84
th Legislative Session _ 2009
41oc
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. For the purposes of this Act and
§
§
43-13-16 to 43-13-19, inclusive, an option
for a wind easement, as defined by
§
43-13-16, or a wind lease, as set forth in
§
43-13-19, means a
contract by which an owner or real property agrees with another person that the latter shall have the
privilege of buying a wind easement or wind lease at a specified price within a specified time and
which imposes no obligation to purchase upon the person to whom it is given.
Section 2. Any option to purchase a wind easement or wind lease shall be created in writing and
shall include:
(1) A description of the real property subject to the option and for which the wind easement
or wind lease may be purchased;
(2) The term of the option period;
(3) Any terms and conditions under which the option to purchase the wind easement or wind
lease may be exercised or may be terminated;
(4) Any terms and conditions which are to be included in the wind easement or wind lease
to be purchased; and
(5) Any other provisions necessary or desirable to execute the instrument.
Any option described in section 1 of this Act shall be filed, duly recorded, and indexed in the
office of the register of deeds of the county in which the option is granted. However, the parties may
agree to file a memorandum of the option in lieu of the option. The memorandum shall include at
least the information described in subdivisions (1) and (2) of this section.
Section 3. Any option defined in section 1 of this Act is void if it is not exercised within five
years after the option is granted. This period of time is in addition to the five-year development
period for a wind easement stated in
§
43-13-17 and the five-year development period for a wind
lease stated in
§
43-13-19."
Moved by: Knudson
Second by: Gray
Action: Failed by roll call vote. (3-6-0-0)
Voting Yes: Gray, Knudson, Dempster
Voting No: Abdallah, Hanson (Gary), Heidepriem, Olson (Russell), Rhoden, Turbak Berry
MOTION:
DO PASS SB 41
Moved by: Olson (Russell)
Second by: Turbak Berry
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Abdallah, Hanson (Gary), Heidepriem, Olson (Russell), Turbak Berry, Dempster
Voting No: Gray, Knudson, Rhoden
SB 169: revise certain provisions relating to wind easements.
Presented by: Senator Jim Peterson
Representative Bernie Hunhoff
Proponents: Bob Sahr, East River Electric
Opponents: Brett Koenecke, Iberdrola Renewables
MOTION:
AMEND SB 169
169tc
On the printed bill, delete everything after the enacting clause and insert:
"
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.
184oa
On page 1, line 9, of the printed bill, delete "energy generation facilities,".
Moved by: Hanson (Gary)
Second by: Knudson
Action: Prevailed by voice vote.
MOTION:
DO PASS SB 184 AS AMENDED
Moved by: Heidepriem
Second by: Olson (Russell)
Action: Prevailed by roll call vote. (9-0-0-0)
Voting Yes: Abdallah, Gray, Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden,
Turbak Berry, Dempster
SB 141: establish certain requirements regarding the siting of certain wind turbine
towers.
Presented by: Senator Dan Ahlers (Handout: 2)
MOTION:
DO PASS SB 141
Moved by: Heidepriem
Second by: Turbak Berry
Action: Prevailed by roll call vote. (7-0-2-0)
Voting Yes: Gray, Hanson (Gary), Heidepriem, Knudson, Rhoden, Turbak Berry, Dempster
Excused: Abdallah, Olson (Russell)
MOTION:
PLACE SB 141 ON CONSENT CALENDAR
Moved by: Knudson
Second by: Gray
Action: Prevailed by voice vote.
SB 170: authorize certain schools to own and operate wind energy conversion
systems, to establish a grant program for such purposes, and to make an appropriation
therefor.
Presented by: Senator Frank Kloucek (Handout: 3,4)
Opponents: Hunter Roberts, Department of Tourism and State Development
Steve Willard, SD Electric Utilities
MOTION:
DEFER SB 170 TO THE 41ST LEGISLATIVE DAY
Moved by: Rhoden
Second by: Olson (Russell)
Action: Was not acted on.
MOTION:
SUBSTITUTE MOTION DO PASS SB 170
Moved by: Heidepriem
Second by: Hanson (Gary)
Action: Failed by roll call vote. (4-5-0-0)
Voting Yes: Hanson (Gary), Heidepriem, Turbak Berry
Voting No: Abdallah, Gray, Knudson, Olson (Russell), Rhoden, Dempster
MOTION:
DEFER SB 170 TO THE 41ST LEGISLATIVE DAY
Moved by: Rhoden
Second by: Olson (Russell)
Action: Prevailed by roll call vote. (6-3-0-0)
Voting Yes: Abdallah, Gray, Knudson, Olson (Russell), Rhoden, Dempster
Voting No: Hanson (Gary), Heidepriem, Turbak Berry
SB 100: revise the method of sale of certain tobacco products.
Presented by: Senator Dave Knudson
Proponents: Tim Dougherty, Anhauser-Busch
Jennifer Stalley, American Cancer Society
Shawn Lyons, SD Retailers Association
MOTION:
AMEND SB 100
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
(c)
An establishment licensed under chapter 35-4 to sell alcoholic beverages for
consumption on the premises where sold;
(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.
"
Moved by: Knudson
Second by: Rhoden
Action: Prevailed by roll call vote. (7-2-0-0)
Voting Yes: Hanson (Gary), Heidepriem, Knudson, Olson (Russell), Rhoden, Turbak Berry,
Dempster
Voting No: Abdallah, Gray
MOTION:
AMEND SB 100
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".
147rc
On page 2, line 2, of the printed bill, delete "city" and insert "municipality".
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.
".