JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 3, 2010

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

    The prayer was offered by the Chaplain, Pastor Wes Labrier, followed by the Pledge of Allegiance led by Senate page Jada Ratzlaff.

    Roll Call: All members present except Sens. Bartling and Schmidt who were 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 fourteenth 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,
Bob Gray, Chair

    Which motion prevailed.
HONORED GUESTS

    The President introduced the outstanding School Administrators of South Dakota for 2008-2009: Don Kirkegaard, Britton-Hecla, School Superintendent; Sherry Hansen, Tripp-Delmont, School Business Official; Dr. Jackie McNamara, Sioux Falls, Elementary School Principal; Jerry Rasmussen, Dakota Valley, Secondary School Principal; Dr. Debra Johnson, Chamberlain, Middle School Principal; Don Lyon, Meade, Assistant Secondary Principal; Darci Love, Huron, Curriculum Director; and John Fathke, South Central Ed Coop, Director of Special Education, for being named outstanding administrators by their respective administrator parent groups to the body.

COMMUNICATIONS AND PETITIONS

February 1, 2010

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of SDCL 23A-28B, and subject to your confirmation, I have the honor to inform you that I have appointed Sharon Kallemeyn to another term on the Crime Victims Compensation Commission. I have enclosed her Statement of Financial Interest and Executive Appointment.

    This reappointment is effective until June 30, 2012.

Sincerely,
Marty J. Jackley
ATTORNEY GENERAL

    The President announced the referral of the reappointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1031 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 128, 129, and 153 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 92 and 157 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill be amended as follows:

42oa

    On page 1, line 7, of the printed bill, after "appears" insert "on the sex offender registry or".

    On page 1, line 14, after "appears" insert "on the sex offender registry or".

    On page 1, after line 14, insert:

    "Section 2. That § 26-6-14.10 be amended to read as follows:

    26-6-14.10. No person who has been convicted of child abuse pursuant to chapter 26-10; a sex offense pursuant to chapter 22-22; or, within the preceding five years, any other felony; and no person whose name appears on the sex offender registry or on the central registry for child abuse and neglect may:

            (1)    Be licensed to operate a child welfare agency pursuant to § 26-6-14;

            (2)    Be registered to operate a family day care home pursuant to §  26-6-14.2; or

            (3)    Operate an unregistered family day care home as defined in §  26-6-14.8.

    Any person who has actual knowledge that some other person is violating this section and who subsequently fails to report such violation to the state's attorney or local law enforcement is guilty of a Class 1 misdemeanor. "

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

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill be amended as follows:

83ja
    On page 3, after line 1 of the printed bill, insert:

    "Section 4. The provisions of this Act do not apply to any of the following group living environments:

            (1)    A facility operated by the Department of Corrections;

            (2)    A facility operated by the Department of Human Services;

            (3)    A group care or residential treatment facility licensed by the Department of Social Services;

            (4)    A residential treatment facility accredited by the Department of Human Services;

            (5)    A community support provider as defined in § 27B-1-17;

            (6)    An intermediate care facility for the mentally retarded;

            (7)    A juvenile detention center or holding facility operated by a county; or

            (8)    A hospital or health care facility as defined in § 34-12-1.1."

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

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 62, 72, and 100 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 14 and 45 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair
Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 114 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 State Affairs respectfully reports that it has had under consideration SB 139 and returns the same with the recommendation that said bill be amended as follows:

139ja
    On page 2, line 5, of the printed bill, after "5-12;" insert "and".

    On page 2, line 6, delete "; and" and insert ".

    The Bureau of Administration shall notify the chair of the special committee created in § 4-8A-2 of any meeting of the State Building Committee. The chair of the special committee or a member appointed by the chair shall monitor the meetings and actions of the State Building Committee."


    On page 2, delete lines 7 and 8.

    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 106 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 111, 112, 113, and 138 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 25 was delivered to his Excellency, the Governor, for his approval at 10:06 a.m., February 3, 2010.

Respectfully submitted,
Bob Gray, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1010, 1034, 1044, 1047, 1074, 1075, 1086, 1089, 1091, 1094, 1100, and 1126 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Thursday, February 4, the 16th legislative day.

    Which motion prevailed.

    Sen. Knudson moved that the Senate rules be amended by adding thereto a new rule to read as follows:

S7-2.1. Each standing committee may report an uncontested nomination out of committee with recommendation that it be placed on the consent calendar where it shall be subject to Joint Rules 13-2, 13-3, and 13-4.

    The question being on Sen. Knudson's motion that the Senate rules be amended by adding thereto a new rule to read as follows:

S7-2.1. Each standing committee may report an uncontested nomination out of committee with recommendation that it be placed on the consent calendar where it shall be subject to Joint Rules 13-2, 13-3, and 13-4.

    And the roll being called:

    Yeas 23, Nays 10, Excused 2, Absent 0



    Yeas:
Adelstein; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Nays:
Abdallah; Ahlers; Bradford; Brown; Gant; Gillespie; Kloucek; Maher; Miles; Olson (Russell)

    Excused:
Bartling; Schmidt

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on SB 54 as found on page 205 of the Senate Journal; also

    Commerce on SB 57 as found on page 211 of the Senate Journal; also

    Commerce on SB 60 as found on page 211 of the Senate Journal; also

    Agriculture and Natural Resources on SB 75 as found on page 206 of the Senate Journal; also

    Agriculture and Natural Resources on SB 85 as found on page 206 of the Senate Journal; also

    Education on SB 121 as found on page 204 of the Senate Journal be adopted.

    Which motion prevailed.

    The Senate proceeded to the consideration of the executive appointment of Kenneth D. Albers of Lincoln County, Canton, South Dakota, to the Board of Pardons and Paroles.

    The question being “Does the Senate advise and consent to the executive appointment of Kenneth D. Albers pursuant to the executive message as found on page 130 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

    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 Timothy Reisch of Miner County, Howard, South Dakota, to the Secretary of the Department of Corrections.

    The question being “Does the Senate advise and consent to the executive reappointment of Timothy Reisch pursuant to the executive message as found on page 86 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

    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 Dennis L. Kaemingk of Davison County, Mitchell, South Dakota, to the Board of Pardons and Paroles.

    The question being “Does the Senate advise and consent to the executive reappointment of Dennis L. Kaemingk pursuant to the executive message as found on page 50 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0



    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

    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 Jack Hieb of Brown County, Aberdeen, South Dakota, to the Board of Pardons and Paroles.

    The question being “Does the Senate advise and consent to the executive appointment of Jack Hieb pursuant to the executive message as found on page 50 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 178 Introduced by: Senators Maher and Kloucek and Representatives Olson (Betty), Schrempp, and Verchio

    FOR AN ACT ENTITLED, An Act to provide for the issuance of reduced fee hunting and fishing licenses to certain persons with disabilities.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.



    SB 179 Introduced by: Senators Gillespie, Adelstein, Heidepriem, Hundstad, Jerstad, Kloucek, Merchant, Schmidt, Tieszen, and Turbak Berry and Representatives Feinstein, Burg, Cutler, Engels, Fargen, Frerichs, Gosch, Hunhoff (Bernie), Hunt, Kirkeby, Krebs, Lederman, Lucas, Nygaard, and Sorenson

    FOR AN ACT ENTITLED, An Act to require that certain contested cases be heard by hearing examiners in the Office of Hearing Examiners.

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

    SB 180 Introduced by: Senators Howie, Brown, Gant, Kloucek, Maher, Novstrup (Al), Peterson, and Schmidt and Representatives Kopp, Brunner, Cronin, Frerichs, Hoffman, Jensen, Kirkeby, Lederman, Olson (Betty), Russell, Steele, and Verchio

    FOR AN ACT ENTITLED, An Act to clarify certain statutes prohibiting political subdivisions from restricting firearms.

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

    SB 181 Introduced by: Senators Adelstein, Bradford, and Nelson and Representative McLaughlin

    FOR AN ACT ENTITLED, An Act to temporarily increase the state sales and use tax to fund the state budget shortfall and to declare an emergency.

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

    SB 182 Introduced by: Senators Vehle, Brown, and Fryslie and Representatives Krebs and Street

    FOR AN ACT ENTITLED, An Act to provide for the annual adjustment of certain fuel tax rates.

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

    SB 183 Introduced by: Senators Vehle, Garnos, and Knudson and Representatives Hamiel and Carson

    FOR AN ACT ENTITLED, An Act to exclude students served in residential treatment facilities from the calculation of the small school adjustment in the state aid to general education formula.

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



    SB 184 Introduced by: Senators Novstrup (Al), Brown, Fryslie, Gant, Hansen (Tom), Howie, Hundstad, Jerstad, and Schmidt and Representatives Peters, Cronin, Cutler, Deadrick, Dennert, Fargen, Feickert, Rausch, and Steele

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxes imposed by water development districts and the formation of water development districts.

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

    SB 185 Introduced by: Senator Novstrup (Al) and Representative Rounds

    FOR AN ACT ENTITLED, An Act to redact certain information from public records that may endanger a person's life or safety.

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

    SB 186 Introduced by: Senators Gray, Abdallah, Ahlers, Bartling, Brown, Dempster, Gant, Garnos, Hansen (Tom), Jerstad, Maher, and Miles and Representatives Peters, Faehn, Gibson, Hamiel, Hunhoff (Bernie), Krebs, Noem, Novstrup (David), Olson (Betty), Rave, Rounds, Thompson, and Turbiville

    FOR AN ACT ENTITLED, An Act to change the unemployment insurance wage base and contribution rates and to declare an emergency.

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

    SB 187 Introduced by: Senators Gray and Knudson and Representatives Faehn, Noem, and Rave

    FOR AN ACT ENTITLED, An Act to provide for the adjustment of appropriated moneys to projected available revenues.

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

    SB 188 Introduced by: Senators Nelson, Fryslie, Olson (Russell), and Tieszen and Representatives Turbiville, Conzet, Kirkeby, Krebs, Rausch, Romkema, Rounds, and Solum

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

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



    SB 189 Introduced by: Senators Dempster and Novstrup (Al) and Representatives Van Gerpen, Cutler, and Faehn

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding nonmedical remedial health services for children.

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

    SB 190 Introduced by: Senators Dempster and Gillespie and Representatives Cutler, Engels, and Krebs

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the opt-out rights of credit card customers.

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

    SB 191 Introduced by: Senators Dempster, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Garnos, Gillespie, Hanson (Gary), Heidepriem, Hundstad, Jerstad, Knudson, Merchant, Miles, Nelson, Nesselhuf, Peterson, Turbak Berry, and Vehle and Representatives Krebs, Blake, Cutler, Elliott, Engels, Faehn, Fargen, Feinstein, Gibson, Hunhoff (Bernie), Killer, Lederman, Lucas, McLaughlin, Rave, Romkema, Sorenson, Street, Thompson, Tidemann, Turbiville, and Vanderlinde

    FOR AN ACT ENTITLED, An Act to establish the South Dakota Early Learning Council, and to establish community planning processes and eligibility criteria for entities seeking state funding to provide voluntary prekindergarten programs to children from low-income families.

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

    SB 192 Introduced by: Senators Merchant, Brown, Fryslie, Hundstad, and Jerstad and Representatives Street, Bolin, Frerichs, Kirkeby, Nygaard, and Rausch

    FOR AN ACT ENTITLED, An Act to modify distributions from the wind energy tax fund.

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

    SB 193 Introduced by: Senators Adelstein, Jerstad, Merchant, and Turbak Berry and Representatives Moser, Blake, Hunhoff (Bernie), Thompson, and Vanderlinde

    FOR AN ACT ENTITLED, An Act to expand medicaid eligibility for pregnant women and to provide an appropriation therefor.

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



    SB 194 Introduced by: Senator Hanson (Gary) and Representative Gibson

    FOR AN ACT ENTITLED, An Act to revise provisions related to school district tuition for children placed in certain state institutions.

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

    SB 195 Introduced by: Senators Gray, Dempster, Knudson, and Rhoden and Representatives Faehn, Rave, and Tidemann

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to tax refunds.

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

    SJR 7 Introduced by: Senators Rhoden, Adelstein, Brown, Dempster, Fryslie, Gant, Gray, Hansen (Tom), Haverly, Howie, Hunhoff (Jean), Knudson, Novstrup (Al), Olson (Russell), and Schmidt and Representatives Noem, Boomgarden, Brunner, Carson, Curd, Faehn, Gosch, Hamiel, Juhnke, Kirkeby, Krebs, Lust, Olson (Betty), Rausch, Rave, Rounds, and Turbiville

    A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VIII of the Constitution of the State of South Dakota relating to school districts expending public funds to support certain lawsuits against the State of South Dakota.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1010: FOR AN ACT ENTITLED, An Act to revise the requirements for the compilation and printing of the legislative manual referred to as the blue book.

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

    HB 1034: FOR AN ACT ENTITLED, An Act to authorize the collection of a mailing fee if plates or decals are mailed to certain dealers, motor carrier applicants, and boat owners.

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

    HB 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, physician assistants, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.



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

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain powers of a conservator.

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

    HB 1074: FOR AN ACT ENTITLED, An Act to allow copies of juvenile files to be provided to certain named parties or by court order rather than limiting use to inspection of the file only.

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

    HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to credit against unpaid fines and costs for time served and to disallow credit for time served against unpaid victim restitution.

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

    HB 1086: FOR AN ACT ENTITLED, An Act to permit certain municipalities to issue an additional off-sale alcoholic beverage license.

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

    HB 1089: FOR AN ACT ENTITLED, An Act to clarify permissible insurance policy provisions.

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

    HB 1091: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal elections in the case of death or withdrawal of a candidate.

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

    HB 1094: FOR AN ACT ENTITLED, An Act to subject the gross receipts of contractors engaged in realty improvement contracts for certain municipal utilities to the contractor's excise tax instead of the alternative contractor's excise tax and to declare an emergency.

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


    HB 1100: FOR AN ACT ENTITLED, An Act to revise certain provisions related to airport revenue bonds.

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

    HB 1126: FOR AN ACT ENTITLED, An Act to require property owners of a homestead who are delinquent in paying their property taxes to notify the county treasurer when they meet certain age requirements.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Pursuant to Senate Rule 6-1, the President removed HB 1021 from the Consent Calendar.

    SB 4: FOR AN ACT ENTITLED, An Act to revise certain rule-making authority regarding the sale of certain alcoholic beverage container sizes to on-sale licensees.

    Was read the second time.

    The question being “Shall SB 4 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

    SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to delinquent tax accounts.

    Was read the second time.


    The question being “Shall SB 33 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

    SB 78: FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to municipalities and townships from taxes on real property.

    Was read the second time.

    The question being “Shall SB 78 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

    SB 86: FOR AN ACT ENTITLED, An Act to revise certain requirements related to the licensure of veterinarians.

    Was read the second time.


    The question being “Shall SB 86 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

    HB 1024: FOR AN ACT ENTITLED, An Act to repeal the requirement for school districts to have certain teaching certificates on file.

    Was read the second time.

    The question being “Shall HB 1024 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 58: FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small renewable energy facilities.



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

58ob

    Sen. Knudson moved that SB 58 be further amended as follows:

    On page 1, line 5, of the Senate State Affairs Committee engrossed bill, after "electricity" insert "or energy".

    On page 1, line 7, after "electricity" insert "or energy".

    On page 1, line 14, after "electricity" insert "or energy".

    On page 2, line 2, after "electricity" insert "or energy".

    On page 2, line 10, after "." insert "However, for geothermal renewable energy facilities that produce energy, but not electricity, this exemption is limited to the first four continuous years for residential geothermal renewable energy facilities and the first three continuous years for commercial geothermal renewable energy facilities."

    Which motion prevailed.

    The question being “Shall SB 58 pass as amended?”

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Gant; Garnos; Gillespie; Gray; Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Nays:
Dempster; Fryslie; Hansen (Tom); Haverly; Hundstad; Hunhoff (Jean); Olson (Russell)

    Excused:
Bartling; Schmidt

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

    SB 68: FOR AN ACT ENTITLED, An Act to update certain references to the building code.

    Was read the second time.



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    Sen. Gant moved that SB 68 be further amended as follows:

    On page 1, line 13, of the Senate Commerce Committee engrossed bill, overstrike "The" and insert "No".

    On page 1, line 13, overstrike "not".

    On page 2, line 1, delete "The" and insert "No".

    On page 2, line 2, delete "not".

    Which motion prevailed.

    The question being “Shall SB 68 pass as amended?”

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Ahlers; Jerstad; Miles; Tieszen

    Excused:
Bartling; Schmidt

    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.

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    Sen. Gant moved that the title to SB 68 be amended as follows:

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise certain provisions relating to standards for new construction."


    Which motion prevailed.

    SB 74: FOR AN ACT ENTITLED, An Act to clarify the use of treatments involving human embryonic stem cells.

    Was read the second time.

    The question being “Shall SB 74 pass as amended?”

    And the roll being called:

    Yeas 12, Nays 21, Excused 2, Absent 0

    Yeas:
Adelstein; Dempster; Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Nelson; Nesselhuf; Tieszen; Turbak Berry; Vehle

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

    Excused:
Bartling; Schmidt

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

    SB 82: FOR AN ACT ENTITLED, An Act to require certain state contracts to be displayed on a searchable internet website.

    Was read the second time.

    The question being “Shall SB 82 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle


    Excused:
Bartling; Schmidt

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

    SB 88: FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

    Was read the second time.

    President Pro Tempore Gray now presiding.

    The question being “Shall SB 88 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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

    SB 110: FOR AN ACT ENTITLED, An Act to provide for the posting of a bond by parolees under certain circumstances.

    Was read the second time.

    The President now presiding.

    The question being “Shall SB 110 pass?”

    And the roll being called:


    Yeas 28, Nays 5, Excused 2, Absent 0

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

    Nays:
Gillespie; Hundstad; Kloucek; Nesselhuf; Peterson

    Excused:
Bartling; Schmidt

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1013: FOR AN ACT ENTITLED, An Act to authorize the Department of Environment and Natural Resources to accept certain documents submitted with electronic signatures.

    Was read the second time.

    The question being “Shall HB 1013 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; 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; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

    Excused:
Bartling; Schmidt

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


COMMEMORATIONS

    SC 6 Introduced by: Senators Brown, Haverly, and Vehle and Representatives Carson and Hamiel

        A LEGISLATIVE COMMEMORATION, Honoring the memory and the life of Lieutenant Clinton Wermers.

    WHEREAS, Clinton was a loving son to his parents, Ronald and the late Susette Wermers; husband to his expecting wife, Shannon; and father to his children, Cadence and Audrey; and

    WHEREAS, Clinton Wermers, a Mount Vernon, South Dakota, native graduated from Mount Vernon High School in 1995 and South Dakota State University with a Bachelor of Science in Geography; and

    WHEREAS, Lieutenant Clinton Wermers began his military career in 2002. Lieutenant Wermers earned his wings of gold in July 2003, pinned on by his mother Susette. He selflessly served in the United States Navy for eight years as a naval aviator. As an Aircraft Commander in the VQ-3 Ironmen, he conducted operational missions in the E-6B Mercury. As a flight instructor in VT-6, he was a role model to future naval aviators both on the ground and in the T-34C Turbomentor; and

    WHEREAS, Lieutenant Clinton Wermers served in the Armed Forces with distinction receiving the Navy/Marine Corp Achievement Medal, the Armed Forces Reserve Meritorious Service Medal, the National Defense Service Medal, and the Global War on Terrorism Medal and the Army Service Ribbon; and

    WHEREAS, Clinton was a proud South Dakotan exemplifying the work ethic and values shared throughout the state; and

    WHEREAS, Lieutenant Clinton Wermers gave the ultimate sacrifice during a routine training flight while preparing a future generation of aviators to protect and defend the United States of America:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Lieutenant Clinton Wermers be remembered for his unselfish and loyal contributions to his family, to South Dakota, and to this country. From the lives and people Clint has touched in both South Dakota and the United States Navy: "Fair winds and following seas."

    SC 7 Introduced by: Senator Brown and Representatives Cronin and Hoffman

        A LEGISLATIVE COMMEMORATION, Honoring the memory and the life of Gloria Haiwick.

    WHEREAS, Gloria Haiwick was a loving wife, mother, and grandmother to her husband Gary, children Denice, Greg, Paula, and Judy, and ten grandchildren; and

    WHEREAS, Gloria devoted her life to education and mentoring the youth of South Dakota. She spent thirty-two years teaching Home Economics and Family and Consumer Sciences. After retirement, she reentered the teaching profession, substituting until a permanent replacement could be found; and

    WHEREAS, Gloria was a dedicated and active adviser for the student organization, Family, Career, and Community Leaders of America. She served as a role model and mentor to thousands of youth, touching and bettering lives in every corner of the state. She advised students at both the state and national level, while leading the local chapter in community service projects too numerous to count; and

    WHEREAS, Gloria was selected as a national recipient of the Association for Career and Technical Education Outstanding Teacher in Community Service award. Gloria was the well-deserved recipient of numerous local, state, and national recognitions, including the Bob Thingelstad award; and

    WHEREAS, Gloria's devotion to the youth of South Dakota will remain evident long after her passing through the thousands of lives she touched:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Gloria Haiwick be remembered for her unselfish devotion to her family and to the youth of South Dakota.

    SC 8 Introduced by: Senators Knudson, Abdallah, Ahlers, Brown, Dempster, Fryslie, Garnos, Gray, Heidepriem, Hunhoff (Jean), Maher, Nelson, Nesselhuf, Olson (Russell), Rhoden, and Turbak Berry and Representatives Faehn, Burg, Cutler, Deadrick, Fargen, Feickert, Frerichs, Gosch, Hunhoff (Bernie), Kirkeby, Kirschman, Lederman, Lust, Moser, Noem, Rausch, Rounds, Steele, Tidemann, Vanderlinde, and Wismer

        A LEGISLATIVE COMMEMORATION, Commending and honoring the South Dakota Association of Community Based Services, as the recipient of the national "Moving Mountains Best Practice Award" for 2008-2009 from the University of Minnesota's Research and Training Center on Community Living and the National Alliance for Direct Support Professionals.

    WHEREAS, the South Dakota Association of Community Based Services (SDACBS) is comprised of nineteen Community Support Providers, who provide support and services to approximately 3,700 South Dakota children and adults with developmental disabilities; and

    WHEREAS, Community Support Providers have partnered with the State of South Dakota to provide expanded opportunities for people with disabilities to live, work, and participate as active members of their community; and

    WHEREAS, this partnership has enabled individuals with disabilities to gain greater independence, live healthier lives, and become more involved and productive members of their communities; and

    WHEREAS, the nineteen Community Support Providers located in Aberdeen, Brookings, Chamberlain, Huron, Lemmon, Madison, Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Sturgis, Watertown, Winner, Yankton, and Vermillion have been recognized at the national level for their exceptional service to South Dakota citizens with developmental disabilities:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the South Dakota Association of Community Based Services and its member Community Support Providers, are recognized as the national winners of the "Moving Mountains Best Practices" Award.

SIGNING OF BILLS

    The President publicly read the title 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.

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

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

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

    And signed the same in the presence of the Senate.

    Sen. Knudson moved that the Senate do now adjourn, which motion prevailed and at 4:13 p.m. the Senate adjourned.

Trudy Evenstad, Secretary