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-fifth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
On page 2, line 11, of the printed bill, after "Park" delete "improvement" and insert "bond
redemption".
On page 2, between lines 1 and 2 of the printed bill, insert:
"Section 3. That section 13 of chapter 27 of the 2008 Session Laws be amended to read as
follows:
(1) Regents Central Office
Operating Expenses, Other Funds, delete "$34,935,943" and insert "$36,365,943"
Adjust all totals accordingly.
(5) South Dakota State University Proper
Operating Expenses, Other Funds, delete "$51,907,708" and insert "$53,412,086"
Adjust all totals accordingly.
(7) Agriculture Experiment Station
Operating Expenses, Other Funds, delete "$5,601,541" and insert "$5,874,556"
Adjust all totals accordingly.
(11) Dakota State University
Personal Services, Other Funds, delete "$7,948,306" and insert "$8,708,306"
Operating Expenses, Other Funds, delete "$8,506,760" and insert "$9,546,760"
Adjust all totals accordingly."
On the printed bill, delete everything after the enacting clause and insert:
"Section 1. That
§
57A-9-523
be amended to read as follows:
57A-9-523.
(a) If a person that files a written record requests an acknowledgment of the
filing, the filing office shall send to the person an image of the record showing the number
assigned to the record pursuant to § 57A-9-519(a)(1) and the date and time of the filing of the
record. However, if the person furnishes a copy of the record to the filing office, the filing office
may instead:
(1)
Note upon the copy the number assigned to the record pursuant to § 57A-9-519(a)(1)
and the date and time of the filing of the record; and
(2)
Send the copy to the person.
(2)
The number assigned to the record pursuant to § 57A-9-519(a)(1); and
(3)
The date and time of the filing of the record.
(1)
Whether there is on file on a date and time specified by the filing office, but not a
date earlier than three business days before the filing office receives the request, any
financing statement that:
(A)
Designates a particular debtor or, if the request so states, designates a
particular debtor at the address specified in the request;
(B)
Has not lapsed under § 57A-9-515 with respect to all secured parties of record;
and
(C)
If the request so states, has lapsed under § 57A-9-515 and a record of which
is maintained by the filing office under § 57A-9-522(a);
(2)
The date and time of filing of each financing statement; and
(3)
The information provided in each financing statement.
However, if the financing
statement contains a social security or employer identification number which has not
been supplied by the person requesting the information, such number shall be
redacted prior to providing the information. In the case of financing statements
recorded in the office of the register of deeds, the requirement for redaction of social
security or employer identification numbers only applies to financing statements
recorded after July 1, 2009.
A computer printout from the centralized computer system established by the secretary of
state constitutes the certificate of the secretary of state as to whether there is on file, on the date
and hour stated thereon, a financing statement covering the following collateral: farm products
or accounts, or livestock, or general intangibles arising from or relating to the sale of farm
products by a farmer, or crops growing or to be grown, or equipment used in farming operations.
The secretary of state shall, upon a telephone request, furnish to any person, company, or
corporation, information as to whether a financing statement describing farm collateral has been
filed in the Office of the Secretary of State and, if such financing statement has been filed, the
secretary of state shall also furnish the name and business address of the secured creditor.
However, the secretary of state need not answer telephone inquiries in writing nor send written
confirmation from a telephone request. The secretary of state is not responsible for accuracy and
completeness of the information furnished verbally in response to a telephone request.
The
secretary of state shall provide a toll-free telephone number to provide access for telephone
requests.
(e) The filing office shall perform the acts required by subsections (a) through (d) at the time
and in the manner prescribed by filing-office rule, but not later than two business days after the
filing office receives the request.
"
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "require the
redaction of certain numbers before furnishing copies of information."
On page 5 of the printed bill, delete lines 10 to 24, inclusive, and insert:
"Section 9. That
§
10-47B-4
be amended to read as follows:
10-47B-4.
The fuel excise tax rates for the tax imposed by this chapter are as follows:
(1)
Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)--
$.22
$.25
per gallon;
(1)
Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)--
$.22
$.28
per gallon;
On page 4 of the printed bill, delete lines 5 to 8, inclusive, and insert:
"Section 6. That
§
32-5-30
be amended to read as follows:
32-5-30.
If any noncommercial motor vehicle, according to the manufacturer's model year
designation, is
five
fifteen
years old or more on January first of the year for which a license fee
is required, such fee shall be
seventy
eighty
percent of the fee ordinarily prescribed.
"
On page 1, line 1, of the printed bill, delete everything after "and" and insert "to increase
the fuel excise tax on certain fuel used by motor vehicles."
On page 2, line 10, of the printed bill, overstrike "Obtaining or attempting" and insert "
The
licensee obtains or attempts
".
On the printed bill, delete everything after the enacting clause and insert:
(1)
"Proof of age," a driver's license, nondriver identification card, or other generally
accepted means of identification that contains a picture of the individual and appears
on its face to be valid;
(2)
"Sample," tobacco products distributed to members of the general public at no cost
for purposes of promoting the product;
(3)
"Sampling," the distribution of samples to members of the general public in a public
place;
(5)
"Tobacco product," any item made of tobacco intended for human consumption,
including cigarettes, cigars, pipe tobacco, and smokeless tobacco
;
(1)
To knowingly sell or distribute a tobacco product to a person under the age of
eighteen;
(2)
To purchase or attempt to purchase, to receive or attempt to receive, to possess, or
to consume a tobacco product if a person is under the age of eighteen;
(3)
To purchase a tobacco product on behalf of, or to give a tobacco product to, any
person under the age of eighteen;
(4)
To sell cigarettes other than in an unopened package originating with the
manufacturer and depicting the warning labels required by federal law;
(5)
To sell tobacco products through a vending machine located in a place other than the
following:
(a)
A factory, business, office, or other place not open to the general public;
(b)
A place that is open to the public but to which persons under the age of
eighteen are denied access;
or
(c)
An establishment licensed under chapter 35-4 to sell alcoholic beverages for
consumption on the premises where sold;
(a) A vending machine permitted under subdivision (5) of this section; or
(7)
To distribute tobacco product samples in or on a public street, sidewalk, or park that
is within five hundred feet of a playground, school, or other facility when the facility
is being used primarily by persons under the age of eighteen.
"
On the previously adopted amendment (100sa), in Section 1, subdivision (4), after
"
contains
" delete "
tobacco products
" and insert "
cigarettes or smokeless tobacco, or both,
" and
after "
access
" delete "
tobacco products
" and insert "
cigarettes or smokeless tobacco, or both,
".
On the previously adopted amendment (100sa), in Section 2, subdivision (6), delete
"
tobacco products
" and insert "
cigarettes or smokeless tobacco, or both,
".
On page 1, line 1, of the printed bill, delete "taxation" and insert "sale".
On page 2, line 2, of the printed bill, delete "city" and insert "municipality".
On page 2, line 24, after "." insert "Use of funds as needed for criminal
investigatory/confidential informant purposes is not subject to this section, but any budgetary
information summarizing total sums used for such purposes is public. Records which, if
disclosed, would impair present or pending contract awards or collective bargaining negotiations
are exempt from disclosure."
On page 3, line 15, delete everything after "(2)" and insert "Medical records, including all
records of a drug or alcohol testing, treatment, or counseling, other than records of births and
deaths. This law in no way abrogates or changes existing state and federal law pertaining to birth
and death records;".
On page 3, line 19, delete everything after "(4)" and insert "Records which consist of
attorney work product or which are subject to any privilege recognized in chapter 19-13;".
On page 4, line 5, after "person" insert ", and this subdivision does not apply to a 911
recording or a transcript of a 911 recording, if the agency or a court determines that the public
interest in disclosure outweighs the interest in nondisclosure. This law in no way abrogates or
changes
§
§
23-5-7 and 23-5-11 or testimonial privileges applying to the use of information from
confidential informants".
On page 4, line 17, after ";" insert "or any blueprints, building plans, or infrastructure
records regarding any building or facility owned, operated, or occupied by a government entity
that expose or create vulnerability through disclosure of the location, configuration, or security
of critical systems;".
On page 5, line 1, delete "With respect to public utilities, personally" and insert
"Personally".
On page 6, line 15, after "dates;" insert "passport numbers, driver license numbers; or other
personally identifying numbers or codes;".
On page 6, delete line 16, and insert "governments by citizens or held by state and local
governments regarding employees or contractors;".
On page 6, delete line 17, and insert:
"(17) Any emergency or disaster response plans or protocols, safety or security audits or
reviews, or lists of emergency or disaster response personnel or material; any
location or listing of weapons or ammunition; nuclear, chemical, or biological
agents; or other military or law enforcement equipment or personnel;
(18) Any test questions, scoring keys, results, or other examination data for any
examination to obtain licensure, employment, or academic credit;
(19) Personal correspondence, memoranda, notes, calendars or appointment logs, or other
personal records or documents of any public official or employee used solely for that
official's or employee's own personal use and having no official purpose;
(20) Any document declared closed or confidential by court order, contract, or stipulation
of the parties to any civil or criminal action or proceeding;
(21) Any list of names or other personally identifying data of occupants of camping
facilities from the Department of Game, Fish and Parks;
(22) Any other confidential or closed record under state statute or as provided by federal
statutes or rules or as necessary to participate in federal programs and benefits."
On page 6, line 23, after "data" insert "invented, discovered, authored, developed, or".
On page 7, line 9, delete everything after "(5)" and insert "Financial and commercial
information, including related legal assistance and advice, supplied to or developed by the state
investment council or the division of investment if the information relates to investment
strategies or research, potential investments, or existing investments of public funds;".
Each government entity or elected or appointed government official shall, during normal
business hours, make available to the public for inspection and copying in the manner set forth
in this chapter all official records held by that entity or official."
The provisions of this chapter do not apply to records and documents of the Unified Judicial
System.
Section 19. That
§
23-5-11
be amended to read as follows:
23-5-11.
The provisions of § 1-27-1 do not apply to confidential criminal justice
information.
Information about calls for service revealing the date, time, and general location
and general subject matter of the call is not confidential
criminal justice
information and may
be released to the public, at the discretion of the executive of the law enforcement agency
involved, unless the information contains intelligence or identity information that would
jeopardize an ongoing investigation. The provisions of this section do not supersede more
specific provisions regarding public access or confidentiality elsewhere in state or federal law.
"
On the printed bill, delete everything after the enacting clause and insert:
"Section 1. That
§
43-13-17
be amended to read as follows:
43-13-17.
Any property owner may grant a wind easement in the same manner and with
the same effect as a conveyance of an interest in real property. The easement shall be created
in writing
,
and
the documents referenced in
§
43-13-16
shall be filed, duly recorded, and
indexed in the office of the register of deeds of the county in which the easement is granted.
Any
wind easement not filed within six months from the date of execution is void.
Any
such
wind
easement runs with the land or lands benefited and burdened and terminates upon the conditions
stated in the easement, except that the term of any such easement may not exceed fifty years.
Any
such
wind
easement is void if no development of the potential to produce energy from wind
power associated with the easement has occurred within five years after the easement began.
Any payments associated with the granting or continuance of any
such
wind
easement shall be
made on an annual basis to the owner of record of the real property at the time the payment is
made.
"
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise
certain provisions relating to wind easements."
On page 1, line 9, of the printed bill, delete "energy generation facilities,".