Senate Journal 2/9/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

NINETEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 9, 2011

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

The prayer was offered by the Chaplain, Rev. Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate pages Frankie Lux and Ashley Higdon.

Roll Call: All members present except Sen. Nygaard 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 eighteenth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 59 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 96 and returns the same with the recommendation that said bill be amended as follows:

96fb

On page 1 of the printed bill, delete lines 9 to 14, inclusive, and insert "~~considered as an additional page. If a~~ twenty-five dollars. For recording mortgages, the sum of sixty dollars. If a real estate document recorded with the register of deeds exceeds one hundred pages, the sum of two dollars for each page or fraction thereof exceeding one hundred pages. A real estate document recorded with the register of deeds ~~does not~~ shall conform to § 43-28-23~~, the sum of ten dollars shall be charged in addition to the fees specified in this subdivision~~. If the real estate document is not legible, the register of deeds may not record the document;".

On page 4, after line 9, insert:

"Section 7. That § 43-20-10 be amended to read as follows:

43-20-10. The register of deeds of the county in which the corner is located shall charge a recording fee ~~as set forth in subdivision 7-9-15(1) for the first page and two dollars for each additional page indexed~~ of ten dollars.

Section 8. That § 43-28-23 be amended to read as follows:

43-28-23. Any real estate document recorded with the register of deeds, except for plats, shall:

(1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document~~. Any continuous document or any document sheets that are stapled, glued, or bound together are subject to the additional fee established pursuant to subdivision 7-9-15(1)~~;

(2) Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type. However, dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items that are completed in blue ink are sufficiently dark to meet the requirements of subdivision (6);

(3) Be on white paper of not less than twenty pound weight;

(4) Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to § 7-9-1 and may include other document information. All other margins shall be a minimum of one inch;

(5) Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section; and

(6) Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction~~; and~~

~~(7) Conform to the standards provided in this section or be subject to the increased fees as provided in § 7-9-15~~.

However, the register of deeds may not charge an increased fee for any document that has any portion of a notary or corporate seal or stamp, a page number, an initial, or a partial signature in a margin. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.

The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002. "

96ta

On the previously adopted amendment (96fb), on the second line of the first paragraph, delete "sixty" and insert "twenty-five".

On the previously adopted amendment (96fb), on the third line of the first paragraph, delete "one hundred" and insert "twenty".

On the previously adopted amendment (96fb), on the fourth line of the first paragraph, delete "one hundred" and insert "twenty".

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 83 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 167, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

167fb

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

"Section 1. That § 10-45-14.2 be repealed.

~~10-45-14.2. Ink and newsprint when used in the production of shoppers' guides are hereby exempt from the tax imposed under this chapter.~~

For the purposes of this section the term, shoppers' guide, includes for numerous advertisers advertising publications whose advertisements are solicited from the general public and whose publications are for free distribution to the general public and are published regularly at least once a month, consisting of printed sheets containing advertising, bearing a date of issue, and devoted to advertising of general interest.

Section 2. That § 10-45-110 be repealed.

10-45-110. There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, gross receipts from the sale of coins, currency, or bullion. For the purposes of this section, the term, bullion, means any bar, ingot, or commemorative medallion of gold, silver, platinum, palladium, or a combination of these metals where the value of the metal depends on its content and not the form. For the purposes of this section, the terms, coins and currency, mean any coins or currency made of gold, silver, or other metal or paper which is or has been used as legal tender.

Section 3. That § 10-46-9 be amended to read as follows:

10-46-9. The use in this state of tangible personal property including containers, labels, and shipping case thereof which is intended shall, by means of fabrication, compounding or manufacture become a part of other tangible personal property intended to be sold ultimately at retail within or without the State of South Dakota, is hereby specifically exempted from the tax imposed by this chapter. The term, tangible personal property, shall be construed to include without limiting the meaning of ~~said~~ the term, raw material ~~and newspaper print~~.

Section 4. That § 10-46-9.1 be repealed.

~~10-46-9.1. Ink and newsprint when used in the production of shoppers' guides are hereby exempt from the tax imposed under this chapter.~~

For the purposes of this section the term, shoppers' guide, includes advertising publications whose advertisements are solicited from the general public and whose publications are for free distribution to the general public and are published regularly at least once a month, consisting of printed sheets containing advertising, bearing a date of issue, and devoted to advertising of general interest.

Section 5. That § 10-46-71 be repealed.

10-46-71. There are hereby specifically exempted from the provisions of this chapter and from the computation of the amount of tax imposed by it, gross receipts from the sale of coins, currency, or bullion. For the purposes of this section, the term, bullion, means any bar, ingot, or commemorative medallion of gold, silver, platinum, palladium, or a combination of these metals where the value of the metal depends on its content and not the form. For the purposes of this section, the terms, coins and currency, mean any coins or currency made of gold, silver, or other metal or paper which is or has been used as legal tender.

Section 6. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

There is hereby imposed a tax at the rate of four percent upon the gross receipts of any person from the engaging in the business of renting mini-storage units, self-storage units, or storage space.

Section 7. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:

An excise tax is hereby imposed on the privilege of the use of mini-storage units, self-storage units, or storage space in this state at the rate of four percent of the rental payments for use of the property."

167fc

On the previously adopted amendment (167fb), delete Sections 6 and 7.

167fta

On page 1, line 1, of the printed bill, delete everything after "sales" and insert "and use tax exemptions."

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Journal correction: See page 393 of the Senate Journal.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 99 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 177 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 194 and 196 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Stanley Porch of Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority 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 State Affairs respectfully reports that it has had under consideration the nomination of Mark Roby of Codington County, Watertown, South Dakota, to the South Dakota Ellsworth Development Authority 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 State Affairs respectfully reports that it has had under consideration SB 79 and 183 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 171 which was tabled.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 18 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1108, 1114, 1154, 1161, and 1162 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 5 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 10, the 20^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 132 as found on page 351 of the Senate Journal; also

Agriculture and Natural Resources on SB 153 as found on page 353 of the Senate Journal; also

Commerce and Energy on HB 1034 as found on page 351 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Timothy A. Reisch of Miner County, Howard, South Dakota, to the Secretary of the Department of Corrections.

The question being "Does the Senate advise and consent to the executive reappointment of Timothy A. Reisch pursuant to the executive message as found on page 258 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Nygaard

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1108: FOR AN ACT ENTITLED, An Act to revise certain provisions with regard to the rights of industrial and construction equipment dealers.

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

HB 1114: FOR AN ACT ENTITLED, An Act to revise the conditions under which contracts with local officials are permitted.

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

HB 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes involving domestic violence to support domestic violence programs.

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

HB 1161: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar speed detection systems and of certain photo monitoring devices to detect red light violations.

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

HB 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow a person in charge of election to use the state system.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 76: FOR AN ACT ENTITLED, An Act to exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.

Was read the second time.

The question being "Shall SB 76 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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 125: FOR AN ACT ENTITLED, An Act to revise the time period for computing unemployment insurance employer contribution rates.

Was read the second time.

The question being "Shall SB 125 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1010: FOR AN ACT ENTITLED, An Act to revise the definition of bulk pesticide.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 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 second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

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

Was read the second time.

The question being "Shall HB 1036 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain posting requirements relating to hunting in the Black Hills Fire Protection District.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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 71, 121, and 126 be deferred to Thursday, February 10, the 20^th legislative day.

Which motion prevailed.

Sen. Olson moved that SB 152 be deferred to Wednesday, February 16, the 23^rd legislative day.

Which motion prevailed.

SB 97: FOR AN ACT ENTITLED, An Act to revise the membership of certain local boards of equalization.

Was read the second time.

97tb

Sen. Krebs moved that SB 97 be further amended as follows:

On page 1, line 8, of the Senate Local Government Committee engrossed bill, after the first "each" insert "organized".

On page 1, line 8, delete the second "each" and insert "the".

On page 2, after line 5, insert:

The governing body of each municipality within the school district together with the school board may agree by resolution of their respective bodies to provide more or less members to the local board of equalization for the school district, or to meet at a location other than the school district office.

Section 2. That § 10-11-14 be amended to read as follows:

10-11-14. A quorum of a local board of equalization is a simple majority of the local board. A majority of the quorum present may act for the local board of equalization and may adjourn from day to day. They shall, within five consecutive days, complete the equalization. ~~School board members may participate and vote only in the equalization between property within the boundaries of their respective districts.~~ The municipal board members for a local board of

equalization for a school district may participate and vote only in the equalization between property within the boundaries of their municipalities.

Section 3. That chapter 10-11 be amended by adding thereto a NEW SECTION to read as follows:

A local board of equalization in any organized township shall hear all appeals arising in the township. A local board of equalization for a school district shall hear all appeals arising within any municipality within the school district."

Which motion prevailed.

The question being "Shall SB 97 pass as amended?"

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Frerichs; Hundstad; Krebs; Lederman; Nelson (Tom); Olson (Russell); Rave; Sutton; Tidemann; Tieszen; Vehle

Nays:
Adelstein; Brown; Buhl; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Maher; Novstrup (Al); Peters; Putnam; Rampelberg; Rhoden; Schlekeway

Excused:
Nygaard

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

SB 146: FOR AN ACT ENTITLED, An Act to require certain notice requirements for retailers that do not have nexus in South Dakota which are selling tangible personal property, services, or products transferred electronically for use in South Dakota.

Was read the second time.

The question being "Shall SB 146 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Hundstad

Excused:
Nygaard; Olson (Russell)

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

SB 147: FOR AN ACT ENTITLED, An Act to expand the application of nexus for the purpose of collecting sales and use taxes owed to the state.

Was read the second time.

The question being "Shall SB 147 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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 84: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding administrative penalties when filing campaign finance disclosure statements and to create the election education and compliance fund.

Was read the second time.

84tb

Sen. Hunhoff moved that SB 84 be further amended as follows:

On page 2 of the Senate Local Government Committee engrossed bill, delete lines 1 to 6, inclusive.

Which motion prevailed.

The question being "Shall SB 84 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

The question being on the title.

84tta

Sen. Hunhoff moved that the title to SB 84 be amended as follows:

On page 1, line 2, of the Senate Local Government Committee engrossed bill, delete everything after "statements" and insert ".".

On page 1, delete line 3.

Which motion prevailed.

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning special alcoholic beverage licenses issued in conjunction with special events.

Was read the second time.

103jb

Sen. Tidemann moved that SB 103 be further amended as follows:

On page 2, line 15, of the Senate Commerce and Energy Committee engrossed bill, delete "organization" and insert "person".

Which motion prevailed.

The question being "Shall SB 103 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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 109: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to promulgate rules concerning lobbyist registration fees, to impose a penalty for the failure to timely file lobbyist or lobbyist employer reports, to repeal certain provisions concerning lobbyists who fail to comply with certain requirements, and to create a technology fund.

Was read the second time.

109tc

Sen. Hunhoff moved that SB 109 be further amended as follows:

On page 1, line 11, of the Senate Local Government Committee engrossed bill, delete "first forty dollars of each".

On page 1, line 11, delete "Any".

On page 1, delete lines 12 and 13.

On page 2, line 21, delete "technology" and insert "general".

On page 3, delete lines 5 to 8, inclusive.

Which motion prevailed.

The question being "Shall SB 109 pass as amended?"

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Begalka; Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Lederman; Maher; Nelson (Tom); Olson (Russell); Peters; Putnam; Schlekeway; Vehle

Nays:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Garnos; Hundstad; Kraus; Krebs; Novstrup (Al); Rampelberg; Rave; Rhoden; Sutton; Tidemann; Tieszen

Excused:
Nygaard

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

The question being on the title.

109tta

Sen. Hunhoff moved that the title to SB 109 be amended as follows:

On page 1, line 3, of the Senate Local Government Committee engrossed bill, after "reports," insert "and".

On page 1, line 4, delete ", and to create a technology fund".

Which motion prevailed.

SB 130: FOR AN ACT ENTITLED, An Act to provide a procedure for the Secretary of State to conduct certain local elections when an emergency exists.

Was read the second time.

The question being "Shall SB 130 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1013: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of Examiners for Counselors and Marriage and Family Therapists.

Was read the second time.

The question being "Shall HB 1013 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1035: FOR AN ACT ENTITLED, An Act to revise the process for the collection of the annual insurance company examination assessment fee.

Was read the second time.

The question being "Shall HB 1035 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning certain fees for the electronic transmission of court records.

Was read the second time.

The question being "Shall HB 1038 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the assignment of a judgment.

Was read the second time.

The question being "Shall HB 1042 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1030: FOR AN ACT ENTITLED, An Act to revise the provisions relating to placement of surplus lines insurance and tax allocation of surplus lines insurance.

Was read the second time.

The question being "Shall HB 1030 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1009: FOR AN ACT ENTITLED, An Act to repeal the authority of the Department of Environment and Natural Resources to regulate public swimming places and bulk water haulers.

Was read the second time.

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Frerichs

Excused:
Nygaard

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

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain buyers, grain warehouses, and weighmasters.

Was read the second time.

The question being "Shall HB 1016 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxation of telecommunications companies.

Was read the second time.

The question being "Shall HB 1029 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Brown

Excused:
Nygaard

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

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

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Brown

Excused:
Nygaard

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.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a commercial driver license.

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

And signed the same in the presence of the Senate.

COMMEMORATION

SC 9 Introduced by: Senators Johnston, Adelstein, Begalka, Brown, Buhl, Cutler, Fryslie, Garnos, Hansen (Tom), Heineman, Holien, Hunhoff (Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Rampelberg, Rhoden, Schlekeway, Sutton, Tieszen, and Vehle and Representatives Solum, Blake, Bolin, Carson, Feinstein, Gibson, Haggar, Hubbel, Jensen, Jones, Kirkeby, Kirschman, Lucas, Miller, Novstrup (David), Rozum, Stricherz, Venner, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring Erin Williams of Watertown, South Dakota Girls State Governor, and Daniel Wanous of Sioux Falls, South Dakota Boys State Governor, and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.

WHEREAS, Erin Williams and Daniel Wanous have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

WHEREAS, the goals of Boys State and Girls State are to help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship, and to give better knowledge of the fundamental principles of government within the State of South Dakota through unique learn-by-doing workshops; and

WHEREAS, the South Dakota American Legion and Auxiliary have worked diligently for more than the last sixty years in conducting these fine programs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Erin Williams and Daniel Wanous be congratulated for their outstanding achievements; that appreciation be extended to those adults who donate time and energy to the programs; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys State and Girls State.

Sen. Lederman moved that the Senate do now adjourn, which motion prevailed and at 3:58 p.m. the Senate adjourned.

Trudy Evenstad, Secretary