Senate Journal 2/17/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 17, 2015

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

The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by Senate page Madeline Tyrell.

Roll Call: All members present except Sens. Greenfield (Brock), Peterson (Jim), and Soholt who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-first 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,

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

Mr. President and Members of the Senate:

I have the honor to inform you that on February 12, 2015, I approved Senate Bills 12, 19, 20, and 21, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

January 5, 2015

The Honorable Matt Michels
President of the Senate
500 E. Capitol
Pierre, SD 57501

RE: Krista Heeren-Graber/SD Interstate Compact for Adult Offender Supervision

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 24-16A-1 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Krista Heeren-Graber to the South Dakota Interstate Compact for Adult Offender Supervision.

Enclosed is a copy of the following:

    1. The Statement of Financial Interest
    2. Senate Confirmation Information
    3. Oath
    4. The December 5, 2014, letter of reappointment

This reappointment was effective June 24, 2014, and will expire June 23, 2017.

Sincerely,
Marty J. Jackley
ATTORNEY GENERAL

The President announced the referral of the reappointment to the Committee on Judiciary.

January 5, 2015

The Honorable Matt Michels
President of the Senate
500 E. Capitol
Pierre, SD 57501

RE: Myron L. Rau/ Board of Pardons and Paroles Attorney General Appointment

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Myron L. Rau to the South Dakota Board of Pardons and Paroles.

Enclosed is a copy of the following:

    1. The Statement of Financial Interest
    2. Senate Confirmation Information
    3. Oath
    4. The November 25, 2014, letter of appointment

This appointment is to fill the unexpired term of Keith Bonenberger who has resigned. This term will expire January 16, 2017.

Sincerely,
Marty J. Jackley
ATTORNEY GENERAL

The President announced the referral of the appointment to the Committee on Judiciary

February 4, 2015

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 1-44 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jeffery D. Burket, Lawrence County, Spearfish, South Dakota, to the South Dakota Railroad Board.

This appointment was effective July 1, 2014, and shall continue until October 30, 2017

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Transportation

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 14, 15, 34, 46, and 61 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 17, 2015.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1076, 1099, and 1119 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 SB 186 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That § 23-24-16 be amended to read as follows:

23-24-16. The arrest of a person may be lawfully made also by any peace officer or a private person, without a warrant upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or ~~imprisonment~~ incarceration for a term ~~exceeding~~ one year or greater, but when so arrested the accused must be taken before a judge or magistrate with all practicable speed and complaint must be made against ~~him~~ the accused under oath setting forth the ground for the arrest as in § 23-24-15; and thereafter ~~his~~ the accused's answer shall be heard as if he the accused had been arrested on a warrant. "

On page 1, line 1, of the printed bill, after "revise" insert "the procedure for".

And that as so amended said bill do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 177 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1178 and 1180 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 Commerce and Energy respectfully reports that it has had under consideration SB 165 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
R. Blake Curd, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 131 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the printed bill, delete lines 10 to 23, inclusive, and insert:

"Advisory Task Force. The task force consists of the following eight members:

(1) The speaker of the House of Representatives shall appoint two members of the House of Representatives, one from each political party;

(2) The president pro tempore of the Senate shall appoint two members of the Senate, one from each political party;

(3) The speaker of the House of Representatives shall appoint two members of the general public, one member to be an agricultural producer and one member to represent conservation districts; and

(4) The president pro tempore of the Senate shall appoint two members of the general public, one member to be an agricultural producer and one member to represent county government.

The task force shall select a chair and vice chair from its members.".

On page 4, line 10, after "feasible." insert "Municipalities of the first class may not be included in a district.".

On page 4, between lines 12 and 13 of the printed bill, insert:

"The task force shall work with the local governments in the Vermillion River Basin Natural Resource District to establish a pilot water management plan for the district that could be used as a guide for a water management plan in each of the remaining river basin natural resource districts.".

On page 4, line 15, after "census" insert "and not including the population of any municipality of the first class".

On page 5, delete lines 2 to 8, inclusive, and insert "determined by the task force based on the population and the geography of the district.".

On page 5, line 9, delete "next" and insert "2018".

On page 5, line 10, delete "following the effective date of this Act".

On page 5, delete lines 15 to 24, inclusive, and insert:

"Section 18. Five percent of the electors of a district may petition the district council to submit to an election the question of whether the district should become dormant. The election shall be conducted, canvassed, recounted, and contested as elections under the general laws of this state. No district may become dormant unless sixty percent or more of the votes cast are in favor of the district becoming dormant.".

Delete pages 6 to 12, inclusive

On page 1, line 2, of the printed bill, delete everything after "districts" and insert ".".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, delete "prompt and".

On page 1, delete line 10, and insert "mediation of drainage disputes. The parties to the mediation created under this Act shall be limited to the person or parties that own or administer real property impacted by the planned drainage or drainage dispute.".

On page 1, line 12, delete everything after "employ".

On page 1, line 13, delete everything before "agents" .

On page 1, line 14, delete "The director shall serve at the pleasure of the secretary of agriculture.".

On page 2, line 3, after "payments," insert "department notice requirements,".

On page 2, line 5, delete "drainage" and insert "farm".

On page 2, delete line 8, and insert "in the farm mediation operating fund. All money in the farm".

On page 2, line 9, delete "created by this section".

On page 2, line 10, delete everything after "." .

On page 2, delete lines 11 and 12, and insert "Any disbursements from the farm mediation operating fund".

On page 2, delete lines 17 to 22, inclusive, and insert "Section 5. The requesting party shall promptly provide to the Department of Agriculture, upon the agreement of at least two parties to enter into the mediation program created under this Act, a list of other parties to the drainage dispute and any property owner and any county, municipality, township, or any agency of state or federal government reasonably determined by the requesting party to be affected by the drainage activity. The Department of Agriculture shall send a mediation meeting notice to the identified parties, setting a time and place for an initial mediation meeting between the parties to the dispute and a mediator. This notice shall be in conjunction with a public notice of the mediation by the Department of Agriculture that shall be published once each week for two consecutive weeks in one of the official newspapers designated by the county or counties where the real property involved in the drainage dispute is located. The last publication shall be published before the initial mediation meeting. The unintentional failure to notify any party who may".

On page 3, line 6, delete "director".

On page 3, line 7, delete "of the drainage" and insert "Department of Agriculture".

On page 3, line 19, after "interests" delete "or".

On page 3, line 20, delete "the drainage".

And that as so amended said bill do pass.

Respectfully submitted,
Gary Cammack, Chair

MOTIONS AND RESOLUTIONS

SCR 5: A CONCURRENT RESOLUTION, Supporting a stronger South Dakota-China relationship.

Was read the second time.

Sen. Lederman moved that SCR 5 as found on page 368 of the Senate Journal be adopted.

The question being on Sen. Lederman's motion that SCR 5 be adopted.

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Lederman; Monroe; Novstrup (David); Omdahl; Parsley; Peters; Rampelberg; Rave; Rusch; Solano; Sutton; Tidemann; Tieszen; Vehle; White

Nays:
Jensen (Phil); Olson; Otten (Ernie); Van Gerpen

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

Sen. Rave moved that HJR 1001 and HB 1069 be placed to precede SB128 on today's calendar.

Which motion prevailed.

Sen. Rave moved that SB 192, 159, 91, and 92 be placed to follow 136 on today's calendar.

Which motion prevailed.

Sen. Rave moved that when we adjourn today, we adjourn to convene at 2:30 p.m. on Wednesday, February 18, the 23^rd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Rave moved that the report of the Joint Select Committee relative to making arrangements for a joint session to hear the message of the Canadian Consul General be adopted.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 109 as found on page 389 of the Senate Journal; also

Appropriations on SB 152 as found on page 389 of the Senate Journal; also

Appropriations on SB 174 as found on page 389 of the Senate Journal; also

Judiciary on SB 95 as found on page 388 of the Senate Journal be adopted.

Which motion prevailed.

The President declared that SB 130 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Roger P. Novotny of Stanley County, Ft. Pierre, South Dakota, to the S.D. Lottery Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Roger P. Novotny pursuant to the executive message as found on page 312 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rave; Rusch; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 182: FOR AN ACT ENTITLED, An Act to revise the rate of interest for late payment of certain taxes.

Was read the second time.

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

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding educational personnel certification and discipline.

Was read the second time.

The question being "Shall HB 1044 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1068: FOR AN ACT ENTITLED, An Act to revise when a court can grant a cross credit on child support.

Was read the second time.

The question being "Shall HB 1068 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation of public utilities.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the siting of energy facilities.

Was read the second time.

The question being "Shall HB 1038 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of insurance holding companies.

Was read the second time.

The question being "Shall HB 1052 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1084: FOR AN ACT ENTITLED, An Act to expand collateral eligible to be pledged as security for public deposits.

Was read the second time.

The question being "Shall HB 1084 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1088: FOR AN ACT ENTITLED, An Act to permit procurement of certain disability insurance from a non-admitted insurer.

Was read the second time.

The question being "Shall HB 1088 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1111: FOR AN ACT ENTITLED, An Act to increase the costs and expenses considered reasonable for the collection of certain dishonored checks.

Was read the second time.

The question being "Shall HB 1111 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of temporary permits by licensed dealers.

Was read the second time.

The question being "Shall HB 1132 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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

HJR 1001: A JOINT RESOLUTION, Making formal application to Congress to call an Article V convention of the states for the sole purpose of proposing a federal balanced budget amendment.

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

The question being "Shall HJR 1001 pass?"

And the roll being called:

Yeas 19, Nays 13, Excused 3, Absent 0

Yeas:
Brown; Cammack; Curd; Haggar (Jenna); Heineman (Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Omdahl; Otten (Ernie); Rampelberg; Rusch; Solano; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Haverly; Heinert; Hunhoff (Bernie); Olson; Parsley; Peters; Rave; Sutton; Tidemann

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 1069: FOR AN ACT ENTITLED, An Act to limit the authority of delegates to a limited Article V convention to vote for unauthorized amendments contrary to legislative instructions and to provide a civil fine for the violation thereof.

Was read the second time.

The question being "Shall HB 1069 pass as amended?"

And the roll being called:

Yeas 21, Nays 11, Excused 3, Absent 0

Yeas:
Brown; Cammack; Curd; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Omdahl; Otten (Ernie); Rampelberg; Rave; Rusch; Solano; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Heinert; Hunhoff (Bernie); Olson; Parsley; Peters; Sutton; Tidemann

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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

SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the general requirements that vehicle owners must satisfy before applying for military plates.

Was read the second time.

The question being "Shall SB 128 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 90: FOR AN ACT ENTITLED, An Act to require school districts to provide veterans a preference in employment.

Was read the second time.

The question being "Shall SB 90 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 124: FOR AN ACT ENTITLED, An Act to revise the requirements for a petition for a minor boundary change.

Was read the second time.

The question being "Shall SB 124 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 170: FOR AN ACT ENTITLED, An Act to increase legislator salary.

Was read the second time.

The question being "Shall SB 170 pass?"

And the roll being called:

Yeas 21, Nays 11, Excused 3, Absent 0

Yeas:
Buhl O'Donnell; Cammack; Curd; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Lederman; Novstrup (David); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rusch; Tidemann; Tieszen; Vehle; White

Nays:
Bradford; Brown; Ewing; Heinert; Hunhoff (Bernie); Monroe; Olson; Parsley; Solano; Sutton; Van Gerpen

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 173: 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 revise the state water plan, to increase the authority of the South Dakota Board of Water and Natural Resources to make consolidated water facilities construction program awards, and to declare an emergency.

Was read the second time.

The question being "Shall SB 173 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 178: FOR AN ACT ENTITLED, An Act to revise certain programs and authorize certain projects in the Unified Judicial System and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 178 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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 179: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to record search fees in the Unified Judicial System.

Was read the second time.

The question being "Shall SB 179 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Rave; Rusch; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
Greenfield (Brock); Peterson (Jim); Rampelberg; Soholt

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 183: FOR AN ACT ENTITLED, An Act to revise the voting requirements regarding the issuance of bonds by public bodies and capital outlay certificates by school districts.

Was read the second time.

The question being "Shall SB 183 pass?"

And the roll being called:

Yeas 10, Nays 22, Excused 3, Absent 0

Yeas:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Rampelberg; Rusch; Sutton; Tieszen

Nays:
Brown; Cammack; Curd; Ewing; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Rave; Solano; Tidemann; Van Gerpen; Vehle; White

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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

SB 136: FOR AN ACT ENTITLED, An Act to exclude certain municipal taxes from the gross receipts used to determine the tax liability for customers served by electric cooperatives.

Was read the second time.

Sen. Brown moved that SB 136 be amended as follows:

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

"Section 1. That § 49-34A-45 be amended to read as follows:

49-34A-45. A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed two percent of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be two percent of the total gross revenue

collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may, but is not required to be, passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52.

Section 2. That § 49-34A-46 be amended to read as follows:

49-34A-46. Any electric utility with facilities within the boundaries of a municipality, as they exist from time to time, which has a municipally owned electric system serving over fifty percent of the customers in the municipality, may, at the option of the municipality, pay to the municipality an amount to be agreed upon by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be four percent of the total gross revenue collected by the electric supplier from the sale of power delivered to structures and electric service outlets situated within the municipality during the year for which the amount is paid. The tax imposed by a municipality pursuant to this section may, but is not required to be, passed on to the purchaser. Any revenue received by the rural electric utility from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52.

Section 3. That § 10-45-1.19 be amended to read as follows:

10-45-1.19. Notwithstanding any other provision of law, gross receipts as defined in this chapter do not include any tax imposed by this chapter and chapters 10-45D, 10-52, and 10-52A, and §§ 49-34A-45 and 49-34A-46 that is separately stated on the invoice, bill of sale, or similar document given to the purchaser."

Which motion prevailed.

The question being "Shall SB 136 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Greenfield (Brock); Peterson (Jim); Soholt

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

Sen. Rave moved that SB 192, 159, 91, and 92 and HB 1130, 1085, 1055, 1058, 1059, 1063, 1043, 1057, 1051, and 1013 be placed on the calendar of Wednesday, February 18, the 23^rd legislative day.

Which motion prevailed and SB 192, 159, 91, and 92 and HB 1130, 1085, 1055, 1058, 1059, 1063, 1043, 1057, 1051, and 1013 were so placed.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to establish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

HB 1006: FOR AN ACT ENTITLED, An Act to allow bullheads to be used as bait.

HB 1033: FOR AN ACT ENTITLED, An Act to repeal the South Dakota Energy Infrastructure Authority.

HB 1034: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Wind Energy Competitive Advisory Task Force.

HB 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation of grain buyers and grain warehouses.

HB 1040: FOR AN ACT ENTITLED, An Act to revise the statute of frauds within the uniform commercial code with respect to the sale of pulse crops.

HB 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Department of Agriculture.

And signed the same in the presence of the Senate.

Sen. Otten (Ernie) moved that the Senate do now adjourn, which motion prevailed and at 4:01 p.m. the Senate adjourned.

Kay Johnson, Secretary