Senate Journal 2/1/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 1, 2010

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

The prayer was offered by the Chaplain, Father Michael Griffin, followed by the Pledge of Allegiance led by Senate page Sara Jorgensen.

Roll Call: All members present except Sen. Miles 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 twelfth 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 68 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 15, of the printed bill, after "." insert "No ordinance may require that any fire sprinkler be installed in a single family dwelling. The ordinance may not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2009 edition of the International Building Code."

On page 2, line 15, after "." insert "The provisions of this section do not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2009 edition of the International Building Code."

And that as so amended said bill do pass.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 1 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 74, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That chapter 34-14 be amended by adding thereto a NEW SECTION to read as follows:

Nothing in this chapter prohibits the use of any Food and Drug Administration approved treatments derived from or involving human embryonic stem cells."

On page 1, line 1, of the printed bill, delete everything after "to" and insert "clarify the use of treatments involving human embryonic stem cells."

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1030 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 Taxation respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete "No" and insert "The secretary may, by order, revoke or cancel the license of any".

On page 1, line 9, delete everything after "authorized" and insert ".".

On page 1, delete line 10.

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

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 78 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "or municipality" and insert ", municipality, or township".

On page 1, line 11, delete "or municipality" and insert ", municipality, or township".

On page 1, line 13, delete "or municipality" and insert ", municipality, or township".

On page 2, line 1, delete "or municipality" and insert ", municipality, or township".

On page 1, line 2, of the printed bill, after "municipalities" insert "and townships".

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

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 77 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

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

On page 1 of the printed bill, delete lines 6 to 10, inclusive, and insert:

"The state shall display on the searchable internet website created pursuant to § 1-27-45 copies of each written contract for supplies, services, or professional services of ten thousand dollars or more, each written contract filed with the state auditor pursuant to § 1-24A-1, and each written contract filed with the attorney general pursuant to § 1-11-15. Each contract shall be displayed electronically not less than sixty days after commencement of the contract term and for not less than one year following the end of the contract term."

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 SJR 2 and SB 93, 94, and 95 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 25 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 25 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1006, 1090, and 1095 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 1: A CONCURRENT RESOLUTION, Opposing the government takeover of health care as currently proposed by Congress and encouraging preservation of states' rights regarding health care regulation.

Was read the second time.

Sen. Brown moved that SCR 1 as found on page 163 of the Senate Journal be adopted.

The question being on Sen. Brown's motion that SCR 1 be adopted.

And the roll being called:

Yeas 22, Nays 10, Excused 3, Absent 0

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

Nays:
Bartling; Gillespie; Hanson (Gary); Hundstad; Jerstad; Kloucek; Merchant; Nesselhuf; Peterson; Turbak Berry

Excused:
Ahlers; Bradford; Miles

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

HCR 1004: A CONCURRENT RESOLUTION, Expressing the heartfelt condolences of South Dakotans to the people of Haiti for their losses resulting from the devastating and horrific earthquake of January 12, 2010, and also to urge the people of South Dakota to be charitable in this time of great human suffering.

Was read the second time.

Sen. Gillespie moved that the Senate do concur in HCR 1004 as found on page 168 of the House Journal.

The question being on Sen. Gillespie's motion that the Senate do concur in HCR 1004.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Miles

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 26 as found on page 158 of the Senate Journal; also

Appropriations on SB 47 as found on page 158 of the Senate Journal; also

Education on SB 63 as found on page 159 of the Senate Journal be adopted.

Which motion prevailed.

The Senate proceeded to the consideration of the executive reappointment of Vivian Asmussen of Hughes County, Pierre, South Dakota, to the Commission on Human Rights.

The question being “Does the Senate advise and consent to the executive reappointment of Vivian Asmussen pursuant to the executive message as found on page 36 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive reappointment of David Volk of Minnehaha County, Sioux Falls, South Dakota, to the Commission on Human Rights.

The question being “Does the Senate advise and consent to the executive reappointment of David Volk pursuant to the executive message as found on page 37 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Maher

Excused:
Kloucek; Miles

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

The Senate proceeded to the consideration of the executive appointment of Ani Aprahamian of the University of Notre Dame to the South Dakota Science and Technology Authority.

The question being “Does the Senate advise and consent to the executive appointment of Ani Aprahamian pursuant to the executive message as found on page 75 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Abdallah; Bartling; Miles

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

The Senate proceeded to the consideration of the executive appointment of Dr. Charles V. Shank of Kailua, Hawaii, to the South Dakota Science and Technology Authority.

The question being “Does the Senate advise and consent to the executive appointment of Dr. Charles V. Shank pursuant to the executive message as found on page 70 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive reappointment of Thomas Adam of Hughes County, Pierre, South Dakota, to the South Dakota Science and Technology Authority.

The question being “Does the Senate advise and consent to the executive reappointment of Thomas Adam pursuant to the executive message as found on page 74 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive reappointment of Casey Peterson of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

The question being “Does the Senate advise and consent to the executive reappointment of Casey Peterson pursuant to the executive message as found on page 75 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Mark Roby of Codington County, Watertown, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Mark Roby pursuant to the executive message as found on page 71 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Gary Grittner of Stanley County, Ft. Pierre, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Gary Grittner pursuant to the executive message as found on page 71 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Hundstad; Miles

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

The Senate proceeded to the consideration of the executive appointment of Bruce Rampelberg of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Bruce Rampelberg pursuant to the executive message as found on page 72 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Mark Johnston of Lincoln County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Mark Johnston pursuant to the executive message as found on page 73 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Stanley Porch of Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Stanley Porch pursuant to the executive message as found on page 73 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

President Pro Tempore Gray now presiding.

The Senate proceeded to the consideration of the executive appointment of Jeffory A. Erickson of Lincoln County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Jeffory A. Erickson pursuant to the executive message as found on page 74 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Glen Kane of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Glen Kane pursuant to the executive message as found on page 70 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive reappointment of Mike Trykoski of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being “Does the Senate advise and consent to the executive reappointment of Mike Trykoski pursuant to the executive message as found on page 34 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Raymond J. Wahle of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being “Does the Senate advise and consent to the executive appointment of Raymond J. Wahle pursuant to the executive message as found on page 35 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive appointment of Wayne M. Shanks of Minnehaha County, Colton, South Dakota, to the Assistant Adjutant General, Air.

The question being “Does the Senate advise and consent to the executive appointment of Wayne M. Shanks pursuant to the executive message as found on page 87 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive reappointment of Wanda Blair of Meade County, Vale, South Dakota, to the State Brand Board.

The question being “Does the Senate advise and consent to the executive reappointment of Wanda Blair pursuant to the executive message as found on page 129 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

The Senate proceeded to the consideration of the executive reappointment of Mark Kimball of Charles Mix County, Platte, South Dakota, to the State Brand Board.

The question being “Does the Senate advise and consent to the executive reappointment of Mark Kimball pursuant to the executive message as found on page 129 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 160 Introduced by: Senators Garnos, Kloucek, and Olson (Russell) and Representatives Van Gerpen, Fargen, Juhnke, and Krebs

FOR AN ACT ENTITLED, An Act to allow certain local governments to participate in the state health insurance plan.

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

SB 161 Introduced by: Senators Maher, Abdallah, Bartling, Bradford, and Hanson (Gary) and Representatives Lucas, Feickert, Hunhoff (Bernie), Jensen, Kirkeby, Olson (Betty), and Street

FOR AN ACT ENTITLED, An Act to impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.

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

SB 162 Introduced by: Senators Ahlers, Brown, Fryslie, and Hundstad and Representatives Wismer, Dennert, Peters, and Wink

FOR AN ACT ENTITLED, An Act to revise certain procedures relating to zero based budgeting.

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

SB 163 Introduced by: Senators Bradford, Bartling, and Turbak Berry and Representatives Engels, Hunhoff (Bernie), and Lange

FOR AN ACT ENTITLED, An Act to revise the penalty for first degree manslaughter.

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

SB 164 Introduced by: Senators Ahlers, Bradford, Brown, and Merchant and Representatives Lucas, Kirkeby, and Krebs

FOR AN ACT ENTITLED, An Act to require the Board of Regents to prepare a plan for the establishment of a community college system in South Dakota.

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

SB 165 Introduced by: Senators Heidepriem and Hanson (Gary) and Representatives Thompson and Hunhoff (Bernie)

FOR AN ACT ENTITLED, An Act to prohibit certain corporate contributions to political causes or candidates without shareholder approval.

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

SB 166 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to provide for the liquidation of the remaining property of the South Dakota Cement Plant Commission, to provide for the administration and payment

of existing liabilities, to provide for the orderly winding up of the commission's affairs, to provide for the transfer of any remaining net proceeds, and to abolish the commission.

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

SB 167 Introduced by: Senators Jerstad, Brown, Fryslie, Merchant, and Tieszen and Representatives Gibson, Jensen, Sorenson, and Van Gerpen

FOR AN ACT ENTITLED, An Act to provide for the reconfiguration of the South Dakota sex offender registry to facilitate enhanced utilization by the public.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1006: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain statutes related to the Department of Transportation.

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

HB 1090: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the county legal expense relief fund.

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

HB 1095: FOR AN ACT ENTITLED, An Act to permit local industrial development corporations to conduct bingo games and lotteries under certain conditions.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain statutes to reflect the current organizational structure of the Department of Education.

Was read the second time.

The question being “Shall HB 1022 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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 1023: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding make up time for school districts.

Was read the second time.

The question being “Shall HB 1023 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 67: 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.

Sen. Adelstein moved that SB 67 be amended as follows:

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

"Section 1. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding the provisions of § 13-13-72.1, for property taxes payable in 2011, the general fund school district levies set pursuant to § 10-12-42 for property classified as agricultural property and owner-occupied single-family dwellings shall be adjusted to equalize the levies between the two classifications.

Section 2. That § 10-12-42 be amended to read as follows:

10-12-42. For taxes payable in ~~2010~~ 2011 and each year thereafter, the levy for the general fund of a school district shall be as follows:

(1) The maximum tax levy shall be eight dollars and sixty-five and six tenths cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, and owner-occupied property as provided for in subdivision (3) of this section~~, and nonagricultural acreage property as provided for in subdivision (4) of this section~~;

(2) The maximum tax levy on agricultural property for such school district shall be ~~two~~ three dollars and ~~fifty-seven and three tenths~~ fifty-six cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies; and

(3) The maximum tax levy for an owner-occupied single-family dwelling as defined in § 10-13-40, for such school district may not exceed ~~four~~ three dollars and ~~four and two tenths~~ fifty-six cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies~~; and~~

(4) The maximum tax levy on nonagricultural acreage property as defined in § 10-6-33.14, for such school district shall be three dollars and fifty-seven and three tenths cents per thousand dollars of taxable valuation. If the district's levies are less than the maximum levies as stated in this section, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies.

All levies in this section shall be imposed on valuations where the median level of assessment represents eighty-five percent of market value as determined by the Department of Revenue and Regulation. These valuations shall be used for all school funding purposes. If the

district has imposed an excess levy pursuant to § 10-12-43, the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the maximum levies in this section. The school district may elect to tax at less than the maximum amounts set forth in this section. "

Sen. Adelstein requested a roll call vote.

Which request was not supported.

Sen. Adelstein's motion to amend SB 67 (67fa) lost.

The question being “Shall SB 67 pass?”

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Adelstein; Bradford

Excused:
Miles

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 7: FOR AN ACT ENTITLED, An Act to permit certain sex offenders who are homeless or on parole to reside in certain halfway homes or homeless shelters within community safety zones.

Was read the second time.

The question being “Shall SB 7 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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 8: FOR AN ACT ENTITLED, An Act to establish the application of certain statutes relating to the sex offender registry with regard to out-of-state offenders residing in the state of South Dakota.

Was read the second time.

The question being “Shall SB 8 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Miles

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 10: FOR AN ACT ENTITLED, An Act to reduce the grace period for certain sex offender registry registrations.

Was read the second time.

The question being “Shall SB 10 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Gillespie; Kloucek; Miles

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 11: FOR AN ACT ENTITLED, An Act to define solicitation of or conspiracy to commit certain crimes as registerable sex offenses.

Was read the second time.

The question being “Shall SB 11 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Howie; Miles

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 46: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being “Shall SB 46 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Gillespie; Howie; Miles

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 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

Was read the second time.

Sen. Hundstad moved that SB 48 be deferred to Tuesday, February 2, the 14^th legislative day.

Which motion prevailed.

SB 64: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

Was read the second time.

The question being “Shall SB 64 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Howie; Miles

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

Was read the second time.

The question being “Shall SB 66 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Howie; Miles

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049: FOR AN ACT ENTITLED, An Act to revise the qualifications for the director of the Division of Veterans Affairs.

Was read the second time.

The question being “Shall HB 1049 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Howie; Miles

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 1020: FOR AN ACT ENTITLED, An Act to authorize the transfer of certain special education funds to other funds under certain conditions and to declare an emergency.

Was read the second time.

The question being “Shall HB 1020 pass?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Brown

Excused:
Howie; Miles

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.

SIGNING OF BILLS

The President publicly read the title to

SB 25: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to tuition for students transferring from a resident district that does not receive state aid to education and

to repeal certain provisions related to state aid to education for students transferring to a nonresident school district that does not receive state aid to education.

And signed the same in the presence of the Senate.

Sen. Hansen (Tom) moved that the Senate do now adjourn, which motion prevailed and at 4:03 p.m. the Senate adjourned.

Trudy Evenstad, Secretary