JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION




TWENTY-SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 23, 2011

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

    The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of Allegiance led by Senate page Victoria Kinkler.

    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 twenty-fifth 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 person:

            Page _ Kaitlynn Wornson

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

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 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Paul R. Christen, Beadle County, Huron, South Dakota, to the South Dakota Science and Technology Authority.

    This appointment is effective January 31, 2011, and shall continue until August 8, 2016.

Sincerely,
Dennis Daugaard
Governor

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

February 22, 2011

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 22, 2011, I approved Senate Bill 5 and the same has 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 HB 1094 and 1119 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 HB 1081, 1092, 1099, and 1162 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 Local Government respectfully reports that it has had under consideration HB 1173 and returns the same with the recommendation that said bill be amended as follows:

1173fc

    On page 1, line 6, of the House State Affairs Committee engrossed bill, after "state" insert "in writing or by telephone or electronic mail".

    And that as so amended said bill do pass.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1216 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 HB 1085 and returns the same with the recommendation that said bill be amended as follows:

1085fb

    On page 2 of the House Commerce and Energy Committee engrossed bill, delete line 9.

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1146 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 HCR 1004 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Elizabeth Kraus, Vice Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 19 and 42 were delivered to his Excellency, the Governor, for his approval at 9:47 a.m., February 23, 2011.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 40 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1079, 1093, 1104, 1110, 1113, 1155, 1157, 1179, 1194, 1208, 1217, 1229, 1231, and 1232 which have passed the House and your favorable consideration is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 40 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1007: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as observer in the International Civil Aviation Organization and United Nations Framework Convention on Climate Change.

    Was read the second time.

    Sen. Peters moved that the Senate do concur in HCR 1007 as found on page 418 of the House Journal.

    The question being on Sen. Peters' motion that the Senate do concur in HCR 1007.

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Hansen (Tom); Haverly; Heineman; 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:
Nygaard

    Excused:
Garnos; Gray; Holien

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

    HCR 1008: A CONCURRENT RESOLUTION, Expressing opposition to the U.S. Army Corps of Engineers' proposal to levy fees for the storage of water in the Missouri River reservoirs.

    Was read the second time.


    Sen. Adelstein moved that the Senate do concur in HCR 1008 as found on page 419 of the House Journal.

    The question being on Sen. Adelstein's motion that the Senate do concur in HCR 1008.

    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 HCR 1008 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on SB 133 as found on page 476 of the Senate Journal; also

    Education on SB 149 as found on page 477 of the Senate Journal; also

    Judiciary on SB 164 as found on page 478 of the Senate Journal; also

    Judiciary on SB 178 as found on page 478 of the Senate Journal; also

    Appropriations on SB 190 as found on page 474 of the Senate Journal; also

    Appropriations on SB 191 as found on page 475 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Walter Bones of Turner County, Chancellor, South Dakota, as Secretary of the Department of Agriculture.

    The question being "Does the Senate advise and consent to the executive appointment of Walter Bones pursuant to the executive message as found on page 260 of the Senate Journal?"


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Adelstein; Lederman

    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 reappointment of Pamela Roberts of Hughes County, Pierre, South Dakota, as Secretary of the Department of Labor.

    The question being "Does the Senate advise and consent to the executive reappointment of Pamela Roberts pursuant to the executive message as found on page 260 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; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman

    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 1079: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the purchase of firearms by out-of-state residents.

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



    HB 1093: FOR AN ACT ENTITLED, An Act to repeal certain education mandates to allow the institutions under the control of the Board of Regents to operate more economically.

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

    HB 1104: FOR AN ACT ENTITLED, An Act to revise the deadline for withdrawing from a primary election.

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

    HB 1110: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

    HB 1113: FOR AN ACT ENTITLED, An Act to affect medical services.

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

    HB 1155: FOR AN ACT ENTITLED, An Act to revise various trust provisions.

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

    HB 1157: FOR AN ACT ENTITLED, An Act to revise the rate of the insurance company premium and annuity taxes applied to court appearance bonds and to establish an annual fee for certificate of authority for domestic insurers issuing court appearance bonds.

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

    HB 1179: FOR AN ACT ENTITLED, An Act to permit local political subdivisions with volunteer advanced life support personnel to establish deferred compensation plans.

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

    HB 1194: FOR AN ACT ENTITLED, An Act to establish the State of South Dakota endowment fund.

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


    HB 1208: FOR AN ACT ENTITLED, An Act to repeal certain education mandates to enable the public school system to operate more economically, and to allow parents the option to receive certain notices from public schools via electronic mail.

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

    HB 1217: FOR AN ACT ENTITLED, An Act to establish certain legislative findings pertaining to the decision of a pregnant mother considering termination of her relationship with her child by an abortion, to establish certain procedures to better insure that such decisions are voluntary, uncoerced, and informed, and to revise certain causes of action for professional negligence relating to performance of an abortion.

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

    HB 1229: FOR AN ACT ENTITLED, An Act to repeal the requirement for a school district with an enrollment of one hundred or fewer students to reorganize.

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

    HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to appropriate the proceeds to the revolving economic development and initiative fund, and to revise certain provisions relating to the sale of certain surplus property.

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

    HB 1232: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to provide for the deposit of the proceeds, and to revise certain provisions relating to the sale of certain surplus property.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 126: FOR AN ACT ENTITLED, An Act to stabilize the funding of the state aid to education formula for two years by appropriating money from the education enhancement trust fund and borrowing money from certain school districts, to create the education stabilization fund, and to prohibit school districts from imposing an excess tax levy for two years.

    Was read the second time.


126cc

    Sen. Johnston moved that SB 126 be amended as follows:

    On page 1 of the printed bill, delete lines 10 to 13, inclusive, and insert:

    "Section 2. That § 4-5-29.2 be amended to read as follows:

    4-5-29.2. Pursuant to S.D. Const., Art. XII, § 6, the state investment officer shall determine the market value of the education enhancement trust fund as of December 31, 2003, and each calendar year thereafter less the investment expenses transferred pursuant to § 4-5-30. The state investment officer shall calculate an amount equal to four percent of that market value, without invading principal, as eligible for distribution, provided, however, that for the distribution in fiscal year 2012, an additional twenty million dollars shall be added to the amount otherwise calculated by the state investment officer. For the purpose of this section, the term, principal, means the sum of all contributions to the fund. Beginning with the distribution in fiscal year 2008, the market value shall be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of that amount by the state investment officer, the state treasurer shall transfer the amount from the education enhancement trust fund to the state general fund as soon as practicable after July first of the next fiscal year. "


    Which motion lost.

    The question being "Shall SB 126 pass?"

    And the roll being called:

    Yeas 11, Nays 24, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Garnos; Hundstad; Johnston; Krebs; Lederman; Sutton

    Nays:
Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen; Vehle

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

    SB 152: FOR AN ACT ENTITLED, An Act to require that any reduction in the general fund levies of a school district only account for increases in the taxable valuation of property and to revise the property tax levies for the general fund of a school district.


    Was read the second time.
152fc

    Sen. Rhoden moved that SB 152 be amended as follows:

    On page 1 of the printed bill, delete lines 5 to 11, inclusive, and insert:

    "Section 1. That § 13-13-72 be amended to read as follows:

    13-13-72. It is the policy of the Legislature that the appropriation for the state aid to education foundation program increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. For school fiscal year 2012, it is the policy of Legislature that the relative proportion of the total local need paid by state aid shall be amended by adjusting the proportion of state aid to fifty-three and eight-tenths percent of the total local need. However, the increase in the per student allocation on an annual basis that exceeds three percent shall be paid solely by the state and is not a factor in this policy.

    Section 2. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

            (4)    "Per student allocation, "for school fiscal year 2011 is $4,804.60 2012 is $4,494.28. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor; ".

    On page 2, line 2, delete "forty-nine forty-eight" and insert "forty-nine".

    On page 2, line 7, delete "fifty-four and four tenths" and insert "and four tenths forty-seven and eight tenths".

    On page 2, line 12, delete "ninety-" and insert "ninety-".

    On page 2, line 13, delete "six ninety-five" and insert "six".

    Sen. Rhoden requested a roll call vote.

    Which request was supported.

    The question being on Sen. Rhoden's motion that SB 152 be amended (152fc).

    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 present, the President declared the motion carried.

152tb

    Sen. Brown moved that SB 152 be further amended as follows:

    On page 1, after line 11 of the printed bill, insert:

    "Section 2.That § 13-13-72.1 be amended to read as follows:

    13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. However, for fiscal year 2013 and each year thereafter, if the levies specified in § 10-12-42 are not adjusted to maintain this relationship, the per student allocation as defined in § 13-13-10.1(4) shall be reduced to maintain the relationship between statewide local effort as a percentage of statewide local need. Any adjustment to the levy for agricultural property shall be based upon the change in the statewide agricultural taxable valuation and the reclassification of agricultural property to another property classification. Any adjustment to the levies for nonagricultural property and owner-occupied single-family dwellings shall be based upon the change in the statewide nonagricultural property and owner-occupied single-family dwellings taxable valuations. However, if any new project with a total taxable valuation of one hundred fifty million dollars or more is constructed, the levies shall be proportionately decreased for agricultural property, nonagricultural property, and owner-occupied single-family dwellings. In addition to the adjustments in the levies provided by this section, the levies shall also be annually adjusted as necessary to reduce the portion of local need paid by local effort by an amount equal to nine million dollars from those funds transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007. In addition to the adjustments in the levies provided by this section, the levies for nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as necessary to account for the additional increase in the total assessed value for nonagricultural property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of the provisions provided in § 10-6-74. "


    Which motion prevailed.

    The question being "Shall SB 152 pass as amended?"

    And the roll being called:

    Yeas 28, Nays 7, Excused 0, Absent 0


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

    Nays:
Brown; Buhl; Haverly; Heineman; Kraus; Novstrup (Al); Peters

    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 133: FOR AN ACT ENTITLED, An Act to change the day of the month on which state aid to general education payments are made to school districts, and to provide for the redistribution of certain funds appropriated for state aid to education.

    Was read the second time.

    The question being "Shall SB 133 pass as amended?"

    And the roll being called:

    Yeas 26, Nays 9, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tieszen; Vehle

    Nays:
Brown; Haverly; Heineman; Kraus; Novstrup (Al); Olson (Russell); Peters; Rhoden; Tidemann

    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 141: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

    Was read the second time.

    The question being "Shall SB 141 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 1, 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; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Gray

    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 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.

    Was read the second time.

149je

    Sen. Schlekeway moved that SB 149 be further amended as follows:

    On page 3, after line 11 of the Senate Education Committee engrossed bill, insert:

    "Section 6. That chapter 13-36 be amended by adding thereto a NEW SECTION to read as follows:

    This Act does not create any liability for, or create any cause of legal action against, a school, a school district, or any officer or employee of a school or school district.".

    Which motion prevailed.

    The question being "Shall SB 149 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 4, 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; Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Maher; Nelson (Tom); Peters; Rhoden


    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 156: FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized aliens, and to provide penalties therefor.

    Was read the second time.

    Sen. Olson moved the previous question.

    Which motion prevailed.

    The question being "Shall SB 156 pass as amended?"

    And the roll being called:

    Yeas 23, Nays 12, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Gray; Haverly; Heineman; Holien; Johnston; Kraus; Krebs; Lederman; Maher; Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rhoden; Schlekeway; Tieszen; Vehle

    Nays:
Bradford; Buhl; Frerichs; Hansen (Tom); Hundstad; Hunhoff (Jean); Nelson (Tom); Nygaard; Peters; Rave; Sutton; 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 161: FOR AN ACT ENTITLED, An Act to prohibit certain unfair or discriminatory practices based on veteran or military status.

    Was read the second time.

    The question being "Shall SB 161 pass as amended?"

    And the roll being called:

    Yeas 9, Nays 25, Excused 1, Absent 0

    Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Hundstad; Peters; Sutton; Vehle


    Nays:
Begalka; Brown; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen

    Excused:
Putnam

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

    SB 164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of traffic on municipal streets.

    Was read the second time.

    The question being "Shall SB 164 pass as amended?"

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Brown; Buhl; Fryslie; Gray; Hansen (Tom); Haverly; Holien; Hunhoff (Jean); Johnston; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Rampelberg; Rhoden; Tidemann; Tieszen

    Nays:
Bradford; Cutler; Frerichs; Garnos; Heineman; Hundstad; Kraus; Krebs; Maher; Putnam; Rave; Schlekeway; 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 172: FOR AN ACT ENTITLED, An Act to reduce the interest rate applied for certain judgements, liens, and damages.

    Was read the second time.

    The question being "Shall SB 172 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0


    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; 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:
Garnos

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

    Was read the second time.

    The question being "Shall SB 178 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 1, 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); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Peters

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

    Was read the second time.

185cb

    Sen. Brown moved that SB 185 be amended as follows:

    On page 1, line 7, of the printed bill, overstrike "kindergarten through".


    Which motion prevailed.
185tb

    Sen. Brown moved that SB 185 be further amended as follows:

    On page 4, after line 22 of the printed bill, insert:

    "Section 2. That § 13-13-72.1 be amended to read as follows:

    13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13-13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. However, for fiscal year 2013 and each year thereafter, if the levies specified in § 10-12-42 are not adjusted to maintain this relationship, the per student allocation as defined in subdivision 13-13-10.1(4) shall be reduced to maintain the relationship between statewide local effort as a percentage of statewide local need. Any adjustment to the levy for agricultural property shall be based upon the change in the statewide agricultural taxable valuation and the reclassification of agricultural property to another property classification. Any adjustment to the levies for nonagricultural property and owner-occupied single-family dwellings shall be based upon the change in the statewide nonagricultural property and owner-occupied single-family dwellings taxable valuations. However, if any new project with a total taxable valuation of one hundred fifty million dollars or more is constructed, the levies shall be proportionately decreased for agricultural property, nonagricultural property, and owner-occupied single-family dwellings. In addition to the adjustments in the levies provided by this section, the levies shall also be annually adjusted as necessary to reduce the portion of local need paid by local effort by an amount equal to nine million dollars from those funds transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007. In addition to the adjustments in the levies provided by this section, the levies for nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as necessary to account for the additional increase in the total assessed value for nonagricultural property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of the provisions provided in § 10-6-74. "


    Which motion prevailed.

    The question being "Shall SB 185 pass as amended?"

    And the roll being called:

    Yeas 22, Nays 13, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Fryslie; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Tidemann; Tieszen; Vehle


    Nays:
Adelstein; Begalka; Buhl; Cutler; Frerichs; Garnos; Gray; Hundstad; Johnston; Maher; Rhoden; Schlekeway; Sutton

    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.

185tta

    Sen. Brown moved that the title to SB 185 be amended as follows:

    On page 1, line 1, of the printed bill, after "revise" insert "and provide for the adjustment of".

    Which motion prevailed.

    SB 190: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2011.

    Was read the second time.

    The question being "Shall SB 190 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 191: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for the sales tax on food refund program.

    Was read the second time.

191fa

    Sen. Brown moved that SB 191 be further amended as follows:

    On the Senate Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 28-1-71 be amended to read as follows:

    28-1-71. To be eligible for the sales tax on food refund program, a person shall:

            (1)    Be a South Dakota resident;

            (2)    Be the head of the household and certify the number of persons in the household;

            (3)    Have countable income above one hundred thirty percent and below one hundred fifty-one percent of the federal poverty level, as updated annually by the Department of Social Services in administrative rules promulgated pursuant to chapter 1-26;

            (4)    Not be a current recipient of food stamp supplemental nutrition assistance program benefits.

    Section 2. That § 28-1-73 be amended to read as follows:

    28-1-73. To receive sales tax on food refunds pursuant to §§ 28-1-70 to 28-1-77, inclusive, a household shall:

            (1)    Apply apply for a quarterly an annual refund on forms prescribed by the Department of Social Services using the prior three month periods's income;

            (2)    Certify that any refund received will only be used to purchase food as defined in §§ 10-45-1 and 10-46-1; and

            (3)    Report quarterly on forms prescribed by the Department of Social Services to continue eligibility for a refund.

    Section 3. That § 28-1-74 be repealed.

    28-1-74. At the time in which a household has been accepted into the sales tax on food refund program, the household is entitled to a quarterly refund of the estimated amount of sales tax on food paid as determined in § 28-1-75.

    Section 4. That § 28-1-75 be amended to read as follows:

    28-1-75. The estimate of sales tax on food paid or refund awarded under this program shall be determined based on:

            (1)    The thrifty food plan as adopted and updated annually in administrative rules promulgated by the Department of Social Services pursuant to chapter 1-26; and

            (2)    The number of individuals in the household.

    A monthly allotment shall be determined based on the thrifty food plan's maximum allotment and the corresponding number of individuals in the household. Once the monthly allotment is determined, it shall be annualized and multiplied by the average sales tax rate in South Dakota as determined by the Department of Revenue and Regulation. This shall be the annual level of refund eligible for the household. The annual refund shall be converted to a quarterly refund. This shall be the amount of eligible refund to the household.

    Section 5. That § 28-1-76 be repealed.

    28-1-76. If a household is a participant in the food stamp program administered by the Department of Social Services under chapter 28-12 for any of the period in which a refund is computed under § 28-1-75, those food stamp benefits shall be deducted from any refund received under the provisions of §§ 28-1-70 to 28-1-77, inclusive.

    Section 6. That § 28-1-77 be amended to read as follows:

    28-1-77. The method of payment utilized to make payments authorized by §§ 28-1-70 to 28-1-77, inclusive, shall be made by electronic debit card or by paper warrant. "


    Which motion prevailed.

    The question being "Shall SB 191 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; 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:
Bradford

    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.

191fta

    Sen. Brown moved that the title to SB 191 be amended as follows:


    On page 1, line 1, of the Senate Appropriations Committee engrossed bill, delete "repeal" and insert "revise".

    Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    Sen. Olson moved that HB 1002, 1041, 1044, 1045, 1070, 1118, 1133, and 1175 be deferred to Thursday, February 24, the 27th legislative day.

    Which motion prevailed.

COMMEMORATION

    SC 14 Introduced by: Senators Schlekeway, Heineman, and Johnston and Representatives Steele, Hubbel, Wick, Willadsen, and Wink

        A LEGISLATIVE COMMEMORATION, Honoring the Sioux Falls O'Gorman High School Boys' Basketball Team, its coaches, and student managers for their 2010 South Dakota State Class AA championship season.

    WHEREAS, the O'Gorman High School Knights Boys' Basketball Team worked and trained hard for their 2010 state championship season; and

    WHEREAS, the State Class AA Championship players are Keaton Moffitt, Conner Schaefbauer, Alex Robey, Zach Cole, Sterling Nielson, Tom Wilka, Trevor Hurley, Michael Hardie, Taylor Kneip, Sam Wallin, Sam Jacobsen, Zach Mount, Zach Bauman, Brad Entwistle, and Cedrick Lang; and

    WHEREAS, coach Derek Robey and assistant coaches Steve Krier, BJ Keppen, Joe Rutten, and Blake Bradfield directed the team with dedication and determination:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the O'Gorman High School Knights Boys' Basketball Team be honored for their 2010 South Dakota Class AA Boys Championship season.


SIGNING OF BILLS

    The President publicly read the title to

    SB 40: FOR AN ACT ENTITLED, An Act to provide that the uniform administration of certain state taxes apply to the telecommunications gross receipts tax and to limit the application of the uniform administration of certain state taxes.

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

    HB 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the appointment of municipal officers.

    And signed the same in the presence of the Senate.

    Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at 6:22 p.m. the Senate adjourned.

Trudy Evenstad, Secretary