Senate Journal 02/13/2001 2:00 PM

JOURNAL OF THE SENATE

SEVENTY-SIXTH SESSION

TWENTY-FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 13, 2001

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

The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate page Melanie Markus.

Roll Call: All members present except Sen. Hagen who was excused.

APPROVAL OF THE JOURNAL

MADAM PRESIDENT:

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

Arnold M. Brown, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 29, 80, and 105 and finds the same correctly enrolled.

Also MADAM PRESIDENT

The Committee on Legislative Procedure respectfully reports that SB 76 was delivered to his Excellency, the Governor, for his approval at 9:47 a.m., February 13, 2001.

Respectfully submitted,
Arnold M. Brown, Chair

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 238 and returns the same with the recommendation that said bill do pass and be referred to the Committee on Appropriations.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 226 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 17 of the printed bill, after " received " insert "or to be received".

On page 3 , line 17, delete " All " and insert "At any one time or from time to time, all".

On page 3 , line 21, after " settlement " delete " proceeds " and insert "revenues".

On page 3 , line 23, delete " proceeds " and insert "revenues".

On page 4 , line 8, after " any " insert "escrow agent or any".

On page 4 , line 10, after " initially to " insert "or upon the order of".

On page 4 , line 11, before " trustee " insert "escrow agent or any".

On page 4 , line 13, after " transfer " insert "of rights under or with respect to the master settlement agreement, including the right to receive the tobacco settlement revenues,".

On page 4 , line 20, after " law. " insert "The procedures and requirements set forth in this section shall be the sole procedures and requirements applicable to the sale of the state's rights under the master settlement agreement, including the sale of tobacco settlement revenues, and it is not necessary to satisfy or comply with any other existing law which would otherwise apply to the sale of assets of the state or impose procedures or restrictions with respect thereto."

On page 4 , line 24, delete " separate and apart " and insert "having a legal existence independent and separate".

On page 9 , line 7, after " Dakota. " insert "In no event may any of the funds deposited into the permanent tobacco settlement development trust fund, the tobacco settlement interest fund, or the tobacco settlement residual fund be pledged to secure payment of any bonds issued under the authority of this Act."

On page 9 , line 18, after " revenues " insert "that have been sold pursuant to this Act".

On page 12 , line 1, after " If " insert "in order to obtain or preserve any exclusion of interest on bonds from gross income of the holders thereof for purposes of federal income taxation,".

On page 12 , line 3, after " restrictions " insert "or conditions".

On page 12 , line 8, after " restriction " insert "or condition".

On page 13 , line 2, delete " and restrictions " and insert "restrictions, and conditions".

On page 1, line 4 of the printed bill, after " sale " insert "at any one time or".

On page 1 , line 4, before " all " insert "a portion of or".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 24, 195, 205, 216, and 246 and tabled the same.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 3 which was tabled.

Also MADAM PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 184 and 236 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 10 and 215 and tabled the same.

Respectfully submitted,
Larry Diedrich, Chair

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 248 and returns the same with the recommendation that said bill be amended as follows:

On page 4, between lines 21 and 22 of the printed bill, insert:

"(1) Establish the program in the form of a trust to be declared by the council or in such other form as the council may determine;".

On page 4 , line 22, delete " (1) " and insert "(2)".

On page 4 , line 24, delete " (2) " and insert "(3)".

On page 5 , line 2, delete " (3) " and insert "(4)".

On page 5 , line 4, delete " (4) " and insert "(5)".

On page 5 , line 7, delete " (5) " and insert "(6)".

On page 5 , line 9, delete " (6) " and insert "(7)".

On page 5 , line 11, delete " (7) " and insert "(8)".

On page 2, line 6 of the printed bill, before " any " insert "an institution is eligible to participate in any financial assistance program authorized by Title IV of the Higher Education Act of 1965, as amended through January 1, 2001, and that is".

On page 2 , line 13, delete " if the institution " and insert ";".

On page 2 , delete lines 14 and 15 .

On page 4 , line 11, after " regulations " insert "; provided that room and board expenses qualify only if the beneficiary enrolls at least half time and only if the expenses do not exceed the minimum room and board allowance determined in calculating costs of attendance for federal financial aid programs".

On the previously adopted amendment (248cb), on page 2, line 6, after "institution" insert "that".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 71 and tabled the same.

Also MADAM PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 164 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Don Brosz, Chair

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 179 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 10 of the printed bill, insert:

"Section 2. That § 10-13-37.1 be amended to read as follows:

10-13-37.1. For purposes of § § 10-3-41, 10-12-31.1, and 10-13-37, the secretary of revenue shall calculate a factor for each county for the agricultural and nonagricultural valuations. The factor shall be calculated by using the sales of arms-length transactions and the assessments from the preceding assessment year. The secretary shall take into consideration any reappraisals completed by the director of equalization. If there are less than fifteen sales of either class, the secretary shall use the preceding year's sales of that class with current assessments. In the case of agricultural land, sales may also be bridged in from adjoining counties if there are less than fifteen sales. The secretary of revenue shall calculate all factors pursuant to this section no later than March first.

Section 3. That § 10-11-43 be amended to read as follows:

10-11-43. An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and interveners before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of chapter 1-26.

The venue of the appeal shall be in the circuit court for the county in which the property subject to the appeal is situated. The venue of appeals taken from 10-13-37.2 shall be in either the county in which the property subject to the appeal is situated or to the circuit court for Hughes County, as the appellant may elect. "

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 138 and tabled the same.

Also MADAM PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 197, 200, and 230 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dick Hainje, Chair

Also MADAM PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1119 and 1236 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Drue J. Vitter, Chair

MESSAGES FROM THE HOUSE

MADAM PRESIDENT:

I have the honor to return herewith SB 29, 80, and 105 which have passed the House without change.

Also MADAM PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1005 and HCR 1003.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HB 1180, 1201, 1202, 1275, 1280, and 1291 which have passed the House and your favorable consideration is respectfully requested.

Also MADAM PRESIDENT:

I have the honor to transmit herewith HCR 1008 and 1009 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Larry Diedrich announced his intention to reconsider the vote by which SB 210 lost.

Sen. Diedrich moved that the Senate do now reconsider the vote by which SB 210 lost.

The question being on Sen. Diedrich's motion to reconsider the vote by which SB 210 lost.

And the roll being called:

Yeas 22, Nays 11, Excused 2, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Koskan; Madden; McCracken; McIntyre; Munson; Olson (Ed); Reedy; Vitter; Whiting

Nays:
Bogue; Dennert; Hutmacher; Kleven; Koetzle; Moore; Putnam; Staggers; Sutton (Dan); Symens; Volesky

Excused:
Apa; Hagen

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 210 was up for reconsideration and final passage.

Sen. Diedrich moved that SB 210 be placed to follow SB 175 on today's calendar.

Which motion prevailed and the bill was so placed.

Yesterday, Sen. Bogue announced his intention to reconsider the vote by which SB 211 lost.

Sen. Bogue moved that the Senate do now reconsider the vote by which SB 211 lost.

The question being on Sen. Bogue's motion to reconsider the vote by which SB 211 lost.

And the roll being called:

Yeas 17, Nays 16, Excused 2, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Drake; Hainje; Ham; Koskan; Madden; McCracken; Munson; Olson (Ed); Vitter; Whiting

Nays:
Apa; Dennert; Diedrich (Larry); Duxbury; Everist; Greenfield; Hutmacher; Kleven; Koetzle; McIntyre; Moore; Reedy; Staggers; Sutton (Dan); Symens; Volesky

Excused:
Hagen; Putnam

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

HCR 1008: A CONCURRENT RESOLUTION, Supporting mandatory country of origin labeling for agricultural products.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HCR 1009: A CONCURRENT RESOLUTION, Requesting the enforcement of laws to protect livestock producers from unfair competition.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 228 as found on page 462 of the Senate Journal ; also

Judiciary on HB 1092 as found on page 463 of the Senate Journal ; also

Judiciary on HB 1110 as found on page 464 of the Senate Journal ; also

Judiciary on HB 1154 as found on page 465 of the Senate Journal ; also

Local Government on SB 159 as found on page 448 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

Sen. Ham moved that SB 159, which was reported without recommendation, be placed on the calendar of Wednesday, February 14, the 26^th legislative day.

The question being on Sen. Ham's motion that SB 159 be placed on tomorrow's calendar.

And the roll being called:

Yeas 16, Nays 14, Excused 5, Absent 0

Yeas:
Albers; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedtrich (Elmer); Ham; Kleven; Koskan; Madden; McIntyre; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Apa; Bogue; Dennert; Drake; Duxbury; Everist; Greenfield; Hainje; McCracken; Moore; Munson; Olson (Ed); Reedy; Staggers

Excused:
Diedrich (Larry); Hagen; Hutmacher; Koetzle; Putnam

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Moore requested that SB 219 be removed from the Consent Calendar.

HB 1085: FOR AN ACT ENTITLED, An Act to define whether an operator is subject to pay the cost of certain notifications from the one-call notification system.

Was read the second time.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen; Koetzle; Putnam

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 1122: FOR AN ACT ENTITLED, An Act to modify the time required for a temporary custody hearing to be held in certain juvenile legal proceedings.

Was read the second time.

The question being "Shall HB 1122 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen; Koetzle; Putnam

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 1124: FOR AN ACT ENTITLED, An Act to revise certain provisions related to township financial reports.

Was read the second time.

The question being "Shall HB 1124 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Hagen; Koetzle; Putnam

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 175: FOR AN ACT ENTITLED, An Act to exempt from sales tax certain contract services provided to agricultural producers by an agent of a parent company through a local contracting entity and certain employee services provided by an agricultural cooperative.

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

The question being on Sen. de Hueck's pending motion to further amend SB 175 as found on page 441 of the Senate Journal.

Sen. Symens moved as a substitute motion that SB 175 be further amended as follows:

On page 2, line 2 of the Senate Taxation Committee engrossed bill, delete " services " and insert "reimbursements".

Which motion lost.

The question now being on Sen. de Hueck's pending motion that SB 175 be further amended as found on page 441 of the Senate Journal.

Which motion prevailed.

The question being "Shall SB 175 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Apa; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Greenfield; Ham; Hutmacher; Kleven; Koetzle; Koskan; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky

Nays:
Albers; Bogue; Brosz; de Hueck; Everist; Hainje; Madden; Whiting

Excused:
Hagen; Putnam

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 210: FOR AN ACT ENTITLED, An Act to establish a refundable checkoff program for swine.

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

The question being "Shall SB 210 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Vitter; Whiting

Nays:
Bogue; Dennert; Hutmacher; Kleven; Koetzle; Staggers; Symens; Volesky

Excused:
Hagen; Putnam

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 187: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to comparative negligence.

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

Sen. Bogue moved that SB 187 be placed to follow SB 214 on today's calendar.

Which motion prevailed and the bill was so placed.

SB 146: FOR AN ACT ENTITLED, An Act to require that certain findings and recommendations of the state fire marshal be included in a school board's minutes and to require certain inspections.

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

Sen. Brosz moved that SB 146 be deferred to Wednesday, February 14, the 26^th legislative day.

Which motion prevailed and the bill was so deferred.

SB 168: FOR AN ACT ENTITLED, An Act to revise the provisions for issuing on-sale liquor licenses to resort facilities.

Was read the second time.

Sen. Moore moved that SB 168 be further amended as follows:

On page 1, line 8 of the Senate Commerce Committee engrossed bill, overstrike " two " and insert " twenty-five ".

Which motion lost.

The question being "Shall SB 168 pass as amended?"

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Madden; McIntyre; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Vitter; Volesky; Whiting

Nays:
Koetzle; Koskan; Moore

Excused:
Hagen; McCracken; Symens

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 202: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding visitation rights for grandparents.

Was read the second time.

The question being "Shall SB 202 pass as amended?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Bogue; Koskan; Staggers

Excused:
de Hueck; Hagen

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 204: FOR AN ACT ENTITLED, An Act to permit tribal identification cards in lieu of other identification when applying for a driver's license.

Was read the second time.

The question being "Shall SB 204 pass as amended?"

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Everist; Ham; Hutmacher; Kleven; Koetzle; McCracken; McIntyre; Moore; Munson; Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Bogue; Diedrich (Larry); Drake; Greenfield; Hainje; Koskan; Madden

Excused:
Hagen; Olson (Ed)

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. Everist moved that the Senate do now recess until 3:45 p.m., which motion prevailed and at 3:25 p.m., the Senate recessed.

The Senate reconvened at 3:45 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 206: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the supervision of local state agency accounts by the state treasurer and state auditor.

Was read the second time.

Sen. Hutmacher moved that SB 206 be further amended as follows:

On page 1, after line 12 of the Senate State Affairs Committee engrossed bill, insert:

"Section 2. That § 4-3-5 be amended to read as follows:

4-3-5. ~~Every such~~ Any officer or employee pursuant to § 4-3-3 shall designate in writing, to be filed in ~~his~~ that office, ~~the~~ bank ~~or banks~~ in which ~~he shall have~~ the officer or employee has deposited the current receipts of ~~his~~ that office ~~or department and any~~ . Any account showing any such deposit ~~shall be~~ is an official account and shall be accessible to the inspection of the auditor-general or state treasurer at any time during banking hours. "

Sen. Daugaard moved that SB 206 and Sen. Hutmacher's pending motion to further amend SB 206 be laid on the table.

The question being on Sen. Daugaard's motion that SB 206 and Sen. Hutmacher's pending motion to further amend SB 206 be laid on the table.

And the roll being called:

Yeas 21, Nays 11, Excused 3, Absent 0

Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Diedrich (Larry); Drake; Everist; Greenfield; Hainje; Ham; Kleven; Koskan; Madden; McCracken; Olson (Ed); Putnam; Staggers; Vitter; Whiting

Nays:
Apa; Dennert; Duxbury; Hutmacher; Koetzle; McIntyre; Moore; Reedy; Sutton (Dan); Symens; Volesky

Excused:
Diedtrich (Elmer); Hagen; Munson

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 206 and Sen. Hutmacher's pending motion to amend were laid on the table.

SB 214: FOR AN ACT ENTITLED, An Act to establish a telecommunications gross receipts tax, to provide for its distribution, and to repeal certain property taxes and certain gross receipts taxes paid by certain telecommunications companies.

Was read the second time.

Sen. Apa moved that SB 214 be further amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete line 9 .

On page 1 , line 10, delete " (4) " and insert "(3)".

On page 1 , line 11, delete " (5) " and insert "(4)".

On page 2 , line 2, delete " (6) " and insert "(5)".

On page 2 , line 4, delete " (7) " and insert "(6)".

On page 2 , line 9, delete " and does not include radio common carrier " and insert ". The term, telecommunications service, does not include specialized mobile radio service, private mobile radio service, one-way cable television service, or pay per view cable television service."

On page 2 , delete line 10 .

Which motion prevailed.

Sen. Arnold Brown moved that SB 214 be further amended as follows:

On page 2, line 3 of the Senate Taxation Committee engrossed bill, delete " receiver, or municipality " and insert "or receiver".

On page 2 , line 23, after "service." insert "However, any municipality providing any telecommunications service is hereby exempted from the tax imposed by this Act."

On page 3 , delete lines 10 to 13 , inclusive.

Which motion lost.

Sen. McCracken moved that SB 214 be further amended as follows:

On page 3, line 13 of the Senate Taxation Committee engrossed bill, delete " three " and insert "five".

Which motion prevailed.

The question being "Shall SB 214 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

Yeas:
Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Olson (Ed); Putnam; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Nays:
Albers; Hutmacher; Moore; Munson; Reedy; Staggers

Excused:
Diedtrich (Elmer); Hagen

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 187: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to comparative negligence.

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

Sen. Bogue moved that SB 187 be deferred to Wednesday, February 14, the 26^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 20 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 15 of the printed bill, delete " one hundred thirty thousand dollars ($130,000) " and insert "two hundred thousand dollars ($200,000)".

And that as so amended said bill do pass.

Respectfully submitted,
Bob Drake, Chair

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13 of the printed bill, delete " entitled to the following incentives: " and insert "subject to the provisions of this Act for any new or expanded facility."

On page 1 , delete lines 14 and 15 , and insert:

"Section 2. Rural electric cooperatives developing commercial small power production facilities utilizing renewable energy are not subject to tax pursuant to § 10-35-1.2 but are subject to a gross receipts tax as defined in § 10-36-6."

On page 2 , delete lines 1 to 8 , inclusive.

On page 2 , line 20, delete " and for sales or use " .

On page 2 , line 21, delete " taxes imposed and paid by such person under the provisions of chapters 10-45 and 10-46 " .

On page 3 , line 5, delete " 6 " and insert "7".

On page 3 , line 7, after " cost " insert ", excluding any associated transmission facilities".

On page 3 , line 23, delete " 8 " and insert "9".

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 225 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete lines 8 to 13 , inclusive, and insert:

"(1) On each domestic company, two and one-half percent of premiums and one and one- fourth percent of the consideration for annuity contracts . However, the rate for life insurance and annuities shall be computed as follows:

(a) Two and one-half percent of premiums for a life policy on the first one hundred thousand dollars of annual premium, and eight one-hundredths of a percent for that portion of the annual life premiums exceeding one hundred thousand dollars; and ".

On page 2 , line 16, after " for " insert " that portion of the ".

On page 2 , delete line 24 , and insert:

" (a) Two and one-half percent of premiums ~~, and one~~ . However, for that portion of the life insurance premiums exceeding one hundred thousand dollars annually, the rate shall be eight one-hundredths of a percent; and ".

On page 3 , delete lines 1 to 3 , inclusive.

On page 3 , line 6, after " for " insert " that portion of the ".

On page 3 , delete lines 10 to 12 , inclusive, and insert:

" (a) Two and one-half percent of premiums ~~and one~~ . However, for that portion of the life insurance premiums exceeding one hundred thousand dollars annually, the rate shall be eight one-hundredths of a percent; and ~~one~~ ".

On page 3 , line 15, after " for " insert " that portion of the ".

On page 4 , delete line 24, and insert "the loan value referred to in § 58-15-15 shall be".

On page 5 , line 1, delete " hundred percent of " .

On page 5 , line 3, after " therefor. " insert " For policies where the cash surrender value pursuant to § 58-15-33 is in excess of one million dollars, the loan value shall be equal to the portion of the cash surrender value that can immediately be converted to cash, pursuant to the policyholder's consent. The consent of the policyholder shall be on a form prescribed by the director in rules promulgated pursuant to chapter 1-26. "

On page 5 , line 12, delete " previous " .

On page 5 , line 12, after " policyholder. " insert "The consent of the policyholder shall be on a form prescribed by the director in rules promulgated pursuant to chapter 1-26."

On page 5 , line 19, after " computed " insert " commencing the latter of ".

On page 5 , line 20, delete " until " and insert " or ".

On page 5 , line 21, after " payment. " insert "The consent of the policyholder shall be on a form prescribed by the director in rules promulgated pursuant to chapter 1-26."

On page 7 , line 11, delete " previous " .

On page 7 , line 12, after " policyholder. " insert "The consent of the policyholder shall be on a form prescribed by the director in rules promulgated pursuant to chapter 1-26."

And that as so amended said bill do pass.

Also MADAM PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration and 235 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
David R. Munson, Chair

REPORTS OF CONFERENCE COMMITTEES

MADAM PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 2 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that House Engrossed SB 2 be amended as follows:

On page 2, line 2, after "employee" insert "based only on the alleged misconduct".

Respectfully submitted,                        Respectfully submitted,
Claire Konold                                Dennis Daugaard
Burdette Solum                                Cheryl Madden
Mel Olson                                    Robert Duxbury
House Committee                                Senate Committee

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1180: FOR AN ACT ENTITLED, An Act to allow for the sale of surplus property to tribal subdivisions.

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

HB 1201: FOR AN ACT ENTITLED, An Act to revise certain provisions related to trespass by buffalo and to specify the characteristics of legal fences for buffalo.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1202: FOR AN ACT ENTITLED, An Act to provide for the recovery of reasonable attorney's fees and costs in actions for deceit.

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

HB 1275: FOR AN ACT ENTITLED, An Act to revise the definition of custodian as it relates to child abuse or neglect.

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

HB 1280: FOR AN ACT ENTITLED, An Act to replace certain geographic names that use offensive names, words, or phrases.

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

HB 1291: FOR AN ACT ENTITLED, An Act to provide for additional compensation for teachers providing teaching services using the Digital Dakota Network.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

Sen. Daugaard moved that HB 1032 be deferred to Thursday, February 15, the 27^th legislative day.

Which motion prevailed.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the waiver of a patient's privilege on communications with a physician or psychotherapist.

Was read the second time.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Daugaard; Hagen

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 1025: FOR AN ACT ENTITLED, An Act to repeal and revise certain mental health provisions pertaining to the state interagency coordinating network council and the local interagency teams.

Was read the second time.

The question being "Shall HB 1025 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

Excused:
Daugaard; Hagen

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 1091: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding jurisdiction for certain offenses involving intoxicating substances.

Was read the second time.

The question being "Shall HB 1091 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

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 1109: FOR AN ACT ENTITLED, An Act to permit the detention in an adult jail of certain juveniles convicted as adults.

Was read the second time.

The question being "Shall HB 1109 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Albers; Apa; Brosz; Brown (Arnold); Daugaard; Diedtrich (Elmer); Drake; Greenfield; Hainje; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; Moore; Munson; Putnam; Sutton (Dan); Whiting

Nays:
Bogue; de Hueck; Dennert; Diedrich (Larry); Duxbury; Everist; Koetzle; McIntyre; Olson (Ed); Reedy; Staggers; Symens; Vitter; Volesky

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.

SIGNING OF BILLS

The President publicly read the title to

SB 29: FOR AN ACT ENTITLED, An Act to provide that certain offenses are violent offenses for purposes of parole eligibility.

SB 80: FOR AN ACT ENTITLED, An Act to clarify the definition of the term, member, with regard to certain definition of corporation provisions.

SB 105: FOR AN ACT ENTITLED, An Act to provide for a comprehensive study by the Corrections Commission of inmate telephone services at Department of Corrections institutions.

HB 1033: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the real estate licensing examination.

HB 1034: FOR AN ACT ENTITLED, An Act to repeal an exemption from a requirement for real estate licensee errors and omissions insurance.

HB 1093: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to transfers of insurance between members of the same insurance group.

And signed the same in the presence of the Senate.

Sen. Bogue moved that the Senate do now adjourn, which motion prevailed and at 5:15 p.m. the Senate adjourned.

Patricia Adam, Secretary