JOURNAL OF THE SENATE

SEVENTY-EIGHTH  SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, February 22, 2003

     The Senate convened at 1:00 p.m., pursuant to adjournment, Sen. Diedrich presiding.

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Aaron Meyer.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

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


MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1159 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2 of the printed bill, delete line 24 .

     On page 3 , delete lines 1 and 2 .

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     On page 1, line 11 of the printed bill, after " state " insert "general fund".

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     On page 2 of the printed bill, delete lines 13 to 15 , inclusive.

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     On page 1, line 13 of the printed bill, after " Development, " insert "President Pro Tempore of the Senate,".

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     On page 1, line 12 of the printed bill, delete " secretary of state, the " .

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     On page 2 of the printed bill, delete lines 16 to 20 , inclusive.

     And that as so amended said bill do pass.

Respectfully submitted,
Eric H. Bogue, Chair

 Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1234 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2 of the House Health and Human Services Committee engrossed bill, delete lines 11 and 12 , and insert:

    "Section 3. The terms of the members of the first commission shall be:

             (1)    One-third selected for one-year terms;

             (2)    One-third selected for two-year terms; and

             (3)    One-third selected for three-year terms.

     All subsequent terms shall be for three years. Members of the initial commission are eligible for reappointment. No commission member may serve more than two consecutive three-year terms on the commission. Persons appointed to the commission to fulfill the unexpired portion of a term shall serve for the unexpired portion of that term and may be reappointed for up to two full three-year terms."

     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth D. Albers, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 14 and 94 were delivered to his Excellency, the Governor, for his approval at 11:08 a.m., February 22, 2003.

Respectfully submitted,
Arnold M. Brown, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1079, 1141, 1173, 1192, 1196, 1210, 1235, 1247, and 1265 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 12, 59, and 67 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


    SENATE PAGE RESOLUTION 3 Introduced by: Senators Abdallah, Albers, Apa, Bogue, Brown, de Hueck, Dempster, Dennert, Diedrich, Duenwald, Duniphan, Duxbury, Earley, Greenfield, Ham, Jaspers, Kelly, Kleven, Kloucek, Knudson, Koetzle, Kooistra, Koskan, LaPointe, McCracken, Moore, Nachtigal, Napoli, Olson (Ed), Reedy, Schoenbeck, Sutton (Dan), Sutton (Duane), Symens, and Vitter

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Seventy-eighth
    Legislature of the State of South Dakota to Jordan Bauer, Jan Christensen, Jessica Fjerstad, Erin Hirning, Stacie Hunhoff, Amanda Kauer, Aaron Meyer, Danielle Schmahl, Diana Sletten, Tom Stuck, Crystal Swenby, and Eric Titze.

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

    WHEREAS, the members of the Seventy-eighth 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-eighth 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. Bogue moved that Senate Page Resolution 3 be adopted.

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

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Olson (Ed); Reedy; Schoenbeck; Sutton (Duane); Symens; Vitter

     Excused:
Napoli; Sutton (Dan)

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

     SCR 6:   A CONCURRENT RESOLUTION,   Recognizing the contribution of Helen A. Miller to the Aberdeen four-lane highway project.

    Was read the second time.

     Sen. Duane Sutton moved that SCR 6 as found on page 540 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Greenfield

     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.

     HCR 1008:   A CONCURRENT RESOLUTION,   Urging the adoption of a scientific drought relief program.

    Was read the second time.

     Sen. Koskan moved that the Senate do concur in HCR 1008 as found on page 404 of the House Journal and as amended on page 511 of the Senate Journal.

     The question being on Sen. Koskan's motion that the Senate do concur in HCR 1008 as amended.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Kloucek

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in as amended.

     HCR 1012:   A CONCURRENT RESOLUTION,   Honoring the efforts of Don Perdue in promoting the economic development of South Dakota.

    Was read the second time.

     Sen. Duniphan moved that the Senate do concur in HCR 1012 as found on page 475 of the House Journal.

     The question being on Sen. Duniphan's motion that the Senate do concur in HCR 1012.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in.

     SCR 7   Introduced by:  Senators Kloucek and Kooistra and Representative Begalka

         A CONCURRENT RESOLUTION,  Urging South Dakota State University to not move to National College Athletic Association Division I.

     WHEREAS,  South Dakota State University has established traditional rivalries with the University of South Dakota and Augustana College and other regional universities and colleges which will be abandoned by a move to Division I; and

     WHEREAS,  South Dakota State University has experienced success in Division II and has several team championships and individual champions; and

     WHEREAS,  more South Dakota students may have an opportunity to participate in athletic activities if South Dakota State University remains in Division II; and

     WHEREAS,  the transportation costs to games and events for the team and fans could substantially increase along with ticket prices if South Dakota State University moves to Division I; and

     WHEREAS,  although South Dakota State University has taken a position that it will not request more state funds, raise student fees, or transfer other school funds, the money for operating a Division I program must come from some means, and if alumni and other contributors are unable or unwilling to sustain higher levels of funding, the demand or need to raise money for added expenses may eventually become a burden for the students or state; and

     WHEREAS,  there is no Division I conference into which South Dakota State University is a likely candidate or obvious fit to participate in; and

     WHEREAS,  there is a minimum four year reclassification period for schools moving into Division I from postseason play and the wait could be longer for basketball, possibly resulting in a diminished fan base and making it difficult to recruit players:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Seventy-eighth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature urges South Dakota State University to place the students and academic standards at a higher priority than athletic activities and remain in Division II.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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


     Taxation on SB 35 as found on page 537 of the Senate Journal ; also

     State Affairs on SB 149 as found on page 531 of the Senate Journal ; also

     Judiciary on SB 177 as found on page 549 of the Senate Journal ; also

     Appropriations on SB 213 as found on page 530 of the Senate Journal ; also

     State Affairs on HB 1025 as found on page 536 of the Senate Journal ; also

     Judiciary on HB 1146 as found on page 550 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Napoli requested that HB 1142 be removed from the Consent Calendar.

     SB 95:   FOR AN ACT ENTITLED, An Act to   revise the circumstances in which motor vehicle lamps are required to be in use.

     Was read the second time.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 187:   FOR AN ACT ENTITLED, An Act to   clarify the authority of counties to grant certain utility easements for the installation of underground cable.

     Was read the second time.

     The question being "Shall SB 187 pass as amended?"


     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 1024:   FOR AN ACT ENTITLED, An Act to   revise the definition of the periods of service which qualify for veterans benefits.

     Was read the second time.

     The question being "Shall HB 1024 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 1098:   FOR AN ACT ENTITLED, An Act to   provide for the accrual and accumulation of vacation and sick leave by state employees on a semimonthly basis.

     Was read the second time.

     The question being "Shall HB 1098 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 1180:   FOR AN ACT ENTITLED, An Act to   repeal the effective date for the sunsetting of certain provisions related to insurance taxes and to revise certain provisions related to policies having cash surrender values exceeding one million dollars.

     Was read the second time.

     The question being "Shall HB 1180 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 1237:   FOR AN ACT ENTITLED, An Act to   provide for the correction of certain taxation errors by political subdivisions.

     Was read the second time.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter


     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 62:   FOR AN ACT ENTITLED, An Act to   increase the tax on alcoholic beverages and to declare an emergency.

     Was read the second time.

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     Sen. Moore moved that SB 62 be amended as follows:

     On page 2, between lines 12 and 13 of the printed bill, insert:

    "Section 2. The additional revenue received by the state pursuant to the additional tax imposed on alcoholic beverages by this Act shall be dedicated to increasing the state aid to elementary and secondary education through the per student allocation."


     Sen. Moore requested a roll call vote.

    Which request was supported.

    The question being on Sen. Moore's motion that SB 62 be amended.

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent 0

     Yeas:
Dennert; Duxbury; Kloucek; Koetzle; Kooistra; Moore; Nachtigal; Reedy; Sutton (Dan); Symens

     Nays:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Diedrich (Larry); Duenwald; Duniphan; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Knudson; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane); Vitter

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

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent 0

     Yeas:
Bogue; Brown; de Hueck; Dempster; Duenwald; Ham; Knudson; McCracken; Schoenbeck; Vitter

     Nays:
Abdallah; Albers; Apa; Dennert; Diedrich (Larry); Duniphan; Duxbury; Earley; Greenfield; Jaspers; Kelly; Kleven; Kloucek; Koetzle; Kooistra; Koskan; LaPointe; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Sutton (Dan); Sutton (Duane); Symens

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

     SB 102:   FOR AN ACT ENTITLED, An Act to   limit certain liquor license renewal fees.

     Was read the second time.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     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 196:   FOR AN ACT ENTITLED, An Act to   establish a presumption regarding occupational diseases affecting firefighters.

     Was read the second time.

     The question being "Shall SB 196 pass as amended?"

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

     Yeas:
Abdallah; de Hueck; Dempster; Dennert; Duxbury; Kleven; Kloucek; Koetzle; Kooistra; Moore; Nachtigal; Reedy; Schoenbeck; Sutton (Dan); Symens; Vitter

     Nays:
Albers; Apa; Bogue; Brown; Diedrich (Larry); Duenwald; Duniphan; Earley; Greenfield; Ham; Jaspers; Kelly; Knudson; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Sutton (Duane)

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

     SB 35:   FOR AN ACT ENTITLED, An Act to   revise the definition of gross receipts for sales and use taxes.

     Was read the second time.

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     Sen. Knudson moved that SB 35 be further amended as follows:

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

    "Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     Any rebate, buy down, credit, or other payment received by a retailer from a manufacturer, wholesaler, or other person who is not the purchaser of the sale of a product or service does not constitute gross receipts subject to the tax imposed by this chapter.

     Section 2. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     Any payment, including money, credits, property, or other consideration from a wholesaler, manufacturer, or other person for preferential display or placement of a service or a product does not constitute gross receipts subject to the tax imposed by this chapter.

     Section 3. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

     Any rebate, buy down, credit, or other payment received by a retailer from a manufacturer, wholesaler, or other person who is not the purchaser of the sale of a product or service does not constitute gross receipts subject to the tax imposed by this chapter.

     Section 4. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

     Any payment, including money, credits, property, or other consideration from a wholesaler, manufacturer, or other person for preferential display or placement of a service or a product does not constitute gross receipts subject to the tax imposed by this chapter."

     Which motion prevailed.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Apa; Earley; Kooistra

     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 149:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the sale or marketing of unstamped cigarettes.

     Was read the second time.

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     Sen. Knudson moved that SB 149 be further amended as follows:

     On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 11 to 14 , inclusive, and insert:

    "A violation of this section is a Class 2 misdemeanor. Any subsequent violation is a Class 6 felony. "


     Which motion prevailed.

     The question being "Shall SB 149 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Apa; Greenfield; Napoli

     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 177:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to contested cases under the Administrative Procedures Act and the Office of Hearing Examiners.

     Was read the second time.

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     Sen. Knudson moved that SB 177 be further amended as follows:

     On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 11 to 17 , inclusive.

     Which motion lost.

     The question being "Shall SB 177 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Diedrich (Larry); Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; LaPointe; McCracken; Moore; Nachtigal; Napoli; Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
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.


      SB 213:   FOR AN ACT ENTITLED, An Act to   prohibit hunting on certain school and public lands containing unharvested crops.

     Was read the second time.

213td

     Sen. Jaspers moved that SB 213 be further amended as follows:

     On page 1, line 7 of the Senate Appropriations Committee engrossed bill, after " lands " insert ", unless specified in the agricultural lease".

     Which motion lost.

     Sen. Dennert moved that SB 213 be laid on the table.

     The question being on Sen. Dennert's motion that SB 213 be laid on the table.

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent 0

     Yeas:
Abdallah; de Hueck; Dennert; Duxbury; Kloucek; Koetzle; Kooistra; Moore; Nachtigal; Reedy; Sutton (Dan); Symens

     Nays:
Albers; Apa; Bogue; Brown; Dempster; Diedrich (Larry); Duenwald; Duniphan; Earley; Greenfield; Ham; Jaspers; Kelly; Kleven; Knudson; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane); Vitter

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

     The question being "Shall SB 213 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bogue; Brown; Diedrich (Larry); Duenwald; Duniphan; Greenfield; Ham; Jaspers; Kleven; Knudson; Koskan; LaPointe; McCracken; Napoli; Olson (Ed); Schoenbeck; Vitter

     Nays:
Abdallah; de Hueck; Dempster; Dennert; Duxbury; Earley; Kelly; Kloucek; Koetzle; Kooistra; Moore; Nachtigal; Reedy; Sutton (Dan); Sutton (Duane); 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.

     Sen. Knudson moved that the question on the title of SB 35 be reconsidered.

     Which motion prevailed unanimously.

     The question being on the title.

     Sen. Knudson moved that the title to SB 35 be amended as follows:

     On page 1, line 1 of the Senate Taxation Committee engrossed bill, delete " revise the definition of gross receipts for " and insert "exempt certain gross receipts from".

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1079:   FOR AN ACT ENTITLED, An Act to   revise certain eligibility restrictions related to secondary school extracurricular activities.

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

     HB 1141:   FOR AN ACT ENTITLED, An Act to   require computer voice stress analyzer examiners to be licensed.

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

     HB 1173:   FOR AN ACT ENTITLED, An Act to   create a constitutional revision commission to make a comprehensive study of the Constitution of this state and to consider and recommend legislation for the improvement of the Constitution.

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

     HB 1192:   FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing certain agricultural property.

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

     HB 1196:   FOR AN ACT ENTITLED, An Act to   provide for the periodic review of the agencies of state government.

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

     HB 1210:   FOR AN ACT ENTITLED, An Act to   allow for a nursing facility to be constructed on an American Indian reservation under certain circumstances.

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

     HB 1235:   FOR AN ACT ENTITLED, An Act to   provide for the taxation of wind energy property in South Dakota.

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

     HB 1247:   FOR AN ACT ENTITLED, An Act to   provide for the funding of certain court appointed special advocate grant programs and to establish the Court Appointed Special Advocates Commission.

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

     HB 1265:   FOR AN ACT ENTITLED, An Act to   revise certain rules with regard to school social workers.

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

     Sen. Bogue moved that HB 1182, 1209, and 1242 be deferred to Monday, February 24, the 29th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do now adjourn, which motion prevailed and at 3:32 p.m. the Senate adjourned.

Patricia Adam, Secretary