Senate Journal 2/23/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 23, 2010

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

The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate pages Abbie Schuring and Elizabeth Volzke.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-fifth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 193, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1188 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1160 and returns the same with the recommendation that said bill be amended as follows:

1160ce

On page 1, line 12, of the printed bill, after "higher" insert ", while also attaining sufficiently high markers in reading, writing, mathematics, and science as not to require remediation in any of those areas".

On page 1, line 14, after "higher" insert ", while also attaining sufficiently high markers in reading, writing, mathematics, and science as not to require remediation in any of those areas".

1160cf

On page 1, line 11, of the printed bill, delete "twenty-" and insert "twenty-eight".

On page 1, line 12, delete "six".

1160cd

On page 1, line 6, of the printed bill, delete "the Board of Regents determines cannot complete" and insert "does not meet".

On page 1, line 8, delete everything after "2009," .

On page 1, line 11, delete "while still receiving the alternative instruction".

On page 1, delete lines 13 and 14, and insert:

"(2) The student takes the Scholastic Assessment Test and earns a verbal-mathematics score of twelve hundred or higher."

1160cta

On page 1, line 1, of the printed bill, delete "a home school student" and insert "certain students".

And that as so amended said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1037, 1040, 1069, 1089, and 1189 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1127 and 1260 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1062, 1064, 1065, 1070, and 1073 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1008, 1063, and 1074 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 HB 1047 and returns the same with the recommendation that said bill be amended as follows:

1047rf

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

"Section 1. That chapter 29A-5 be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any other statutory provision to the contrary, if the State of South Dakota is the conservator of a protected person and if the assets of the conservatorship are less than two thousand dollars, upon the death of the protected person, the conservator may elect to provide notice pursuant to § 29A-5-410 and obtain court approval to pay the debts and distribute the assets of the protected person to the heirs and devisees of the protected person pursuant to chapter 29A-2."

1047rtb

On page 1, line 1, of the House Judiciary Committee engrossed bill, delete everything after "to" and insert "clarify certain powers of the state as conservator of a protected person."

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

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 34 and 36 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., February 23, 2010.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 68 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 68 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1041, 1136, 1150, 1161, 1164, 1167, 1177, 1187, 1222, 1227, 1248, 1249, and 1270 and HJR 1004 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Adelstein moved that the Senate Appropriations Committee report on SB 193 be placed on the calendar of Tuesday, February 23, the 26^th legislative day.

The question being on Sen. Adelstein's motion that the Senate Appropriations Committee report on SB 193 be placed on the calendar of Tuesday, February 23, the 26^th legislative day.

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Adelstein; Ahlers; Bradford; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Turbak Berry

Nays:
Abdallah; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Knudson; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Vehle

Excused:
Schmidt

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

Yesterday, Sen. Turbak Berry announced her intention to reconsider the vote by which SB 84 lost.

Sen. Turbak Berry moved that the Senate do now reconsider the vote by which SB 84 lost.

The question being on Sen. Turbak Berry's motion to reconsider the vote by which SB 84 lost.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

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

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

Excused:
Schmidt

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

Yesterday, Sen. Turbak Berry announced her intention to reconsider the vote by which SB 169 lost.

Sen. Turbak Berry moved that the Senate do now reconsider the vote by which SB 169 lost.

The question being on Sen. Turbak Berry's motion to reconsider the vote by which SB 169 lost.

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

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

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

Excused:
Schmidt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 169 was up for reconsideration and final passage.

Sen. Turbak Berry moved that SB 169 be immediately considered.

Which motion prevailed.

SB 169: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and until the insured is made whole.

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

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

And the roll being called:

Yeas 18, Nays 17, Excused 1, Absent 0

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

Nays:
Brown; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Maher; Miles; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Vehle

Excused:
Schmidt

The President voted Yea.

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.

SCR 3 Introduced by: Senators Gant, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Gosch, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Conzet, Cronin, Curd, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer

A CONCURRENT RESOLUTION, Commemorating the 100th anniversary of the South Dakota State Capitol.

WHEREAS, on October 1, 1889, the citizens of the southern Dakota Territory adopted a constitution, elected their first state officials, and selected the city of Pierre as their temporary capital; and

WHEREAS, on November 4, 1890, the citizens of the state of South Dakota selected the city of Pierre as their permanent capital in competition with the city of Huron. On November 8, 1904, the citizens of the state of South Dakota again selected the city of Pierre as their permanent capital after a spirited campaign with the city of Mitchell; and

WHEREAS, the 1905 South Dakota Legislature authorized the construction of a permanent State Capitol. The building was constructed between 1905 and 1910. The plans for the building were designed by the Minneapolis architectural office of C.E. Bell and M.S. Detwiler. The building is based on a design similar to the Montana State Capitol in Helena, Montana. The planning process and construction costs were almost $1,000,000; and

WHEREAS, on June 25, 1908, the granite cornerstone embossed with the Great Seal of South Dakota was ceremonially placed. State employees moved into the new State Capitol on May 1, 1910, and the building was officially dedicated on June 30, 1910; and

WHEREAS, from the first floor, a marble staircase leads upstairs. On the second floor, the Grand Marble Staircase was constructed of white cloud marble shipped from the states of Tennessee and Vermont. The stained glass ceiling area above this staircase is referred to as the vault. The staircase opens onto a rotunda and the word, rotunda, means "under the dome." The distance from the rotunda floor to the very top center black circle of the dome is ninety-six feet. It is another sixty-five feet to the top of the copper outer dome. A Greek-Roman architectural style was used in constructing the Capitol. This style of architecture contains much symbolism, which is reflected in each level of the dome. The bottom ring is designed to resemble a string of ribbons joined together, which is meant to symbolize the eternal nature of government. The interior of the dome is decorated with sixteen images of the Tree of Life. The dome also displays acanthus leaves to represent wisdom and a pasque flower, which is the state flower; and

WHEREAS, in each corner under the dome are large murals of Greek goddesses which symbolize major interests in South Dakota. These murals were painted in 1910 by Edward Simons and still represent South Dakota as we know it today. Below each mural are Seals of Sovereignty. The purple-clothed goddess mural symbolizes livestock, and the seal under this mural represents France. The green-clothed goddess symbolizes industry and mining, and the seal under this mural represents Spain. Both Spain and France at one time owned the land now called South Dakota. The pink and white goddess mural symbolizes the love of family and state, and the seal under this mural is the State Seal of South Dakota. The golden-clothed goddess symbolizes agriculture, and the seal under this mural is the Seal of the United States; and

WHEREAS, the third floor houses the state's House of Representatives and the state's Senate. The galleries for both, from which the public can observe the legislative process, are located on the fourth floor; and

WHEREAS, the House chamber accommodates two members from each of thirty-five legislative districts. The ceiling of the House chamber features Victorian leaded stained glass. At the front of the chambers, ceiling level, is the largest painting in the Capitol. The painting is entitled, "The Peace That Passes Understanding," by Charles Holloway. The rolltop desks in the House are constructed of oak wood, which in 1910 was less expensive than mahogany. The House chamber is larger in size than the Senate. Instead of marble columns, there are columns made of plaster which have been elaborately decorated; and

WHEREAS, the Senate chamber accommodates one person from each of the thirty-five legislative districts and appears to be decorated a little more lavishly than the House of Representatives. At the time when the decorating budgets were made, both chambers were given the same dollar amount. Since there were twice as many legislators in the House as the Senate, the Representatives had to spend their budget prudently. The Senate chamber lower wall area around the third floor is marble and the rolltop desks are constructed of cherry wood which has been stained a dark mahogany. A canvas painting, at top ceiling level, is entitled, "The Louisiana Purchase," by Charles Holloway. The ceiling of the Senate chamber is Victorian stained glass, cathedral in shape, which corresponds with the shape of the room; and

WHEREAS, the columns in the Capitol are scagliola, which is a man-made marble. This style comes from Italy and it is considered a lost art. The components that make up the scagliola overlay are milk, ink, marble dust, and yarn. Under the scagliola layer is a cement pillar with a steel rod through the middle. In 1910 it cost approximately one hundred dollars to make a scagliola column, in comparison to one thousand dollars to make a marble column; and

WHEREAS, the floor in the capitol building is made of terrazzo tile, which is said to have been laid by sixty-six Italian artists. To give these artists a chance to place their signatures in the building, each was given a blue stone to place in the floor. However, only fifty-five of the blue stones have been found, and, it is thought that the remaining stones may have been placed in locations now covered by walls, doors, or carpeting; and

WHEREAS, the marble floor area inside the north entrance door is different from the Italian terrazzo tile used throughout the rest of the building. The reason for the dark marble floor here is that this portion of the building was added on to the main Capitol in 1932 and is referred to as the annex of the Capitol; and

WHEREAS, in anticipation of South Dakota's state centennial in 1989, the building was extensively renovated and restored during the administrations of Governors Richard F. Kneip, Harvey L. Wollman, Bill Janklow, and George S. Mickelson. The renovation took twenty-two years and restored much of the building and its decoration, including the tile floor, to its original appearance. The tiled floor was repaired and each of the tile workers who did the repairs is said to have been given a heart-shaped stone with which to sign the new floor, as the original workers had done:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fifth Legislature of the State of South Dakota, and the House of Representatives concurring therein, that the State Capitol has faithfully served the people of South Dakota for one hundred years and remains the center of South Dakota government; and

BE IT FURTHER RESOLVED, that the people of South Dakota commemorate the one hundredth anniversary of this great historic building with events on March 1 and June 19, 2010, in Pierre.

Was read the first time, the President waived the referral to committee, and placed SCR 3 on the calendar of Wednesday, February 24, the 27^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 104 as found on page 392 of the Senate Journal; also

Appropriations on SB 195 as found on page 394 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application and administration of the cigarette tax and to repeal certain requirements concerning cigarette stamps.

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

HB 1136: FOR AN ACT ENTITLED, An Act to limit asbestos-related liabilities for certain successor corporations.

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

HB 1150: FOR AN ACT ENTITLED, An Act to revise the calculation of the small school adjustment in the state aid to education formula for certain students who participate in open enrollment.

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

HB 1161: FOR AN ACT ENTITLED, An Act to provide that an out-of-country foreign judgment need not be recognized if the cause of action resulted in a defamation judgment obtained in a jurisdiction outside the United States, unless a court in this state first determines that the defamation law applied in the foreign court's adjudication provided at least as much protection for freedom of speech and press as would be provided in this state.

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

HB 1164: FOR AN ACT ENTITLED, An Act to revise no contact provisions in cases of stalking and domestic abuse.

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

HB 1167: FOR AN ACT ENTITLED, An Act to revise the term of service of a grand jury.

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

HB 1177: FOR AN ACT ENTITLED, An Act to prohibit the granting of subsequent suspended impositions of sentence to the same defendant.

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

HB 1187: FOR AN ACT ENTITLED, An Act to prohibit the killing, injury, or interference with a law enforcement support animal and to establish certain penalties.

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

HB 1222: FOR AN ACT ENTITLED, An Act to exempt persons selling certain foods at farmers' markets from licensure requirements and to establish other requirements for the sale of those foods.

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

HB 1227: FOR AN ACT ENTITLED, An Act to permit townships to provide certain health, life, and disability income insurance benefits.

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

HB 1248: FOR AN ACT ENTITLED, An Act to revise the definition of fall enrollment in the state aid to education formula and to eliminate the one-time payments for school districts with increasing enrollments.

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

HB 1249: FOR AN ACT ENTITLED, An Act to provide for the disposition of certain property sold at auction but not claimed.

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

HB 1270: FOR AN ACT ENTITLED, An Act to revise the conditions pursuant to which the state may enter into tax collection agreements with Indian tribes.

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

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XIII of the Constitution, relating to the trust fund created from the proceeds of the state cement enterprise sales.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 75: FOR AN ACT ENTITLED, An Act to define certain terms for livestock identification purposes.

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

The question now being on Sen. Maher's pending motion to amend SB 75 (75td) as found on page 402 of the Senate Journal.

Which motion prevailed.

The question being "Shall SB 75 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

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

Nays:
Dempster; Gillespie; Heidepriem; Nesselhuf; Turbak Berry

Excused:
Abdallah; 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.

75tta

Sen. Maher moved that the title to SB 75 be amended as follows:

On page 1, line 1, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after "terms" and insert "related to liability for agritourism activities."

Which motion prevailed.

SB 115: FOR AN ACT ENTITLED, An Act to prohibit the sale or delivery of contact lenses without a prescription.

Was read the second time.

The question being "Shall SB 115 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Abdallah; 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 156: FOR AN ACT ENTITLED, An Act to require that determinations in both adult and juvenile court proceedings relative to a controlled substance violation of a high school student participating in extracurricular activities be reported to the South Dakota High School Activities Association and to the school administrator.

Was read the second time.

The question being "Shall SB 156 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; 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.

SJR 5: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III of the Constitution of the State of South Dakota, relating to the authority of a special interim legislative committee to approve the transfer of appropriated funds.

Was read the second time.

The question being "Shall SJR 5 pass as amended?"

And the roll being called:

Yeas 14, Nays 18, Excused 3, Absent 0

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

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

Excused:
Adelstein; Bradford; Schmidt

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

SB 177: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appropriation process.

Was read the second time.

177ma

Sen. Ahlers moved that SB 177 be amended as follows:

On page 1, line 6, of the printed bill, delete "without".

On page 1, line 7, delete everything before ".".

Which motion prevailed.

The question being "Shall SB 177 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Ahlers; Hanson (Gary); Miles; Nesselhuf; Peterson

Excused:
Schmidt

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

SB 102: FOR AN ACT ENTITLED, An Act to ratify and continue the lease agreement on the Black Hills Playhouse.

Was read the second time.

102ob

Sen. Knudson moved that SB 102 be further amended as follows:

On page 1, after line 7 of the Senate State Affairs Committee engrossed bill, insert:

"Section 2. The Black Hills Playhouse, Inc., shall correct to the satisfaction of the state the building violations cited by state inspectors in the Office of Risk Management inspection report dated January 12, 2010. If repairs are not completed on or before September 30, 2012, the lease is null and void."

Which motion prevailed.

The question being "Shall SB 102 pass as amended?"

And the roll being called:

Yeas 26, Nays 8, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry; Vehle

Nays:
Brown; Howie; Hunhoff (Jean); Nelson; Novstrup (Al); Olson (Russell); Rhoden; Tieszen

Excused:
Schmidt

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

SB 104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding disclosure of public information and public meetings.

Was read the second time.

104fa

Sen. Knudson moved that SB 104 be further amended as follows:

On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 6 to 12, inclusive, and insert:

"If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body's website or made available at the official business office of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the material is not posted to the governing body's website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifically exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with § 1-25-2. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26."

On page 2, delete lines 1 to 8, inclusive.

On page 4, line 7, after "misdemeanor." Insert "However, the provisions of this section do not apply to draft minutes of contested case proceedings held in accordance with the provisions of chapter 1-26."

Which motion prevailed.

The question being "Shall SB 104 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; 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 147: FOR AN ACT ENTITLED, An Act to establish a legislative policy to biannually review the highway needs and make appropriate adjustments.

Was read the second time.

147fe

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

On page 1 of the Senate Transportation Committee engrossed bill, delete lines 7 to 11, inclusive, and insert "maintenance, and program costs during the regular session held in an odd-numbered year."

Which motion lost.

The question being "Shall SB 147 pass as amended?"

And the roll being called:

Yeas 9, Nays 24, Excused 2, Absent 0

Yeas:
Bradford; Dempster; Fryslie; Hanson (Gary); Knudson; Maher; Olson (Russell); Tieszen; Vehle

Nays:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden

Excused:
Schmidt; Turbak Berry

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

SB 166: 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 second time.

The question being "Shall SB 166 pass as amended?"

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); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Vehle

Nays:
Hanson (Gary)

Excused:
Schmidt; Turbak Berry

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 change the unemployment insurance wage base and contribution rates and to declare an emergency.

Was read the second time.

President Pro Tempore Gray now presiding.

The question being "Shall SB 186 pass as amended?"

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; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Vehle

Excused:
Schmidt; Turbak Berry

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

Was read the second time.

The President now presiding.

The question being "Shall SB 187 pass?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

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

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

Excused:
Schmidt

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

Sen. Kloucek announced his intention to reconsider the vote by which SB 187 passed.

SB 195: FOR AN ACT ENTITLED, An Act to revise the refunds for new or expanded agricultural facilities and new or expanded business facilities, to repeal the contractors' excise tax on new or expanded power production facilities, and to make certain transfers to the revolving economic development and initiative fund.

Was read the second time.

195ff

Sen. Knudson moved that SB 195 be further amended as follows:

On page 5, between lines 15 and 16 of the Senate State Affairs Committee engrossed bill, insert:

"Subdivisions (2), (3), and (4) of this section do not apply to any project that is a pipeline for the transmission or distribution of water, natural gas, crude oil, oil, or refined petroleum products."

On page 7, between lines 4 and 5, insert:

"This section does not apply to any project that is a pipeline for the transmission or distribution of water, natural gas, crude oil, oil, or refined petroleum products."

On page 10, after line 4, insert:

"Section 19. That § 10-45B-1.1 be amended to read as follows:

10-45B-1.1. For the purposes of this chapter, the term, new business facility, means a new building or structure or the expansion of an existing building or structure, including a power generation facility, the construction of which is subject to the contractor's excise tax pursuant to chapter 10-46A or 10-46B. A new business facility does not include any building or structure:

(1) Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers;

(2) Used predominantly for residential housing or transient lodging;

(3) Used predominantly to provide health care services; or

(4) That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts; or

(5) That is a pipeline for the transmission or distribution of water, natural gas, crude oil, oil, or refined petroleum products.

Section 20. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Notwithstanding any provision of chapter 10-45B or this Act, no refund may be paid under this chapter based on project costs paid after July 1, 2010, for any project that is a pipeline for the transmission or distribution of water, natural gas, crude oil, oil, or refined petroleum products."

Which motion prevailed.

195fg

Sen. Hundstad moved that SB 195 be further amended as follows:

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

"Section 1. The department shall suspend all tax refunds for any project costs incurred after the effective date of this Act for each facility or production that has received a permit for such refund pursuant to chapter 10-45B or 10-46D. The department shall refund taxes for project costs that have been incurred and paid before the effective date of this Act if a permit has been approved and issued for the facility or production before the effective date of this Act and the other tax refund requirements have been met. No additional tax refunds may be earned or credited to any taxpayer for any work performed or expenditures made after the effective date of this Act and before July 1, 2012, on any facility or production.

Section 2. No new permit may be approved and issued pursuant to chapter 10-45B or 10-46D by the department until July 1, 2012. No tax refunds may be earned or credited to any taxpayer for any work performed or expenditures made before July 1, 2012, for any permit approved on or after July 1, 2012.

Section 3. No new permit may be approved and issued pursuant to chapter 10-46C by the department until July 1, 2012.

Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Sen. Dempster moved the previous question.

Which motion prevailed

Sen. Hundstad requested a roll call vote.

Which request was supported.

The question being on Sen. Hundstad's motion that SB 195 be further amended, 195fg.

And the roll being called:

Yeas 5, Nays 29, Excused 1, Absent 0

Yeas:
Adelstein; Ahlers; Hundstad; Jerstad; Kloucek

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

Excused:
Schmidt

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

The question now being "Shall SB 195 pass as amended?"

And the roll being called:

Yeas 24, Nays 10, Excused 1, Absent 0

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

Nays:
Ahlers; Bartling; Brown; Gant; Gillespie; Hundstad; Jerstad; Merchant; Miles; Peterson

Excused:
Schmidt

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

The question being on the title.

195ftc

Sen. Knudson moved that the title to SB 195 be amended as follows:

On page 1, line 3, of the Senate State Affairs Committee engrossed bill, after "facilities," insert "to exempt certain new business facilities from certain tax refunds,".

Which motion prevailed.

SB 161: 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 second time.

The question being "Shall SB 161 pass?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

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

Nays:
Brown; Fryslie; Gant; Gray; Hansen (Tom); Haverly; Hunhoff (Jean); Nelson; Novstrup (Al); Olson (Russell); Tieszen

Excused:
Schmidt

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

SB 137: FOR AN ACT ENTITLED, An Act to nullify certain federal health care laws within the state of South Dakota.

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

The question being "Shall SB 137 pass as amended?"

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Brown; Gant; Gray; Haverly; Howie; Nelson; Novstrup (Al); Olson (Russell); Rhoden

Nays:
Ahlers; Bartling; Bradford; Dempster; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Peterson; Tieszen; Turbak Berry; Vehle

Excused:
Schmidt

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

SB 140: FOR AN ACT ENTITLED, An Act to reorganize the Department of Tourism and State Development.

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

The question being "Shall SB 140 pass?"

And the roll being called:

Yeas 11, Nays 21, Excused 3, Absent 0

Yeas:
Abdallah; Bartling; Bradford; Dempster; Garnos; Hanson (Gary); Hundstad; Knudson; Nesselhuf; Turbak Berry; Vehle

Nays:
Adelstein; Ahlers; Brown; Fryslie; Gant; Gillespie; Gray; Hansen (Tom); Haverly; Heidepriem; Hunhoff (Jean); Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Novstrup (Al); Peterson; Rhoden; Tieszen

Excused:
Howie; Olson (Russell); Schmidt

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

SB 172: FOR AN ACT ENTITLED, An Act to revise the definition for environmental upgrades used to provide a property tax exemption for coal-fired power plants.

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

The question being "Shall SB 172 pass as amended?"

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Turbak Berry; Vehle

Nays:
Abdallah; Adelstein; Dempster; Garnos; Haverly; Kloucek; Knudson; Novstrup (Al); Rhoden; Tieszen

Excused:
Howie; 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.

Sen. Knudson moved that HB 1027, 1042, 1048, 1051, 1052, 1056, and 1179 be deferred to Wednesday, February 24, the 27^th legislative day.

Which motion prevailed.

Earlier today, Sen. Kloucek announced his intention to reconsider the vote by which SB 187 passed.

No member moved to reconsider the vote by which SB 187 passed.

COMMEMORATIONS

SC 18 Introduced by: Senator Miles and Representative Van Gerpen

A LEGISLATIVE COMMEMORATION, Honoring the Associate Division of the Associated General Contractors - Building Chapter of South Dakota for its generous contribution to Honor Flight South Dakota.

WHEREAS, the National WWII Memorial was completed and dedicated in 2004, at a time when most surviving veterans from the era were over eighty years old and were not likely to have the means or support to travel to see the memorial on their own; and

WHEREAS, the South Dakota Honor Flight has provided the means and support to allow South Dakota WWII Veterans to visit the WWII Memorial in Washington, D.C., at no cost to them; and

WHEREAS, more than five hundred South Dakota WWII Veterans are still waiting to participate in the Honor Flight program; and

WHEREAS, the Associate Division of the Associated General Contractors - Building Chapter of South Dakota generously contributed twelve thousand five hundred dollars and is providing one Guardian to the April 23-24, 2010, South Dakota Honor Flight for South Dakota WWII Veterans:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature recognizes the Associate Division of the Associated General Contractors - Building Chapter of South Dakota for its thoughtfulness and generous contributions which will ensure more South Dakota WWII Veterans an opportunity to see the memorial built and dedicated in their honor.

SC 19 Introduced by: Senator Gillespie

A LEGISLATIVE COMMEMORATION, Honoring Sarah Cork as a Prudential Spirit of Community Award recipient.

WHEREAS, Sarah Cork, an esteemed resident of Jefferson, South Dakota, and a student at Dakota Valley High School, has achieved national recognition for exemplary volunteer service by receiving a 2010 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Sarah Cork earned this award by giving generously of her time and energy while living with a missionary family in rural Ireland, where she performed numerous activities including teaching vacation Bible school, distributing Christian magazines, participating in group meetings, working at a church bookstore, and assisting missionary families. After three team mission trips, Sarah Cork researched Irish culture, volunteered at a local Bible school in preparation, and solicited donations for expenses in order to travel on her own to Ireland; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Sarah Cork who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature congratulates and honors Sarah Cork as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.

SIGNING OF BILLS

The President publicly read the title to

SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to standards for new construction.

And signed the same in the presence of the Senate.

Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at 6:01 p.m. the Senate adjourned.

Trudy Evenstad, Secretary