JOURNAL OF THE SENATE

SEVENTY-NINTH SESSION  




THIRTY-FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 24, 2004

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

     The prayer was offered by the Chaplain, Pastor Nancy Kapp, followed by the Pledge of Allegiance led by Senate page Jeremiah J. Johnson.

     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 thirtieth 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Kay Jorgensen of Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

     The question being "Does the Senate advise and consent to the executive appointment of Kay Jorgensen pursuant to the executive message as found on page 564 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Kloucek

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 63, 92, 168, 189, and 211 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 37, 45, 48, 50, 51, 64, 66, 76, 91, 95, 164, 167, 173, 188, 193, 194, 208, and 217 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 24, 2004.

Respectfully submitted,
Arnold M. Brown, Chair


REPORTS OF CONFERENCE COMMITTEES


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1062 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the printed version.

Respectfully submitted,                         Respectfully submitted,
Gordon R. Pederson                            Mike Jaspers
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 209 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 209 be amended as follows:

     On page 1, between lines 7 and 8 of the House Local Government Committee engrossed bill, insert:

    "Section 2. The occupant of any dwelling owned by a municipality pursuant to section 1 of this Act shall pay to each taxing agency within each taxing jurisdiction in which the property is situated, in lieu of taxes on the property, the amount of the property tax that would be payable if the property were owned by a private person. The dwelling shall be valued in the same manner and by the same procedure as other property is valued."


     On page 1 of the House Local Government Committee engrossed bill, delete lines 8 to 10 , inclusive.

     On page 1, line 2 of the House Local Government Committee engrossed bill, delete " and to declare an emergency " .

Respectfully submitted,                         Respectfully submitted,
Thomas Hennies                                Michael LaPointe
House Committee Chair                        Senate Committee Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 28, 85, 99, 108, 123, 154, and 185 which have been amended by the House and your concurrence in the amendments is respectfully requested.



Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1001 and 1123.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1012.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 63, 92, 168, 189, and 211 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Bogue moved that the Senate do concur in House amendments to SB 7.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 7.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; 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 the amendments were concurred in.

     HCR 1011:   A CONCURRENT RESOLUTION,   Requesting all school districts in South Dakota to review the sale of soft drinks and junk foods during school hours.

    Was read the second time.


     Sen. Ed Olson moved that the Senate do concur in HCR 1011 as found on page 497 of the House Journal and as amended on page 615 of the Senate Journal.

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     Sen. Moore moved that HCR 1011 be further amended as follows:

     On page 1 of the Senate Health and Human Services Committee engrossed resolution, delete lines 3 to 12 , inclusive, and insert:

    " WHEREAS,  the Legislature of the State of South Dakota is concerned about the long-term health of South Dakota's children; and

          WHEREAS,  healthy foods are an important ingredient of a healthy lifestyle; and

          WHEREAS,  dietary restrictions and limitations are becoming more common; and

          WHEREAS,  many of the state's children eat daily meals in school lunchrooms across South Dakota:

          NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Seventy-ninth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature requests that all school districts in South Dakota review their school lunch program to ensure that healthy foods are being provided and that children and parents are made aware of lunch ingredients so that school children can avoid eating foods that could prompt an allergic reaction."

     On page 2 , delete lines 1 to 9 , inclusive.


    Sen. Moore requested a roll call vote.

    Which request was supported.

     The question being on Sen. Moore's motion that HCR 1011 be further amended.

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Albers; Apa; Dennert; Duniphan; Duxbury; Greenfield; Jaspers; Kelly; Kleven; Kloucek; Koetzle; Koskan; Moore; Nachtigal; Napoli; Reedy; Sutton (Duane); Symens; Vitter

     Nays:
Abdallah; Bogue; Brown; de Hueck; Dempster; Duenwald; Earley; Ham-Burr; Knudson; Kooistra; Kurtenbach; LaPointe; McCracken; Olson (Ed); Schoenbeck; Sutton (Dan)


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

     The question now being on Sen. Olson's motion that the Senate do concur in HCR 1011 as amended.

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent 0

     Yeas:
Albers; de Hueck; Duniphan; Duxbury; Greenfield; Kleven; Kloucek; Koetzle; Moore; Nachtigal; Reedy; Schoenbeck; Sutton (Dan); Symens

     Nays:
Abdallah; Apa; Bogue; Brown; Dempster; Dennert; Duenwald; Earley; Ham-Burr; Jaspers; Kelly; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Napoli; Olson (Ed); 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.


     HCR 1016:   A CONCURRENT RESOLUTION,   Supporting an appeal of certain federal management plans for the Nebraska National Forest and associated national grasslands in Nebraska and South Dakota.

    Was read the second time.

     Sen. Vitter moved that the Senate do concur in HCR 1016 as found on page 699 of the House Journal.

     The question being on Sen. Vitter's motion that the Senate do concur in HCR 1016.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; 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 1016 was concurred in.



CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on HJR 1003 as found on page 631 of the Senate Journal ; also

     State Affairs on HB 1311 as found on page 631 of the Senate Journal ; also

     Appropriations on HB 1031 as found on page 632 of the Senate Journal ; also

     Appropriations on HB 1218 as found on page 633 of the Senate Journal ; also

     Taxation on HB 1087 as found on page 634 of the Senate Journal ; also

     Judiciary on HB 1298 as found on page 635 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

     No motion having been made for the disposition of HB 1214, pursuant to Joint Rule 6F-6, the bill was declared lost.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Kloucek requested that HB 1312 be removed from the Consent Calendar.

     HB 1081:   FOR AN ACT ENTITLED, An Act to   revise the local effort levy and effort factor for the purposes of calculating the payment of state aid to special education.

     Was read the second time.

     The question being "Shall HB 1081 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; 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.

     Sen. Kloucek moved that HB 1312 be placed to follow HB 1191 on today's calendar.

     Sen. Vitter moved as a substitute motion that HB 1312 be placed to follow HB 1298 on today's calendar.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1068:   FOR AN ACT ENTITLED, An Act to   establish a fund for the payment of extraordinary litigation expenses, to make an appropriation therefor, and to declare an emergency.

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

     The question being "Shall HB 1068 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; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Napoli; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Excused:
Knudson

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     Sen. Bogue moved that HB 1312 be immediately considered.

     Which motion prevailed.

     HB 1312:   FOR AN ACT ENTITLED, An Act to   authorize the discontinuance of the senior prescription drug program.



     Was read the second time.

     The question being "Shall HB 1312 pass?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

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

     Nays:
de Hueck; Dennert; Reedy

     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 1248:   FOR AN ACT ENTITLED, An Act to   permit counties, in the absence of an organized township, to maintain, and improve certain public rights-of-way.

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

1248fa

     Sen. de Hueck moved that HB 1248 be further amended as follows:

     On page 1, line 11 of the House Transportation Committee engrossed bill, after " §  31-13- 52. " insert " If the board of county commissioners is levying a special assessment on real property pursuant to this section, the board of county commissioners shall perform the duties that are required of the township board of supervisors pursuant to § §  31-13-32 to 31-13-54, inclusive. "

     Which motion prevailed.

     The question being "Shall HB 1248 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0


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

     Nays:
Bogue

     Excused:
Greenfield

     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 1275:   FOR AN ACT ENTITLED, An Act to   require chemical tests of drivers involved in accidents resulting in serious bodily injury.

     Was read the second time.

     The question being "Shall HB 1275 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
de Hueck; Kooistra; Nachtigal; 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.

     Sen. Bogue moved that HB 1307 be placed to follow HB 1298 on today's calendar.

     Which motion prevailed.

     HJR 1003:   A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article VIII of the Constitution of the State of South Dakota to authorize the provision of certain services to all children of school age.



     Was read the second time.

j1003ra

     Sen. Schoenbeck moved that HJR 1003 be further amended as follows:

     On page 2, line 5 of the Senate State Affairs Committee engrossed resolution, delete " , technology, " .

     Which motion prevailed.

j1003ta

     Sen. Symens moved that HJR 1003 be further amended as follows:

     On page 2, line 5 of the Senate State Affairs Committee engrossed resolution, after " age " insert " at the discretion of the public school's governing body ".

     Which motion lost.

     The question being "Shall HJR 1003 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0

     Yeas:
Abdallah; Apa; Bogue; de Hueck; Dempster; Duenwald; Earley; Ham-Burr; Jaspers; Kelly; Knudson; Koetzle; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Napoli; Reedy; Schoenbeck; Symens; Vitter

     Nays:
Albers; Brown; Dennert; Duniphan; Duxbury; Greenfield; Kleven; Kloucek; Kooistra; Nachtigal; Olson (Ed); Sutton (Dan); Sutton (Duane)

     So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed and the title was agreed to.

     HB 1031:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2004 for the Departments of Social Services, Education, Corrections, and Human Services.

     Was read the second time.

     The question being "Shall HB 1031 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; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; 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 1087:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1087 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; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; 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 1218:   FOR AN ACT ENTITLED, An Act to   require the Department of Health to provide certain information to the Legislature regarding the funding for tobacco use prevention and reduction programs.

     Was read the second time.

1218jc

     Sen. Duane Sutton moved that HB 1218 be further amended as follows:

     On page 1 of the Senate Appropriations Committee engrossed bill, line 11, delete everything after " such awards " and insert " , their purpose, and the ".

     On page 1 , line 12, after " costs " insert " associated with such awards ".

     Which motion prevailed.

     The question being "Shall HB 1218 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; Duenwald; Duniphan; Duxbury; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Kurtenbach; 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 1298:   FOR AN ACT ENTITLED, An Act to   establish one rate for the telephone gross receipts tax and to provide uniform methods to administer the tax.

     Was read the second time.

     The question being "Shall HB 1298 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Ham-Burr; Jaspers; Kleven; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Moore; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Greenfield; Kelly; Kloucek; Koetzle; Nachtigal; Napoli; Reedy

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     Sen. Bogue moved that HB 1307 be placed to follow HB 1308 on today's calendar.

     Which motion prevailed.



     President Pro tempore Brown now presiding.

     HB 1180:   FOR AN ACT ENTITLED, An Act to   exempt the gross receipts of certain transportation services from sales and use tax.

     Was read the second time.

     The President now presiding.

     The question being "Shall HB 1180 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Brown; Knudson

     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 1308:   FOR AN ACT ENTITLED, An Act to   establish the sales tax on food refund program and to make an appropriation therefor.

     Was read the second time.

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     Sen. Moore moved that HB 1308 be further amended as follows:

     On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That sections 17, 18, 19, 20, 21, and 22 of chapter 61 of the 2003 Session Laws be repealed.

         Section 2. That sections 18, 19, 20, 21, 30, 32, 33, 34, 35, 36, 41, 42, 44, 47, and 48 of chapter 64 of the 2002 Session Laws be repealed.



         Section 3. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

         There are exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts from the sale of food.

         Section 4. That §   10-45-1 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

         "Food" and "food ingredient," any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value. The term, food, does not include alcoholic beverages, tobacco, soft drinks, candy, or prepared food;

         "Soft drinks," any nonalcoholic beverages that contain natural or artificial sweeteners. The term, soft drinks, does not include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume;

         "Candy," any preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. The term, candy, does not include any item that contains flour or requires refrigeration;

         "Prepared food," any:

             (a)    Food sold in a heated state or heated by the seller;

             (b)    Two or more food ingredients mixed or combined by the seller for sale as a single item. The term, prepared food, in this subdivision does not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code as of January 1, 2004, so as to prevent food borne illnesses; or

             (c)    Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food.

         Section 5. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

         There are exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts from the sale of food.

         Section 6. That §   10-46-1 be amended by adding thereto NEW SUBDIVISIONS to read as follows:


         "Food" and "food ingredient," any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value. The term, food, does not include alcoholic beverages, tobacco, soft drinks, candy, or prepared food;

         "Soft drinks," any nonalcoholic beverages that contain natural or artificial sweeteners. The term, soft drinks, does not include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume;

         "Candy," any preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. The term, candy, does not include any item that contains flour or requires refrigeration;

         "Prepared food," any:

             (a)    Food sold in a heated state or heated by the seller;

             (b)    Two or more food ingredients mixed or combined by the seller for sale as a single item. The term, prepared food, in this subdivision does not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code as of January 1, 2004, so as to prevent food borne illnesses; or

             (c)    Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food."

    Sen. Moore requested a roll call vote.

    Which request was supported.

     The question being on Sen. Moore's motion that HB 1308 be further amended.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

     Yeas:
Dennert; Duxbury; Greenfield; Kelly; Kleven; Kloucek; Koetzle; Kooistra; Koskan; Moore; Nachtigal; Napoli; Reedy; Schoenbeck; Sutton (Dan); Symens


     Nays:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Duenwald; Duniphan; Earley; Ham-Burr; Jaspers; Knudson; Kurtenbach; LaPointe; McCracken; Olson (Ed); 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.

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     Sen. Dennert moved that HB 1308 be further amended as follows:

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

    "Section 1. That § 10-45-2 be amended to read as follows:

     10-45-2.   There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four three and nine-tenths percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as taxed by §   10-45-3 and except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.

         Section 2. That § 10-45-3 be amended to read as follows:

     10-45-3.   There is hereby imposed a tax of three two and nine-tenths percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers; provided, however, that whenever any trade-in or exchange of used farm machinery is involved in the transaction, the tax shall only be due and collected on the cash difference.

         Section 3. That section 18 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-3.   There is hereby imposed a tax of four three and nine-tenths percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers. However, any trade-in or exchange of used farm machinery is involved in the transaction, the tax is only due and shall be collected only on the cash difference.

         Section 4. That § 10-45-5 be amended to read as follows:

     10-45-5.   There is imposed a tax at the rate of three two and nine-tenths percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four three and nine-tenths percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage

and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §   32-5-1 leased under a single contract for more than twenty-eight days and mobile homes provided, however, that the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §   10-45-4.

         Section 5. That section 20 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-5.   There is imposed a tax at the rate of four three and nine-tenths percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four three and nine-tenths percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §   32-5-1 leased under a single contract for more than twenty-eight days and mobile homes. However, the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §   10-45-4.

         Section 6. That § 10-45-5.3 be amended to read as follows:

     10-45-5.3.   There is imposed, at the rate of three two and nine-tenths percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

         Section 7. That section 21 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-5.3.   There is imposed, at the rate of four three and nine-tenths percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

         Section 8. That § 10-45-6 be amended to read as follows:

     10-45-6.   There is hereby imposed a tax of four three and nine-tenths percent upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross

receipts from such sales by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to consumers or users.

         Section 9. That § 10-45-6.1 be amended to read as follows:

         10-45-6.1.   Except as provided in §   10-45-6.2, there is hereby imposed a tax of four three and nine-tenths percent upon the gross receipts from providing any telecommunication service that originates or terminates in this state and that is billed or charged to a service address in this state, or that both originates and terminates in this state. However, the tax imposed by this section does not apply to:

             (1)      Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;
             (2)      Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or
             (3)      Any sale of interstate telecommunication service provided to a call center that has been certified by the secretary of revenue to meet the criterion established in §   10-45-6.3 and the call center has provided to the telecommunications service provider an exemption certificate issued by the secretary indicating that it meets the criterion.

         If a call center uses an exemption certificate to purchase services not meeting the criterion established in §   10-45-6.3, the call center is liable for the applicable tax, penalty, and interest.

         For the purposes of this section, the term, telecommunication service, is the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, electromagnetic means.

         Section 10. That § 10-45-6.2 be amended to read as follows:

     10-45-6.2.   There is hereby imposed a tax of four three and nine-tenths percent upon the gross receipts of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state or are deemed to have originated or been received in this state and to be billed or charged to a service address in this state if the customer's place of primary use is located in this state regardless of where the service actually originates or terminates. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

         Section 11. That § 10-45-8 be amended to read as follows:

     10-45-8.   There is imposed a tax of four three and nine-tenths percent upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic contests or events, except as otherwise provided in this chapter.


         Section 12. That § 10-45-70 be amended to read as follows:

     10-45-70.   There is imposed a tax of four three and nine-tenths percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

         Section 13. That § 10-45-71 be amended to read as follows:

     10-45-71.   There is imposed a tax of four three and nine-tenths percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

         Section 14. That § 10-46-2.1 be amended to read as follows:

     10-46-2.1.   For the privilege of using services in South Dakota, except those types of services exempted by §   10-46-17.3, there is imposed on the person using the service an excise tax equal to four three and nine-tenths percent of the value of the services at the time they are rendered. However, this tax may not be imposed on any service rendered by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term , related corporation , includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. §   1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. §   563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his or her employer are not taxable.

         Section 15. That § 10-46-2.2 be amended to read as follows:

     10-46-2.2.   An excise tax is imposed upon the privilege of the use of rented tangible personal property in this state at the rate of four three and nine-tenths percent of the rental payments upon the property.

         Section 16. That § 10-46-57 be amended to read as follows:

     10-46-57.   There is imposed a tax of four three and nine-tenths percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

         Section 17. That § 10-46-58 be amended to read as follows:

     10-46-58.   There is imposed a tax of four three and nine-tenths percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any

transportation of passengers if the passenger boards and exits the mode of transportation within this state.

         Section 18. That § 10-46-69 be amended to read as follows:

     10-46-69.   There is hereby imposed a tax of four three and nine-tenths percent upon the privilege of the use of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

         Section 19. That § 10-52-2 be amended to read as follows:

     10-52-2.   Any incorporated municipality within this state may impose any non-ad valorem tax in accordance with the provisions of this chapter, except upon fuel used for motor vehicles, by ordinance enacted by its local governing board. However, no tax may be levied on the sale, use, storage and consumption of items taxed under chapters 10-45 and 10-46, unless such tax conforms in all respects to the state tax on such items with the exception of the rate, and the rate levied does not exceed two one and ninety-five hundredths percent.

         Section 20. That § 10-58-1 be amended to read as follows:

     10-58-1.   There is imposed upon owners and operators a special amusement excise tax of four three and nine-tenths percent of the gross receipts from the operation of any mechanical or electronic amusement device.

         Section 21. That § 10-45-2 be amended to read as follows:

     10-45-2.   There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four three and eight-tenths percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as taxed by §   10-45-3 and except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.

         Section 22. That § 10-45-3 be amended to read as follows:

     10-45-3.   There is hereby imposed a tax of three two and eight-tenths percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers; provided, however, that whenever any trade-in or exchange of used farm machinery is involved in the transaction, the tax shall only be due and collected on the cash difference.

         Section 23. That section 18 of chapter 64 of the 2002 Session Laws be amended to read as follows:


     10-45-3.   There is hereby imposed a tax of four three and eight-tenths percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers. However, any trade-in or exchange of used farm machinery is involved in the transaction, the tax is only due and shall be collected only on the cash difference.

         Section 24. That § 10-45-5 be amended to read as follows:

     10-45-5.   There is imposed a tax at the rate of three two and eight-tenths percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four three and eight-tenths percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §   32-5-1 leased under a single contract for more than twenty-eight days and mobile homes provided, however, that the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §   10-45-4.

         Section 25. That section 20 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-5.   There is imposed a tax at the rate of four three and eight-tenths percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four three and eight-tenths percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §   32-5-1 leased under a single contract for more than twenty-eight days and mobile homes. However, the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §   10-45-4.

         Section 26. That § 10-45-5.3 be amended to read as follows:

     10-45-5.3.   There is imposed, at the rate of three two and eight-tenths percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as

enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

         Section 27. That section 21 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-5.3.   There is imposed, at the rate of four three and eight-tenths percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

         Section 28. That § 10-45-6 be amended to read as follows:

     10-45-6.   There is hereby imposed a tax of four three and eight-tenths percent upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales by any municipal corporation furnishing gas, and electricity, to the public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to consumers or users.

         Section 29. That § 10-45-6.1 be amended to read as follows:

     10-45-6.1.   Except as provided in §   10-45-6.2, there is hereby imposed a tax of four three and eight-tenths percent upon the gross receipts from providing any telecommunication service that originates or terminates in this state and that is billed or charged to a service address in this state, or that both originates and terminates in this state. However, the tax imposed by this section does not apply to:

             (1)      Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;
             (2)      Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or
             (3)      Any sale of interstate telecommunication service provided to a call center that has been certified by the secretary of revenue to meet the criterion established in §   10-45-6.3 and the call center has provided to the telecommunications service provider an exemption certificate issued by the secretary indicating that it meets the criterion.

         If a call center uses an exemption certificate to purchase services not meeting the criterion established in §   10-45-6.3, the call center is liable for the applicable tax, penalty, and interest.

         For the purposes of this section, the term, telecommunication service, is the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, electromagnetic means.

         Section 30. That § 10-45-6.2 be amended to read as follows:


     10-45-6.2.   There is hereby imposed a tax of four three and eight-tenths percent upon the gross receipts of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state or are deemed to have originated or been received in this state and to be billed or charged to a service address in this state if the customer's place of primary use is located in this state regardless of where the service actually originates or terminates. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

         Section 31. That § 10-45-8 be amended to read as follows:

     10-45-8.   There is imposed a tax of four three and eight-tenths percent upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic contests or events, except as otherwise provided in this chapter.

    Section 32. That § 10-45-70 be amended to read as follows:

     10-45-70.   There is imposed a tax of four three and eight-tenths percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

         Section 33. That § 10-45-71 be amended to read as follows:

     10-45-71.   There is imposed a tax of four three and eight-tenths percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

         Section 34. That § 10-46-2.1 be amended to read as follows:

     10-46-2.1.   For the privilege of using services in South Dakota, except those types of services exempted by §   10-46-17.3, there is imposed on the person using the service an excise tax equal to four three and eight-tenths percent of the value of the services at the time they are rendered. However, this tax may not be imposed on any service rendered by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term , related corporation , includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. §   1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. §   563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his or her employer are not taxable.

         Section 35. That § 10-46-2.2 be amended to read as follows:


     10-46-2.2.   An excise tax is imposed upon the privilege of the use of rented tangible personal property in this state at the rate of four three and eight-tenths percent of the rental payments upon the property.

         Section 36. That § 10-46-57 be amended to read as follows:

     10-46-57.   There is imposed a tax of four three and eight-tenths percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

         Section 37. That § 10-46-58 be amended to read as follows:

     10-46-58.   There is imposed a tax of four three and eight-tenths percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

         Section 38. That § 10-46-69 be amended to read as follows:

     10-46-69.   There is hereby imposed a tax of four three and eight-tenths percent upon the privilege of the use of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

         Section 39. That § 10-52-2 be amended to read as follows:

     10-52-2.   Any incorporated municipality within this state may impose any non-ad valorem tax in accordance with the provisions of this chapter, except upon fuel used for motor vehicles, by ordinance enacted by its local governing board. However, no tax may be levied on the sale, use, storage and consumption of items taxed under chapters 10-45 and 10-46, unless such tax conforms in all respects to the state tax on such items with the exception of the rate, and the rate levied does not exceed two one and nine-tenths percent.

         Section 40. That § 10-58-1 be amended to read as follows:

     10-58-1.   There is imposed upon owners and operators a special amusement excise tax of four three and eight-tenths percent of the gross receipts from the operation of any mechanical or electronic amusement device.

         Section 41. Sections 21 to 40, inclusive, are effective on July 1, 2005.

         Section 42. That § 10-45-2 be amended to read as follows:


     10-45-2.   There is hereby imposed a tax upon the privilege of engaging in business as a retailer, a tax of four three and seven-tenths percent upon the gross receipts of all sales of tangible personal property consisting of goods, wares, or merchandise, except as taxed by §   10-45-3 and except as otherwise provided in this chapter, sold at retail in the State of South Dakota to consumers or users.

         Section 43. That section 18 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-3.   There is hereby imposed a tax of four three and seven-tenths percent on the gross receipts from the sale or resale of farm machinery and attachment units other than replacement parts; or irrigation equipment used exclusively for agricultural purposes by licensed South Dakota retailers. However, any trade-in or exchange of used farm machinery is involved in the transaction, the tax is only due and shall be collected only on the cash difference.

         Section 44. That section 20 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-5.   There is imposed a tax at the rate of four three and seven-tenths percent upon the gross receipts of any person from engaging in the business of leasing farm machinery or irrigation equipment used for agricultural purposes and four three and seven-tenths percent upon the gross receipts of any person from engaging or continuing in any of the following businesses or services in this state: abstracters; accountants; architects; barbers; beauty shops; bill collection services; blacksmith shops; car washing; dry cleaning; dyeing; exterminators; garage and service stations; garment alteration; cleaning and pressing; janitorial services and supplies; specialty cleaners; laundry; linen and towel supply; membership or entrance fees for the use of a facility or for the right to purchase tangible personal property or services; photography; photo developing and enlarging; tire recapping; welding and all repair services; cable television; and rentals of tangible personal property except leases of tangible personal property between one telephone company and another telephone company, motor vehicles as defined by §   32-5-1 leased under a single contract for more than twenty-eight days and mobile homes. However, the specific enumeration of businesses and professions made in this section does not, in any way, limit the scope and effect of §   10-45-4.

         Section 45. That section 21 of chapter 64 of the 2002 Session Laws be amended to read as follows:

     10-45-5.3.   There is imposed, at the rate of four three and seven-tenths percent, an excise tax on the gross receipts of any person engaging in oil and gas field services (group no. 138) as enumerated in the Standard Industrial Classification Manual, 1987, as prepared by the Statistical Policy Division of the Office of Management and Budget, Office of the President.

         Section 46. That § 10-45-6 be amended to read as follows:

     10-45-6.   There is hereby imposed a tax of four three and seven-tenths percent upon the gross receipts from sales, furnishing, or service of gas, electricity, and water, including the gross receipts from such sales by any municipal corporation furnishing gas, and electricity, to the

public in its proprietary capacity, except as otherwise provided in this chapter, when sold at retail in the State of South Dakota to consumers or users.

         Section 47. That § 10-45-6.1 be amended to read as follows:

     10-45-6.1.   Except as provided in §   10-45-6.2, there is hereby imposed a tax of four three and seven-tenths percent upon the gross receipts from providing any telecommunication service that originates or terminates in this state and that is billed or charged to a service address in this state, or that both originates and terminates in this state. However, the tax imposed by this section does not apply to:

             (1)      Any eight hundred or eight hundred type service unless the service both originates and terminates in this state;
             (2)      Any sale of a telecommunication service to a provider of telecommunication services, including access service, for use in providing any telecommunication service; or
             (3)      Any sale of interstate telecommunication service provided to a call center that has been certified by the secretary of revenue to meet the criterion established in §   10-45-6.3 and the call center has provided to the telecommunications service provider an exemption certificate issued by the secretary indicating that it meets the criterion.

         If a call center uses an exemption certificate to purchase services not meeting the criterion established in §   10-45-6.3, the call center is liable for the applicable tax, penalty, and interest.

         For the purposes of this section, the term, telecommunication service, is the transmission of signs, signals, writings, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, electromagnetic means.

         Section 48. That § 10-45-6.2 be amended to read as follows:

     10-45-6.2.   There is hereby imposed a tax of four three and seven-tenths percent upon the gross receipts of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state or are deemed to have originated or been received in this state and to be billed or charged to a service address in this state if the customer's place of primary use is located in this state regardless of where the service actually originates or terminates. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

         Section 49. That § 10-45-8 be amended to read as follows:

     10-45-8.   There is imposed a tax of four three and seven-tenths percent upon the gross receipts from all sales of tickets or admissions to places of amusement and athletic contests or events, except as otherwise provided in this chapter.

         Section 50. That § 10-45-70 be amended to read as follows:



     10-45-70.   There is imposed a tax of four three and seven-tenths percent on the gross receipts from the transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

         Section 51. That § 10-45-71 be amended to read as follows:

     10-45-71.   There is imposed a tax of four three and seven-tenths percent on the gross receipts from the transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.

         Section 52. That § 10-46-2.1 be amended to read as follows:

     10-46-2.1.   For the privilege of using services in South Dakota, except those types of services exempted by §   10-46-17.3, there is imposed on the person using the service an excise tax equal to four three and seven-tenths percent of the value of the services at the time they are rendered. However, this tax may not be imposed on any service rendered by a related corporation as defined in subdivision 10-43-1(11) for use by a financial institution as defined in subdivision 10-43-1(4) or on any service rendered by a financial institution as defined in subdivision 10-43-1(4) for use by a related corporation as defined in subdivision 10-43-1(11). For the purposes of this section, the term , related corporation , includes a corporation which together with the financial institution is part of a controlled group of corporations as defined in 26 U.S.C. §   1563 as in effect on January 1, 1989, except that the eighty percent ownership requirements set forth in 26 U.S.C. §   563(a)(2)(A) for a brother-sister controlled group are reduced to fifty-one percent. For the purpose of this chapter, services rendered by an employee for the use of his or her employer are not taxable.

         Section 53. That § 10-46-2.2 be amended to read as follows:

     10-46-2.2.   An excise tax is imposed upon the privilege of the use of rented tangible personal property in this state at the rate of four three and seven-tenths percent of the rental payments upon the property.

         Section 54. That § 10-46-57 be amended to read as follows:

     10-46-57.   There is imposed a tax of four three and seven-tenths percent on the privilege of the use of any transportation of tangible personal property. The tax imposed by this section shall apply to any transportation of tangible personal property if both the origin and destination of the tangible personal property are within this state.

         Section 55. That § 10-46-58 be amended to read as follows:

     10-46-58.   There is imposed a tax of four three and seven-tenths percent on the privilege of the use of any transportation of passengers. The tax imposed by this section shall apply to any transportation of passengers if the passenger boards and exits the mode of transportation within this state.


         Section 56. That § 10-46-69 be amended to read as follows:

     10-46-69.   There is hereby imposed a tax of four three and seven-tenths percent upon the privilege of the use of mobile telecommunications services, as defined in 4 U.S.C. §   124(7) as of January 1, 2002, that originate and terminate in the same state and are billed to a customer with a place of primary use in this state. Notwithstanding any other provision of this chapter and for purposes of the tax imposed by this section, the tax imposed upon mobile telecommunication services shall be administered in accordance with 4 U.S.C. § §   116-126 as in effect on July 28, 2000.

         Section 57. That § 10-52-2 be amended to read as follows:

     10-52-2.   Any incorporated municipality within this state may impose any non-ad valorem tax in accordance with the provisions of this chapter, except upon fuel used for motor vehicles, by ordinance enacted by its local governing board. However, no tax may be levied on the sale, use, storage and consumption of items taxed under chapters 10-45 and 10-46, unless such tax conforms in all respects to the state tax on such items with the exception of the rate, and the rate levied does not exceed two one and eighty-five hundredths percent.

         Section 58. That § 10-58-1 be amended to read as follows:

     10-58-1.   There is imposed upon owners and operators a special amusement excise tax of four three and seven-tenths percent of the gross receipts from the operation of any mechanical or electronic amusement device.

         Section 59. Sections 42 to 58, inclusive, are effective on July 1, 2006.

         Section 60. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

         There are exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts from the sale of food.

         Section 61. That § 10-45-1 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

         "Food" and "food ingredient," any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value. The term, food, does not include alcoholic beverages, tobacco, soft drinks, candy, or prepared food;

         "Soft drinks," any nonalcoholic beverages that contain natural or artificial sweeteners. The term, soft drinks, does not include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume;

         "Candy," any preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars,

drops, or pieces. The term, candy, does not include any item that contains flour or requires refrigeration;

         "Prepared food," any:

             (a)    Food sold in a heated state or heated by the seller;

             (b)    Two or more food ingredients mixed or combined by the seller for sale as a single item. The term, prepared food, in this subdivision does not include food that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code as of January 1, 2004, so as to prevent food borne illnesses; or

             (c)    Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food.

         Section 62. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

         There are exempted from the provisions of this chapter and the computation of the tax imposed by it, the gross receipts from the sale of food.

         Section 63. That § 10-46-1 be amended by adding thereto NEW SUBDIVISIONS to read as follows:

         "Food" and "food ingredient," any substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value. The term, food, does not include alcoholic beverages, tobacco, soft drinks, candy, or prepared food;

         "Soft drinks," any nonalcoholic beverages that contain natural or artificial sweeteners. The term, soft drinks, does not include any beverage that contains milk or milk products, soy, rice or similar milk substitutes, or greater than fifty percent of vegetable or fruit juice by volume;

         "Candy," any preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. The term, candy, does not include any item that contains flour or requires refrigeration;

         "Prepared food," any:

             (a)    Food sold in a heated state or heated by the seller;

             (b)    Two or more food ingredients mixed or combined by the seller for sale as a single item. The term, prepared food, in this subdivision does not include food

that is only cut, repackaged, or pasteurized by the seller, and eggs, fish, meat, poultry, and foods containing these raw animal foods requiring cooking by the consumer as recommended by the Food and Drug Administration in chapter 3, part 401.11 of its Food Code as of January 1, 2004, so as to prevent food borne illnesses; or

             (c)    Food sold with eating utensils provided by the seller, including plates, knives, forks, spoons, glasses, cups, napkins, or straws. A plate does not include a container or packaging used to transport the food.

         Section 64. Sections 60 to 63, inclusive, are effective on July 1, 2007."

     Sen. Kloucek requested a roll call vote.

    Which request was supported.    

     The question being on Sen. Dennert's motion that HB 1308 be further amended.

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent 0

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

     Nays:
Abdallah; Albers; Apa; Bogue; Brown; de Hueck; Dempster; Duenwald; Duniphan; Earley; Greenfield; Ham-Burr; Jaspers; Kelly; Kleven; Knudson; Kooistra; Koskan; Kurtenbach; LaPointe; McCracken; Napoli; Olson (Ed); 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.

     Sen. McCracken moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1308 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0


     Yeas:
Abdallah; Albers; Bogue; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Earley; Ham-Burr; Kelly; Knudson; Kooistra; Kurtenbach; LaPointe; McCracken; Moore; Olson (Ed); Sutton (Dan); Sutton (Duane); Symens; Vitter

     Nays:
Apa; Greenfield; Jaspers; Kleven; Kloucek; Koetzle; Koskan; Nachtigal; Napoli; Reedy; Schoenbeck

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     HB 1307:   FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education.

     Was read the second time.

     Sen. Bogue moved that HB 1307 be placed to follow HB 1191 on today's calendar.

     Which motion prevailed.

     HB 1311:   FOR AN ACT ENTITLED, An Act to   provide for the regulation of pharmacy benefits management.

     Was read the second time.

     Sen. Brown moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1311 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Brown; de Hueck; Dempster; Dennert; Duenwald; Duniphan; Duxbury; Ham-Burr; Kleven; Kloucek; Knudson; Koetzle; Kooistra; Kurtenbach; LaPointe; McCracken; Moore; Nachtigal; Olson (Ed); Reedy; Schoenbeck; Sutton (Dan); Sutton (Duane); Symens; Vitter


     Nays:
Bogue; Earley; Greenfield; Jaspers; Kelly; Koskan; 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.

     HB 1191:   FOR AN ACT ENTITLED, An Act to   establish certain legislative findings regarding the termination of an unborn human life, revise certain provisions regarding the informed consent necessary for an abortion, and to declare an emergency.

     Was read the second time.

1191ry

     Sen. Schoenbeck moved that HB 1191 be further amended as follows:

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

    "Section 1. The Legislature finds that the State of South Dakota has a compelling and paramount interest in the preservation and protection of all human life and finds that the guarantee of due process of law under the South Dakota Bill of Rights applies equally to born and unborn human beings.

         Section 2. The Legislature finds that the life of a human being begins when the ovum is fertilized by male sperm. The Legislature finds that the explosion of knowledge derived from new recombinant DNA technologies over the past twenty-five years has reinforced the validity of the finding of this scientific fact.

         Section 3. The Legislature finds that, based upon the evidence derived from thirty years of legalized abortions in this country, the interests of pregnant mothers protected under the South Dakota Bill of Rights have been adversely affected as abortions terminate the constitutionally protected fundamental interest of the pregnant mother in her relationship with her child and abortions are performed without a truly informed or voluntary consent or knowing waiver of the woman's rights and interests. The Legislature finds that the state has a duty to protect the pregnant mother's fundamental interest in her relationship with her unborn child.

         Section 4. The Legislature finds that abortion procedures impose significant risks to the health and life of the pregnant mother, including subjecting women to significant risk of severe depression, suicidal ideation, suicide, attempted suicide, post traumatic stress disorders, adverse impact in the lives of women, physical injury, and a greater risk of death than risks associated with carrying the unborn child to full term and childbirth.

         Section 5. The Legislature finds that a pregnant mother, together with the unborn human child, each possess a natural and inalienable right to life under the South Dakota Bill of Rights.


         Section 6. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

         No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being.

         Any violation of this section is a Class 5 felony.

         Section 7. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

         Nothing in section 6 of this Act may be construed to prohibit the sale, use, prescription, or administration of a contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing and if the contraceptive measure is sold, used, prescribed, or administered in accordance with manufacturer instructions.

         Section 8. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

         No licensed physician who performs a medical procedure designed or intended to prevent the death of a pregnant mother is guilty of violating section 6 of this Act. However, the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice.

         Medical treatment provided to the mother by a licensed physician which results in the accidental or unintentional injury or death of the unborn child is not a violation of this statute.

         Nothing in this Act may be construed to subject the pregnant mother upon whom any abortion is performed or attempted to any criminal conviction and penalty.

         Section 9. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

         Terms used in this Act mean:

             (1)    "Pregnant," the human female reproductive condition, of having a living unborn human being within her body throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and child birth;

             (2)    "Unborn human being," an individual living member of the species homo sapiens throughout the entire embryonic and fetal ages of the unborn child from fertilization to full gestation and childbirth;

             (3)    "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum.

         Section 10. That § 34-23A-2 be repealed.

     34-23A-2.   An abortion may be performed in this state only if it is performed in compliance with §   34-23A-3, 34-23A-4, or 34-23A-5.

         Section 11. That § 34-23A-3 be repealed.

     34-23A-3.   An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy.

         Section 12. That § 34-23A-4 be repealed.

     34-23A-4.   An abortion may be performed following the twelfth week of pregnancy and through the twenty-fourth week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of §   34-23A-6.

         Section 13. That § 34-23A-5 be repealed.

     34-23A-5.   An abortion may be performed following the twenty-fourth week of pregnancy by a physician only in a hospital authorized under §   34-23A-4 and only if there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life or health of the mother.

         Section 14. If any provision of this Act is found to be unconstitutional, the provision is severable; and the other provisions of this Act remain effective.

         Section 15. Nothing in this Act may be construed to repeal, by implication or otherwise, any provision not explicitly repealed.

         Section 16. If any provision of this Act is ever temporarily or permanently restrained or enjoined by judicial order, the provisions of chapters 34-23A and 22-17 shall be enforced. However, if such temporary or permanent restraining order or injunction is subsequently stayed or dissolved, or otherwise ceases to have effect, all provisions of this Act that are not restrained shall have full force and effect."


    Sen. Schoenbeck requested a roll call vote.

    Which request was supported.


     The question being on Sen. Schoenbeck's motion that HB 1191 be further amended.

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent 0

     Yeas:
Abdallah; Apa; Bogue; Earley; Jaspers; Kelly; Kleven; Kloucek; Koetzle; Kooistra; Koskan; Kurtenbach; LaPointe; Moore; Napoli; Schoenbeck; Sutton (Dan); Vitter

     Nays:
Albers; Brown; de Hueck; Dempster; Duenwald; Duniphan; Duxbury; Greenfield; Ham-Burr; Knudson; McCracken; Nachtigal; Olson (Ed); Reedy; Sutton (Duane); Symens

     Excused:
Dennert

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

1191oe

     Sen. Knudson moved that Sen. Schoenbeck's amendment to HB 1191 be amended as follows:

     On the previously adopted amendment (1191ry), after Section 6, insert:

    "Section 7. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

         The provisions of section 6 of this Act do not apply in the case of any pregnancy which is the result of rape or incest."

    Sen. Knudson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Knudson's motion that Sen. Schoenbeck's amendment to HB 1191 be amended.

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Brown; de Hueck; Dempster; Duniphan; Duxbury; Ham-Burr; Kloucek; Knudson; Kooistra; McCracken; Moore; Nachtigal; Olson (Ed); Sutton (Duane); Symens



     Nays:
Abdallah; Albers; Apa; Bogue; Duenwald; Earley; Greenfield; Jaspers; Kelly; Kleven; Koetzle; Koskan; Kurtenbach; LaPointe; Napoli; Reedy; Schoenbeck; Sutton (Dan); Vitter

     Excused:
Dennert

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

1191of

     Sen. Knudson moved that Sen. Schoenbeck's amendment to HB 1191 be amended as follows:

     On the previously adopted amendment (1191ry), delete Section 6, insert:

    "Section 6. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

    
         No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.

         Any violation of this section is a Class 5 felony.".

        On the previously adopted amendment (1191ry), in Section 8, after "pregnant mother" insert "or a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman".

        On the previously adopted amendment (1191ry), in Section 9, after subdivision (2), insert:

                 "(3)    "Serious risk of the substantial and irreversible impairment of a major bodily function," any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible physical impairment of the pregnant woman;"

        On the previously adopted amendment (1191ry), in Section 9, delete "(3)" and insert "(4)".


    Sen. Knudson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Knudson's motion that Sen. Schoenbeck's amendment to HB 1191 be amended.

     And the roll being called:

     Yeas 17, Nays 17, Excused 1, Absent 0

     Yeas:
Albers; Bogue; Brown; de Hueck; Dempster; Duniphan; Duxbury; Ham-Burr; Kloucek; Knudson; Kooistra; McCracken; Moore; Nachtigal; Olson (Ed); Sutton (Duane); Symens

     Nays:
Abdallah; Apa; Duenwald; Earley; Greenfield; Jaspers; Kelly; Kleven; Koetzle; Koskan; Kurtenbach; LaPointe; Napoli; Reedy; Schoenbeck; Sutton (Dan); Vitter

     Excused:
Dennert

    The body being equally divided, the President voted "Yea".

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

     The question being "Shall HB 1191 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 15, Excused 2, Absent 0

     Yeas:
Abdallah; Apa; Bogue; Earley; Jaspers; Kelly; Kleven; Kloucek; Koetzle; Koskan; Kurtenbach; LaPointe; Moore; Napoli; Schoenbeck; Sutton (Dan); Symens; Vitter

     Nays:
Albers; Brown; de Hueck; Dempster; Duenwald; Duniphan; Greenfield; Ham-Burr; Knudson; Kooistra; McCracken; Nachtigal; Olson (Ed); Reedy; Sutton (Duane)

     Excused:
Dennert; Duxbury

     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. Schoenbeck moved that the title to HB 1191 be amended as follows:

     On page 1, line 1 of the Senate State Affairs Committee engrossed bill, delete everything after " to " and insert "establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life and to prescribe a penalty therefor."

     On page 1 , delete lines 2 and 3 .

     Which motion prevailed and the title was so amended.

     HB 1307:   FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to education.

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

     Sen. McCracken moved that HB 1307 be laid on the table.

     The question being on Sen. McCracken's motion that HB 1307 be laid on the table.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Abdallah; Dennert; Duxbury

     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. 8.

MOTIONS AND RESOLUTIONS

     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Wednesday, February 25, the 32nd legislative day.



     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 7 and finds the same correctly enrolled.

Respectfully submitted,
Arnold M. Brown, Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 7: FOR AN ACT ENTITLED, An Act to  revise the tuition privileges available to members of the national guard at state universities.

     SB 63: FOR AN ACT ENTITLED, An Act to  provide additional criteria to send a promulgated rule back for further public hearing by the agency.

     SB 92: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the type and location of health facilities that may be financed or refinanced by the South Dakota Health and Educational Facilities Authority.

     SB 168: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the valuation, calculation, and transfer of earnings from the education enhancement trust fund and from the health care trust fund and to declare an emergency.

     SB 189: FOR AN ACT ENTITLED, An Act to  revise the long-term building projects authorized for Northern State University.

     SB 211: FOR AN ACT ENTITLED, An Act to  establish a commission to study compliance with the federal Indian Child Welfare Act, to afford due regard to the Act, and to declare an emergency.

     HB 1013: FOR AN ACT ENTITLED, An Act to  require notice to the attorney general of appeals in certain juvenile proceedings regarding abuse and neglect, children in need of supervision, or delinquency.


     HB 1183: FOR AN ACT ENTITLED, An Act to  provide the temporary replacement of any elected official incapacitated by illness or accident.

     HB 1304: FOR AN ACT ENTITLED, An Act to  increase the personal needs allowance for certain medicaid recipients.

     HB 1305: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the veterans' bonus program, to make an appropriation therefor, and to declare an emergency.

     And signed the same in the presence of the Senate.

     Sen. Reedy moved that the Senate do now adjourn, which motion prevailed and at 6:09 p.m. the Senate adjourned.

Patricia Adam, Secretary