2009 Session - Senate Journals

The President introduced Whitney Jencks, Arlington, South Dakota Girls State Governor, and Tyler Littau, Carter, South Dakota Boys State Governor to the body.

HONORED GUESTS

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

The Committee on Judiciary respectfully reports that it has had under consideration HB 1158 and returns the same with the recommendation that said bill do pass.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1103, 1122, 1123, and 1138 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on Judiciary respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill be amended as follows:

1090jb

On page 1, line 4, of the House engrossed bill, after "divinorum" insert "or salvinorin A".

On page 1, line 5, delete "of Salvia divinorum or less" and insert "or less of Salvia divinorum or salvinorin A".

On page 1, line 6, after "divinorum" insert "or salvinorin A".

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On page 1, line 1, of the House engrossed bill, after "divinorum" insert "or salvinorin A".

And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

The Committee on Commerce respectfully reports that it has had under consideration HB 1057 and returns the same with the recommendation that said bill do pass.

The Committee on Commerce respectfully reports that it has had under consideration HB 1205 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Commerce respectfully reports that it has had under consideration HB 1050 and returns the same with the recommendation that said bill be amended as follows:

1050ja

On page 25, line 2, of the printed bill, delete "shall" and insert "are confidential and privileged, are not subject to § 1-26-2, 1-27-1, or 58-2-26, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action."

On page 25, delete lines 3 to 5, inclusive.

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Russell Olson, Chair

The Committee on Education respectfully reports that it has had under consideration HB 1282 which was tabled.

Respectfully submitted,
Cooper Garnos, Chair

The Committee on Education respectfully reports that it has had under consideration HB 1241 which was deferred to the 41^st Legislative Day.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1152.

I have the honor to return herewith SCR 4 in which the House has concurred.

I have the honor to transmit herewith HB 1009, 1037, 1038, 1074, 1149, 1211, 1237, 1240, 1253, 1275, 1276, 1297, and 1301 which have passed the House and your favorable consideration is respectfully requested.

I have the honor to transmit herewith HCR 1010 and 1011 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that SB 201 be placed to precede SB 191 on today's calendar.

Sen. Knudson moved that the rules be suspended for the sole purpose of allowing a motion under Joint Rule 7-7 to be made to compel the Judiciary Committee to deliver SB 148 to the floor and that SB 148 then be placed on the calendar of Wednesday, February 25, the 29^th legislative day.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of allowing a motion under Joint Rule 7-7 to be made to compel the Judiciary Committee to deliver SB 148 to the floor and that SB 148 then be placed on the calendar of Wednesday, February 25, the 29^th legislative day.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Gray

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

HCR 1010: A CONCURRENT RESOLUTION, Urging the President of the United States and Congress to restore funding to the federal Indian Jobs Placement Program (15.061), as listed in the Catalog of Federal Domestic Assistance (CFDA), which is an Employment Assistance program created for the purposes of job development, social adjustment guidance, counseling, and referrals to job training programs, and other assistance programs through the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

Was read the first time, the President waived the referral to committee, and placed HCR 1010 on the calendar of Wednesday, February 25, the 29^th legislative day.

HCR 1011: A CONCURRENT RESOLUTION, Urging the President of the United States and Congress to fund the National Tribal Cultural Resources Database, as set forth on Wednesday, 27 October 2004, in a Memorandum of Understanding (MOU) between the United States Geological Survey (USGS) located in Reston, Virginia, and the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

Was read the first time, the President waived the referral to committee, and placed HCR 1011 on the calendar of Wednesday, February 25, the 29^th legislative day.

SCR 6: A CONCURRENT RESOLUTION, Supporting certain health screening programs sponsored by the South Dakota Lions Foundation.

Was read the second time.

Sen. Kloucek moved that SCR 6 as found on page 506 of the Senate Journal be adopted.

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

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gray

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.

Yesterday, Sen. Adelstein announced his intention to reconsider the vote by which SB 153 lost.

Sen. Adelstein moved that the Senate do now reconsider the vote by which SB 153 lost.

The question being on Sen. Adelstein's motion to reconsider the vote by which SB 153 lost.

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry

Nays:
Gant; Hansen (Tom); Haverly; Howie; Rhoden; Schmidt; Vehle

Excused:
Gray

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 153 was up for reconsideration and final passage.

SB 153: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates.

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

The question being "Shall SB 153 pass as amended?"

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Fryslie; Garnos; Gray; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Tieszen; Turbak Berry

Nays:
Brown; Gant; Gillespie; Hansen (Tom); Haverly; Howie; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Vehle

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.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Adelstein moved that the word NOT be stricken from the report of the Committee on Health and Human Services on SB 134 as found on page 520 of the Senate Journal and that SB 134 be immediately reconsidered.

The question being on Sen. Adelstein's motion that the word NOT be stricken from the report of the Committee on Health and Human Services on SB 134 and that SB 134 be immediately reconsidered.

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Adelstein; Ahlers; Bradford; Gillespie; Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Nelson; Nesselhuf; Turbak Berry; Vehle

Nays:
Abdallah; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Kloucek; Maher; Miles; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen

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

Sen. Knudson moved that the reports of the Standing Committee on

Taxation on SB 199 as found on page 502 of the Senate Journal ; also

Taxation on HB 1215 as found on page 504 of the Senate Journal be adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1009: FOR AN ACT ENTITLED, An Act to require certain tax refund claims for construction projects and certain documents and records in support of tax refund claims for construction projects to be filed within certain time periods.

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

HB 1037: FOR AN ACT ENTITLED, An Act to increase the fees for mailing motor vehicle license plates and decals and to impose a fee for the reassignment of a license plate.

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

HB 1038: FOR AN ACT ENTITLED, An Act to increase the license fees for coin-operated washers and dryers, to increase the brand registration fees on certain alcoholic beverages, to increase the fees for certain malt beverage and wine licenses, and to revise the distribution of certain malt beverage and wine license fees.

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

HB 1074: FOR AN ACT ENTITLED, An Act to increase certain expenditure authority previously granted to the Board of Regents, to designate circumstances in which such authority may be used, to appropriate funds therefor, and to declare an emergency.

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

HB 1149: FOR AN ACT ENTITLED, An Act to allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

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

HB 1211: FOR AN ACT ENTITLED, An Act to revise the time frame and requirements for certain alcoholic beverage licensees to provide on-sale service of alcoholic beverages on Sunday.

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

HB 1237: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain property and sales tax refunds for elderly persons and persons living with a disability.

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

HB 1240: FOR AN ACT ENTITLED, An Act to prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

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

HB 1253: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding administration of the catastrophic county poor relief fund.

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

HB 1275: FOR AN ACT ENTITLED, An Act to authorize electronic bingo devices.

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

HB 1276: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application for tax refunds for the construction of certain agricultural processing and new business facilities.

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

HB 1297: FOR AN ACT ENTITLED, An Act to restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.

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

HB 1301: FOR AN ACT ENTITLED, An Act to create the South Dakota Ellsworth Development Authority.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a private applicator of pesticides becoming a qualified driver for the purpose of motor carrier safety.

The question being "Shall HB 1126 pass?"

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

Excused:
Turbak Berry

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 201: FOR AN ACT ENTITLED, An Act to increase certain fees on motor vehicles and to increase the fuel excise tax on certain fuel used by motor vehicles.

Sen. Vehle moved that SB 201 be further amended as follows:

201od

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

" Section 1. That § 32-5-6 be amended to read as follows:

32-5-6. License fees and compensation on a noncommercial motor vehicle which is an automobile, pickup truck, or van as provided by § 32-5-5, shall be determined by the manufacturer's shipping weight, including accessories, as follows:

(1) Two thousand pounds or less, inclusive, thirty dollars and one cent ;

(2) From 2,001 to 4,000 pounds, inclusive, forty-two dollars and one cent ;

(3) From 4,001 to 6,000 pounds, inclusive, fifty-five dollars and one cent ;

(4) Over 6,000 pounds, sixty-five dollars and one cent .

Section 2. That § 32-5-6.1 be amended to read as follows:

32-5-6.1. License fees for any noncommercial motor home shall be determined by the manufacturer's shipping weight, including accessories, as follows:

(1) Six thousand pounds or less, inclusive, sixty dollars and one cent ;

(2) From 6,001 to 8,000 pounds, inclusive, eighty dollars and one cent ;

(3) From 8,001 to 10,000 pounds, inclusive, one hundred dollars and one cent ;

(4) For each additional 2,000 pounds or major fraction thereof, in excess of 10,000 pounds, twenty dollars.

For the purposes of this section, a motor home is a vehicle designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.

Section 3. That § 32-5-6.3 be amended to read as follows:

32-5-6.3. License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

(1) Eight thousand pounds or less, inclusive, fifty-five dollars and one cent ;

(2) For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;

(3) For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;

(4) For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;

(5) For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed. If the owner chooses to lower the registered weight, the plate shall be returned along with any validation decal and a new plate issued with the correct registered weight.

Section 4. That § 32-5-8 be amended to read as follows:

32-5-8. License fees and compensation for any recreational vehicle as defined in § 32-3-1 or for any noncommercial trailer and semitrailer, for use of the highways payable under § 32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to § 32-5-6, shall be determined upon the basis of their actual weight as follows:

(1) One thousand pounds or less, inclusive, ten dollars and one cent ;

(2) From 1,001 to 2,000 pounds, inclusive, twenty dollars and one cent ;

(3) From 2,001 to 3,000 pounds, inclusive, thirty-five dollars and one cent ;

(4) From 3,001 to 4,000 pounds, inclusive, forty-five dollars and one cent ;

(5) From 4,001 to 5,000 pounds, inclusive, fifty-five dollars and one cent ;

(6) From 5,001 to 6,000 pounds, inclusive, sixty-five dollars and one cent ;

(7) From 6,001 to 7,000 pounds, inclusive, seventy-five dollars and one cent ;

(8) From 7,001 to 8,000 pounds, inclusive, eighty-five dollars and one cent ;

(9) From 8,001 to 9,000 pounds, inclusive, ninety-five dollars and one cent ;

(10) From 9,001 to 10,000 pounds, inclusive, one hundred five dollars and one cent ;

(11) For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds, ten dollars.

Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial motor vehicle licensed pursuant to § 32-5-8.1 or a commercially licensed motor vehicle if the motor vehicle is registered at a gross weight to cover the weight of the trailer and its load.

Section 5. That § 32-5-9 be amended to read as follows:

32-5-9. License fees and compensation for use of the highways payable under § 32-5-5 shall be: nine dollars and ~~fifty~~ fifty-one cents for motorcycles with a piston displacement of less than three hundred fifty cubic centimeters and twelve dollars one cent for motorcycles with a piston displacement of three hundred fifty cubic centimeters or more.

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 years old or more on January first of the year for which a license fee is required, such fee shall be ~~seventy~~ seventy-one percent of the fee ordinarily prescribed.

Section 7. That § 32-9-15 be amended to read as follows:

32-9-15. In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor vehicle fee as follows, to the county treasurer of the county of which he the person is a resident, if a carrier of property; or to the Department of Revenue and Regulation, if he the person is not a resident of this state:

(1) Gross weight under 4000 pounds, eighty-five dollars;

(2) Gross weight of 4001 to 6000 pounds, one hundred dollars;

(3) Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;

(4) Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;

(5) Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;

(6) Gross weight of 12,001 to 14,000 pounds, one hundred seventy-five dollars;

(7) Gross weight of 14,001 to 16,000 pounds, two hundred dollars;

(8) Gross weight of 16,001 to 18,000 pounds, two hundred twenty-five dollars;

(9) Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;

(10) For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, forty dollars.

(11) For each vehicle or combination of vehicles as defined in § 32-22-10 with a gross weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule above.

If any commercial motor vehicle, according to the manufacturer's model year designation, is five years old or more on January first of the year for which a license fee is required, that fee is ~~ninety~~ ninety-one percent of the fee ordinarily prescribed.

Section 8. 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~~ $.2200003 per gallon;

(2) Special fuel (except jet fuel)-- ~~$.22~~ $.2200003 per gallon;

(3) Ethanol blends--$.20 per gallon;

(4) Aviation gasoline--$.06 per gallon;

(5) Jet fuel--$.04 per gallon;

(6) E85 and M85--$.10 per gallon;

(7) E85 and M85 used in aircraft--$.04 per gallon;

(8) Liquid petroleum gas-- ~~$.20~~ $.2000003 per gallon;

(9) Compressed natural gas-- ~~$.10~~ $.1000003 per gallon. "

The question being "Shall SB 201 pass as amended?"

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Adelstein; Bartling; Bradford; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Abdallah; Ahlers; Brown; Gant; Gillespie; Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Peterson

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

Sen. Vehle announced his intention to reconsider the vote by which SB 201 lost.

SB 191: FOR AN ACT ENTITLED, An Act to establish eligibility criteria, community planning processes, and quality benchmarks for state-supported prekindergarten programs.

The question being "Shall SB 191 pass?"

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Peterson; Turbak Berry; Vehle

Nays:
Brown; Fryslie; Gant; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Kloucek; Maher; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen

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 50: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009.

Sen. Bartling moved that SB 50 be further amended as follows:

50mc

On page 2 of the Senate Appropriations Committee engrossed bill, delete lines 22 to 24, inclusive, and insert:

"Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Sen. Heidepriem requested a roll call vote.

Which request was supported.

The question being on Sen. Bartling's motion that SB 50 be further amended.

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

Nays:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

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 50 pass as amended?"

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hundstad; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

Nays:
Ahlers; Bartling; Gillespie; Hanson (Gary); Heidepriem; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

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 100: FOR AN ACT ENTITLED, An Act to revise the method of sale of certain tobacco products.

The question being "Shall SB 100 pass as amended?"

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

Nays:
Maher

Excused:
Ahlers; Turbak Berry

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 147: FOR AN ACT ENTITLED, An Act to provide for public access to public records, to provide certain exemptions, and to provide for judicial remedies for noncompliance.

Sen. Knudson moved that SB 147 be further amended as follows:

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On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 4 to 11, inclusive, and insert:

"Section 1. That § 1-27-1 be amended to read as follows:

1-27-1. If the keeping of a record, or the preservation of a document or other instrument is required of an officer or public servant under any statute of this state, the officer or public servant shall keep the record, document, or other instrument available and open to inspection by any person during normal business hours. Any employment examination or performance appraisal record maintained by the Bureau of Personnel is excluded from this requirement.

Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.

~~Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor.~~ Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in section 2 of this Act, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.

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 public records held by that entity or official. "

On page 2, line 5, after "." insert "For the purposes of this Act, a tax-supported district includes any business improvement district created pursuant to chapter 9-55."

On page 3, line 19, delete everything after "," and insert "the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution or laboratory funded in whole or in part by the state".

On page 3, line 20, delete "unpublished".

On page 3, line 21, after "would" insert "infringe intellectual property rights,".

On page 3, line 21, after "competitors" insert ",".

On page 6, line 5, after "(15)" insert "Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;".

On page 6, between lines 23 and 24, insert:

"(22) Records which, if disclosed, would constitute an unreasonable release of personal information;

(23) Records which, if released, could endanger the life or safety of any person;

(24) Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and § 1-26-21;

(25) Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C;

(26) Records regarding inmate disciplinary matters pursuant to § 1-15-20; and".

On page 6, line 24, delete "(22)" and insert "(27)".

On page 7, line 8, delete "within five years of the request for disclosure".

On page 8, between lines 2 and 3, insert:

"(7) Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;".

On page 8, line 3, delete "(7)" and insert "(8)".

On page 8, delete lines 16 to 20, inclusive.

On page 9, line 8, delete " a " and insert " any ".

On page 10, line 6, after "official" insert "or employee".

On page 11, line 13, before "Information" insert " Confidential criminal justice information and criminal history information are specifically exempt from disclosure pursuant to this Act and may be withheld by the lawful custodian of the records. "

On page 11, line 14, remove the overstrikes from " ~~criminal justice~~ ".

On page 11, after line 18, insert:

"Section 20. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate's attorney requesting information that is subject to disclosure under this chapter.

Section 21. That § 1-15-20.1 be amended to read as follows:

1-15-20.1. For the purposes of § 1-15-20 and chapter 1-27 , an inmate is any person, adult, or juvenile, who has been sentenced or committed to or placed in a facility or program under the control of the Department of Corrections pursuant to § 1-15-1.4.

Section 22. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

This chapter does not require the redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds prior to July 1, 2010."

Sen. Gant moved that SB 147 be further amended as follows:

147fa

On page 11, after line 18 of the Senate State Affairs Committee engrossed bill, insert:

"Section 20. The Governor may, by executive order, suspend the right of the public to access any defined class of public information that would otherwise be opened by the provisions of this Act. The suspension shall be effective until the next succeeding July first following an interceding legislative session."

Sen. Gillespie requested a roll call vote.

Which request was supported.

The question being on Sen. Gant's motion that SB 147 be further amended.

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Brown; Fryslie; Gant; Garnos; Haverly; Howie; Nelson; Olson (Russell); Schmidt; Vehle

Nays:
Abdallah; Ahlers; Bartling; Dempster; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Tieszen; Turbak Berry

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 147 pass as amended?"

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Schmidt

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 159: FOR AN ACT ENTITLED, An Act to require the redaction of certain numbers before furnishing copies of information.

The question being "Shall SB 159 pass as amended?"

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

Excused:
Nelson; Schmidt

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 160: FOR AN ACT ENTITLED, An Act to revise the grounds for which a license of an athletic trainer may be revoked, suspended, or canceled.

Sen. Hansen (Tom) moved that SB 160 be further amended as follows:

160jf

On page 2, line 14, of the Senate Health and Human Services Committee engrossed bill, delete " organization " and insert " entity ".

The question being "Shall SB 160 pass as amended?"

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry

Nays:
Abdallah; Gant; Haverly; Hunhoff (Jean); Miles; Nelson; Vehle

Excused:
Gillespie

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.

The President Pro Tempore now presiding.

SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to wind easements.

Sen. Peterson moved that SB 169 be further amended as follows:

169tf

On page 1 of the Senate State Affairs Committee engrossed bill, delete line 6, and insert "writing and shall be ~~filed,~~ duly recorded , and indexed".

On page 1, line 8, delete " filed " and insert " recorded ".

The question being "Shall SB 169 pass as amended?"

The President now presiding.

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Adelstein

Excused:
Gillespie

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 184: FOR AN ACT ENTITLED, An Act to require the terms of wind easements or options to accommodate other easements for essential services.

Sen. Knudson moved that SB 184 be further amended as follows:

184ob

On page 1, line 6, of the Senate State Affairs Committee engrossed bill, delete "wind".

On page 1, line 6, after "easement" insert "for wind or essential services".

On page 1, line 6, after "option" insert "for wind or essential services".

On page 1, line 7, after "for" insert "wind or".

The question being "Shall SB 184 pass as amended?"

Yeas 35, Nays 0, Excused 0, Absent 0

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.

184xta

Sen. Hanson (Gary) moved that the title to SB 184 be amended as follows:

On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete "wind" and insert "certain".

On page 1, line 2, after "for" insert "wind or".

SB 199: FOR AN ACT ENTITLED, An Act to exempt certain food items from sales and use tax, to increase the rate of taxation for the sales and use tax on certain goods and services, to provide for the distribution of certain revenue to municipalities and Indian tribes, and to repeal the sales tax on food refund program.

Sen. Merchant moved that SB 199 be further amended as follows:

199fg

On page 10, line 10, of the Senate Taxation Committee engrossed bill, delete " three-tenths " and insert " one-half ".

On page 10, line 14, delete " three-tenths " and insert " one-half ".

On page 11, line 5, delete " three-tenths " and insert " one-half ".

On page 11, line 10, delete " three-tenths " and insert " one-half ".

On page 11, line 17, delete " three-tenths " and insert " one-half ".

On page 12, line 9, delete " three-tenths " and insert " one-half ".

On page 12, line 19, delete " three-tenths " and insert " one-half ".

On page 12, line 23, delete " three-tenths " and insert " one-half ".

On page 13, line 6, delete " three-tenths " and insert " one-half ".

On page 13, line 19, delete " three- " and insert " one-half ".

On page 13, line 20, delete " tenths ".

On page 13, line 22, delete " three-tenths " and insert " one-half ".

On page 14, line 3, delete " three-tenths " and insert " one-half ".

On page 14, delete lines 9 to 15, inclusive.

On page 14, line 16, delete "retailer" and insert "person".

On page 14, line 18, delete "retailer files its" and insert "person files a".

On page 14, line 23, delete "retailer" and insert "person".

On page 15, line 1, delete "retailer files its" and insert "person files a".

Sen. Knudson moved the previous question.

The question being "Shall SB 199 pass as amended?"

And the roll being called:

Yeas 6, Nays 29, Excused 0, Absent 0

Yeas:
Adelstein; Jerstad; Kloucek; Merchant; Nesselhuf; Turbak Berry

Nays:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Knudson; Maher; Miles; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

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

Earlier, Sen. Vehle announced his intention to reconsider the vote by which SB 201 lost.

No member moved to reconsider the vote by which SB 201 lost.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that HB 1134, 1155, 1238, 1080, 1150, 1197, 1202, and 1231 be deferred to Wednesday, February 25, the 29^th legislative day.