JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



NINETEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 5, 2007

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

     The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by Senate page Zoey DeWolf.

     Roll Call: All members present except Sen. Gray who was excused.

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 eighteenth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Jim Lintz, Vice Chair

     Which motion prevailed.
HONORED GUESTS


     The President introduced the 2007 Snow Queen, Elizabeth Troske from Turton, and the 2007 Junior Snow Queen, Desirae Wieseler from Faulkton, to the body.

     The oath of office was administered by the President to the following named persons:

    Pages (3rd term) -- Cassie Bauerle-Conlon, Sara Berg, Jacob Brakke, Zoey DeWolf, Laura Hofer, Samantha Maag, Blaine Reynolds, KaSara Sutton, Kristina Thompson, and Katherine Wagner.

    Which were subscribed to and placed on file in the office of the Secretary of State.

CONSIDERATION OF EXECUTIVE APPOINTMENT


     The Senate proceeded to the consideration of the executive appointment of Major General Michael A. Gorman of Pennington County, Rapid City, South Dakota, to the position of Secretary of the Department of Military and Veterans Affairs.

     The question being "Does the Senate advise and consent to the executive appointment of Major General Michael A. Gorman pursuant to the executive message as found on page 248 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Gray

     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 Judiciary respectfully reports that it has had under consideration SB 98 and 99 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill be amended as follows:

97rc
     On page 2 of the printed bill, delete line 22 , and insert "written notice of the transfer to the other party to the marriage."

     On page 3 , delete lines 13 to 24 , inclusive.

     On page 4 , delete lines 1 to 10 , inclusive.

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill be amended as follows:

142ra
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 62-7-31 be amended to read as follows:

     62-7-31.   Any party in interest may, after expiration of the time for a petition for review or appeal, present a memorandum of agreement, approved by the department, or a certified copy of any portion of an order or decision of the department , from which no petition for review or appeal has been filed, together with all papers in connection with the case, to the circuit court for the county in which the injury occurred whereupon . Thereupon the court shall render a judgment in accordance therewith and with the memorandum of agreement or portion of any order or decision of the department from which no petition for review has been filed, and the court shall notify the parties. Such The judgment shall have the same effect and in all proceedings in relation thereto be the same as though rendered in an action duly heard and determined by the court except that there shall be no appeal therefrom may be made on questions of fact. "


142fta
     On page 1, line 2 of the printed bill, delete " defaults " .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 85 and 144 which were deferred to the 41st Legislative Day.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 200 and returns the same with the recommendation that said bill be amended as follows:

200ra
     On page 1, line 6 of the printed bill, delete everything after " may " and insert ":

             (1)    Knowingly release or post any persons's social security number on the internet or any other media or domain available to the general public; or
             (2)    Require any person to transmit the persons's social security number over the internet, unless the connection is secure or the social security number is encrypted; or
             (3)    Require any person to use the person's social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.

     Section 2. As used in this Act, the terms, release, post, and transmit, mean to knowingly communicate or otherwise make available to the general public."

     On page 1 , delete lines 7 and 8 .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

202ra
     On page 1, line 6 of the printed bill, delete " four hundred " .

     On page 1 , line 6, overstrike " thousand " and insert " one million ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Tom Dravland of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Debra Flute of Roberts County, Browns Valley, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  7, 8, and 9 and returns the same with the recommendation that said resolutions do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 190 and returns the same with the recommendation that said bill be amended as follows:

190ob
     On page 2, line 23 of the printed bill, delete " 2006 " and insert "2007".

190oa
     On page 2, line 14 of the printed bill, after " food " insert "or other goods and services other than alcoholic beverages".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  4 and tabled the same.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  6 which was tabled.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  3, 4, 5, 10, and 11 and SB 161 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1006 and 1127 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1111 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 82 and returns the same with the recommendation that said bill be amended as follows:

82fb
     On page 1, line 12 of the printed bill, delete " fifty " and insert " twenty-five ".

     On page 1 , line 15, delete " five ten " and insert "five".

     On page 2 , line 1, delete " twenty- " and insert " ten ".

     On page 2 , line 2, delete " five " .

     On page 2 , delete lines 5 to 20 , inclusive, and insert:

    " (7) (4)     For traveling expenses in cars or planes owned by the sheriff, or necessary emergency vehicles a motor vehicle , a minimum mileage allowance of at least three cents over and above the rate set for state employees by the State Board of Finance but not more than six cents above the rate set for state employees by the State Board of Finance, as determined by the board of county commissioners, for each mile actually and necessarily traveled by car; motor vehicle. For traveling expenses in a private plane, a mileage allowance of ten cents above the rate set for state employees by the State Board of Finance for each mile actually and necessarily traveled by private plane ; except . However, actual cost may be paid for travel by train, bus, plane, or other commercial vehicle;".

     On page 2 , line 22, delete " fifty " and insert " thirty-five ".

     On page 3 , line 20, delete " one " and insert " fifty ".

     On page 3 , line 21, delete " hundred " .

     On page 4 , delete lines 2 to 5 , inclusive, and insert "dollar not exceeding four hundred dollars, nine eleven cents; for each dollar above four hundred dollars, and not exceeding one thousand dollars, five seven cents; for each dollar above one thousand dollars, not to exceed and not exceeding fifteen thousand dollars, five cents; for each dollar above fifteen thousand dollars, and not exceeding twenty-five thousand dollars, three cents ; but . However, in no case may".

     On page 4 , line 17, delete " one hundred " and insert " fifty ".

82ta
     On page 5, after line 4 of the printed bill, insert:

    " The fees established pursuant to this section shall be used for law enforcement purposes. "


     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 135 and returns the same with the recommendation that said bill be amended as follows:

135ta
     On page 2, after line 16 of the printed bill, insert:

    " Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. "

     On page 4 , after line 8, insert:

    " Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. "


     On page 4 , line 19, overstrike " the sum of " .

     On page 4 , line 20, before " fifty-eight " insert " the minimum salary payable is ".

     On page 5 , line 14, overstrike " the sum of " .

     On page 5 , line 15, before " sixty-one " insert " the minimum salary payable is ".

     On page 5 , after line 22, insert:

    " Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. "


     On page 6 , line 23, overstrike " listed " and insert " provided for ".

     On page 6 , after line 23, insert:

    " Beginning on January 1, 2010, and each year thereafter, the minimum salary payable for each position specified in this section shall be increased by three percent or by the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment, whichever is less. "


     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1110 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kenneth Albers, Chair

 Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 209 and returns the same with the recommendation that said bill be amended as follows:

209cb
     On page 1, line 10 of the printed bill, delete " or kickboxing competitions " and insert ", kickboxing, mixed martial arts, wrestling,".

     On page 1 , line 12, delete " or kickboxing competitions " and insert ", kickboxing, mixed martial arts, wrestling".

     On page 1 , line 13, delete everything after " all " and insert "participants requiring licensure under federal or state law; and".

     On page 1 , delete lines 14 and 15 .

     On page 2 , line 4, delete " one " and insert "five".

     On page 2 , line 13, delete " or kickboxing competition " and insert ", kickboxing, mixed martial arts, wrestling,".

     On page 2 , line 15, after " conducted " insert "and sanctioned".

     On page 2 , line 16, after " boxing " insert ", kickboxing, mixed martial arts, or wrestling".

209ctb
     On page 1, line 2 of the printed bill, delete " and kickboxing competitions " and insert ", kickboxing, mixed martial arts, wrestling,".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 211 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

 Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 58 and finds the same correctly enrolled.

Respectfully submitted,
Jim Lintz, Vice Chair

MOTIONS AND RESOLUTIONS


     SCR 5:   A CONCURRENT RESOLUTION,   Urging the Congress of the United States to reauthorize the State Children's Health Insurance Program at the federal level and to increase funding levels or modified state eligibility levels for qualified children.

    Was read the second time.

     Sen. Hunhoff moved that SCR 5 as found on page 359 of the Senate Journal be adopted.

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

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Apa; Gray

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 25 as found on page 357 of the Senate Journal ; also

     Taxation on SB 125 as found on page 353 of the Senate Journal ; also


     Taxation on SB 183 as found on page 354 of the Senate Journal ; also

     Health and Human Services on SB 193 as found on page 356 of the Senate Journal ; also

     Appropriations on HB 1010 as found on page 355 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 95:   FOR AN ACT ENTITLED, An Act to   establish a State Board of Technical Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer of authority over public postsecondary technical education from the Department of Education to the State Board of Technical Institutes.

     Was read the second time.

95rc

     Sen. Knudson moved that SB 95 be further amended as follows:

     On page 5, line 3 of the Senate Education Committee Engrossed bill, before " . " insert "including, without limitation, all rights, title, and interest of the school district in and to any sublease of facilities between the Board of Education and the school district entered into in connection with a program of the Health and Educational Facilities Authority under §  1-16A- 74".

     On page 5 , line 7, after " agency " insert "including obligations incurred in connection with the program of the Health and Educational Facilities Authority under §  1-16A-74".

     On page 9 , line 16, after " . " insert "The provisions of this section do not apply to any multi-use facility constructed and placed in operation prior to January 1, 2007."

     On page 16 , after line 18, insert:

    "Section 51. The state board is the lawful successor to the Board of Education with respect to (a) the lease purchase agreement dated as of August 1, 1988, between the Health and Educational Facilities Authority and the Board of Education, as heretofore amended or supplemented, (b) the first supplement to general pledge and escrow agreement between the treasurer, the Board of Education, the Health and Educational Facilities Authority, and the First National Bank in Sioux Falls, dated as of August 1, 1988, as amended and supplemented, (c) the fourth supplement to facility fee tuition collection and deposit agreement dated June 1, 1999, among the treasurer, the Board of Education, the First National Bank in Sioux Falls, and the school districts specified in section 19 of this Act, or their successors, as such agreement has been heretofore amended or supplemented from time to time, and (d) all other agreements related to the foregoing and with respect to vocational education program revenue bonds issued

from time to time by the Health and Educational Facilities Authority to finance property used by the technical institutes.

     Section 52. The state board has all necessary power and authority to enter into the agreements described in section 51 of this Act and succeeds to and assumes all of the obligations of the Board of Education with respect thereto and is bound by all of the covenants of the Board of Education in connection therewith, which obligations and covenants are hereby ratified and confirmed. All bonds, notes, or other evidences of indebtedness outstanding on the effective date of this Act are unaffected by the transfer of functions from the Board of Education to the state board. No contract with respect to such bonds may be deemed to have been impaired by this Act."


     Which motion prevailed.

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

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Albers; McNenny; Nesselhuf

     Excused:
Gray

     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 109:   FOR AN ACT ENTITLED, An Act to   exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

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

     The question being "Shall SB 109 pass?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak; Two Bulls

     Nays:
Apa; Duenwald; Greenfield; Hauge; Hunhoff; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

     Excused:
Gray

     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   allow a taxpayer who is the subject of an audit to provide evidence after the prescribed deadline under limited circumstances.

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

     Sen. Knudson moved that SB 159 and 43 be deferred to Tuesday, February 6, the 20th legislative day.

     Which motion prevailed.

     SB 42:   FOR AN ACT ENTITLED, An Act to   revise the discount provided to tobacco distributors purchasing tobacco stamps and to revise and repeal certain provisions regarding the cigarette tax.

     Was read the second time.

     The question being "Shall SB 42 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

     Yeas:
Dempster; Duenwald; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Turbak; Two Bulls

     Nays:
Abdallah; Albers; Apa; Bartling; Gant; Garnos; Greenfield; Kloucek; Koetzle; Maher; McCracken; Napoli; Schmidt (Dennis); Sutton


     Excused:
Gray

     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 47:   FOR AN ACT ENTITLED, An Act to   prevent illegal multiple employer welfare arrangements and other illegal health insurers.

     Was read the second time.

47je

     Sen. McCracken moved that SB 47 be further amended as follows:

     On page 4 , line 20 of the Senate Commerce Committee engrossed bill, delete everything after " . " .

     On page 4 , delete lines 21 and 22 .

     On page 17 , after line 4, insert:

    "Section 24. Nothing in this Act applies to an admitted insurer, nonadmitted insurer, or a MEWA if the arrangement is neither issued to a person in this state nor solicited in this state. For purposes of this section, the phrase, issued to a person, does not include providing a certificate of coverage, evidence of coverage, or other similar documents to an employee, participant, or dependent showing coverage under an employer's health benefit plan or arrangement."


     Which motion prevailed.

     The question being "Shall SB 47 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah; Gray

     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 106:   FOR AN ACT ENTITLED, An Act to   require certain family members to report sexual abuse to law enforcement authorities, to grant civil immunity for any good faith report, and to provide a penalty for failure to report.

     Was read the second time.

     Sen. Apa moved that SB 106 be laid on the table.

     The question being on Sen. Apa's motion that SB 106 be laid on the table.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah; Gray

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

     SB 108:   FOR AN ACT ENTITLED, An Act to   provide for the continuation of certain health insurance coverage for dependents.

     Was read the second time.

     Sen. Apa requested a fiscal note on SB 108.

     Which request was supported.

     SB 115:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the rule- making authority of the Board of Education.

     Was read the second time.


      Sen. Abdallah requested a fiscal note on SB 115.

     Which request was supported.

     SB 127:   FOR AN ACT ENTITLED, An Act to   require the disclosure of known contamination of waterways on property condition disclosure statements.

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

     Sen. Hunhoff requested that pending amendment 127ta, as found on page 315 of the Senate Journal, be withdrawn.

    There being no objection, Sen. Hunhoff's request was granted.

127rb

     Sen. Hunhoff moved that SB 127 be amended as follows:

     On page 6, line 21 of the printed bill, delete " Does " and insert " Are you aware of any ".

     On page 6 , line 22, delete " result in the contamination of " and insert " into ".

     Which motion prevailed.

     The question being "Shall SB 127 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Abdallah; Kloucek

     Excused:
Gray

     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   revise the definition of wages for unemployment insurance.

     Was read the second time.

     The question being "Shall SB 147 pass?"

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent 0

     Yeas:
Albers; Apa; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hauge; Hunhoff; Katus; Knudson; Lintz; Maher; McCracken; McNenny; Olson (Ed); Smidt (Orville)

     Nays:
Abdallah; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Kloucek; Koetzle; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

     Excused:
Gray

     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 31:   FOR AN ACT ENTITLED, An Act to   make an appropriation to assist sparse school districts.

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

     Sen. Heidepriem moved that SB 31 be deferred to Tuesday, February 6, the 20th legislative day.

     Which motion prevailed.

     SB 48:   FOR AN ACT ENTITLED, An Act to   adopt consumer protection standards for property casualty insurance claims.

     Was read the second time.

     The question being "Shall SB 48 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0


     Yeas:
Abdallah; Albers; Dempster; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Olson (Ed); Peterson (Jim); Smidt (Orville); Turbak; Two Bulls

     Nays:
Apa; Bartling; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Lintz; McNenny; Napoli; Nesselhuf; Schmidt (Dennis); Sutton

     Excused:
Gray

     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 52:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the purchase of certain property in Brookings County from the Department of Transportation and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Koetzle; McNenny

     Excused:
Gray; Hoerth

     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.

     SB 101:   FOR AN ACT ENTITLED, An Act to   establish a governance policy for school boards.

     Was read the second time.


     The question being "Shall SB 101 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Gray

     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 128:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the Soybean Research and Promotion Council.

     Was read the second time.

128tb

     Sen. Jim Peterson moved that SB 128 be further amended as follows:

     On page 4 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete lines 2 to 4 , inclusive, and insert:

    "Section 6. That chapter 38-29 be amended by adding thereto a NEW SECTION to read as follows:

     The assessment authorized pursuant to § § 38-29-8 and 38-29-9 may be imposed and collected only if the National Soybean Promotion, Research, and Consumer Information Act, 7 U.S.C. § § 6301-6311, as amended to January 1, 2007, is repealed."

     Which motion prevailed.

     The question being "Shall SB 128 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Gray

     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.

     SB 165:   FOR AN ACT ENTITLED, An Act to   repeal and reestablish provisions to regulate mortgage lenders and brokers.

     Was read the second time.

     The question being "Shall SB 165 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

     Excused:
Gray; Turbak

     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   make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

     Was read the second time.

     The question being "Shall SB 184 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Gray

     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.

     SB 185:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund tax refunds for elderly and disabled persons for property tax and sales tax refunds.

     Was read the second time.

     The question being "Shall SB 185 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Gray

     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.

     SB 186:   FOR AN ACT ENTITLED, An Act to   revise the definition of long-term care insurance.

     Was read the second time.

     The question being "Shall SB 186 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Apa; Gray

     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.

SIGNING OF BILLS


     The President publicly read the title to

     SB 19: FOR AN ACT ENTITLED, An Act to  revise the fee for certain licenses issued by the Board of Funeral Services.

     SB 22: FOR AN ACT ENTITLED, An Act to  prohibit the filing of tariffs for certain telecommunications services and to impose certain requirements regarding the availability of telecommunications services information.

     SB 24: FOR AN ACT ENTITLED, An Act to  update certain citations to federal regulations regarding the pipeline safety inspection and to revise certain provisions regarding the assessment of pipeline inspection fees.

     SB 58: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the South Dakota Energy Infrastructure Authority.

     HB 1011: FOR AN ACT ENTITLED, An Act to  make an appropriation to provide for the renovation of the National Guard armory in Brookings and to declare an emergency.

     HB 1013: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the standards for fire-resistant state buildings.

     HB 1028: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of physician assistants.

     HB 1047: FOR AN ACT ENTITLED, An Act to  revise the taxation of bundled transactions involving telecommunications services and related services.

     HB 1080: FOR AN ACT ENTITLED, An Act to  revise the definition of gross receipts for sales tax purposes.


     HB 1081: FOR AN ACT ENTITLED, An Act to  revise certain provisions to provide that motor vehicle license plates remain with the owner of the plates.

     HB 1103: FOR AN ACT ENTITLED, An Act to  revise certain requirements of vehicle and boat dealers to post damage disclosure statement notices.

     And signed the same in the presence of the Senate.

     Sen. Bartling moved that the Senate do now adjourn, which motion prevailed and at 4:25 p.m. the Senate adjourned.

Trudy Evenstad, Secretary