JOURNAL OF THE SENATE

SEVENTY-SEVENTH  SESSION



NINETEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 1, 2002

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Michele Bradley, followed by the Pledge of Allegiance led by Senate page Rachel Madden.

     Roll Call: All members present except Sens. Larry Diedrich and Staggers who were 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 eighteenth 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.
     There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS



    SENATE PAGE RESOLUTION 2: Introduced by: Senators Albers, Apa, Bogue, Brosz, Brown (Arnold), Cradduck, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hagen, Ham, Hutmacher, Kleven, Koetzle, Koskan, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Reedy, Staggers, Sutton (Dan), Symens, Vitter, Volesky, and Whiting

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy- seventh Legislature of the State of South Dakota to Erin Ahles, Grant Flynn, Jing Jin, Rachel Madden, Abby Monnens, Cody Oliver, Lindsey Renner, Kyle Sydow, Stacy Vogt, and Stephanie Wildberger.

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

    WHEREAS, the members of the Seventy-seventh 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 Seventy-seventh 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. Everist moved that Senate Page Resolution 2 be adopted.

     The question being on Sen. Everist's motion that Senate Page Resolution 2 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Apa; Diedrich (Larry); Koetzle; Staggers

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

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  3 and 4 and returns the same with the recommendation that said resolutions do pass.

Also MADAM PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill be amended as follows:

14oa
     On page 1, delete lines 7 and 8 of the printed bill, and insert:

"of accepted skill and ability. Such person must have had experience of at least five years either The person shall have experience in public or private institutions for the mentally ill administration, including experience in a mental health setting and shall be of a good moral character. The".


14ob

     In the previously adopted amendment (14oa), after " have " insert " a degree or extensive ".

     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 182 and returns the same with the recommendation that said bill be amended as follows:

182oa
     On page 1 of the printed bill, delete lines 13 to 15 , inclusive.

     On page 2 , line 1, delete " the decisions affecting them. Therefore, the " and insert " The ".

     On page 2 , line 5, delete everything after " made " .
     On page 2 , line 6, delete everything before " at " .

     On page 2 , line 6, after " twice " insert " in the legal newspaper designated pursuant to §  13- 8-10 ".

     On page 2 , line 14, delete " , the names of the board members voting to opt out, " .

     On page 2 , line 22, delete everything after " payable. "

     On page 2 , delete lines 23 and 24 .

     On page 3 , delete line 1 .

     On page 3 , delete lines 20 to 22 , inclusive.

     On page 3 , line 23, delete " the decisions affecting them. Therefore, the " and insert " The ".

     On page 4 , line 3, delete everything after " made " .

     On page 4 , line 4, delete everything before " at " .

     On page 4 , line 4, after " twice " insert " in the legal newspaper designated by the governing body pursuant to law ".

     On page 4 , line 12, delete " , the names of the board members voting to opt out, " .

     On page 4 , line 20, delete " If the " .

     On page 4 , delete lines 21 and 22 .

     On page 4 , line 23, delete " against the excess levy in the taxing district. "

     And that as so amended said bill do pass.

Respectfully submitted,
Barbara Everist, Chair

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  110 and 120 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  109 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 Commerce respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill be amended as follows:

29jb

     On page 1, line 14 of the printed bill, overstrike " based on travel time and expense " and insert " not to exceed the actual cost of such inspection, including costs for personnel, equipment, and mileage, ".

     On page 1 , delete line 15 , and insert "individual or device owner. Such fee may not exceed twenty dollars per hour, in ".

     On page 2 , delete line 1 , and insert " addition to a fee of forty cents per mile . All fees , except those for special or emergency inspection, shall be promulgated by the".

     On page 2 , delete lines 10 to 12 , inclusive, and insert " Commerce and Regulation shall charge a fee not to exceed the actual cost of such inspection, including costs for personnel, equipment, and mileage. "

     On page 2 , line 23, overstrike " based on travel time and expense " and insert " not to exceed the actual cost of such inspection, including costs for personnel, equipment, and mileage, ".

     On page 2 , line 24, overstrike " The fee may not " .

     On page 3 , delete line 1 , and insert " exceed twenty dollars per hour, in addition to a fee of forty cents per ".

     On page 3 , overstrike lines 2 and 3 .

     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 108 and returns the same with the recommendation that said bill be amended as follows:

108jc

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

     "Section 1. That chapter 58-15 be amended by adding thereto a NEW SECTION to read as follows:

     If a policyholder has made a request to cash surrender, to obtain maximum policy loans, or to make an Internal Revenue Code Section 1035 exchange under a life insurance or an annuity policy, the insurer shall forward to the policyholder or the policyholder's insurance producer, within thirty calendar days of receiving the request for the form, any required form to accomplish such transaction. If the insurer does not do so, the policyholder may utilize a uniform life insurance or annuity form for such purpose. The director shall adopt the uniform life insurance and annuity forms by rules promulgated pursuant to chapter 1-26. If the insurer has failed to submit its form to the policyholder or the policyholder's insurance producer within the time period required by this section, the insurer shall accept the uniform form as adopted by the director and may not require the use of any additional form."

108jta

     On page 1, line 1 of the printed bill, after " insurance " insert "and annuity".

     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 136 and returns the same with the recommendation that said bill be amended as follows:

136ja

     On page 2, line 2 of the printed bill, delete " investment portfolio " and insert "assets".

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

     On page 2 , delete lines 3 and 4 , and insert "The insurer shall be rated in the top three".

     On page 2 , line 5, after " Service. " insert "The annuity shall be fully liquid and may not be subject to any surrender charges or any other restrictions on redemptions."

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

Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  163 and tabled the same.


Also MADAM PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  103 which was deferred to the 36th Legislative Day.

Respectfully submitted,
David R. Munson, Chair

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 90 and 186 and returns the same with the recommendation that said bills do pass.

Also MADAM PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill be amended as follows:

185fa
     On page 1, after line 12 of the printed bill, insert:

     "Section 4. That § 10-18A-5 be amended to read as follows:

     10-18A-5.   The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:
    The refund of real  
If household income is     property taxes due  
more than:   but less than   or paid shall be  
$ 0   $3,250 $3,500   35%  
3,251 3,501   3,510 3,760   34%  
3,511 3,761   3,770 4,020   33%  
3,771 4,021   4,030 4,280   32%  
4,031 4,281   4,290 4,540   31%  
4,291 4,451   4,550 4,800   30%  
4,551 4,801   4,810 5,060   29%  
4,811 5,061   5,070 5,320   28%  
5,071 5,321   5,330 5,580   27%  
5,531 5,581   5,590 5,840   26%  
5,591 5,841   5,850 6,100   25%  
5,851 6,101   6,110 6,360   24%  
6,111 6,361   6,370 6,620   23%  
6,371 6,621   6,630 6,880   22%  
6,631 6,881   6,890 7,140   21%  
6,891 7,141   7,150 7,400   20%  
7,151 7,401   7,410 7,660   19%  
7,411 7,661   7,670 7,920   18%  
7,671 7,921       7,930 8,180   17%  
7,931 8,181   8,190 8,440   16%  
8,191 8,441   8,450 8,700   15%  
8,451 8,701   8,710 8,960   14%  
8,711 8,961   8,970 9,220   13%  
8,971 9,221   9,230 9,480   12%  
9,231 9,481   9,500 9,750   11%  
over 9,500 9,750     No refund  

     Section 5. That § 10-18A-6 be amended to read as follows:

     10-18A-6.   The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:
    The refund of real  
If household income is     property taxes due  
at least:   but not more than   or paid shall be  
$ 0   $6,000 $6,250   55%  
6,001 6,251   6,361 6,611   53%  
6,362 6,612   6,722 6,972   51%  
6,723 6,973   7,083 7,333   49%  
7,084 7,334   7,444 7,694   47%  
7,445 7,695   7,805 8,055   45%  
7,806 8,056   8,166 8,416   43%  
8,167 8,417   8,527 8,777   41%  
8,528 8,778   8,888 9,138   39%  
8,889 9,139   9,249 9,499   37%  
9,250 9,500   9,610 9,860   35%  
9,611 9,861   9,971 10,221   33%  
9,972 10,222   10,332 10,582   31%  
10,333 10,583   10,693 10,943   29%  
10,694 10,944   11,054 11,304   27%  
11,055 11,305   11,415 11,665   25%  
11,416 11,666   11,776 12,026   23%  
11,777 12,027   12,137 12,387   21%  
12,138 12,388   12,500 12,750   19%  
over 12,500 12,750     No refund  

     Section 6. That § 10-45A-5 be amended to read as follows:

     10-45A-5.   The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one individual shall be determined as follows:

             (1)      If the claimant's income is three thousand two hundred fifty five hundred dollars or less, a sum of two hundred fifty-eight dollars;

             (2)      If the claimant's income is three thousand two hundred fifty-one five hundred one dollars and not more than nine thousand five hundred seven hundred fifty dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between nine thousand seven hundred fifty dollars and the income of the claimant;

             (3)      If the claimant's income is more than nine thousand five hundred seven hundred fifty dollars, no refund.

     Section 7. That § 10-45A-6 be amended to read as follows:

     10-45A-6.   The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one individual shall be determined as follows:

             (1)      If household income is six thousand two hundred fifty dollars or less, the sum of five hundred eighty-one dollars;

             (2)      If household income is six thousand one two hundred fifty-six dollars and not more than twelve thousand five hundred seven hundred fifty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between twelve thousand seven hundred fifty dollars and total household income;

             (3)      If household income is more than twelve thousand five hundred seven hundred fifty dollars, no refund. "

185fta

     On page 1, line 2 of the printed bill, after " persons " insert "and to revise the income eligibility requirements for property tax and sales tax refunds".

     And that as so amended said bill do pass.

Respectfully submitted,
Bob Drake, Chair

MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1139 and returns the same with the recommendation that said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1016, 1104, and 1203 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1138, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1138rb

     On page 1, line 6 of the House Judiciary Committee engrossed bill, after " injury or " insert " with the intent ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 155 and 175 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Fred C. Whiting, Chair
Also MADAM PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 22 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE



MADAM PRESIDENT:

    I have the honor to return herewith SCR 3 in which the House has concurred.


Also MADAM PRESIDENT:

    I have the honor to transmit herewith HB 1127, 1149, 1176, 1188, 1233, 1234, and 1240 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,   Designating "Yesterday's Tomorrows" in the city of Madison.

    Was read the second time.

     Sen. Vitter moved that SCR 5 as found on page 303 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     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.

     SCR 6:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Belle Fourche.

    Was read the second time.

     Sen. Vitter moved that SCR 6 as found on page 303 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 6 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

     SCR 7:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Chamberlain.

    Was read the second time.

     Sen. Vitter moved that SCR 7 as found on page 304 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 7 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 7 was adopted.

     SCR 8:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Hill City.

    Was read the second time.

     Sen. Vitter moved that SCR 8 as found on page 305 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 8 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 8 was adopted.

     SCR 9:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Pierre.

    Was read the second time.

     Sen. Vitter moved that SCR 9 as found on page 305 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 9 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 9 was adopted.

     SCR 10:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in the city of Redfield and Spink County.

    Was read the second time.

     Sen. Vitter moved that SCR 10 as found on page 306 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 10 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 10 was adopted.

     SCR 11:   A CONCURRENT RESOLUTION,   Designating "Yesterday's Tomorrows" in Deadwood and the Deadwood Adams House Museum.

    Was read the second time.

     Sen. Vitter moved that SCR 11 as found on page 307 of the Senate Journal be adopted.

     The question being on Sen. Vitter's motion that SCR 11 be adopted.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Hagen; Staggers

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 11 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on SB 130 as found on page 300 of the Senate Journal ; also

     Agriculture and Natural Resources on HB 1042 as found on page 301 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1115:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the letting of township highway projects.

     Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


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

     Excused:
Bogue; Diedrich (Larry); Staggers

     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 1185:   FOR AN ACT ENTITLED, An Act to   add a representative from the South Dakota Association of Weed and Pest Supervisors to the South Dakota Weed and Pest Control Commission

     Was read the second time.

     The question being "Shall HB 1185 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Bogue; Diedrich (Larry); Staggers

     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 134:   FOR AN ACT ENTITLED, An Act to   revise the authority of the South Dakota Student Loan Corporation regarding private activity bonds.

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

     Sen. Diedtrich (Elmer) moved that SB 134 be deferred to Monday, February 4, the 20th legislative day.


     Which motion prevailed and the bill was so deferred.

     SB 164:   FOR AN ACT ENTITLED, An Act to   require damage disclosure statements for certain large boats.

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

     Sen. Diedtrich (Elmer) moved that SB 164 be deferred to Wednesday, February 6, the 22nd legislative day.

     Which motion prevailed and the bill was so deferred.

     SB 152:   FOR AN ACT ENTITLED, An Act to   allow the offer of an individual health benefit plan without certain mandates.

     Was read the second time.

152jd

     Sen. Sutton (Dan) moved that SB 152 be amended as follows:

     On page 1, line 8 of the Senate Health and Human Services Committee engrossed bill, after " 58-17-107. " insert "Any insured who chooses a policy without any or all of the required coverages shall reject such coverages in writing."

     Sen. Olson (Ed) requested that Joint Rule 5-17 be invoked on SB 152.

     Which request was supported and SB 152 with Sen. Sutton's pending motion to amend was deferred until Tuesday, February 5, the 21st legislative day.

     SB 167:   FOR AN ACT ENTITLED, An Act to   revise the contractor's excise tax provisions for a commercial power production facility.

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

     The question being on Sen. Greenfield's substitute pending motion to further amend SB 167 as found on page 293 of the Senate Journal.

     Sen. Moore requested a roll call vote.

    Which request was supported.

    The question being on Sen. Greenfield's substitute pending motion that SB 167 be further amended.

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Drake; Everist; Greenfield; Ham; Kleven; Koskan; Madden; McCracken; Olson (Ed); Putnam; Vitter; Whiting

     Nays:
de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Hagen; Hutmacher; Koetzle; McIntyre; Moore; Munson; Reedy; Sutton (Dan); Symens; Volesky

     Excused:
Diedrich (Larry); Staggers

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

     Sen. Drake moved the previous question.

     Which motion prevailed.

     The question now being "Shall SB 167 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Dennert; Diedtrich (Elmer); Drake; Everist; Greenfield; Hagen; Ham; Hutmacher; Kleven; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Sutton (Dan); Vitter; Volesky; Whiting

     Nays:
de Hueck; Duxbury; Koetzle; Symens

     Excused:
Diedrich (Larry); Staggers

     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 94:   FOR AN ACT ENTITLED, An Act to   permit the posting or display of the United States flag and giving the pledge of allegiance.

     Was read the second time.

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     Sen. Madden moved that SB 94 be further amended as follows:

     On page 1, line 8 of the Senate Education Committee engrossed bill, delete " or the national anthem " .

     On page 1 , line 8, after " given " insert "and the national anthem may be sung".
    
     On page 1 , line 8, after " day " insert "or school event".

     Which motion prevailed.

     The question being "Shall SB 94 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Bogue; Whiting

     Excused:
Diedrich (Larry); Staggers

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

     The question being on the title.

     Sen. Madden moved that the title to SB 94 be amended as follows:

     On page 1, line 1 of the Senate Education Committee engrossed bill, delete "flag" and insert "flag, giving the pledge of allegiance, and singing the national anthem."
     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     SB 5:   FOR AN ACT ENTITLED, An Act to   establish a program for teacher mentors.

     Was read the second time.

     The question being "Shall SB 5 pass?"

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

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

     Nays:
Apa; Bogue; Drake; Greenfield; Koskan; Madden

     Excused:
Diedrich (Larry); Staggers

     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 87:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to open enrollment.

     Was read the second time.

     The question being "Shall SB 87 pass?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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

     Nays:
Albers; Everist

     Excused:
Diedrich (Larry); Staggers; 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 92:   FOR AN ACT ENTITLED, An Act to   require a school board to notify the parent or guardian of each student being taught by certain teachers.

     Was read the second time.

     The question being "Shall SB 92 pass?"

     And the roll being called:

     Yeas 17, Nays 15, Excused 3, Absent 0

     Yeas:
Albers; Dennert; Duxbury; Everist; Hagen; Ham; Hutmacher; Koetzle; McIntyre; Moore; Munson; Olson (Ed); Reedy; Sutton (Dan); Symens; Vitter; Volesky

     Nays:
Apa; Bogue; Brosz; Brown (Arnold); Cradduck; Daugaard; Diedtrich (Elmer); Drake; Greenfield; Kleven; Koskan; Madden; McCracken; Putnam; Whiting

     Excused:
de Hueck; Diedrich (Larry); Staggers

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

     Sen. McIntyre announced his intention to reconsider the vote by which SB 92 was lost.

     SB 95:   FOR AN ACT ENTITLED, An Act to   revise the total amount of revenue payable to counties from taxes on real property.

     Was read the second time.

     The question being "Shall SB 95 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Staggers

     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 102:   FOR AN ACT ENTITLED, An Act to   exempt certain school districts from certain reductions in state aid to education.

     Was read the second time.

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     Sen. Olson (Ed) moved that SB 102 be amended as follows:

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

     "Section 1. That § 13-13-1.6 be amended to read as follows:

     13-13-1.6.   If two or more school districts consolidate, for a period of four years after consolidation, the newly formed district may opt to have its state aid calculated based on the school districts as they existed prior to consolidation. In years two to four, inclusive, after the consolidation of two or more school districts, the adjusted average daily memberships and the local efforts all factors relevant to the calculation of state aid pursuant to chapter 13-13 of the former districts may be based upon a pro-rata share of the adjusted average daily membership and local effort relevant factors of the newly formed district as compared to the adjusted average daily memberships and the local efforts relevant factors of the former districts in the first year. Any district that opts to benefit from this section shall notify the secretary of the Department of Education and Cultural Affairs of its intent to do so as part of its reorganization plan. A district that benefits from this section may not benefit from §   13-13-10.1 or 13-13-1.5 simultaneously, or in future years. "


     Which motion prevailed.

     The question being "Shall SB 102 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Diedrich (Larry); Staggers

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

     The question being on the title.

     Sen. Olson (Ed) moved that the title to SB 102 be amended as follows:

     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise the calculation of state aid to education for certain consolidated school districts."

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     SB 114:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to township meetings.

     Was read the second time.

     The question being "Shall SB 114 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Diedrich (Larry); Staggers; 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 183:   FOR AN ACT ENTITLED, An Act to   prohibit misleading unsolicited commercial e-mails.

     Was read the second time.

     Sen. Everist moved that SB 183, 184 and HB 1038, 1080, 1125, and 1221 be deferred to Monday, February 4, the 20th legislative day.

     Which motion prevailed and the bills were so deferred.

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

REPORTS OF STANDING COMMITTEES


MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2, after line 17 of the printed bill, insert:

     "Section 2. That § 10-47B-162 be amended to read as follows:

     10-47B-162.   A production incentive payment of twenty cents per gallon is available to ethanol producers for ethyl alcohol which is fully distilled and produced in South Dakota. To be eligible for this payment, the ethyl alcohol shall be denatured and subsequently blended with gasoline to create ethanol blend. The ethyl alcohol shall be ninety-nine percent pure and shall be distilled from cereal grains. Annual production incentive payments for any facility may not exceed one million dollars. No facility may receive any production incentive payments in an amount greater than ten million dollars. The cumulative annual production incentive payments made under this section may not exceed an amount which has been appropriated by the Legislature for this purpose and has been deposited into the ethanol fuel fund in the state treasury seven million dollars . Payments from the ethanol fuel fund shall be made on a first in time basis until the fiscal year appropriation is reached. During the month when the appropriation limit is to be reached, all claims received by month end shall be reimbursed proportionately on a pro-rata basis for each gallon claimed.

     Section 3. That § 10-47B-164 be amended to read as follows:

     10-47B-164.   Any money in the ethanol fuel fund is continuously appropriated for purposes of providing ethanol production payments to qualified ethanol producers. The department may receive and approve ethanol production incentive payment claims and authorize the issuance of payment warrants to licensed ethanol producer claimants based on claims presented by the licensees. At the end of each fiscal year, any unobligated cash in excess of one hundred thousand dollars in the ethanol fuel fund shall be transferred to the state capital construction highway fund. ".

     And that as so amended said bill do pass.

Also MADAM PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 161 and 178 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1127:   FOR AN ACT ENTITLED, An Act to   place certain safety zone restrictions on hunting in state-owned railroad rights-of-way.

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

     HB 1149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the awarding of high school diplomas to certain veterans.

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

     HB 1176:   FOR AN ACT ENTITLED, An Act to   revise the time permitted to qualify for a municipally elected office.

     Was read the first time and referred to the Committee on Local Government.

     HB 1188:   FOR AN ACT ENTITLED, An Act to   revise certain penalties for moving or obtaining a used mobile home or manufactured home without an affidavit from the county treasurer.

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


      HB 1233:   FOR AN ACT ENTITLED, An Act to   provide compensation to retailers for collecting and remitting the sales tax on a monthly basis.

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

     HB 1234:   FOR AN ACT ENTITLED, An Act to   clarify that certain political contributions to ballot question committees from association dues and funds are permitted.

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

     HB 1240:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Statewide One-Call Notification Board, to create enforcement authority for the board, and to provide for certain penalties and fines.

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

SIGNING OF BILLS


     The President publicly read the title to

     SB 22: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Rendition of Prisoners as Witnesses in Criminal Proceedings Act.

     HB 1023: FOR AN ACT ENTITLED, An Act to  provide motor carrier inspectors enforcement authority for certain violations regarding the licensing of commercial drivers.

     HB 1025: FOR AN ACT ENTITLED, An Act to  update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     HB 1026: FOR AN ACT ENTITLED, An Act to  disqualify a person from operating a commercial motor vehicle for certain traffic convictions regarding railroad crossings and to provide certain penalties.

     HB 1045: FOR AN ACT ENTITLED, An Act to  revise certain voucher approval authority for the state fire suppression special revenue fund.

     And signed the same in the presence of the Senate.

     Sen. Olson (Ed) moved that the Senate do now adjourn, which motion prevailed and at 2:31 p.m. the Senate adjourned.

Patricia Adam, Secretary