Senate Journal 1/31/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 31, 2011

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

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Heidi Reiners and Mackenze Shauf-Benter.

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 twelfth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 41 and 74 which were tabled.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That § 10-3-14 be amended to read as follows:

10-3-14. The director of equalization shall meet the county commissioners ~~and auditor~~ at the office of the county ~~auditor~~ commissioners on the first Tuesday of April for conference in reference to the performance of ~~their~~ the director's duties. ~~At such time and meeting the director shall take the oath of office to be administered by the county auditor, unless such oath has been taken as provided by § 10-3-12.~~ "

On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise the requirements for the annual conference held for the directors of equalization."

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill be amended as follows:

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

"Section1. That § 7-26-1 be amended to read as follows:

7-26-1. The board of county commissioners may erect in a suitable place a monument suitable to honor and perpetuate the memory of all American veterans from the county ~~and for such purpose may appropriate a sum not to exceed ten thousand dollars~~. The board shall provide continued maintenance and repair of ~~such~~ the monument. "

On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

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

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 89 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, after "municipality" insert "that are maintained by the municipality".

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

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 5 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 SB 28 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 2, of the printed bill, delete "2010" and insert "2009".

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

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Amy Iversen-Pollreisz of Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Human Services and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 117 and 118 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1036 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 4 Introduced by: Senators Haverly, Adelstein, Bradford, Brown, Buhl, Frerichs, Fryslie, Gray, Hansen (Tom), Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Turbiville, Dryden, and Nelson (Stace)

A CONCURRENT RESOLUTION, Endorsing the adoption of a national flag to honor and remember those who died while serving in America's military.

WHEREAS, the South Dakota Legislature and the citizens of South Dakota honor the service and sacrifice of all military service members, especially those who have lost their lives in service to the nation; and

WHEREAS, there has never been an officially recognized symbol that serves as a daily visible reminder for those who made the ultimate sacrifice; and

WHEREAS, an "Honor and Remember" Flag has been created as a daily reminder for the American public to acknowledge the ultimate price of freedom; and

WHEREAS, the Honor and Remember Flag recognizes not only those killed in action during war, but all service members who died in the line of duty; and

WHEREAS, the Honor and Remember Flag's blue Star represents active service in military conflict, which originated during World War I. On this flag it also signifies service through all generations from the American Revolution to present day; and

WHEREAS, the Honor and Remember Flag's white border surrounding the gold star recognizes the purity of sacrifice; and

WHEREAS, the Honor and Remember Flag's gold star signifies the ultimate sacrifice of a warrior in active service who will not return home and gold reflects the value of the life that was given; and

WHEREAS, the Honor and Remember Flag's folded flag signifies the final tribute to an individual life that a family sacrificed and gave to the nation; and

WHEREAS, the Honor and Remember Flag's flame is an eternal reminder of the spirit that has departed this life yet burns on the memory of all who knew and loved the fallen hero; and

WHEREAS, the Honor and remember Flag will serve as a symbol of national gratitude, value each American life given for our freedom, and give comfort to the families who lost a loved one during military service:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports legislation to establish a national flag to honor and remember all who gave their lives in military service to this nation; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the Congress to adopt the flag created by the Honor and Remember organization to serve as the national Honor and Remember Flag.

Was read the first time, the President waived the referral to committee, and placed SCR 4 on the calendar of Tuesday, February 1, the 14th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 3 as found on page 218 of the Senate Journal; also

Judiciary on SB 35 as found on page 221 of the Senate Journal; also

Agriculture and Natural Resources on SB 55 as found on page 220 of the Senate Journal; also

State Affairs on SB 88 as found on page 218 of the Senate Journal; also

State Affairs on SB 90 as found on page 219 of the Senate Journal; also

Education on SB 92 as found on page 221 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of General Steven R. Doohen of Pennington County, Rapid City, South Dakota, as Secretary of the Department of Military and Veterans Affairs.

The question being "Does the Senate advise and consent to the executive reappointment of General Steven R. Doohen pursuant to the executive message as found on page 171 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 158 Introduced by: Senators Rave, Brown, Gray, Hundstad, Olson (Russell), and Rampelberg and Representatives Rausch, Cronin, Dennert, Gosch, Lust, Russell, and Verchio

FOR AN ACT ENTITLED, An Act to toll the Department of Environment and Natural Resources administrative rules on underground injection control Class III wells and in situ leach mining until the department obtains primary enforcement authority of the comparable federal programs.

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

SB 159 Introduced by: Senators Bradford, Maher, and Sutton and Representatives Lucas, Juhnke, and Sigdestad

FOR AN ACT ENTITLED, An Act to increase the maximum allowable uniform charge relating to 911 emergency services.

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

SB 160 Introduced by: Senators Nygaard, Begalka, Haverly, Kraus, and Maher and Representatives Sly, Boomgarden, Fargen, and Kirkeby

FOR AN ACT ENTITLED, An Act to repeal exemptions from sales and use taxes for certain security and commodity brokers.

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

SB 161 Introduced by: Senators Buhl, Adelstein, Bradford, Frerichs, Maher, Peters, Sutton, Tieszen, and Vehle and Representatives Kloucek, Abdallah, Blake, Bolin, Deelstra, Elliott, Feinstein, Gibson, Lucas, Street, and Stricherz

FOR AN ACT ENTITLED, An Act to prohibit certain unfair or discriminatory practices based on age and veteran or military status.

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

SB 162 Introduced by: Senators Buhl, Bradford, Frerichs, Hundstad, and Sutton and Representatives Gibson, Abdallah, Elliott, and Feickert

FOR AN ACT ENTITLED, An Act to provide for legislative redistricting by a bipartisan, nonlegislative commission and to declare an emergency.

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

SB 163 Introduced by: Senator Nelson (Tom) and Representative Turbiville

FOR AN ACT ENTITLED, An Act to revise the penalties for violations concerning smoking in public.

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

SB 164 Introduced by: Senators Johnston, Hundstad, Olson (Russell), and Tieszen and Representatives Tornow, Abdallah, Cronin, Fargen, and Kirkeby

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of traffic on municipal streets.

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

SB 165 Introduced by: Senators Heineman, Kraus, and Peters and Representative Munsterman

FOR AN ACT ENTITLED, An Act to reduce by ten percent the small school adjustment in the state aid to education formula, and to appropriate the money saved by the state as a result of the reduction to fund the education service agencies.

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

SB 166 Introduced by: Senators Nygaard, Adelstein, and Lederman and Representatives Sly, Killer, and Kirkeby

FOR AN ACT ENTITLED, An Act to repeal certain sales tax exemptions relating to agricultural machinery parts, repairs, and maintenance.

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

SB 167 Introduced by: Senators Nygaard, Adelstein, Begalka, and Johnston and Representatives Bolin, Dryden, Elliott, Killer, and Nelson (Stace)

FOR AN ACT ENTITLED, An Act to repeal certain sales tax exemptions for membership organizations.

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

SB 168 Introduced by: Senator Haverly and Representative Perry

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain state purchases of supplies and services.

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

SB 169 Introduced by: Senators Bradford, Frerichs, Garnos, Krebs, Lederman, Maher, Olson (Russell), Schlekeway, and Sutton and Representatives Killer, Brunner, Elliott, Fargen,

Hawley, Hunhoff (Bernie), Iron Cloud III, Juhnke, Kirschman, Kloucek, Lucas, Nelson (Stace), Schrempp, Sigdestad, Stricherz, Wink, and Wismer

FOR AN ACT ENTITLED, An Act to revise certain requirements relating to participation by tribal schools in the federal school lunch program.

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

SB 170 Introduced by: Senators Lederman, Adelstein, Begalka, Bradford, Cutler, Frerichs, Fryslie, Garnos, Holien, Maher, Nelson (Tom), Nygaard, Rampelberg, Rave, Rhoden, and Schlekeway and Representatives Hoffman, Abdallah, Bolin, Deelstra, Dryden, Fargen, Greenfield, Hansen (Jon), Hawley, Hickey, Hubbel, Hunt, Jensen, Killer, Kirkeby, Kloucek, Kopp, Magstadt, Miller, Nelson (Stace), Olson (Betty), Russell, Steele, Stricherz, Tornow, Van Gerpen, Verchio, White, and Willadsen

FOR AN ACT ENTITLED, An Act to amend the South Dakota Uniform Securities Act with certain provisions relating to fraud and civil liability.

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

SB 171 Introduced by: Senators Krebs and Schlekeway and Representatives Feinstein, Abdallah, and Hunt

FOR AN ACT ENTITLED, An Act to provide for the creation of housing with services establishments for persons with dementia.

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

SB 172 Introduced by: Senators Cutler, Begalka, Frerichs, Hansen (Tom), Maher, Nygaard, Tieszen, and Vehle and Representatives Gosch, Bolin, Boomgarden, Gibson, Kopp, Russell, and Tornow

FOR AN ACT ENTITLED, An Act to reduce the interest rate applied for certain judgements, liens, and damages.

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

SB 173 Introduced by: Senators Cutler, Adelstein, Garnos, Holien, Hunhoff (Jean), Kraus, Olson (Russell), Peters, and Schlekeway and Representatives Willadsen, Abdallah, Lust, Magstadt, Rausch, Russell, and Turbiville

FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes against minors be suppressed under certain conditions.

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

SB 174 Introduced by: Senators Adelstein, Begalka, Bradford, Nelson (Tom), and Tieszen and Representatives Perry, Magstadt, Street, and Turbiville

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

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

SB 175 Introduced by: Senators Adelstein, Cutler, Holien, and Lederman and Representative Venner

FOR AN ACT ENTITLED, An Act to provide for the participation of independent voters in primary elections.

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

SB 176 Introduced by: Senators Cutler, Adelstein, Buhl, Holien, Kraus, Olson (Russell), Peters, Putnam, Rhoden, Schlekeway, and Sutton and Representatives Moser, Abdallah, Conzet, Deelstra, Fargen, Gosch, Haggar, Hansen (Jon), Hickey, Hubbel, Liss, Lust, Magstadt, Nelson (Stace), Novstrup (David), Rozum, Sly, Steele, Street, Wick, and Willadsen

FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking, to establish the elements and degrees of the crime, and to provide penalties for the violation thereof.

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

SB 177 Introduced by: Senators Vehle, Cutler, Fryslie, Hansen (Tom), Krebs, Maher, Nygaard, Rampelberg, and Tieszen and Representatives Verchio, Elliott, Miller, Perry, Rozum, Steele, Street, Turbiville, Van Gerpen, and Wismer

FOR AN ACT ENTITLED, An Act to increase certain registration fees and taxes for the use of motor vehicles on the public highways.

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

SB 178 Introduced by: Senators Vehle and Tieszen and Representatives Sly and Hunt

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the rights and duties of joint legal custodians.

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

SB 179 Introduced by: Senators Vehle, Cutler, Fryslie, Holien, Maher, Nygaard, Rampelberg, Rave, and Schlekeway and Representatives Hoffman, Carson, Dennert, Feickert, Hickey, Hunt, Lust, Magstadt, Nelson (Stace), Rozum, Russell, Steele, Turbiville, Van Gerpen, Vanneman, White, and Wismer

FOR AN ACT ENTITLED, An Act to define and prohibit the offenses of juvenile sexting and aggravated juvenile sexting and to provide for certain sanctions and remedies.

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

SB 180 Introduced by: Senators Frerichs, Adelstein, and Maher and Representatives Lucas, Gibson, Moser, Olson (Betty), and Schaefer

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

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

SB 181 Introduced by: Senators Frerichs and Rampelberg and Representatives Greenfield and Russell

FOR AN ACT ENTITLED, An Act to increase the length limitation for certain motor vehicles.

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

SB 182 Introduced by: Senators Frerichs and Lederman and Representatives Kirkeby, Gibson, and Gosch

FOR AN ACT ENTITLED, An Act to require the inspection of certain property adjacent to lakes before the property may be transferred.

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

SB 183 Introduced by: Senators Heineman, Brown, Gray, Haverly, Hunhoff (Jean), Johnston, Krebs, Novstrup (Al), and Olson (Russell) and Representatives Munsterman, Bolin, Kirkeby, Nelson (Stace), and Wick

FOR AN ACT ENTITLED, An Act to provide for the application of LEAN techniques to certain state agencies and to repeal the legislative review of state agencies.

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

SB 184 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

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

SB 185 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the per student allocation for the state aid to general education formula.

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

SB 186 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

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

SB 187 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy inspection fund.

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

SB 188 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility of National Guard members for certain graduate tuition reductions.

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

SB 189 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating to certain funds received from the federal government.

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

SB 190 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

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

SB 191 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for the sales tax on food refund program.

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

SB 192 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

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

SB 193 Introduced by: Senators Gray, Brown, and Garnos and Representatives Cronin, Abdallah, Hoffman, Juhnke, Kirkeby, Perry, and Street

FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.

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

SB 194 Introduced by: Senators Gray, Brown, and Rave and Representatives Rausch, Gosch, and Solum

FOR AN ACT ENTITLED, An Act to create a Wind Energy Competitive Advisory Task Force and to provide for the appointment of the task force members.

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

SB 195 Introduced by: Senator Brown and Representative Cronin

FOR AN ACT ENTITLED, An Act to reiterate, by means of legislative findings, the constitutional relationship of the judicial and legislative branches to the appropriation and budgeting process.

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

SB 196 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the revolving economic development and initiative fund.

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

SB 197 Introduced by: Senators Garnos and Vehle

FOR AN ACT ENTITLED, An Act to enhance education for students in certain residential treatment facilities.

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

SB 198 Introduced by: Senators Garnos, Adelstein, Lederman, Nelson (Tom), Rampelberg, and Vehle and Representatives Lucas, Brunner, and Romkema

FOR AN ACT ENTITLED, An Act to provide for a study the issue of creating the Kadoka-Caputa Rails to Hope Trail as a state park.

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

SB 199 Introduced by: Senators Garnos and Gray

FOR AN ACT ENTITLED, An Act to appropriate money from the property tax reduction fund for the enhancement of human capital.

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

SJR 1 Introduced by: Senator Brown and Representative Cronin

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article V, section 11 of the Constitution of the State of South Dakota relating to the funding of the Unified Judicial System.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1036: FOR AN ACT ENTITLED, An Act to revise the time when financial reports of the guaranty association are submitted to the director of insurance.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to building energy codes.

Was read the second time.

The question being "Shall SB 94 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SB 110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

Was read the second time.

The question being "Shall SB 110 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 33 be deferred to Tuesday, February 1, the 14^th legislative day.

Which motion prevailed.

SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding representations and warranties in insurance and annuity applications.

Was read the second time.

The question being "Shall SB 44 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Putnam

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 61: FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts to contract with the districts in limited cases.

Was read the second time.

The question being "Shall SB 61 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Putnam

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

SB 10: FOR AN ACT ENTITLED, An Act to appropriate certain funds for the construction of a new dairy manufacturing plant at South Dakota State University and to declare an emergency.

Was read the second time.

The question being "Shall SB 10 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Maher

Excused:
Putnam

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 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources fund to the State Conservation Commission and to declare an emergency.

Was read the second time.

Sen. Gray moved that SB 11 be placed to follow SB 111 on today's calendar.

Which motion prevailed.

SB 34: FOR AN ACT ENTITLED, An Act to create the crime of possessing, selling, or distributing certain substances intended for the purpose of intoxication.

Was read the second time.

The question being "Shall SB 34 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Hansen (Tom); Putnam

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 37: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

Was read the second time.

The question being "Shall SB 37 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 62: FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to compensation and expense reimbursement for sanitary district board members.

Was read the second time.

The question being "Shall SB 62 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 67: FOR AN ACT ENTITLED, An Act to reduce the minimum size for improvement districts.

Was read the second time.

The question being "Shall SB 67 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 73: FOR AN ACT ENTITLED, An Act to establish a preference for veterans and disabled persons when leasing residential property owned by counties.

Was read the second time.

The question being "Shall SB 73 pass as amended?"

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

Yeas:
Bradford; Buhl; Frerichs; Fryslie; Hundstad; Johnston; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Schlekeway; Sutton

Nays:
Adelstein; Begalka; Brown; Cutler; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Novstrup (Al); Peters; Putnam; Rampelberg; Rave; Rhoden; Tidemann; Tieszen; Vehle

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

SB 111: FOR AN ACT ENTITLED, An Act to extend for two years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs.

Was read the second time.

The question being "Shall SB 111 pass?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tieszen

Nays:
Buhl; Frerichs; Haverly; Rhoden; Tidemann; 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.

SB 11: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources fund to the State Conservation Commission and to declare an emergency.

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

The question being "Shall SB 11 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SC 5 Introduced by: Senators Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the South Dakota School of Mines and Technology's Programming Team for competing in the 2011 World Finals of the Association for Computing's Intercollegiate Programming Contest.

WHEREAS, the South Dakota School of Mines and Technology's Programming Team, consisting of undergraduate students Matt DesEnfants, Ethan Robish, and Randy Foudray, will compete in the 2011 World Finals of the Intercollegiate Programming Contest sponsored by the Association for Computing (ACM) on March 3, 2011, in Sharm el-Sheikh, Egypt; and

WHEREAS, the regional competitions included 24,915 contestants from 2,070 universities from 88 countries on 8,305 teams, and the SDSM&T Programming Team is one of only 18 teams in the country that advanced to the 2011 World Finals; and

WHEREAS, this is the fourth time since 1998 that the SDSM&T Programming Team has advanced to the World Finals, and the team has the support of many alumni and friends who have donated to make the trip to Egypt possible:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the SDSM&T Programming Team, consisting of Matt DesEnfants, Ethan Robish, and Randy Foudray, be congratulated and wished every success at the 2011 World Finals of the ACM Intercollegiate Programming Contest.

Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at 3:34 p.m. the Senate adjourned.

Trudy Evenstad, Secretary