JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION



FOURTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 1, 2011

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

    The prayer was offered by the Chaplain, Fr. Mike Griffin, followed by the Pledge of Allegiance led by Senate pages Sarah Schiley and Gemma Trask.

    Roll Call: All members present except Sen. Cutler who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirteenth 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.
COMMUNICATIONS AND PETITIONS


January 26, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed Darin Bergquist, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Transportation.

    This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

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

                    
January 26, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed Timothy A. Reisch, Miner County, Howard, South Dakota, to the position of Secretary of the Department of Corrections.

    This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.
January 26, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed Steven Pirner, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Environment & Natural Resources.

    This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

January 26, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Kimberley Malsam-Rysdon, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Social Services.

    This appointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.

January 26, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed Pamela Roberts, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor.

    This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Commerce and Energy.

                    
January 26, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Walter Bones, Turner County, Chancellor, South Dakota, to the position of Secretary of the Department of Agriculture.

    This appointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

                    


January 26, 2011

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    I have the honor to inform you that Governor M. Michael Rounds did appoint the persons in the following appointment letters during the time period between the 2010 and 2011 legislative sessions. I respectfully request your consent on these appointments.

Sincerely,
Dennis Daugaard
Governor

March 25, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Terry Baloun, Faulk County, Highmore, South Dakota, to the State Board of Regents.

    This reappointment is effective immediately, and shall continue until March 31, 2016.

Sincerely,
M. Michael Rounds
Governor

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

March 25, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Randy Morris, Lawrence County, Spearfish, South Dakota, to the State Board of Regents.

    This reappointment is effective immediately, and shall continue until March 31, 2016.

Sincerely,
M. Michael Rounds
Governor

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

                    
April 7, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Barbara Christianson, Pennington County, Rapid City, South Dakota, to the Career Service Commission.

    This reappointment is effective immediately, and shall continue until April 22, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

April 15, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Jean (Dawn) Morris, Hughes County, Pierre, South Dakota, to the position of Career Service Commission.


    This reappointment is effective immediately, and shall continue until April 22, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

                    
June 29, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Stanley Porch, Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

    This reappointment is effective immediately, and shall continue until June 30, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

June 29, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Mark Roby, Codington County, Watertown, South Dakota, to the South Dakota Ellsworth Development Authority.

    This reappointment is effective immediately, and shall continue until June 30, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

July 2, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Raymond Wahle, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Energy Infrastructure Authority.

    This reappointment is effective immediately, and shall continue until June 30, 2016.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Commerce and Energy.

July 9, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Bill Hansen, Turner County, Centerville, South Dakota, to the Housing Development Authority.

    This appointment is effective July 9, 2010, and shall continue until June 30, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 9, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Brent Dykstra, Stanley County, Ft. Pierre, South Dakota, to the Housing Development Authority.

    This reappointment is effective immediately, and shall continue until June 30, 2015.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

July 9, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Linda Barker, Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority.

    This reappointment is effective immediately, and shall continue until June 30, 2015.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

July 19, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James C. Spies, Codington County, Watertown, South Dakota, to the South Dakota Game, Fish and Parks Commission.

    This appointment is effective July 15, 2010, and shall continue until January 10, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

August 2, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Patrick L. Weber, McCook County, Montrose, South Dakota, to the State Board of Regents.

    This appointment is effective August 2, 2010, and shall continue until June 30, 2012.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Education.

August 16, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Patricia LeBrun, Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

    This reappointment is effective immediately, and shall continue until August 8, 2016.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

August 24, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Loren McManus, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective August 23, 2010, and shall continue until June 30, 2013.

Sincerely,
M. Michael Rounds
Governor

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

August 24, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Alicia Y. Alvarez, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This appointment is effective August 17, 2010, and shall continue until June 30, 2011.

Sincerely,
M. Michael Rounds
Governor

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

October 1, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Barry Jensen, Mellette County, White River, South Dakota, to the South Dakota Game, Fish and Parks Commission.

    This appointment is effective October 1, 2010, and shall continue until January 10, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

November 10, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Richard Gowen, Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective immediately, and shall continue until December 31, 2014.

Sincerely,
M. Michael Rounds
Governor

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

November 10, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Donald Kirkegaard, Marshall County, Britton, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective immediately, and shall continue until December 31, 2014.

Sincerely,
M. Michael Rounds
Governor

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

November 15, 2010

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Paul Symens, Marshall County, Amherst, South Dakota, to the Housing Development Authority.

    This appointment is effective November 15, 2010, and shall continue until June 30, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 15 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1017 and 1019 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 1004, 1018, 1020, and 1021 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 SB 105 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 137 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 SB 72 and returns the same with the recommendation that said bill be amended as follows:

72cb

    On page 2 of the printed bill, delete lines 16 to 24, inclusive, and insert:

"(2A)    "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to § 13-28-42.1, plus the number of students for whom the district pays tuition. Any student enrolled in a kindergarten program operating for less than eight hundred and seventy-five hours, exclusive of intermissions, in a school term shall be counted on a pro rata basis as follows:

            (a)    For fiscal year 2012, any such student shall be counted as 0.75 fall enrollment; and
            (b)    For fiscal year 2013 and thereafter, any such student shall be counted on a pro rata basis according to the number of hours of operation of the program in which the student is enrolled.
                When computing state aid to education for a school district under the foundation program pursuant to § 13-13-73, the secretary of the Department of Education shall

use either the school district's fall enrollment or the average of the school district's fall enrollment from the previous two years, whichever is higher;".

    On page 3, delete lines 1 to 4, inclusive."


72cc

    On page 5, after line 15 of the printed bill, insert:

    "Section 3. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

    Any money appropriated for state aid to general education that is in excess of the amount of money necessary to meet the entitlement provided for in this chapter and to meet any shortfall pursuant to subdivision 13-13-73(4) is not subject to reversion pursuant to § 4-8-19 and shall be distributed to all school districts receiving state aid pursuant to this chapter on a pro rata basis according to each eligible school district's fall enrollment compared to the total fall enrollment of all eligible school districts."

72cta

    On page 1, line 2, of the printed bill, delete "and".

    On page 1, line 3, after "three" insert ", and to provide for the redistribution of certain funds appropriated for state aid to education".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 85 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 64 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 Commerce and Energy respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill be amended as follows:

43ja

    On page 1 of the printed bill, remove the overstrikes from lines 8 to 15, inclusive.

    On page 2, remove the overstrikes from lines 1 and 2.

    On page 2, between lines 2 and 3, insert:

    "The provisions of this section apply only to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147."


    On page 5, line 19, delete "No" and insert "Except for plans grandfathered pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147, no".

    On page 6, remove the overstrikes from lines 2 to 12, inclusive.

    On page 6, between lines 12 and 13, insert:

    "The provisions of this section apply only to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147."


    On page 7, remove the overstrikes from lines 9 to 18, inclusive.

    On page 7, between lines 18 and 19, insert:

    "The provisions of this section apply only to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147."

    On page 9, remove the overstrikes from lines 19 to 24, inclusive.

    On page 10, remove the overstrikes from lines 1 to 5, inclusive.

    On page 10, between lines 5 and 6, insert:

    "The provisions of this section apply only to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147."


    On page 10, remove the overstrikes from lines 10 to 19, inclusive.

    On page 10, after line 19, insert:

    "The provisions of this section apply only to grandfathered plans pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147."

    Section 13. That chapter 58-17 be amended by adding thereto a NEW SECTION to read as follows:

    Each policy of health insurance that covers a female and that is delivered, issued for delivery, or renewed in this state, except for a policy that provides coverage for specified disease or other limited benefit coverage, shall provide coverage for screening for the presence of occult breast cancer.

    The provisions of this section apply only to plans that are not grandfathered pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147.

    Section 14. That chapter 58-38 be amended by adding thereto a NEW SECTION to read as follows:

    Each service or indemnity-type contract issued by a nonprofit medical and surgical service plan corporation that covers a female and that is delivered, issued for delivery, or renewed in this state, except for a contract that provides coverage for specified disease or other limited benefit coverage, shall provide coverage for screening for the presence of occult breast cancer.

    The provisions of this section apply only to plans that are not grandfathered pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147.

    Section 15. That chapter 58-18 be amended by adding thereto a NEW SECTION to read as follows:

    Each group health insurance policy that covers a female and that is delivered, issued for delivery, or renewed in this state, except for a policy that provides coverage for specified disease or other limited benefit coverage, shall provide coverage for screening for the presence of occult breast cancer.

    The provisions of this section apply only to plans that are not grandfathered pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147.

    Section 16. That chapter 58-40 be amended by adding thereto a NEW SECTION to read as follows:

    Each service or indemnity-type contract issued by a nonprofit hospital service plan corporation that covers a female and that is delivered, issued for delivery, or renewed in this state, except for a contract that provides coverage for specified disease or other limited benefit coverage, shall provide coverage for screening for the presence of occult breast cancer.
    The provisions of this section apply only to plans that are not grandfathered pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147.

    Section 17. That chapter 58-41 be amended by adding thereto a NEW SECTION to read as follows:

    Each health maintenance contract that covers a female and that is delivered, issued for delivery, or renewed in this state, except for a contract that provides coverage for specified disease or other limited benefit coverage, shall provide coverage for screening for the presence of occult breast cancer.

    The provisions of this section apply only to plans that are not grandfathered pursuant to 75 Fed. Reg. 116 (2010) to be codified at 26 C.F.R. §§ 54 and 602, 29 C.F.R. § 2590, and 45 C.F.R. § 147.

    Section 18. That chapter 58-18B be amended by adding thereto a NEW SECTION to read as follows:

    No small employer carrier may increase its small employer base rates unless the small employer carrier has filed the base rate increase with the director for review at least thirty days prior to the implementation of the rate increase. The base rates are deemed approved at the expiration of thirty days after the filing thereof unless disapproved by the director within thirty days after the date of filing. The filing of the base rate increase shall include documentation sufficient to actuarially justify the increase and a history of the earned premiums and incurred claims on the policy forms applicable to the rate increase. The base rates shall be reasonable in relation to the benefits."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill be amended as follows:

70sa

    On page 3 of the printed bill, delete lines 14 to 18, inclusive.

    On page 3, line 19, delete "9" and insert "8".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 100 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 106 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Jeffrey R. Vonk of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Game, Fish & Parks and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 91 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1003, 1006, 1007, 1008, 1031, 1032, 1040, 1044, 1051, 1057, 1067, 1069, 1081, 1098, and 1099 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 15 which has passed the House without change.


Also MR. PRESIDENT:

    I have the honor to return herewith SCR 1 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 4: A CONCURRENT RESOLUTION, Endorsing the adoption of a national flag to honor and remember those who died while serving in America's military.

    Was read the second time.

    Sen. Haverly moved that SCR 4 as found on page 237 of the Senate Journal be adopted.

    The question being on Sen. Haverly's motion that SCR 4 be adopted.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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

    Excused:
Cutler

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Transportation on SB 4 as found on page 236 of the Senate Journal; also

    Local Government on SB 69 as found on page 235 of the Senate Journal; also

    Local Government on SB 75 as found on page 234 of the Senate Journal; also

    Local Government on SB 89 as found on page 235 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Amy Iversen-Pollreisz of Hughes County, Pierre, South Dakota, as Interim Secretary of the Department of Human Services.

    The question being "Does the Senate advise and consent to the appointment of Amy Iversen-Pollreisz pursuant to the message as found on page 171 of the Senate Journal?

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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

    Excused:
Cutler

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 200 Introduced by: The Committee on Education at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to school district fund balances.

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

    SB 201 Introduced by: The Committee on Commerce and Energy

    FOR AN ACT ENTITLED, An Act to restrict the application of certain foreign laws, legal codes, and system with respect to state legal proceedings.


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

    SB 202 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation Advisory Council.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1003: FOR AN ACT ENTITLED, An Act to permit the Interim Rules Review Committee to revert a rule if the rule imposes unreasonable costs.

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

    HB 1006: FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in hunting certain animals.

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

    HB 1007: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to issue revenue bonds to provide for maintenance and repair on facilities controlled by the Board of Regents and to provide appropriations therefor.

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

    HB 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expend higher education facilities funds to maintain and repair facilities occupied under capital leases.

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

    HB 1031: FOR AN ACT ENTITLED, An Act to increase the national registry fee for real estate appraisers.

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

    HB 1032: FOR AN ACT ENTITLED, An Act to authorize imposition of a permanent injunction upon any person engaged in an unlicensed real estate appraisal practice.

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

    HB 1040: FOR AN ACT ENTITLED, An Act to provide jurisdiction for clerk magistrates to accept certain penalties.

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

    HB 1044: FOR AN ACT ENTITLED, An Act to revise certain water project district voter eligibility provisions.

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

    HB 1051: FOR AN ACT ENTITLED, An Act to provide deadlines for the transmission of voter registration files.

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

    HB 1057: FOR AN ACT ENTITLED, An Act to repeal the provision that requires the county auditor to assist in locating unregistered mobile homes.

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

    HB 1067: FOR AN ACT ENTITLED, An Act to revise the lookback period for the enhancement of penalties for multiple assaults and violations of protection orders.

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

    HB 1069: FOR AN ACT ENTITLED, An Act to define electronic communication devices for certain crimes involving threatening or harassing calls.

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

    HB 1081: FOR AN ACT ENTITLED, An Act to eliminate the requirement that certain political subdivisions purchase an accounting manual.

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

    HB 1098: FOR AN ACT ENTITLED, An Act to revise the limitation on the increases and decreases that may be made to the total taxable value of cropland and noncropland.

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

    HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local historic preservation projects.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Fryslie requested that SB 28 be removed from the Consent Calendar.

    SB 102: FOR AN ACT ENTITLED, An Act to repeal an outdated provision regarding the assessment of property for school districts.

    Was read the second time.

    The question being "Shall SB 102 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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

    Excused:
Cutler

    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 142: FOR AN ACT ENTITLED, An Act to repeal the requirement that members of certain boards and commissions receive the advice and consent of the Senate.

    Was read the second time.

    The question being "Shall SB 142 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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

    Excused:
Cutler

    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 3, 33, 35, 88, and 90 be deferred to Wednesday, February 2, the 15th legislative day.

    Which motion prevailed.

    SB 5: FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge for posting maximum vehicle weight warning signage.

    Was read the second time.

    The question being "Shall SB 5 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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

    Excused:
Cutler

    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 22: FOR AN ACT ENTITLED, An Act to provide for the regulation and licensure of birth centers.

    Was read the second time.

    The question being "Shall SB 22 pass?"

    And the roll being called:

    Yeas 28, Nays 6, Excused 1, Absent 0

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

    Nays:
Brown; Haverly; Holien; Maher; Peters; Putnam

    Excused:
Cutler

    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 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from snowmobiles.

    Was read the second time.

    The question being "Shall SB 55 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

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

    Nays:
Fryslie; Hansen (Tom); Schlekeway; Tidemann

    Excused:
Cutler

    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 92: FOR AN ACT ENTITLED, An Act to extend for three years the period of time in which school districts may expend capital outlay funds for certain transportation, insurance, energy, and utility costs, to include group health insurance costs among those costs, and to increase the percentage of capital outlay funds which may be expended for those costs.

    Was read the second time.

92ja

    Sen. Brown moved that SB 92 be further amended as follows:

    On page 2, line 23, of the Senate Education Committee engrossed bill, remove the overstrikes from "2008".

    On page 2, line 24, delete "2010".

    On page 3, line 3, delete "2008 2010" and insert "2008".

    Which motion prevailed.

    The question being "Shall SB 92 pass as amended?"

    And the roll being called:

    Yeas 14, Nays 20, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Fryslie; Garnos; Holien; Krebs; Maher; Nelson (Tom); Olson (Russell); Rave; Schlekeway; Sutton

    Nays:
Buhl; Frerichs; Gray; Hansen (Tom); Haverly; Heineman; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Novstrup (Al); Nygaard; Peters; Putnam; Rampelberg; Rhoden; Tidemann; Tieszen; Vehle

    Excused:
Cutler


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

    SB 129: FOR AN ACT ENTITLED, An Act to revise which county employees may assist in the execution of United States passport applications and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 129 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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

    Excused:
Cutler

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purpose of the 911 emergency surcharge and to provide rule-making authority to the 911 Coordination Board to establish allowable recurring and nonrecurring costs for the operation of a public safety answering point.

    Was read the second time.

    The question being "Shall HB 1014 pass?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

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

    Nays:
Hundstad

    Excused:
Cutler

    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.

COMMEMORATIONS

    SC 6 Introduced by: Senators Buhl, Adelstein, Bradford, Brown, Cutler, Frerichs, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Putnam, Rampelberg, Rave, Schlekeway, Sutton, and Vehle and Representatives Lucas, Blake, Bolin, Cronin, Dennert, Elliott, Fargen, Feickert, Feinstein, Gibson, Hickey, Hubbel, Hunhoff (Bernie), Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Lust, Moser, Munsterman, Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Schrempp, Sigdestad, Sly, Street, Stricherz, Tornow, Tulson, White, and Wismer

        A LEGISLATIVE COMMEMORATION, Commending and honoring the 2010 Habitat for Humanity--South Dakota Habitat Supporters of the Year.

    WHEREAS, Habitat for Humanity--South Dakota recently celebrated the hard work and volunteerism of the fourteen local Habitat for Humanity affiliates throughout South Dakota by recognizing the work of the Habitat Supporters of the Year at the 2010 Fundraiser and Recognition Banquet; and

    WHEREAS, Habitat for Humanity throughout South Dakota has now achieved another milestone of the construction of the three hundred fiftieth home in South Dakota, which construction results from the generosity of countless volunteers, as well as many sweat equity hours contributed by the homeowner families; and

    WHEREAS, it is fitting and proper that the South Dakota Legislature acknowledge the selfless work of these Habitat Supporters of the Year toward the goal of creating affordable housing and eliminating poverty housing in South Dakota:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Paul Hilgedick, Marvin Paschke, Ope Niemeyer, Jim Huntley, East River Electric Power Cooperative, Sioux Falls Lions Clubs, RDO Equipment Company, Mike

Asmus, Deene Dayton, Rosebud Episcopal Mission and the Episcopal Diocese of South Dakota, Reliabank Dakota, Wells Fargo employees and the Wells Fargo Housing Foundation, David Holzwarth, and Rita Edwards have achieved the distinction of Habitat for Humanity Supporters of the Year for 2010 in South Dakota.

    SC 7 Introduced by: Senator Krebs and Representatives Abdallah and Hunt

        A LEGISLATIVE COMMEMORATION,  Honoring Dennis Olson of Brandon as the 2010 winner of the South Dakota Municipal League Excellence in Municipal Government Award.

    WHEREAS,  Dennis Olson is an outstanding city administrator and finance officer who is not only an asset to his city, but all municipalities in the State of South Dakota; and

    WHEREAS, Dennis Olson is a strong advocate for South Dakota, providing an example of leadership, commitment, volunteerism, and giving back to one's community; and

    WHEREAS, Dennis Olson's activity with our municipalities has expanded to service to all cities in South Dakota; and

    WHEREAS, Dennis Olson's calm professionalism has helped his council focus on the task that needs to be accomplished:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Dennis Olson be recognized for his excellence in municipal government.

    SC 8 Introduced by: Senator Olson (Russell) and Representatives Fargen and Stricherz

        A LEGISLATIVE COMMEMORATION,  Honoring Jeff Heinemeyer of Madison as Municipal Finance Officer of the Year.

    WHEREAS, for more than twenty-six years, Jeff Heinemeyer has been essential in helping the Madison Commission operate effectively; and

    WHEREAS, Jeff Heinemeyer daily shows concern for his city, its citizens, and employees; and

    WHEREAS, Jeff Heiemeyer is active in many community organizations that promote Madison and encourage economic development; and

    WHEREAS, Jeff Heinemeyer is a friend and mentor to municipal finance officers throughout the State:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Jeff Heinemeyer be honored as Municipal Finance Officer of the Year.

SIGNING OF BILLS

    The President publicly read the title to

    SB 15: FOR AN ACT ENTITLED, An Act to revise the definition of accredited prevention or treatment facilities and to authorize the Division of Drug and Alcohol Abuse to inspect these facilities and access their records.

    And signed the same in the presence of the Senate.

    Sen. Holien moved that the Senate do now adjourn, which motion prevailed and at 3:28 p.m. the Senate adjourned.

Trudy Evenstad, Secretary