JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION




SEVENTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 7, 2011

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Sammi Nachtigal.

    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 sixteenth 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.
    The oath of office was administered by the President to the following named persons:

            Pages _ Leah Cypher, Elaina Deadrick, Cristina Drey, Ashley Higdon, Kendra Lauer, Frankie Lux, Cassandra Mraz, Sammi Nachtigal, Olivia Siglin, Mariah Waters

    Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

January 10, 2011

The Honorable Matt Michels
President, South Dakota Senate
500 East Capitol Ave
Pierre, SD 57501-5070

Dear President Michels and Members of the Senate:

Pursuant to SDCL 23-28B-3 and SDCL 23A-28-5, Chief Justice David Gilbertson has reappointed Lynnette B. Gordon, a Court Service Officer of the Fourth Judicial Circuit, to a three-year term on the Crime Victims' Compensation Commission.

The reappointment commences on July 1, 2011, and expires on June 30, 2014.

This reappointment, pursuant to SDCL 23-28B-3, is subject to the advice and consent of the Senate. Accordingly, we hereby request that you submit said reappointment to the Senate for consent during the next Legislative Session.

Thank you for your cooperation. We will await your advice as to the Senate's action with regard to this reappointment.

Very truly yours,
Shirley A. Jameson-Fergel

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1035 and returns the same with the recommendation that said bill do pass.



Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 119 and HB 1030 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 Commerce and Energy respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill be amended as follows:

103ja

    On page 2, line 2, of the printed bill, overstrike ", (6), or (16)" and insert "or (6)".

    On page 2, line 17, overstrike "may" and insert "shall".

    On page 2, line 18, after "license" insert ", including rules limiting the number of licenses that may be issued to any person within any calendar year".

    On page 2, line 20, before "Any" insert "Notwithstanding § 35-1-5.3, a municipality or county may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event."

    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 121 and returns the same with the recommendation that said bill be amended as follows:

121fa

    On page 1, after line 8 of the printed bill, insert:

    "Section 2. That § 35-2-25 be amended to read as follows:

    35-2-25. No license granted pursuant to subdivisions 35-4-2(3), (4), (6), (12), (13), (16), (17), and (17A) and section 1 of this Act and §§ 35-12-2 and 35-13-2 may be issued unless the applicant has first obtained a sales tax license pursuant to chapter 10-45, or, if applicable, a use tax license pursuant to chapter 10-46.


    Section 3. That § 35-4-2.11 be amended to read as follows:

    35-4-2.11. Fifty percent of all license and transfer fees received under the provisions of subdivisions 35-4-2(16), (17), and (17A) and section 1 of this Act shall remain in the municipality in which the licensee paying the fee is located, or if outside the corporate limits of a municipality, then in the county in which the licensee is located. In addition, fifty percent of wholesaler license fees received under subdivision 35-4-2(15) shall revert to the municipality in which the licensee is located, or if outside the corporate limits of a municipality, then to the county in which the licensee is located. The remainder of all license and transfer fees and penalties received shall be credited to the state general fund.

    Section 4. That § 35-4-79 be amended to read as follows:

    35-4-79. No on-sale licensee may permit any person less than twenty-one years old to loiter on the licensed premises or to sell, serve, dispense, or consume alcoholic beverages on such premises. However, an on-sale licensee licensed pursuant to subdivision 35-4-2(4), (6), (11), (12), (13), or (16) or section 1 of this Act may permit persons eighteen years old or older to sell and serve or dispense alcoholic beverages if less than fifty percent of the gross business transacted by that establishment is from the sale of alcoholic beverages and the licensee or an employee that is at least twenty-one years of age is on the premises when the alcoholic beverage is sold or dispensed. For the purposes of this section, the term, to sell and serve alcoholic beverages, means to take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.

    A violation of this section is a Class 2 misdemeanor.

    Section 5. That § 35-4-81.2 be amended to read as follows:

    35-4-81.2. No licensee licensed under subdivisions 35-4-2(12), (16), (17), (17A), and (19) and section 1 of this Act may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of two a.m. and seven a.m. A violation of this section is a Class 2 misdemeanor. "


    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 125 and returns the same with the recommendation that said bill be amended as follows:

125oa

    On page 3, after line 8 of the printed bill, insert:

    "Section 3. That § 61-5-24.1 be amended to read as follows:



    61-5-24.1. Employers required by this title to pay contributions, except employers that pursuant to chapter 61-5A reimburse the unemployment compensation trust fund for benefits paid in lieu of contributions, shall also pay an employer's investment in South Dakota's future fee, hereinafter "investment fee," on wages as defined by this title. The fee rate for employers not eligible for experience rating, as defined in § 61-5-20.2, shall be seventy hundredths percent through calendar year 2006 and fifty-five hundredths percent on and after January 1, 2007. If an employer is eligible for experience rating, his the employer's reserve ratio shall be determined pursuant to § 61-5-18.14 § 61-5-18.17 and his the employer's investment fee rate shall be the rate appearing in column "A" on the same line on which his the employer's reserve ratio appears in column "B" of the following rate schedules.

    From January 1, 1993, to December 31, 2006, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.70%        Less than 0.80%  
0.60%       0.80% and Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2007, to December 31, 2007, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.60%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  


    From January 1, 2008, to December 31, 2008, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.58%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    From January 1, 2009, to December 31, 2009, inclusive:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.56%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    Beginning January 1, 2010:

Column "A"  
Column "B"
 
Investment Fee Rate  
Reserve Ratio
 
0.55%       Less than 1.00%  
0.50%       1.00% and Less than 1.20%  
0.40%       1.20% and Less than 1.30%  
0.30%       1.30% and Less than 1.40%  
0.20%       1.40% and Less than 1.50%  
0.10%       1.50% and Less than 1.60%  
0.00%       1.60% and Over  

    The terms and conditions of this title which apply to the payment and collection of contributions also apply to the payment and collection of the investment fee. Proceeds from the investment fee shall be deposited in the clearing account of the unemployment compensation fund for clearance only and may not become part of the fund. After clearance, the money derived from such payments, less refunds made pursuant to the provisions of this title, shall be deposited in the employer's investment in South Dakota's future special revenue fund as provided for in § 61-5-24.2. Investment fee payments may not be credited to the employer's experience rating account and may not be deducted in whole or in part by any employer from the wages of individuals in its employ.

    The investment fee rate may not be increased over the applicable 1987 investment fee rate for any employer with a positive balance in his the employer's experience rating account on the computation date, as established in rules promulgated by the secretary of labor pursuant to chapter 1-26, for the current year and the year preceding the current year.

    The investment rates provided in this section apply to and are retroactive to taxable wages paid on and after January 1, 1993. "

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

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1026, 1027, and 1060 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 Transportation respectfully reports that it has had under consideration the nomination of Darin Bergquist of Hughes County, South Dakota, to the position of Secretary of the Department of Transportation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Mike Vehle, Chair



Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 68 and 95 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 SB 113 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 Local Government respectfully reports that it has had under consideration SB 84 and returns the same with the recommendation that said bill be amended as follows:

84ta

    On page 1, line 13, of the printed bill, remove the overstrikes from "state".

    On page 1, line 14, remove the overstrikes from "general fund".

    On page 1, line 15, delete "election education and compliance fund created by section 2 of this Act".

    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 109 and returns the same with the recommendation that said bill be amended as follows:

109fb

    On page 1, line 9, of the printed bill, delete "one hundred" and insert "sixty-five dollars. The first forty dollars of each annual registration fee shall be deposited in the general fund. Any amount for the annual registration fee that exceeds forty dollars shall be deposited in the technology fund created pursuant to section 4 of this Act."


    On page 1, delete lines 10 and 11.

    On page 2, between lines 11 and 12, insert "If a person has been authorized to act as a lobbyist on behalf of an employer pursuant to § 2-12-4, but the lobbyist does not conduct any lobbying activities pursuant to § 2-12-1 nor acts in any manner as a lobbyist in connection with representing that employer, a report is not required to be filed under this chapter."

    On page 2, line 15, delete "election education and compliance" and insert "technology".

    On page 2, after line 16, insert:

    "Section 3. That § 2-12-12 be repealed.

    2-12-12. Any person employed as a lobbyist who is convicted of a failure to comply with any provision of this chapter, or of acting as a lobbyist contrary to the provisions of this chapter shall be disbarred from acting in the capacity of lobbyist for three years following the date of such conviction.

    The attorney general or the state's attorney of the county where the violation is alleged to have been committed shall bring prosecutions for the violation of the provisions of this chapter.

    Section 4. There is hereby created within the state treasury the technology fund to be administered by the Office of the Secretary of State. All moneys in the technology fund are subject to appropriation by the Legislature through the General Appropriations Act or special appropriations. Any interest earned on money in the fund shall be credited to the fund."


109ftb

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

    On page 1, line 3, after "reports" insert ", to repeal certain provisions concerning lobbyists who fail to comply with certain requirements, and to create a technology fund."

    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 130 and returns the same with the recommendation that said bill be amended as follows:

130fa

    On page 1 of the printed bill, delete lines 6 to 11, inclusive.

    On page 1, after line 5, insert:

    "If the person charged with the conduct of an election and the governing board determine that an election cannot be conducted, the person charged with the conduct of an election shall sign a declaration of emergency and deliver it to the secretary of state prior to the election. The secretary of state may conduct the election for that county or political subdivision until the election has been certified. Any reasonable expenses incurred by the secretary of state to conduct the election shall be reimbursed by the county or political subdivision within ninety days after the election has been certified."

    And that as so amended said bill do pass.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

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

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 160 and 166 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 146 and 147 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:


1029fb

    On page 2 of the printed bill, delete lines 1 to 5, inclusive, and insert:

    "Section 2. That § 10-33-3 be repealed.

    10-33-3. Each company as herein defined, shall keep on file with the county auditor of each county through or into which its line or lines run, a map or blueprints showing correctly the location of its line or lines in such county and in each government subdivision thereof. ".


    And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1174 and 1180 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 4 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Hunhoff moved that the Senate do concur in House amendments to SB 50.

    The question being on Sen. Hunhoff's motion that the Senate do concur in House amendments to SB 50.

    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 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. Olson moved that the reports of the Standing Committees on

    Appropriations on SB 51 as found on page 313 of the Senate Journal; also

    Education on SB 65 as found on page 311 of the Senate Journal; also

    Judiciary on SB 80 as found on page 314 of the Senate Journal; also

    Judiciary on SB 101 as found on page 314 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Trevor Jones of Hughes County, Pierre, South Dakota, as Secretary of the Department of Public Safety.

    The question being "Does the Senate advise and consent to the executive appointment of Trevor Jones pursuant to the executive message as found on page 170 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 appointment confirmed.



FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

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

    HB 1180: FOR AN ACT ENTITLED, An Act to revise and repeal certain outdated provisions regarding land surveying.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1043: FOR AN ACT ENTITLED, An Act to clarify the jurisdictional amount in a small claims court proceeding.

    Was read the second time.

    The question being "Shall HB 1043 pass?"

    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 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 52 and 97 be deferred to Tuesday, February 8, the 18th legislative day.

    Which motion prevailed.


    SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices.

    Was read the second time.

33oa

    Sen. Brown moved that SB 33 be amended as follows:

    On page 2, line 20, of the printed bill, after "§ 1-11-18" insert ". A participant shall pay all electronic alcohol monitoring device testing user fees to the clerk of courts in the county where the participant is enrolled in the program if the test is ordered by a court. If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be paid to the directing entity as provided in the written directive".

    On page 3, line 24, after ":" insert "and".

    On page 4, delete lines 1 and 2 and insert:
"
            (3)    Set participation and user fees; however, user fees for twice a day testing shall not be less than one dollar per test; and".

    On page 4, line 3, delete "(4)" and insert "(3)".

    On page 4, after line 4, insert:

    "Section 5. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    A participant submitting to twice-a-day testing shall pay a user fee of one dollar to three dollars, inclusive, for each test.

    Section 6. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    A participant submitting to urinalysis testing shall pay a user fee of five dollars to ten dollars, inclusive, for each test. If further analysis of the sample is required or requested, the participant is responsible for payment of the actual costs incurred by the participating agency for the analysis of the sample.

    Section 7. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    A participant submitting to wear a drug patch shall pay a user fee of forty to fifty dollars, inclusive, for each drug patch attached.

    Section 8. That chapter 1-11 be amended by adding there a NEW SECTION to read as follows:

    A participant submitting to the wearing of the electronic alcohol monitoring device shall pay a user fee of five dollars to ten dollars, inclusive, for each day.

    In addition, the participant shall pay an installation fee and a deactivation fee, each in the amount of thirty to fifty dollars, inclusive.

    The participant is also financially responsible for the actual replacement cost for loss or breakage of the electronic alcohol monitoring device and all associated equipment provided to the participant that is necessary to conduct electronic alcohol monitoring device testing.

    Section 9. That chapter 11 be amended by adding thereto a NEW SECTION to read as follows:

    A participant submitting to the installation of an ignition interlock device shall pay all costs and expenses associated with the installation and operation of the ignition interlock device directly to the authorized vendor pursuant to a contract between the vendor and participant.

    In addition, the participant shall pay an enrollment fee in the amount of thirty to fifty dollars, inclusive, at the time of enrollment and monitoring fees in the amount of ten to twenty dollars, inclusive, at intervals to be set by the Attorney General.

    The participant is also financially responsible for the actual replacement cost for loss or breakage of the ignition interlock device and all associated equipment provided to the participant that is necessary to conduct ignition interlock device testing.

    Section 10. That chapter 1-11 by amended by adding thereto a NEW SECTION to read as follows:

    A participant shall pay all electronic alcohol monitoring device fees in advance or contemporaneously with the fee becoming due. All other applicable fees shall be paid at or in advance of the time for the test.

    Section 11. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    Each participant in the 24/7 sobriety program shall pay a participation fee of one to three dollars, inclusive, per day.

    Section 12. That chapter 1-11 be amended by adding thereto a NEW SECTION to read as follows:

    The Attorney General shall meet annually with participating agencies to review fees and collection procedures for the 24/7 sobriety program. The attorney general shall set and give notice of the time and place for the meeting. The attorney general shall set, by rules promulgated pursuant to chapter 1-26, the annual fees within the range established by this chapter.

    Section 13. That ARSD 2:06:03:01 be repealed:

    2:06:03:01.  Twice-a-day testing. A participant submitting to twice-a-day testing shall pay a fee of one dollar for each test.

    Section 14. That ARSD 2:06:03:02 be repealed:

    2:06:03:02.  Urinalysis. A participant submitting to urinalysis testing shall pay a fee of five dollars for each test. If further analysis of the sample is required or requested, the participant is responsible for payment of the actual costs incurred by the participating agency for the analysis of the sample.

    Section 15. That ARSD 2:06:03:03 be repealed:

    2:06:03:03.  Drug patch. A participant submitting to wear a drug patch shall pay a fee of $40 for each drug patch attached.

    Section 16. That ARSD 2:06:03:04 be repealed:

    2:06:03:04.  Electronic alcohol monitoring device. A participant submitting to the wearing of the electronic alcohol monitoring device shall pay a fee of six dollars for each day, to be paid in one of the following ways:

    (1)  Weekly -- $42;
    (2)  Bi-weekly -- $84;
    (3)  Every four weeks -- $168.

    In addition, the participant shall pay an installation fee and a deactivation fee, each in the amount of $30.

    The participant is also financially responsible for the actual replacement cost for loss or breakage of the electronic alcohol monitoring device and all associated equipment provided to the participant that is necessary to conduct electronic alcohol monitoring device testing.

    Section 17. That ARSD 2:06:03:05 be repealed:

    2:06:03:05.  Collection and remittance of fees. Except for electronic alcohol monitoring device testing daily fees and installation and deactivation fees collected by the Department of Corrections and Unified Judicial System, a participant shall pay all applicable fees to the participating agency conducting the test. A participant shall pay all electronic alcohol monitoring device testing daily fees to the clerk of courts in the county where the participant is enrolled in the program if the test is ordered by a court. If the test is directed by the Board of Pardons and Parole, the Department of Corrections, the Department of Public Safety, or a parole agent, the fees shall be paid to the directing entity as provided in the written directive.

    A participant shall pay all electronic alcohol monitoring device fees in advance or contemporaneously with the fee becoming due. All other applicable fees shall be paid at or in advance of the time for the test.



    Section 18. That ARSD 2:06:03:06 be repealed:

    2:06:03:06.  Annual review of fees. The Attorney General shall meet annually with participating agencies to review fees and collection procedures for the 24/7 Sobriety Program. The Attorney General shall set and give notice of the time and place for the meeting.".


    Which motion prevailed.

33ra

    Sen. Adelstein moved that SB 33 be further amended as follows:

    On page 2, between lines 3 and 4 of the printed bill, insert:

    "Section 2. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

    To ensure compliance with the 24/7 sobriety program, the court may, as one option, order the person to install and to use an ignition interlock device approved pursuant to section 3 of this Act in any motor vehicle owned or operated by the person.

    Section 3. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

    The Office of the Attorney General shall approve any ignition interlock device to be used pursuant to this the 24/7 sobriety testing program. The Office of the Attorney General shall promulgate rules, pursuant to chapter 1-26, to establish performance standards for ignition interlock devices. The rules shall include standards relating to accuracy of the device, the means of installing the device, and the degree of difficulty rendering the device inoperative.

    Section 4. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

    If a person who is subject to the provisions of section 2 of the Act operates a motor vehicle that is not equipped with an ignition interlock device, the person is guilty of a Class 1 misdemeanor; and the court shall revoke the person's driving privilege for any purpose for a period of not less than one year.

    Section 5. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

    No person may knowingly circumvent the operation of an ignition interlock device. Any violation of this section is a Class 1 misdemeanor.

    Section 6. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:


    No person may knowingly assist a person who is restricted to the use of an ignition interlock device to start and operate a motor vehicle pursuant to section 2 of this Act. Any violation of this section is a Class 1 misdemeanor. This section does not apply if the starting of a motor vehicle is done for the purpose of safety or mechanical repair of the device or the vehicle and if the person subject to the restriction does not operate the vehicle."

    Which motion lost.

    The question being "Shall SB 33 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Brown; 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

    Excused:
Bradford; Buhl

    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 43: FOR AN ACT ENTITLED, An Act to revise certain health insurance standards for patient protection.

    Was read the second time.

43jb

    Sen. Nelson moved that SB 43 be further amended as follows:

    On page 13, after line 15 of the Senate Commerce and Energy Committee engrossed bill, insert:

    "Section 19. The provisions of this Act are repealed if the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) is found to be unconstitutional in its entirety by a final decision of a federal court of competent jurisdiction and all appeals exhausted or time for appeals elapsed."

    Which motion prevailed.


    The question being "Shall SB 43 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; 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

    Excused:
Buhl

    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 70: FOR AN ACT ENTITLED, An Act to prohibit the creation of private transfer fee obligations and to require certain procedures for notice and disclosure for existing private transfer fee obligations.

    Was read the second time.

    The question being "Shall SB 70 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
Adelstein; 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

    Nays:
Begalka

    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 72: FOR AN ACT ENTITLED, An Act to revise how certain kindergarten students are counted for the purpose of state aid to education funding, to establish in statute the minimum number of hours required in a school term for grades one through three, and to provide for the redistribution of certain funds appropriated for state aid to education.



    Was read the second time.

    Sen. Gray moved that SB 72 be placed to follow SB 200 on today's calendar.

    Which motion prevailed.

    SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions.

    Was read the second time.

    The question being "Shall SB 93 pass?"

    And the roll being called:

    Yeas 29, Nays 6, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Brown; Cutler; 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; Tidemann; Tieszen

    Nays:
Bradford; Buhl; Frerichs; Hundstad; Sutton; 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 120: FOR AN ACT ENTITLED, An Act to revise the amount of compensation that water user district directors may receive.

    Was read the second time.

    The question being "Shall SB 120 pass?"

    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 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 122: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the expenditure of water user district funds.

    Was read the second time.

    The question being "Shall SB 122 pass?"

    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 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 137: FOR AN ACT ENTITLED, An Act to require school districts and regental institutions to adopt a policy prohibiting hazing.

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

    The question being "Shall SB 137 pass?"

    And the roll being called:

    Yeas 17, Nays 18, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Gray; Heineman; Holien; Hundstad; Lederman; Nygaard; Olson (Russell); Rave; Schlekeway; Sutton; Tidemann

    Nays:
Brown; Fryslie; Garnos; Hansen (Tom); Haverly; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Peters; Putnam; Rampelberg; Rhoden; 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 144: FOR AN ACT ENTITLED, An Act to establish dates to begin absentee voting for primary and general elections.

    Was read the second time.

    The question being "Shall SB 144 pass?"

    And the roll being called:

    Yeas 15, Nays 20, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Cutler; Gray; Haverly; Heineman; Holien; Kraus; Lederman; Novstrup (Al); Olson (Russell); Rave; Rhoden; Tieszen; Vehle

    Nays:
Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Hansen (Tom); Hundstad; Hunhoff (Jean); Johnston; Krebs; Maher; Nelson (Tom); Nygaard; Peters; Putnam; Rampelberg; Schlekeway; Sutton; Tidemann

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

    SB 7: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 7 pass?"

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

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

    Nays:
Gray; Maher; Olson (Russell); Vehle

    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 81: FOR AN ACT ENTITLED, An Act to require the Supreme Court to promulgate rules for parenting coordinators.

    Was read the second time.

    The question being "Shall SB 81 pass?"

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Hunhoff (Jean); 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 86: FOR AN ACT ENTITLED, An Act to establish reports on the price of government and to make the data available to the public.

    Was read the second time.

    The question being "Shall SB 86 pass?"

    And the roll being called:

    Yeas 20, Nays 15, Excused 0, Absent 0

    Yeas:
Adelstein; Cutler; Frerichs; Gray; Haverly; Heineman; Hundstad; Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Peters; Rampelberg; Sutton; Tieszen; Vehle

    Nays:
Begalka; Bradford; Brown; Buhl; Fryslie; Garnos; Hansen (Tom); Holien; Hunhoff (Jean); Olson (Russell); Putnam; Rave; Rhoden; Schlekeway; Tidemann

    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 139: FOR AN ACT ENTITLED, An Act to exempt from state regulation certain medical foster home care for veterans.

    Was read the second time.

    The question being "Shall SB 139 pass as amended?"

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

    Was read the second time.

    The question being "Shall SB 200 pass?"

    And the roll being called:

    Yeas 27, Nays 8, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Putnam; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen

    Nays:
Adelstein; Cutler; Haverly; Heineman; Olson (Russell); Peters; Rampelberg; 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.

    Sen. Olson moved that SB 72 and HB 1013, 1038, and 1042 be deferred to Tuesday, February 8, the 18th legislative day.

    Which motion prevailed.



SIGNING OF BILLS

    The President publicly read the title to

    HB 1004: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2010.

    HB 1017: FOR AN ACT ENTITLED, An Act to authorize the release of offender photographs and physical description for purposes of victim and community notification.

    HB 1018: FOR AN ACT ENTITLED, An Act to provide for a partial early final discharge from parole.

    HB 1019: FOR AN ACT ENTITLED, An Act to include employees responsible for persons on supervised release or probation and members of the Board of Pardons and Paroles in protections afforded law enforcement and judicial officers.

    HB 1020: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the disclosure of parole eligibility at sentencing.

    HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the inspection of parole files.

    And signed the same in the presence of the Senate.

    Sen. Kraus moved that the Senate do now adjourn, which motion prevailed and at 4:54 p.m. the Senate adjourned.

Trudy Evenstad, Secretary