reduction targets, either by executive order or statute, and formed climate task forces to advise on policies and strategies for meeting such targets; and

WHEREAS, further targets need to be set soon in order to provide investment certainty for low-carbon energy sources, low greenhouse-gas emitting technologies, and renewable energy, and to avoid investing in incompatible energy infrastructure; and

WHEREAS, South Dakota and the Midwest region can draw on the most effective aspects of other jurisdictions' experiences in crafting a coordinated, regional approach to the limiting of greenhouse gas emissions that takes advantage of our region's strengths and is environmentally effective, fair, and cost efficient; and

WHEREAS, it is important to differentiate between the advantages and disadvantages of cap and trade emissions systems, which have been proposed or adopted by many government jurisdictions, and upstream carbon offset programs (UCOP), which may provide significant economic and organizational advantages in comparison with cap and trade systems; and

WHEREAS, a cap and trade system establishes a cap on overall carbon emissions, usually expressed as a one-time percentage reduction to be achieved in a specified time period, often five years, with emission allowance allocations either distributed free to large emitters or auctioned out by the state; and

WHEREAS, the cap and trade system is often subject to severe price distortions because of the difficulty of properly assigning emission allowance allocations, particularly in changing economic conditions over longer time periods. Cap and trade systems also involve complex planning and organizational challenges that can be avoided or minimized by market-driven approaches; and

WHEREAS, an upstream carbon offset program (UCOP) is a market-driven method that sets an annual emission reduction target based on predictions of economic activity one year into the future. UCOP projections are more precise than the five-year predictions under cap and trade systems, and UCOP does not use the allowance allocations associated with cap and trade systems; and

WHEREAS, a UCOP system is flexible and fully market-based, with the state playing policy-setting, regulatory, and oversight roles, rather than the more cumbersome and bureaucratic requirements necessary for the implementation of a cap and trade system; and

WHEREAS, a UCOP system would allow South Dakota to institute a more efficient and flexible program than the cap and trade systems found in other jurisdictions and would ensure that investments that generate emission reductions would be made in South Dakota, rather than in other states. UCOP could benefit South Dakota's economy and boost the state's technology development; and

WHEREAS, moving beyond the fossil fuel-based economy represents a historic economic opportunity. Cost-effectiveness and flexibility should be characteristics of all measures considered, with the eventual long-term goal being the development of a functioning global carbon market. South Dakota can play a significant role in these developments, both in our state and in our region:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the development of a system for the reduction of carbon emissions and greenhouse gases through the use of market-based carbon trading models, including upstream carbon offset programs rather than cap and trade systems; and

BE IT FURTHER RESOLVED, that the Legislature urges the State of South Dakota, the governments of surrounding states, and the Midwest Governor's Association to consider the implementation of upstream carbon trading programs in their efforts to reduce carbon greenhouse gas emissions.

Was read the first time and referred to the Committee on State Affairs.

SCR 10 Introduced by: Senators Gant, Abdallah, Albers, Dempster, Duenwald, Hansen (Tom), Hauge, Heidepriem, Hoerth, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Koetzle, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Smidt (Orville), Sutton, and Turbak Berry and Representatives Wick, Ahlers, Boomgarden, Burg, Cutler, Dykstra, Engels, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Heineman, Hills, Howie, Hunt, Jerke, Kirkeby, Koistinen, Krebs, Lust, Miles, Novstrup (Al), Olson (Betty),

Olson (Russell), Peters, Pitts, Rave, Sigdestad, Steele, Thompson, Van Etten, Vanneman, Weems, and Willadsen

A CONCURRENT RESOLUTION, Urging the Congress and the President of the United States to restore funding for the Lewis & Clark Regional Water System.

WHEREAS, President Bush's FY 2009 budget proposes to eliminate all funding for the Lewis & Clark Regional Water System; and

WHEREAS, the Lewis & Clark Regional Water System is a critically needed project that is to improve the quality of life for over 300,000 people by providing quality and plentiful drinking water and by expanding the opportunity for economic development; and

WHEREAS, to date, twenty cities and rural water systems have paid over 98.6 percent of their share of the project, totaling $106.5 million; and

WHEREAS, the three states participating in the project have either paid in full their share, as in the case of Iowa and Minnesota, or accelerated the funding for the project, as South Dakota has proposed; and

WHEREAS, to date, South Dakota has paid $12.9 million for the project, not including the $6.4 million proposed this year; and

WHEREAS, state and local participants have shown their strong support by prepaying or accelerating their payments and will have prepaid its remaining share by 2010; and

WHEREAS, continued funding from the federal government is critical for the timely and successful completion of the project; and

WHEREAS, approximately eighty percent of the Lewis & Clark Regional Water System funding is from the federal government:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the members of the South Dakota, Minnesota, and Iowa Congressional delegations to do whatever is possible in securing at least $26.5 million, which was the amount Congress enacted for FY 2008, or more.

Was read the first time, the President waived the referral to committee, and placed SCR 10 on the calendar of Tuesday, February 12, the 22^nd legislative day.

SCR 11 Introduced by: Senators Smidt (Orville), Apa, Dempster, Knudson, Lintz, Napoli, and Schmidt (Dennis) and Representatives Tidemann, Cutler, Dykstra, Feinstein, Glenski, Lust, Pitts, Van Etten, Weems, and Wick

A CONCURRENT RESOLUTION, Commending youth mentoring programs across the state.

WHEREAS, mentoring is a powerful tool for helping children succeed in life. With the help and guidance of an adult mentor, a child can discover how to achieve his or her potential; and

WHEREAS, youth mentoring programs pursue high standards, matching mentor and child, based on shared interests, age preference, and any other factor that may enhance the relationship between the mentor and child; and

WHEREAS, the benefits of youth mentoring programs are endless, providing a child with a dependable figure that can offer emotional support as well as teach a child important life skills resulting in the reversal of the often discouraging tide of disintegrating values that seem to surround us; and

WHEREAS, there are exemplary mentoring programs in the state that conduct background checks on, and require references for, all volunteers and invest a significant amount of time training mentors. These programs include Lutheran Social Services of South Dakota School- based Mentoring, Sioux Falls; Big Brothers Big Sisters of the Glacial Lakes Region, Watertown; Big Brothers Big Sisters of the Sioux Empire, Sioux Falls; Big Brothers Big Sisters of the Black Hills, Rapid City; and Brookings County Youth Mentoring Program, Brookings:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the youth mentoring programs across the state be commended for the guidance and support they provide, enabling children to reach their full potential as contributing adults in their communities.

Was read the first time, the President waived the referral to committee, and placed SCR 11 on the calendar of Tuesday, February 12, the 22^nd legislative day.

HCR 1004: A CONCURRENT RESOLUTION, Encouraging the use of sunscreen and discouraging young persons from using tanning devices.

Was read the first time, the President waived the referral to committee, and placed HCR 1004 on the calendar of Tuesday, February 12, the 22^nd legislative day.

CONSIDERATION OF REPORTS OF COMMITTEE

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

Appropriations on SB 181 as found on page 373 of the Senate Journal ; also

Appropriations on SB 192 as found on page 374 of the Senate Journal ; also

Appropriations on SB 201 as found on page 375 of the Senate Journal be adopted.

Sen. Kloucek moved that the words "without recommendation" be stricken from the report of the Committee on Agriculture and Natural Resources on SB 138, as found on page 376 of the Senate Journal, and that the words "with the recommendation that said bill, as amended, do pass" be inserted, and that SB 138 be placed on the calendar of Tuesday, February 12, the 22^nd legislative day.

The question being on Sen. Kloucek's motion that the words "without recommendation" be stricken from the report of the Committee on Agriculture and Natural Resources on SB 138, as found on page 376 of the Senate Journal, and that the words "with the recommendation that said bill, as amended, do pass" be inserted, and that the bill be placed on the calendar of Tuesday, February 12, the 22^nd legislative day.

And the roll being called:

Yeas 16, Nays 17, Excused 2, Absent 0

Yeas:
Bartling; Gray; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Garnos; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

Excused:
Gant; Lintz

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1115: FOR AN ACT ENTITLED, An Act to continue to appropriate funds to provide cochlear implants to certain children.

Was read the first time and referred to the Committee on Appropriations.

HB 1120: 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 Taxation.

HB 1139: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

Was read the first time and referred to the Committee on Commerce.

HB 1146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding subsequent administration of an estate.

Was read the first time and referred to the Committee on Judiciary.

HB 1210: FOR AN ACT ENTITLED, An Act to prohibit recyclers, scrap metal dealers, or scrap yard operators from purchasing certain beer kegs.

Was read the first time and referred to the Committee on Commerce.

HB 1219: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Education for the payment of bonds at the technical institutes.

Was read the first time and referred to the Committee on Appropriations.

HB 1226: FOR AN ACT ENTITLED, An Act to provide funds to the postsecondary technical institutes.

Was read the first time and referred to the Committee on Appropriations.

HB 1227: FOR AN ACT ENTITLED, An Act to appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

Was read the first time and referred to the Committee on Appropriations.

HB 1259: FOR AN ACT ENTITLED, An Act to make an appropriation for the detection and prevention of Hantavirus Pulmonary Syndrome.

Was read the first time and referred to the Committee on Health and Human Services.

HJR 1001: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain provisions of the State Constitution relating to corporations.

Was read the first time and referred to the Committee on Commerce.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Heidepriem requested that HB 1044 be removed from the Consent Calendar.

Pursuant to Senate Rule 6-1, the President removed HB 1112 from the Consent Calendar.

HB 1186: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the opportunity scholarship by allowing a student to take the ACT or SAT test after graduating from high school.

The question being "Shall HB 1186 pass as amended?"

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

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

HB 1312: FOR AN ACT ENTITLED, An Act to change the South Dakota virtual high school to the South Dakota virtual school.

The question being "Shall HB 1312 pass?"

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gant; Lintz

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 SENATE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that SB 143 and 174 be deferred to Tuesday, February 12, the 22^nd legislative day.

SB 172: FOR AN ACT ENTITLED, An Act to appropriate money to the Department of Public Safety to fund the South Dakota Highway Patrol.

Sen. Abdallah moved that SB 172 be further amended as follows:

172ja

On page 1, line 4, of the Senate Appropriations committee engrossed bill, delete "one million four" and insert "two million dollars ($ 2,000,000 )".

On page 1, line 5, delete everything before "to".

Sen. Koetzle requested a roll call vote.

Which request was supported.

The question being on Sen. Abdallah's motion that SB 172 be further amended.

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

Yeas:
Abdallah; Bartling; Dempster; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry; Two Bulls

Nays:
Albers; Apa; Duenwald; Greenfield; Hunhoff; Smidt (Orville)

Excused:
Gant; Lintz

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

The question being "Shall SB 172 pass as amended?"

Yeas 31, Nays 2, Excused 2, Absent 0

Yeas:
Abdallah; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Albers; Apa

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 100: FOR AN ACT ENTITLED, An Act to revise the definition of certain public entities that are prohibited from making political campaign contributions.

The question being "Shall SB 100 pass as amended?"

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Abdallah; Gant; Lintz

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 153: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter the Midwestern Regional Higher Education Compact and to provide for the appointment of resident members to the Midwestern Regional Higher Education Commission.

Sen. Ed Olson moved that SB 153 be amended as follows:

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On page 8, after line 17 of the printed bill, insert:

"Section 3. The Governor is hereby authorized and directed to enter the Western Regional Education Compact on behalf of the State of South Dakota with all other states legally joining therein in substantially the following form:

WESTERN REGIONAL EDUCATION COMPACT

Entered into by and between the States and Territories signatory hereto, to provide acceptable and efficient educational facilities to meet the needs of the Western Region of the United States of America.

ARTICLE I

Whereas, the future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

Whereas, many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

Whereas, it is believed that the Western States, or groups of such states within the Region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the Region and of the students thereof:

Now, therefore, the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, and the Territories of Alaska and Hawaii do hereby Covenant and agree as follows:

ARTICLE II

Each of the compacting states and territories pledges to each of the other compacting states and territories faithful cooperation in carrying out all the purposes of this Compact.

ARTICLE III

The compacting states and territories hereby create the Western Interstate Commission for Higher Education, hereinafter called the Commission. Said Commission shall be a body corporate of each compacting state and territory and an agency thereof. The Commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states and territories.

ARTICLE IV

The Commission shall consist of three resident members from each compacting state or territory. At all times one Commissioner from each compacting state or territory shall be an educator engaged in the field of higher education in the state or territory from which he is appointed.

The Commissioners from each state and territory shall be appointed by the Governor thereof as provided by law in such state or territory. Any Commissioner may be removed or suspended from office as provided by the law of the state or territory from which he shall have been appointed.

The terms of each Commissioner shall be four years: Provided, however, that the first three Commissioners shall be appointed as follows; one for two years, one for three years, and one for four years. Each Commissioner shall hold office until his successor shall be appointed and qualified. If any office becomes vacant for any reason, the Governor shall appoint a Commissioner to fill the office for the remainder of the unexpired term.

ARTICLE V

Any business transacted at any meeting of the Commission must be by affirmative vote of a majority of the whole number of compacting states and territories.

One or more Commissioners from a majority of the compacting states and territories shall constitute a quorum for the transaction of business.

Each compacting state and territory represented at any meeting of the Commission is entitled to one vote.

ARTICLE VI

The Commission shall elect from its number a chairman and a vice chairman and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this Compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

The Commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the Commission.

ARTICLE VII

The Commission shall adopt a seal and by-laws and shall adopt and promulgate rules and regulations for its management and control.

The Commission may elect such committees as it deems necessary for the carrying out of its functions.

The Commission shall establish and maintain an office within one of the compacting states for the transactions of its business and may meet at any time, but in any event must meet at least once a year. The Chairman may call such additional meetings and upon the request of a majority of the Commissioners of three or more compacting states or territories shall call additional meetings.

The Commission shall submit a budget to the Governor of each compacting state and territory at such time and for such period as may be required.

The Commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the Region.

On or before the fifteenth day of January of each year, the Commission shall submit to the Governors and Legislatures of the compacting states and territories a report of its activities for the preceding calendar year.

The Commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the Governor of any compacting state or territory or his designated representative. The Commission shall not be subject to audit and accounting procedure of any of the compacting states or territories. The Commission shall provide for an independent annual audit.

ARTICLE VIII

It shall be the duty of the Commission to enter into such contractual agreements with any institutions in the Region offering graduate or professional education and with any of the compacting states or territories as may be required in the judgment of the Commission to provide adequate services and facilities of graduate and professional education for the citizens

of the respective compacting states or territories. The Commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

For this purpose the Commission may enter into contractual agreements:

(a) With the governing authority of any educational institution in the Region, or with any compacting state or territory, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

(b) With the governing authority of any educational institution in the Region or with any compacting state of territory to assist in the placement of graduate or professional students in educational institutions in the Region providing the desired services and facilities, upon such terms and conditions as the Commission may prescribe.

It shall be the duty of the Commission to undertake studies of needs for professional and graduate educational facilities in the Region, the resources for meeting such needs, and the long-range effects of the Compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors' Conference and to the legislatures of the compacting states and territories. In conducting such studies, the Commission may confer with any national or regional planning body which may be established.

The Commission shall draft and recommend to the Governors of the various compacting states and territories, uniform legislation dealing with problems of higher education in the Region.

For the purposes of this Compact the word "Region" shall be construed to mean the geographical limits of the several compacting states and territories.

ARTICLE IX

The operating costs of the Commission shall be apportioned equally among the compacting states and territories.

ARTICLE X

This Compact shall become operative and binding immediately as to those states and territories adopting it whenever five or more of the states or territories of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska and Hawaii have duly adopted it prior to July 1, 1953. This Compact shall become effective as to any additional states or territories adopting thereafter at the time of such adoption.

ARTICLE XI

This Compact may be terminated at any time by consent of a majority of the compacting states and territories. Consent shall be manifested by passage and signature in the usual manner

of legislation expressing such consent by the legislature and Governor of such terminating state. Any state of territory may at any time withdraw from this Compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the Governor of the withdrawing state or territory accompanied by a certified copy of requisite legislative action is received by the Commission. Such withdrawal shall not relieve the withdrawing state or territory from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state or territory may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state or territory may be reinstated by application to and the approval by a majority vote of the Commission.

ARTICLE XII

If any compacting state or territory shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this Compact, all rights, privileges and benefits conferred by this Compact or agreements hereunder shall be suspended from the effective date of such default as fixed by the Commission.

Unless such default shall be remedied within a period of two years following the effective date of such default, this Compact may be terminated with respect to such defaulting state or territory by affirmative vote of three-fourths of the other member states or territories.

Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the Commission.

Section 4. The Governor shall appoint three commissioners to represent the State of South Dakota on the Western Interstate Commission for Higher Education, including at least one commissioner who is an educator engaged in the field of higher education in the state.

The commissioners shall each serve a term of four years, except that the first three commissioners shall serve as follows: one for two years, one for three years, and one for four years.

The Governor may remove any appointed commissioner for cause, after a hearing prior to the expiration of the commissioner's term."

The question being "Shall SB 153 pass as amended?"

Yeas 30, Nays 3, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Apa; McNenny; Schmidt (Dennis)

Excused:
Gant; Lintz

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

The question being on the title.

153ctb

Sen. Ed Olson moved that the title to SB 153 be amended as follows:

On page 1, line 2, of the printed bill, after "and" insert "the Western Regional Education Compact, and".

On page 1, line 2, delete everything after "members to" and insert "both commissions".

On page 1, delete line 3.

SB 182: FOR AN ACT ENTITLED, An Act to expand the disclosure of inpatient hospital charges and to provide for the development of a system for the disclosure of charges for outpatient procedures.

The question being "Shall SB 182 pass as amended?"

Yeas 31, Nays 1, Excused 3, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Greenfield

Excused:
Gant; Lintz; McNenny

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 186: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records.

The question being "Shall SB 186 pass as amended?"

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Duenwald; Gant; Lintz

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 189: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public records and the accessibility of public records.

Sen. Turbak Berry moved that SB 189 be further amended as follows:

189rb

On page 2, line 15, of the Senate State Affairs Committee engrossed bill, after "." insert " Private use of information contained within an original list, when value is added, does not constitute redistribution. "

On page 3, line 5, after " 1-27-9 " insert " , unless such information is otherwise made public by state law, including chapter 15-15A or § 1-26-21 ".

On page 3, delete lines 9 to 13, inclusive, and insert:

"(7) Internal records of a public entity produced in the routine process of work, including but not limited to preliminary working drafts, internal memoranda and communications, and telephone messages and other ephemeral notes and records, unless such records constitute a completed state or federal audit, a final policy of or determination by the public entity, final instructions to staff directly affecting the public, or a final statistical or factual tabulation, or are otherwise public under state law;".

On page 3, line 16, delete " an agency's " and insert " a public entity's ".

On page 3, delete lines 18 to 20, inclusive, and insert:

"(10) Records received from a private entity regarding potential or existing investment of funds by a public entity, investment strategy by a public entity, or research conducted for a public entity for purposes of investing funds."

On page 4, line 1, delete everything after "1-27-9." And insert " ~~As used in § § 1-27-9 to 1-27-18, inclusive~~ Except as otherwise provided, terms used in this chapter mean: ".

On page 4, line 9, after "official" insert " governmental ".

On page 4, line 15, delete everything after "government" and insert ";".

On page 4, delete lines 16 to 22, inclusive.

On page 5, delete line 5, and insert:

"(5) "Public entity," the State of South Dakota, municipalities, counties, school districts, townships, and any other local governmental entity exercising any part of the sovereign power of the state, and any agency, officer, board, office, bureau, division, commission, council, or other person or entity performing any governmental function for the state or for any local governmental entity exercising any part of the sovereign power of the state. The term does not include the Unified Judicial System;".

On page 5, line 14, delete everything after " data " and insert " that tends to establish the particular identity of a natural person, including but not limited to the person's name, address, social security number, driver's license number, date of birth, medical records, financial account numbers, and credit, debit or electronic funds transfer card numbers; ".

On page 5, delete lines 15 to 18, inclusive.

On page 5, line 19, after " person " insert " or private entity ".

On page 5, line 21, after " person " insert " or private entity ".

On page 5, line 22, delete everything after " theft " and insert " ; ".

On page 5, delete lines 23 and 24.

On page 6, line 1, delete " data," information " and insert " information," data ".

On page 6, line 22, delete everything after " any " insert " information on pricing, costs, revenue, taxes, market share, customers and personnel developed by a public entity and used for that entity's business purposes; ".

On page 6, delete line 23.

On page 6, line 24, delete " an agency " and insert " a public entity ".

On page 7, delete lines 2 to 8, inclusive and insert:

"(14) "Work product record," any record of an attorney or other representative of a public entity that concerns an anticipated or pending contested case, litigation, or other dispute involving the public entity and reveals the mental impressions, conclusions, opinions, or legal theories of the attorney or other representative of the public entity;".

On page 7, line 9, delete " (16) " and insert " (15) ".

On page 7, line 9, delete " agency record " and insert " record of a public entity ".

On page 7, line 12, delete " agency ".

On page 7, line 13, delete " (17) " and insert " (16) ".

On page 7, line 14, delete " an agency " and insert " a public entity ".

On page 7, line 20, delete " (18) " and insert " (17) ".

On page 7, delete lines 21 to 24, inclusive.

On page 8, delete lines 1 to 5, inclusive.

On page 8, line 6, delete " (20) " and insert " (18) ".

On page 8, line 6, delete everything after " public entity " and insert " ; ".

On page 8, delete lines 7 to 10, inclusive.

On page 8, line 11, delete " (22) " and insert " (19) ".

On page 9, line 3, delete "agency" and insert "public entity".

On page 9, line 4, delete "agency" and insert "public entity".

On page 9, line 8, delete "agency" and insert "public entity".

On page 9, line 11, delete "agency" and insert "public entity".

On page 9, line 16, delete "agency" and insert "public entity".

On page 9, delete lines 19 and 20.

On page 9, line 21, delete "(3)" and insert "(2)".

On page 9, line 22, delete "9" and insert "7".

On page 9, line 22, delete "work location" and insert "employee's work location and job title".

On page 9, delete line 24.

On page 10, delete lines 1 to 5, inclusive.

On page 10, line 6, delete "(6)" and insert "(3)".

On page 10, line 12, delete "agency" and insert "public entity".

On page 10, line 13, delete "(7)" and insert "(4)".

On page 10, delete lines 15 to 22, inclusive.

On page 10, line 23, delete "(10)" and insert "(5)".

On page 10, line 23, after "any" delete "regulatory".

On page 11, line 6, delete "agencies" and insert "public entities".

On page 11, delete lines 14 to 21, inclusive.

On page 11, line 24, delete "records" and insert "a record".

On page 12, line 1, delete "that" and insert ", provided that the confidential information".

On page 12, line 3, delete "agency" and insert "public entity".

The question being "Shall SB 189 pass as amended?"

Yeas 18, Nays 15, Excused 2, Absent 0

Yeas:
Abdallah; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Nays:
Albers; Apa; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

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 1062: FOR AN ACT ENTITLED, An Act to include officers of the National Park Service in the definition of a federal law enforcement officer.

The question being "Shall HB 1062 pass?"

Yeas 30, Nays 2, Excused 3, Absent 0

Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Greenfield; Napoli

Excused:
Apa; Gant; Lintz

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 1064: FOR AN ACT ENTITLED, An Act to revise the crime of aggravated incest.

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

1064ra

Sen. Turbak Berry moved that HB 1064 be amended as follows:

On page 1, line 9, of the printed bill, remove the overstrikes from " or ".

On page 1, line 11, delete " or ".

On page 1, delete line 12.

The question being "Shall HB 1064 pass as amended?"

Yeas 33, Nays 0, Excused 2, Absent 0

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

HB 1070: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

The question being "Shall HB 1070 pass?"

HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the permissible costs payable from the fire suppression special revenue fund.

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gant; Lintz

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.

The question being "Shall HB 1071 pass?"

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Gant; Lintz; Nesselhuf

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 1144: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the purchase of motorcycles for use in the motorcycle safety training courses, and to declare an emergency.

The question being "Shall HB 1144 pass?"

HB 1180: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gant; Lintz

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.

The question being "Shall HB 1180 pass?"

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Nays:
Napoli