Senate Journal 2/20/2009 01:00 PM

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

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.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 Introduced by: Senators Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup, Al; Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-fourth Legislature of the State of South Dakota to Lauren Albers, Mitchell Aman, Theresa Flahaven, Audra Hewitt, Kamaria Iversen, Ann Kroupa, Danielle Long, Sarah Luebke, Carol-Anne Mulloy, Ryan Peterson, Shawnee Price

WHEREAS, the above named served loyally as pages for the Senate of the Eighty-fourth Legislative Session; and

WHEREAS, the members of the Eighty-fourth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fourth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Dempster moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Dempster's motion that Senate Page Resolution 3 be adopted.

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Gillespie; Jerstad

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

HONORED GUESTS

The President introduced Boys and Girls Club Youth of the Year contestants: Ellison Last Horse, Boys and Girls Club of 3 Districts of the Crow Creek Reservation; Asahi Mueller, Ellsworth Air Force Base; Leslie Hanes, Aberdeen; Nicki Purucker, Brookings; and Mat Muston, Watertown, the winner, to the body.

There being no objection, the Senate reverted to Consideration of Executive Appointment.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive appointment of Kay F. Nikolas of Roberts County, Sisseton, South Dakota, to the Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the executive appointment of Kay F. Nikolas pursuant to the executive message as found on page 350 of the Senate Journal?"

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

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

REPORTS OF STANDING COMMITTEES

The Committee on Appropriations respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

50ob

On page 2, line 11, of the printed bill, after "Park" delete "improvement" and insert "bond redemption".

50ua

On page 1 of the printed bill, delete lines 10 to 15, inclusive.

On page 2, delete line 1.

50mb

On page 2, between lines 1 and 2 of the printed bill, insert:

"Section 3. That section 13 of chapter 27 of the 2008 Session Laws be amended to read as follows:

(1) Regents Central Office

Operating Expenses, Other Funds, delete "$34,935,943" and insert "$36,365,943"

Adjust all totals accordingly.

(5) South Dakota State University Proper

Operating Expenses, Other Funds, delete "$51,907,708" and insert "$53,412,086"

Adjust all totals accordingly.

(7) Agriculture Experiment Station

Operating Expenses, Other Funds, delete "$5,601,541" and insert "$5,874,556"

Adjust all totals accordingly.

(11) Dakota State University

Personal Services, Other Funds, delete "$7,948,306" and insert "$8,708,306"

Operating Expenses, Other Funds, delete "$8,506,760" and insert "$9,546,760"

Adjust all totals accordingly."

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill do NOT pass.

The Committee on Taxation respectfully reports that it has had under consideration SB 43 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

The Committee on Local Government respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill do pass.

The Committee on Local Government respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Local Government respectfully reports that it has had under consideration SB 159, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

159ta

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

"Section 1. That § 57A-9-523 be amended to read as follows:

57A-9-523. (a) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

(1) Note upon the copy the number assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the record; and

(2) Send the copy to the person.

(b) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:

(1) The information in the record;

(2) The number assigned to the record pursuant to § 57A-9-519(a)(1); and

(3) The date and time of the filing of the record.

(c) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:

(1) Whether there is on file on a date and time specified by the filing office, but not a date earlier than three business days before the filing office receives the request, any financing statement that:

(A) Designates a particular debtor or, if the request so states, designates a particular debtor at the address specified in the request;

(B) Has not lapsed under § 57A-9-515 with respect to all secured parties of record; and

(C) If the request so states, has lapsed under § 57A-9-515 and a record of which is maintained by the filing office under § 57A-9-522(a);

(2) The date and time of filing of each financing statement; and

(3) The information provided in each financing statement. However, if the financing statement contains a social security or employer identification number which has not been supplied by the person requesting the information, such number shall be redacted prior to providing the information. In the case of financing statements recorded in the office of the register of deeds, the requirement for redaction of social security or employer identification numbers only applies to financing statements recorded after July 1, 2009.

(d) In complying with its duty under subsection (c), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.

A computer printout from the centralized computer system established by the secretary of state constitutes the certificate of the secretary of state as to whether there is on file, on the date and hour stated thereon, a financing statement covering the following collateral: farm products or accounts, or livestock, or general intangibles arising from or relating to the sale of farm products by a farmer, or crops growing or to be grown, or equipment used in farming operations.

The secretary of state shall, upon a telephone request, furnish to any person, company, or corporation, information as to whether a financing statement describing farm collateral has been filed in the Office of the Secretary of State and, if such financing statement has been filed, the secretary of state shall also furnish the name and business address of the secured creditor. However, the secretary of state need not answer telephone inquiries in writing nor send written confirmation from a telephone request. The secretary of state is not responsible for accuracy and completeness of the information furnished verbally in response to a telephone request. ~~The secretary of state shall provide a toll-free telephone number to provide access for telephone requests.~~

(e) The filing office shall perform the acts required by subsections (a) through (d) at the time and in the manner prescribed by filing-office rule, but not later than two business days after the filing office receives the request. "

159tta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "require the redaction of certain numbers before furnishing copies of information."

On page 1, delete line 2.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 157, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

On page 5 of the printed bill, delete lines 10 to 24, inclusive, and insert:

The Committee on Transportation respectfully reports that it has had under consideration SB 201 and returns the same with the recommendation that said bill be amended as follows:

201oa

"Section 9. That § 10-47B-4 be amended to read as follows:

10-47B-4. The fuel excise tax rates for the tax imposed by this chapter are as follows:

(1) Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)-- ~~$.22~~ $.25 per gallon;

(2) Special fuel (except jet fuel)-- ~~$.22~~ $.25 per gallon;

(3) Ethanol blends--$.20 per gallon;

(4) Aviation gasoline--$.06 per gallon;

(5) Jet fuel--$.04 per gallon;

(6) E85 and M85--$.10 per gallon;

(7) E85 and M85 used in aircraft--$.04 per gallon;

(8) Liquid petroleum gas-- ~~$.20~~ $.23 per gallon;

(9) Compressed natural gas-- ~~$.10~~ $.13 per gallon.

Section 10. That § 10-47B-4 be amended to read as follows:

10-47B-4. The fuel excise tax rates for the tax imposed by this chapter are as follows:

(1) Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)-- ~~$.22~~ $.28 per gallon;

(2) Special fuel (except jet fuel)-- ~~$.22~~ $.28 per gallon;

(3) Ethanol blends--$.20 per gallon;

(4) Aviation gasoline--$.06 per gallon;

(5) Jet fuel--$.04 per gallon;

(6) E85 and M85--$.10 per gallon;

(7) E85 and M85 used in aircraft--$.04 per gallon;

(8) Liquid petroleum gas-- ~~$.20~~ $.26 per gallon;

(9) Compressed natural gas-- ~~$.10~~ $.16 per gallon.

Section 11. The provisions of section 10 of this Act are effective July 1, 2010."

On page 6, delete lines 1 to 22, inclusive.

201oe

On page 4 of the printed bill, delete lines 5 to 8, inclusive, and insert:

"Section 6. That § 32-5-30 be amended to read as follows:

32-5-30. If any noncommercial motor vehicle, according to the manufacturer's model year designation, is ~~five~~ fifteen years old or more on January first of the year for which a license fee is required, such fee shall be ~~seventy~~ eighty percent of the fee ordinarily prescribed. "

201ota

On page 1, line 1, of the printed bill, delete everything after "and" and insert "to increase the fuel excise tax on certain fuel used by motor vehicles."

On page 1, delete line 2.

Respectfully submitted,
Mike Vehle, Chair

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 160 and returns the same with the recommendation that said bill be amended as follows:

160jc

On page 2, line 10, of the printed bill, overstrike "Obtaining or attempting" and insert " The licensee obtains or attempts ".

On page 2, delete lines 12 and 13, and insert:

"(7) ~~Direct or indirect~~ The licensee receives direct compensation from individuals or third party payees for services rendered ~~; or~~ . However, a licensee may receive compensation from any organization sponsoring an athletic event for athletic training services provided to athletes participating in the event. For the purposes of this subdivision, direct compensation is compensation other than that received by the employing institution or athletic organization; ".

On page 2, line 14, remove the overstrikes from " ~~(8)~~ ".

On page 2, line 14, overstrike "Making" and insert " The licensee makes ".

On page 2, line 15, delete " ~~(9)~~ (8) " and insert "(9) ~~Making~~ The licensee makes ".

On page 2, line 18, delete " ~~(10)~~ (9) " and insert "(10)".

On page 2, line 21, delete " ~~(11)~~ (10) " and insert "(11)".

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 134 which was deferred to the 41^st Legislative Day.

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1058.

I have the honor to transmit herewith HB 1140, 1173, 1227, 1228, 1239, 1246, 1260, 1268, and 1281 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 5: A CONCURRENT RESOLUTION, Encouraging flexibility by local governments to accommodate the development of wind energy projects.

Sen. Rhoden moved that SCR 5 as found on page 463 of the Senate Journal be adopted.

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

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hanson (Gary); Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Nesselhuf; Rhoden; Schmidt

Nays:
Abdallah; Ahlers; Hansen (Tom); Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Miles; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

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.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Howie moved that the report of the Conference Committee on HB 1004 as found on page 462 of the Senate Journal be adopted.

The question being on Sen. Howie's motion that the report of the Conference Committee on HB 1004 be adopted.

Yeas 28, Nays 6, Excused 1, Absent 0

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

Nays:
Abdallah; Bradford; Heidepriem; Hundstad; Jerstad; Turbak Berry

Excused:
Gillespie

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

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Ahlers moved that the word NOT be stricken from the report of the Committee on Appropriations on SB 163 as found on page 458 of the Senate Journal and that SB 163 be placed on the calendar of Monday, February 23, the 27^th legislative day.

The question being on Sen. Ahlers' motion that the word NOT be stricken from the report of the Committee on Appropriations on SB 163 and that the bill be placed on the calendar of Monday, February 23, the 27^th legislative day.

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Abdallah; Ahlers; Bartling; Bradford; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

Nays:
Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

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

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

Education on SB 132 as found on page 461 of the Senate Journal ; also

Judiciary on SB 195 as found on page 459 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1140: FOR AN ACT ENTITLED, An Act to make an appropriation from the railroad trust fund for the construction of a railroad siding.

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

HB 1173: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

HB 1227: FOR AN ACT ENTITLED, An Act to increase license fees for certain noncommercial motor homes and trailers.

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

HB 1228: FOR AN ACT ENTITLED, An Act to require mopeds used on public highways to be titled and licensed as a motorcycle and to increase license fees for motorcycles.

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

HB 1239: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.

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

HB 1246: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to service of garnishee summons, affidavit, and garnishment disclosure.

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

HB 1260: FOR AN ACT ENTITLED, An Act to require that a request for proposals be issued for certain state contracts for professional services.

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

HB 1268: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the maximum number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.

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

HB 1281: FOR AN ACT ENTITLED, An Act to enhance funding for state highways by increasing fees on certain signs, displays, or devices.

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEE

The Committee on State Affairs respectfully reports that it has had under consideration SB 41 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 SB 141 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on State Affairs respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill be amended as follows:

100sa

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

"Section 1. That § 34-46-1 be amended to read as follows:

34-46-1. Terms used in this chapter mean:

(1) "Proof of age," a driver's license, nondriver identification card, or other generally accepted means of identification that contains a picture of the individual and appears on its face to be valid;

(2) "Sample," tobacco products distributed to members of the general public at no cost for purposes of promoting the product;

(3) "Sampling," the distribution of samples to members of the general public in a public place;

(4) "Self-service display," a display that contains tobacco products and is located in an area openly accessible to the merchant's consumers, and from which such consumers can readily access tobacco products without the assistance of the merchant or an employee or agent of the merchant. A display case that holds tobacco products behind locked doors does not constitute a self-service display;

(5) "Tobacco product," any item made of tobacco intended for human consumption, including cigarettes, cigars, pipe tobacco, and smokeless tobacco ;

(6) "Tobacco speciality store," a business that derives at least seventy-five percent of its revenue from the sale of tobacco products .

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

34-46-2. The following actions are unlawful:

(1) To knowingly sell or distribute a tobacco product to a person under the age of eighteen;

(2) To purchase or attempt to purchase, to receive or attempt to receive, to possess, or to consume a tobacco product if a person is under the age of eighteen;

(3) To purchase a tobacco product on behalf of, or to give a tobacco product to, any person under the age of eighteen;

(4) To sell cigarettes other than in an unopened package originating with the manufacturer and depicting the warning labels required by federal law;

(5) To sell tobacco products through a vending machine located in a place other than the following:

(a) A factory, business, office, or other place not open to the general public;

(b) A place that is open to the public but to which persons under the age of eighteen are denied access; or

(6) To sell tobacco products through a self-service display other than a display that is:

(a) A vending machine permitted under subdivision (5) of this section; or

(b) Located in a tobacco speciality store; or

(7) To distribute tobacco product samples in or on a public street, sidewalk, or park that is within five hundred feet of a playground, school, or other facility when the facility is being used primarily by persons under the age of eighteen. "

100sb

On the previously adopted amendment (100sa), in Section 1, subdivision (4), after " contains " delete " tobacco products " and insert " cigarettes or smokeless tobacco, or both, " and after " access " delete " tobacco products " and insert " cigarettes or smokeless tobacco, or both, ".

On the previously adopted amendment (100sa), in Section 2, subdivision (6), delete " tobacco products " and insert " cigarettes or smokeless tobacco, or both, ".

100sta

On page 1, line 1, of the printed bill, delete "taxation" and insert "sale".

On page 2, line 2, of the printed bill, delete "city" and insert "municipality".

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill be amended as follows:

147rc

On page 2, line 5, delete "computer files" and insert "any other form".

On page 2, line 8, delete "city" and insert "municipality".

On page 2, line 24, after "." insert "Use of funds as needed for criminal investigatory/confidential informant purposes is not subject to this section, but any budgetary information summarizing total sums used for such purposes is public. Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations are exempt from disclosure."

On page 3, delete lines 7 to 9, inclusive, and insert:

"The following records may not be disclosed:".

On page 3, line 15, delete everything after "(2)" and insert "Medical records, including all records of a drug or alcohol testing, treatment, or counseling, other than records of births and deaths. This law in no way abrogates or changes existing state and federal law pertaining to birth and death records;".

On page 3, line 18, delete "and" and insert "or".

On page 3, line 18, before "public" insert "material".

On page 3, line 19, delete everything after "(4)" and insert "Records which consist of attorney work product or which are subject to any privilege recognized in chapter 19-13;".

On page 3, delete lines 20 and 21.

On page 4, line 5, after "person" insert ", and this subdivision does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a court determines that the public interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or changes § § 23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from confidential informants".

On page 4, line 16, delete "or".

On page 4, line 17, after ";" insert "or any blueprints, building plans, or infrastructure records regarding any building or facility owned, operated, or occupied by a government entity that expose or create vulnerability through disclosure of the location, configuration, or security of critical systems;".

On page 4, line 24, delete "city" and insert "municipality".

On page 5, line 1, delete "With respect to public utilities, personally" and insert "Personally".

On page 5, line 6, delete everything after "(12)".

On page 5, delete lines 7 to 14, inclusive.

On page 6, delete lines 4 to 13, inclusive, and insert "(15)".

On page 6, line 15, after "dates;" insert "passport numbers, driver license numbers; or other personally identifying numbers or codes;".

On page 6, delete line 16, and insert "governments by citizens or held by state and local governments regarding employees or contractors;".

On page 6, delete line 17, and insert:

"(17) Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel;

(18) Any test questions, scoring keys, results, or other examination data for any examination to obtain licensure, employment, or academic credit;

(19) Personal correspondence, memoranda, notes, calendars or appointment logs, or other personal records or documents of any public official or employee used solely for that official's or employee's own personal use and having no official purpose;

(20) Any document declared closed or confidential by court order, contract, or stipulation of the parties to any civil or criminal action or proceeding;

(21) Any list of names or other personally identifying data of occupants of camping facilities from the Department of Game, Fish and Parks;

(22) Any other confidential or closed record under state statute or as provided by federal statutes or rules or as necessary to participate in federal programs and benefits."

On page 6, line 23, after "data" insert "invented, discovered, authored, developed, or".

On page 7, line 9, delete everything after "(5)" and insert "Financial and commercial information, including related legal assistance and advice, supplied to or developed by the state investment council or the division of investment if the information relates to investment strategies or research, potential investments, or existing investments of public funds;".

On page 7, delete lines 10 to 12, inclusive.

On page 7, line 15, delete "Date" and insert "Data".

On page 7, line 22, delete "Preliminary drafts" and insert "Drafts".

On page 7, line 22, delete "intra-agency".

On page 8, delete lines 7 to 24, inclusive, and insert:

"Section 10. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all official records held by that entity or official."

On page 9, delete lines 1 to 4, inclusive.

On page 9, line 17, after " electronic " insert " or other ".

On page 9, line 17, delete " section " and insert " chapter ".

On page 10, delete line 24, and insert:

"Section 17. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.

Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.

Section 18. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this chapter do not apply to records and documents of the Unified Judicial System.

Section 19. That § 23-5-11 be amended to read as follows:

23-5-11. ~~The provisions of § 1-27-1 do not apply to confidential criminal justice information.~~ Information about calls for service revealing the date, time, and general location and general subject matter of the call is not confidential ~~criminal justice~~ information and may be released to the public, at the discretion of the executive of the law enforcement agency involved, unless the information contains intelligence or identity information that would jeopardize an ongoing investigation. The provisions of this section do not supersede more specific provisions regarding public access or confidentiality elsewhere in state or federal law. "

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

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 169 and returns the same with the recommendation that said bill be amended as follows:

169tc

"Section 1. That § 43-13-17 be amended to read as follows:

43-13-17. Any property owner may grant a wind easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing , and the documents referenced in § 43-13-16 shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted. Any wind easement not filed within six months from the date of execution is void. Any ~~such~~ wind easement runs with the land or lands benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any ~~such~~ wind easement is void if no development of the potential to produce energy from wind power associated with the easement has occurred within five years after the easement began. Any payments associated with the granting or continuance of any ~~such~~ wind easement shall be made on an annual basis to the owner of record of the real property at the time the payment is made. "

169ttc

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions relating to wind easements."

On page 1, delete line 2.

On page 1, line 9, of the printed bill, delete "energy generation facilities,".

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 184 and returns the same with the recommendation that said bill be amended as follows:

184oa

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 170 which was deferred to the 41^st Legislative Day.

MESSAGE FROM THE HOUSE

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1004.

Respectfully,
Karen Gerdes, Chief Clerk

There being no objection, the Senate proceeded to Order of Business No. 12.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions permitting cities and counties to issue full-service restaurant on-sale alcohol licenses.

The question being "Shall HB 1026 pass as amended?"

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

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

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of real estate appraisers and the conditions upon which a penalty may be imposed on a real estate appraiser.

The question being "Shall HB 1028 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Gillespie

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

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding captive insurance companies.

The question being "Shall HB 1049 pass as amended?"

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

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

HB 1093: FOR AN ACT ENTITLED, An Act to revise the boundaries of the James River Water Development District.

The question being "Shall HB 1093 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Gillespie

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

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for residential property that is destroyed while under construction.

The question being "Shall HB 1099 pass?"

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

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

HB 1108: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of stationery for county officers.

The question being "Shall HB 1108 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Gillespie

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

HB 1111: FOR AN ACT ENTITLED, An Act to clarify and repeal certain redundancies in the provisions relating to the sale of substandard milk.

The question being "Shall HB 1111 pass?"

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

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

HB 1213: FOR AN ACT ENTITLED, An Act to allow school districts to enter into group health insurance contracts that include dental and vision insurance, and to allow school districts to offer group life and group health insurance benefits to retired employees.