JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



THIRTY-FIRST DAY



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

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

    The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by Senate pages Kelcy Curtis and Aaron Schanzenbach.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirtieth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HJR 1004 and HB 1240 and returns the same with the recommendation that said bill and resolution do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1270 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1202, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1202tb

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

    "Section 1. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:
    For the 2011 assessed valuation of agricultural land and each subsequent year, the director of equalization shall make the same adjustments to each parcel of agricultural land as was made pursuant to § 10-6-33.1 prior to its repeal on July 1, 2009. Before removing or modifying any of these adjustments, a director of equalization shall request permission from the department. The secretary may require the director of equalization to remove or modify any adjustment by a written order to the director of equalization.

    Section 2. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

    If any complaint is filed by the secretary pursuant to § 10-1-31, then notwithstanding the provisions of chapter 10-6 requiring each county director of equalization to assess agricultural land within the county, the department may elect to assess all land classified as agricultural property in the county which is subject of the complaint pending resolution of the complaint. The department shall assess agricultural land within the affected county pursuant to the applicable provisions of chapter 10-6 to determine its agricultural income value.

    Section 3. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

    If the department elects to assess agricultural land pursuant to section 2 of this Act, the affected county shall transfer funds to the department to assess agricultural land on behalf of the county. The county auditor shall transfer an amount of funds that is equal to the total taxable value of agricultural land divided by the total taxable value of all property within the county times the amount of funds budgeted by the county for the office of the director of equalization. The county shall transfer fifty percent of such funds by December first of each year and the remaining fifty percent by the following June first.

    Section 4. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

    If the department elects to assess agricultural land pursuant to section 2 of this Act, the department shall notify the owners of agricultural property in the county with a special notice of the election by the department to calculate the agricultural assessments and shall recite the allegations set forth in the complaint. Within five days of the receipt of the proof and expense of mailing from the department, the county auditor shall transfer an amount equal to such cost to the department."

1202tta

    On page 1, line 1, of the House engrossed bill, delete everything after "to" and insert "require the director of equalization to use certain factors and adjustments to assess agricultural land, to allow the Department of Revenue and Regulation to assess certain agricultural land, and to transfer certain county funds to the Department of Revenue and Regulation."

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1054 and 1214 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1072, 1091, and 1172 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 Local Government respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill be amended as follows:

1053ta

    On page 3, after line 17 of the printed bill, insert:

    "Section 4. That subdivision (11) of § 12-27-1 be amended to read as follows:

            (11)    "Independent expenditure," an expenditure, including the payment of money or exchange of other valuable consideration or promise, made by a person, organization, political committee, or political party to expressly advocate the election or defeat of a clearly identified candidate or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question, but which is not made to, controlled by, coordinated with, requested by, or made upon consultation with a candidate, political committee, or agent of a candidate or political committee. The term does not include administration and solicitation of any contribution for a political action committee established by an organization and associated expenses, nor the use of an organization's real or personal property located on its business premises for such purposes. The term does not include any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to any member of the organization and the member's family;
    Section 5. That subdivision (22) of § 12-27-1 be amended to read as follows:

            (22)    "Qualified nonprofit corporation," any nonprofit corporation, subject to the provisions of chapters 47-22 to 47-28, inclusive, that was organized for the purpose of promoting political ideas and cannot engage in business activities, has no shareholders or other persons affiliated so as to have a claim on the assets or earnings, was not established by a corporation, and has not accepted more than de minimus amount of funds from any corporation "Recognized business entity," any:

            (a)    Domestic corporation, limited liability company, nonprofit corporation, limited liability partnership, or cooperative duly registered with the secretary of state as of the first day of January of the current calendar year, and which is currently in good standing;
            (b)    Foreign corporation, limited liability company, nonprofit corporation, limited liability partnership, or cooperative duly registered with the secretary of state as of the first day of January of the current calendar year, and which is currently in good standing; or
            (c)    Entity organized in a corporate form under federal law.

                A political committee or political party is not a recognized business entity. An organization which was established by or is controlled, in whole or in part, by a candidate, political committee, or agent of a candidate or political committee is not a recognized business entity;

    Section 6. That § 12-27-16 be amended to read as follows:

    12-27-16. The following apply to independent expenditures by individuals and organizations related to communications advocating for or against candidates, public office holders, ballot questions, or political parties, and expenditures by individuals and organizations within sixty days of an election that clearly identify a candidate or public office holder but do not expressly advocate the election of the candidate or public office holder:

            (1)    Any person or qualified nonprofit corporation organization that makes an independent expenditure for a communication which expressly advocates for or against a candidate, public office holder, ballot question, or political party totaling one thousand dollars or more shall file a statement with the secretary of state that is received within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.
    Any organization that makes an independent expenditure for a communication which expressly advocates for or against a public office holder, ballot question, or political party totaling one thousand dollars or more shall file a statement with the secretary of state that is received within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published. , regardless of the amount of the expenditure, shall append to or include in each communication a disclaimer that clearly and forthrightly:
            (a)    Identifies the person or organization making the independent expenditure for that communication;
            (b)    States the address or website address of the person or organization; and
            (c)    States that the communication is independently funded and not made in consultation with any candidate, party, or political committee.
                A violation of this subdivision is a Class 1 misdemeanor;
            (2)    Any person or organization that makes an expenditure, including the payment of money or exchange of other valuable consideration or promise, for a communication that clearly identifies a candidate or public office holder, but does not expressly advocate the election or defeat of the candidate or public office holder, and that is disseminated, broadcast, or otherwise published within sixty days of an election shall append to or include in the communication a disclaimer that clearly and forthrightly:
            (a)    Identifies the person or organization making the expenditure for that communication; and
            (b)    States the address or website address of the person or organization.
                A violation of this subdivision is a Class 1 misdemeanor;
            (3)    Any organization which is not a recognized business entity and which makes an expenditure for a communication described in subdivision (1) or (2) shall file a statement within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published;
            (4)    Any person or recognized business entity that makes expenditures in excess of two thousand dollars during any calendar year for communications described in subdivision (1) or (2) shall file a statement with the secretary of state that is received within forty-eight hours of the time that the person's or organization's expenditures exceed two thousand dollars, and thereafter, within forty-eight hours of the time that any such subsequent communication is disseminated, broadcast, or otherwise published during the remainder of that calendar year;
            (5)    The statement statements required by this section shall include the name, street address, city, and state of the person, qualified nonprofit corporation, or organization and its street address, city, and state, for any expenditures made for communications described in subdivision (1) or (2) during that calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question, or political party mentioned or identified in the each communication, the amount spent on the each communication, and a description of the content of the each communication.
    Further, if the independent expenditure is made by For an organization, the statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the organization;
            (6)    For an organization whose majority ownership is owned by, controlled by, held for the benefit of, or comprised of twenty thirty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, the statement shall include the identify by name and address of each person, partner, owner, trustee, beneficiary, participant, shareholder, or member who owns, controls, or comprises ten percent or more of the organization.;
            (7)    An organization shall also provide supplemental statements for any of its partners, owners, trustees, beneficiaries, participants, members, or shareholders identified pursuant to subdivision (6) which are owned by, controlled by, held for the benefit of, or comprised of thirty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, until no organization identified in the supplemental statements meets the ownership test set forth in subdivision (6);
            (8)    For the purposes of this section, the term, communication, does not include:
            (1)(a)    Any news articles, editorial endorsements, opinion, or commentary writings, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, political committee, or political party;
            (2)(b)    Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate, political committee, or political party;
            (3)(c)    Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families; and
            (4)(d)    Any communication that refers to any candidate only as part of the popular name of a bill or statute.

    Section 7. That § 12-27-17 be amended to read as follows:

    12-27-17. Any person, political committee, or political party, or organization that makes a payment or promise of payment totaling one thousand dollars or more for a communication that clearly identifies a candidate or public office holder, but does not expressly advocate the election or defeat of the candidate or public office holder, and that is disseminated, broadcast, or otherwise published within sixty days of an election, shall file a statement with the secretary of state disclosing the name, street address, city, and state of such person, political committee, or political party, or organization. The statement shall also include the name of the candidate or public office holder mentioned in the communication, the amount spent on the communication, and a description of the content of the communication. The statement shall be received and filed within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published.

    For the purposes of this section, the term, communication, does not include:
            (1)    Any news articles, editorial endorsements, opinion or commentary writings, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, political committee, or political party;
            (2)    Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate, political committee, or political party;
            (3)    Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families; and
            (4)    Any communication that refers to any candidate only as part of the popular name of a bill or statute.

    Section 8. That § 12-27-18 be amended to read as follows:

    12-27-18. No organization may make a contribution to a candidate committee, political action committee, or political party or make an independent expenditure expressly advocating the election or defeat of a candidate. An organization may make a contribution to a ballot question committee organized solely for the purpose of influencing an election on a ballot question and independent expenditures regarding the placement of a ballot question on the ballot or the adoption or defeat of a ballot question. Any organization making expenditures, equal to or exceeding fifty percent of the organization's annual gross income, for the adoption or defeat

of a ballot measure is a ballot question committee. The prohibitions of this section do not apply to independent expenditures expressly advocating the election or defeat of a candidate by a qualified nonprofit corporation from its treasury funds. An organization may create a political action committee. A violation of this section is a Class 1 misdemeanor. "


    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1086 and 1227 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1046 and 1135 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 which was deferred to the 41st 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 SJR 3 and SB 10, 55, 61, 85, 86, 90, 96, 101, 103, 109, 110, 166, and 190 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 15, 51, 57, and 82 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., March 3, 2010.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1047.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 10, 55, 61, 85, 86, 90, 96, 101, 103, 109, 110, 166, and 190 and SJR 3 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 54 and 66 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 5 Introduced by: Senators Jerstad, Adelstein, Ahlers, Bartling, Brown, Garnos, Gillespie, Hansen (Tom), Hanson (Gary), Heidepriem, Hundstad, Hunhoff (Jean), Kloucek, Maher, Merchant, Miles, Nesselhuf, Olson (Russell), Peterson, and Turbak Berry and Representatives Nygaard, Blake, Bolin, Boomgarden, Burg, Carson, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Hoffman, Hunhoff (Bernie), Jensen, Juhnke, Killer, Kirschman, Kopp, Krebs, Noem, Olson (Betty), Peters, Putnam, Schlekeway, Sly, Sorenson, Steele, Street, Thompson, Tidemann, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer

        A CONCURRENT RESOLUTION, Expressing support for the public awareness of multiple sclerosis and recognizing MS Awareness Week as March 8-14, 2010.

    WHEREAS, multiple sclerosis is a chronic and disabling disease of the central nervous system in which the progression, severity, and specific symptoms cannot be foreseen; and

    WHEREAS, every hour of every day someone new is diagnosed with multiple sclerosis, a disease that can erode a person's abilities and hopes, halt a career, and unravel the fabric of families; and

    WHEREAS, last year in South Dakota more than $539,000 was raised to find a cure for multiple sclerosis and develop effective treatments for the disease, as well as provide a wide

range of programs and services to improve the lives of the one thousand three hundred individuals living with multiple sclerosis in our state; and

    WHEREAS, this investment is paying off in significant advances in treating multiple sclerosis, such as new medications that may reduce or delay future disability for people with multiple sclerosis; and

    WHEREAS, although research advances have brought us closer to finding the cure, much remains to be done and services must continue to be provided to those who live with the disease; and

    WHEREAS, there are public and private agencies available to serve the constantly changing needs of South Dakotans with multiple sclerosis and their families by extending essential service to all who need them:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fifth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature expresses support for the public awareness of multiple sclerosis and joins in the movement in creating a world free of multiple sclerosis.

    Was read the first time, the President waived the referral to committee, and placed SCR 5 on the calendar of Thursday, March 4, the 32nd legislative day.

    Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 4, the 32nd legislative day.

    Which motion prevailed.

    Sen. Olson (Russell) moved that the Senate do concur in House amendments to SB 56.

    The question being on Sen. Olson (Russell)'s motion that the Senate do concur in House amendments to SB 56.

    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; 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; Vehle

    Excused:
Gray

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

    Sen. Olson (Russell) moved that the Senate do concur in House amendments to SB 60.

    The question being on Sen. Olson (Russell)'s motion that the Senate do concur in House amendments to SB 60.

    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; 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; Vehle

    Excused:
Gray

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

    Sen. Merchant moved that the Senate do concur in House amendments to SB 145.

    The question being on Sen. Merchant's motion that the Senate do concur in House amendments to SB 145.

    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; 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; Vehle

    Excused:
Gray

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

    Sen. Vehle moved that the Senate do concur in House amendments to SB 183.

    The question being on Sen. Vehle's motion that the Senate do concur in House amendments to SB 183.

    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; 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; Vehle

    Excused:
Gray

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce on HB 1241 as found on page 504 of the Senate Journal; also

    Judiciary on HB 1105 as found on page 505 of the Senate Journal; also

    Judiciary on HB 1109 as found on page 505 of the Senate Journal; also

    Agriculture and Natural Resources on HB 1057 as found on page 506 of the Senate Journal; also

    Agriculture and Natural Resources on HB 1264 as found on page 506 of the Senate Journal be adopted.

    Which motion prevailed.

    Sen. Knudson moved that the consideration of the executive appointment of John L. Cooper to the Game, Fish and Parks Commission be deferred to Thursday, March 4, the 32nd legislative day.

    Which motion prevailed.

    The Senate proceeded to the consideration of the executive reappointment of Susan Knippling of Buffalo County, Gann Valley, South Dakota, to the Game, Fish and Parks Commission.

    The question being "Does the Senate advise and consent to the executive reappointment of Susan Knippling pursuant to the executive message as found on page 454 of the Senate Journal?"

    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; 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; Vehle

    Excused:
Gray

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1155: FOR AN ACT ENTITLED, An Act to require the marking of certain anemometer towers used for wind energy testing purposes.

    Was read the second time.

    The question being "Shall HB 1155 pass as amended?"

    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; 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; Vehle

    Excused:
Gray

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

    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 second time.

    The question being "Shall HB 1222 pass as amended?"

    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; 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; Vehle

    Excused:
Gray

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

    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 second time.

    The question being "Shall HB 1249 pass as amended?"

    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; 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; Vehle

    Excused:
Gray


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

    HB 1254: FOR AN ACT ENTITLED, An Act to revise the requirements for the assignment of certain funeral benefits.

    Was read the second time.

    The question being "Shall HB 1254 pass as amended?"

    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; 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; Vehle

    Excused:
Gray

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

    HB 1257: FOR AN ACT ENTITLED, An Act to remove certain provisions relating to countersignatures for insurance producers.

    Was read the second time.

    The question being "Shall HB 1257 pass?"

    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; 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; Vehle

    Excused:
Gray

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Sen. Knudson moved that HB 1036 be deferred to Thursday, March 4, the 32nd legislative day.

    Which motion prevailed.

    HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding 911 emergency services.

    Was read the second time.

1016jb

    Sen. Brown moved that HB 1016 be amended as follows:

    On page 2, after line 20 of the printed bill, insert:

    "Section 5. That § 34-45-18.2 be amended to read as follows:

    34-45-18.2. The board may promulgate rules pursuant to chapter 1-26 setting:

            (1)    Minimum technical, operational, and procedural standards for the operation and utilization of a public safety answering point;

            (2)    Requirements and amounts for reimbursement of recurring and nonrecurring costs; and

            (3)    Standards for coordination of effective 911 service on a statewide basis.

    Moreover, prior to December 31, 2010, the board shall promulgate rules specifying alternative arrangements that can be utilized by a public safety answering point to comply with ARSD 50:02:04:02(2). A public safety answering point shall comply with ARSD 50:02:04:02(2) if the Legislature increases the monthly uniform charge, regardless of the amount of the increase. Furthermore, no public safety answering point may be required to comply with the provisions of ARSD 50:02:04:02(2) if the public safety answering point forswears the acceptance of revenue from any future legislative increase in the monthly uniform charge and formally resolves to continue to maintain itself pursuant to all other statutes, rules, and standards. "

    Which motion prevailed.
    The question being "Shall HB 1016 pass as amended?"

    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; 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; Vehle

    Excused:
Gray

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

    HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance benefit eligibility of part-time workers and to provide additional unemployment insurance benefits to workers attending approved training.

    Was read the second time.

    The question being "Shall HB 1018 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

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

    Nays:
Brown; Haverly; Rhoden; Schmidt

    Excused:
Gray

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

    HB 1041: FOR AN ACT ENTITLED, An Act to revise the discount on the sales of cigarette tax stamps to distributors.

    Was read the second time.

    The question being "Shall HB 1041 pass as amended?"

    And the roll being called:

    Yeas 13, Nays 21, Excused 1, Absent 0

    Yeas:
Adelstein; Dempster; Fryslie; Garnos; Hansen (Tom); Hundstad; Jerstad; Knudson; Nelson; Rhoden; Tieszen; Turbak Berry; Vehle

    Nays:
Abdallah; Ahlers; Bartling; Bradford; Brown; Gant; Gillespie; Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Kloucek; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Schmidt

    Excused:
Gray

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

    Sen. Knudson announced his intention to reconsider the vote by which HB 1041 lost.

    HB 1131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning intoxicated or incapacitated persons who may be taken into protective custody.

    Was read the second time.

    The question being "Shall HB 1131 pass?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; 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; Vehle

    Nays:
Bradford

    Excused:
Gray

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

    HB 1132: FOR AN ACT ENTITLED, An Act to provide for the referral and placement of certain individuals in need of intervention.

    Was read the second time.

    The question being "Shall HB 1132 pass as amended?"

    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; 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; Vehle

    Excused:
Gray

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

    HB 1181: FOR AN ACT ENTITLED, An Act to eliminate the consolidation incentives for any school districts that consolidate after July 1, 2010.

    Was read the second time.

1181ca

    Sen. Ahlers moved that HB 1181 be amended as follows:

    On page 2, after line 19 of the printed bill, insert:

    "Section 2. That § 13-6-97 be repealed.

    13-6-97. Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district that contracts with a school district in another state pursuant to § 13-15-11 to provide for the education of children in grades seven through twelve who reside within the district, that receives no foundation program state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in an adjoining school district in the state. "

    Sen. Gillespie requested a roll call vote.

    Which request was supported.

    The question being on Sen. Ahlers' motion that HB 1181 be amended (1181ca).

    And the roll being called:

    Yeas 16, Nays 18, Excused 1, Absent 0

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

    Nays:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

    Excused:
Gray

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

    The question being "Shall HB 1181 pass?"

    And the roll being called:

    Yeas 19, Nays 15, Excused 1, Absent 0

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

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

    Excused:
Gray

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

    HB 1201: FOR AN ACT ENTITLED, An Act to provide that certain tax laws applicable on December 31, 2009, apply to certain wills and trusts that refer to federal estate and generation-skipping transfer tax laws, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1201 pass?"

    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; 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; Vehle

    Excused:
Gray

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

    HB 1244: FOR AN ACT ENTITLED, An Act to increase the penalty for solicitation of a minor.

    Was read the second time.

    The question being "Shall HB 1244 pass?"

    And the roll being called:

    Yeas 28, Nays 7, Excused 0, Absent 0

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

    Nays:
Ahlers; Bartling; Hundstad; Jerstad; Merchant; Nesselhuf; Turbak Berry

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

    HB 1248: FOR AN ACT ENTITLED, An Act to 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 second time.

1248ca

    Sen. Knudson moved that HB 1248 be amended as follows:

    On page 6 of the printed bill, delete line 15.

    Sen. Jerstad requested a roll call vote.

    Which request was supported.

    The question being on Sen. Knudson's motion that HB 1248 be amended.

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

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

    Nays:
Gillespie; Kloucek


    Excused:
Bradford

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


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

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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; Schmidt; Tieszen; Turbak Berry; Vehle

    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.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 92 was lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1042.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

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

    SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding parole eligibility.

    SB 61: FOR AN ACT ENTITLED, An Act to require an electric utility to file rates for purchases of electricity produced by small renewable power facilities.

    SB 85: FOR AN ACT ENTITLED, An Act to revise the continuing education requirements for certain veterinarians.

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

    SB 90: FOR AN ACT ENTITLED, An Act to provide an exception from one-call notification requirements to natural gas operators in emergency situations.

    SB 96: FOR AN ACT ENTITLED, An Act to provide for the continuation of the waiver of the collaborative agreement requirement for certified nurse midwives providing out-of-hospital birth services.

    SB 101: FOR AN ACT ENTITLED, An Act to authorize certain school districts to conduct school board elections during 2011 using voting centers and electronic records.

    SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trusts.

    SB 109: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the deposit of county funds related to the 24/7 sobriety program.

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

    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.

    SB 190: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the opt-out rights of credit card customers.

    SJR 3: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the right of individuals to vote by secret ballot.

    HB 1014: FOR AN ACT ENTITLED, An Act to define trophy and nontrophy antelope, mule deer, white-tailed deer, and elk, and establish civil damages for the unlawful taking of trophy animals.

    HB 1033: FOR AN ACT ENTITLED, An Act to permit and regulate the blending of natural gasoline and ethyl alcohol and to provide for an ethanol broker license.

    HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to parental liability for willful acts of a child and to revise the limitation on recovery.

    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.

    HB 1076: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex offense victims and to evidence of a victim's prior sexual conduct in coordination with the adoption of certain evidentiary rules by the Supreme Court.

    HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court records inspection and copying.

    HB 1079: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the issuance of a new birth certificate in certain adoptions.

    HB 1080: FOR AN ACT ENTITLED, An Act to correct the omission of a reference to fifth-offense DUI for habitual offender cases and to remove certain outdated language.

    HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of certain new vehicle dealers and to declare an emergency.

    HB 1092: FOR AN ACT ENTITLED, An Act to revise the certain provisions concerning continuing liens on wages by garnishment.

    HB 1180: FOR AN ACT ENTITLED, An Act to provide for the issuance of an on-sale license and malt beverage license for the county fairgrounds and to authorize counties to issue an additional on-sale license.

    HB 1206: FOR AN ACT ENTITLED, An Act to provide that incontestability provisions in certain life insurance policies do not apply in cases of fraud.

    HB 1260: FOR AN ACT ENTITLED, An Act to revise the definition of federal law enforcement officer to include certain United States Forest Service personnel.

    HB 1275: FOR AN ACT ENTITLED, An Act to extend the age limit for cochlear implants.

    And signed the same in the presence of the Senate.

COMMEMORATION

    SC 21 Introduced by: Senators Maher, Ahlers, Bartling, Bradford, Brown, Gant, Garnos, Hansen (Tom), Kloucek, Novstrup (Al), Olson (Russell), and Tieszen and Representatives Schrempp, Cronin, Hamiel, Iron Cloud III, Killer, Lucas, Olson (Betty), Russell, and Wink

        A LEGISLATIVE COMMEMORATION, Honoring and supporting Hometown Days in Eagle Butte, South Dakota, on the occasion of its centennial anniversary.

    WHEREAS, the history behind the naming of this unique town comes from the butte located south of the present site of Eagle Butte; and

    WHEREAS, this site was once a habitat for eagles, a place where the Lakota people could wait in hiding for an eagle to land so they could draw out the sacred feathers for ceremonial purposes. To this day the site is still being used for the Humblecye (prayer service); and

    WHEREAS, this site was designated as a sacred historical site by the Cheyenne River Sioux Tribe on August 12, 2009; and

    WHEREAS, in the summer of 1910, Eagle Butte became a stop for the Chicago, Milwaukee, St. Paul, and Pacific Railroad; and

    WHEREAS, Eagle Butte's citizens have uniquely enriched our state's culture with their traditional Lakota music, beautiful Lakota dance ceremonies and regalia, exquisite artistry, community involvement, respect for nature, and appreciation for farming, ranching, and democracy, which they strive to preserve for future generations; and

    WHEREAS, this year's Hometown Days celebration on July 15 through July 18, 2010, will mark the one hundredth birthday of the city with a wagon train, music entertainment, artist market, activities and all-school reunion, museum, Lakota culture, and a street dance:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature congratulates all South Dakotans of Eagle Butte ancestry and invites everyone to participate in the Eagle Butte Hometown Days Centennial Celebration on July 15 through July 18, 2010.

    Sen. Tieszen moved that the Senate do now adjourn, which motion prevailed and at 3:40 p.m. the Senate adjourned.

Trudy Evenstad, Secretary