JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 14, 2011

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

    The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of Allegiance led by Senate page Christina Drey.

    Roll Call: All members present except Sen. Krebs 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 twentieth 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 31, 2011

The Honorable Matt Michels
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 Kathryn Johnson, Pennington County, Hill City, South Dakota, to the State Board of Regents.

    This reappointment is effective immediately, and shall continue until March 31, 2017.

Sincerely,
Dennis Daugaard
Governor

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

                    
January 31, 2011

The Honorable Matt Michels
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 Harvey Jewett, Brown County, Aberdeen, South Dakota, to the State Board of Regents.

    This reappointment is effective immediately, and shall continue until March 31, 2017.

Sincerely,
Dennis Daugaard
Governor

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

January 31, 2011

The Honorable Matt Michels
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 appointed Julie A. Mathiesen, Meade County, Sturgis, South Dakota, to the South Dakota Board of Education.

    This appointment is effective January 28, 2011, and shall continue until December 31, 2012.

Sincerely,
Dennis Daugaard
Governor

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

                    
February 2, 2011

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Scott A. Vance, Meade County, Faith, South Dakota, to the State Brand Board.

    This appointment is effective February 1, 2011, and shall continue until January 6, 2014.

Sincerely,
Dennis Daugaard
Governor

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

February 7, 2011

The Honorable Matt Michels
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 reappointed Barry Jensen, Mellette County, White River, South Dakota, to the Game, Fish and Parks Commission.

    This reappointment is effective immediately, and shall continue until January 10, 2015.

Sincerely,
Dennis Daugaard
Governor

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

February 7, 2011

The Honorable Matt Michels
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 Catherine M. Peterson, McCook County, Salem, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective February 7, 2011, and shall continue until January 10, 2015.

Sincerely,
Dennis Daugaard
Governor

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


February 11, 2011

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 10, 2011, I approved Senate Bills 14, 16, and 50, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 98 and returns the same with the recommendation that said bill be amended as follows:

98fa

    On page 1 of the printed bill, remove the overstrikes from line 7.

    On page 1, delete line 8, and insert "of employing a city manager, the governing body shall call an election for that purpose to be".

    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 155 which was tabled.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 131 and 198 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair
Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 74, which was removed from the table, and 145 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill be amended as follows:

193fb

    On page 1 of the printed bill, delete lines 6 to 15, inclusive, and insert:

    "Notwithstanding the provisions of § 35-4-11.1, each county may issue a hunting preserve facility on-sale license to any facility that has a shooting preserve operating permit issued pursuant to chapter 41-10 and a license issued by the Department of Health pursuant to chapter 34-18. The licensee may only sell alcoholic beverages during the shooting preserve season for consumption on the licensed premises to a guest as part of a hunting or shooting rental package for use of the shooting preserve's facilities and services. The licensee may not offer any alcoholic beverages for retail sale to other members of the general public. The facility shall have rooms that are suitable for lodging to host guests and equipment and seating for the preparation and serving of food for consumption on the premises. For the purposes of this section, the term, premises, means the same facility which is also licensed by the Department of Health pursuant to chapter 34-18. The license fee shall be five hundred dollars per season. The renewal fee shall be five hundred dollars per season. Any license issued pursuant to this section may not be transferred to a different location."


    On page 2, delete line 1.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career Service Commission 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 Barbara Christianson of Pennington County, Rapid City, South Dakota, to the Career Service Commission 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 82 and 138 which were tabled.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1015 and 1045 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 127 and HB 1052 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 18 was delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 14, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1234 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1029.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Peters moved that the Committee on Commerce and Energy be instructed to deliver SB 87 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was supported.

    HCR 1005: A CONCURRENT RESOLUTION, Expressing support for raising public awareness of the disease of lupus.

    Was read the first time, the President waived the referral to committee, and placed HCR 1005 on the calendar of Tuesday, February 15, the 22nd legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on SB 77 as found on page 395 of the Senate Journal; also

    Appropriations on SB 168 as found on page 396 of the Senate Journal be adopted.


    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Raymond Wahle of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Energy Infrastructure Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of Raymond Wahle pursuant to the executive message as found on page 264 of the Senate Journal?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Krebs; Peters

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

    The Senate proceeded to the consideration of the executive appointment of Alicia Y. Alvarez of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Alicia Y. Alvarez pursuant to the executive message as found on page 268 of the Senate Journal?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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


    Excused:
Hundstad; Krebs

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

    The Senate proceeded to the consideration of the executive appointment of Loren McManus of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    The question being "Does the Senate advise and consent to the executive appointment of Loren McManus pursuant to the executive message as found on page 267 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; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Krebs

    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 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports to be made to the Board of Economic Development.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Novstrup requested that HB 1001 be removed from the Consent Calendar.

    HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to private shooting preserves.

    Was read the second time.

    The question being "Shall HB 1005 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

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

    Was read the second time.

    The question being "Shall HB 1006 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

    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 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how South Dakota Retirement System survivor benefits and disability benefits are handled in regard to children.

    Was read the second time.

    The question being "Shall HB 1023 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

    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 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vacancies on the Board of Trustees of the South Dakota Retirement System.

    Was read the second time.

    The question being "Shall HB 1024 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

    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 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual financial reports of school districts are considered past due.

    Was read the second time.

    The question being "Shall HB 1080 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

    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 126, 184, 186, 189, and 192 and HB 1022, 1034, and 1070 be deferred to Tuesday, February 15, the 22nd legislative day.

    Which motion prevailed.

    SB 132: FOR AN ACT ENTITLED, An Act to provide the right of first refusal to construct and own electric transmission lines to incumbent electric utilities.

    Was read the second time.

132jd

    Sen. Rave moved that SB 132 be further amended as follows:

    On page 2, line 9, of the Senate Commerce and Energy Engrossed bill, after "." insert "Within eighteen months after the notice, the incumbent electric transmission owner shall file an application for a permit in accordance with chapter 49-41B."

    Which motion prevailed.
    The question being "Shall SB 132 pass as amended?"

    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; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Frerichs

    Excused:
Krebs

    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 151: FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions of massage therapy licensure.

    Was read the second time.

    The question being "Shall SB 151 pass?"

    And the roll being called:

    Yeas 19, Nays 15, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Gray; Heineman; Hundstad; Kraus; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden; Schlekeway; Tieszen

    Nays:
Brown; Cutler; Fryslie; Garnos; Hansen (Tom); Haverly; Holien; Hunhoff (Jean); Johnston; Maher; Peters; Putnam; Sutton; Tidemann; Vehle

    Excused:
Krebs

    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 153: FOR AN ACT ENTITLED, An Act to revise fees for resident nurserymen and nursery stock dealers.

    Was read the second time.

    The question being "Shall SB 153 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

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

    Was read the second time.

    The question being "Shall SB 194 pass?"

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

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

    Nays:
Bradford; Kraus; Peters; Tidemann

    Excused:
Krebs

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

    Was read the second time.

    The question being "Shall SB 196 pass?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

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

    Nays:
Kraus

    Excused:
Krebs

    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 96: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents filed with the county register of deeds.

    Was read the second time.

96fc

    Sen. Maher moved that SB 96 be further amended as follows:

    On page 1, line 10, of the Senate Local Government Committee engrossed bill, delete "twenty-five" and insert "thirty".

    On page 1, line 11, delete "twenty" and insert "one hundred".

    On page 1, line 12, delete "twenty" and insert "one hundred".

    Which motion prevailed.

    The question being "Shall SB 96 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 3, Excused 1, Absent 0

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

    Nays:
Brown; Nygaard; Tieszen

    Excused:
Krebs

    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 167: FOR AN ACT ENTITLED, An Act to repeal certain sales and use tax exemptions.

    Was read the second time.

167fd

    Sen. Nygaard moved that SB 167 be further amended as follows:

    On page 2 of the Senate Taxation Committee engrossed bill, delete lines 5 to 11, inclusive.

    Which motion prevailed.

167ja

    Sen. Begalka moved that SB 167 be further amended as follows:

    On page 1 of the Senate Taxation Committee engrossed bill, delete lines 3 to 10, inclusive.

    On page 2, delete lines 5 to 19, inclusive.

    Which motion lost.

    The question being "Shall SB 167 pass as amended?"

    And the roll being called:

    Yeas 15, Nays 19, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Fryslie; Hundstad; Kraus; Lederman; Maher; Nygaard; Peters; Schlekeway; Sutton; Tieszen

    Nays:
Brown; Cutler; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Nelson (Tom); Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Tidemann; Vehle

    Excused:
Krebs

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

    Sen. Nygaard announced his intention to reconsider the vote by which SB 167 lost.

    SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes against minors be suppressed under certain conditions.

    The question being "Shall SB 173 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Krebs

    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.

COMMEMORATIONS

    SC 10 Introduced by: Senator Hansen (Tom) and Representatives White and Gibson

        A LEGISLATIVE COMMEMORATION, Honoring Reverend William M. Pfautz on the seventieth anniversary of his ordination.

    WHEREAS, in 1941, Reverend William M. Pfautz received his Masters of Divinity degree from McCormick Theological Seminary in Chicago and was awarded a Doctorate in Divinity from the College of Emporia; and

    WHEREAS, Reverend William M. Pfautz served as chaplain in the 106th Infantry Division, one of the first outfits to be hit by the Germans in the Battle of the Bulge, in the United States Army during World War II; and

    WHEREAS, for thirty-two years, Reverend William M. Pfautz served pastorates in Kansas, Iowa, and Illinois, as well as part-time interim pastor at Trinity Presbyterian Church in Bethesda, Maryland, before moving to Huron, South Dakota, where he preached in churches of various denominations throughout eastern South Dakota; and

    WHEREAS, Reverend William M. Pfautz served his denomination by membership of the Presbytery's Permanent Judicial Commission June 17, 1988 through June 24, 1994, Presbytery's Administrative Review Committee June 24, 1995 through June 27, 1998, and Presbytery's Council June 27, 1998 through June 27, 2001, and has been a mentor in the Lay Preachers Training Program of South Dakota Presbytery:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Reverend William M. Pfautz be honored on the seventieth anniversary of his ordination.

SIGNING OF BILLS

    The President publicly read the title 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.

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

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

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

    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.

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

    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.

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

    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.

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

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

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

    And signed the same in the presence of the Senate.

    Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at 3:57 p.m. the Senate adjourned.

Trudy Evenstad, Secretary