Senate Journal 3/7/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

THIRTY-THIRD DAY

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

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

The prayer was offered by the Chaplain, Rev. Jenny Hollenbeck, followed by the Pledge of Allegiance led by Senate pages Sammi Nachtigal and Elizabeth Strohman.

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 thirty-second 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

March 3, 2011

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

Dear Mr. President and Members of the Senate:

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

This appointment is effective April 2, 2011.

Sincerely,
Dennis Daugaard
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1185 which was tabled.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1184, which was removed from the table, and returns the same without recommendation.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1079 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 State Affairs respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill be amended as follows:

1110me

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

"Section 1. There is hereby appropriated from the general fund the sum of one dollar ($1), or so much thereof as may be necessary, to the Department of Education for the purpose of a one-time payment to school districts.

Section 2. After July 1, 2011, the secretary of the Department of Education shall distribute the funds, on a one-time basis, appropriated by section 1 of this Act to school districts based on fall enrollment as defined in subdivision 13-13-10.1(2A) at the same time that foundation program state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41, inclusive.

Section 3. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."

1110mtd

On page 1, line 1, of the printed bill, delete everything after "to" and insert "appropriate funding for the purpose of a one-time increase in state aid to education."

On page 1, delete line 2.

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 HB 1243 which was tabled.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1108 and 1113 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 68, 76, 130, 132, 146, and 202 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 8, 10, 11, 12, 13, 20, 22, 32, 34, 36, 39, 43, 46, 51, 52, 64, 67, 69, 89, 94, 98, 103, 111, 113, 119, 120, 122, 125, 139, 147, 168, 184, 189, and 192 were delivered to his Excellency, the Governor, for his approval at 10:40 a.m., March 7, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 76, 132, and 202 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1248 and has appointed Reps. Lust, Turbiville, and Fargen as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

The President announced as such committee Sens. Olson, Nygaard, and Hundstad.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1008, 1174, and 1175.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Buhl moved that the Committee on Judiciary be instructed to deliver HB 1161 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion lost.

Sen. Krebs moved that the Senate do concur in House amendments to SB 77.

The question being on Sen. Krebs' motion that the Senate do concur in House amendments to SB 77.

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Adelstein; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Begalka; Bradford; Garnos; Heineman; Hundstad; Johnston; Novstrup (Al)

Excused:
Vehle

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

Sen. Cutler moved that the Senate do concur in House amendments to SB 80.

The question being on Sen. Cutler's motion that the Senate do concur in House amendments to SB 80.

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); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen

Excused:
Vehle

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

Sen. Lederman moved that the Senate do concur in House amendments to SB 109.

The question being on Sen. Lederman's motion that the Senate do concur in House amendments to SB 109.

And the roll being called:

Yeas 30, Nays 4, 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); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton

Nays:
Frerichs; Novstrup (Al); Tidemann; Tieszen

Excused:
Vehle

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

Sen. Adelstein moved that the Senate do concur in House amendments to SB 151.

The question being on Sen. Adelstein's motion that the Senate do concur in House amendments to SB 151.

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Brown; Holien; Hunhoff (Jean); Johnston; Peters; Putnam; Tidemann

Excused:
Vehle

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

Sen. Lederman moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and immediately considering a resolution relating to recidivism rates among juvenile offenders.

The question being on Sen. Lederman's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and immediately considering a resolution relating to recidivism rates among juvenile offenders.

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; Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann

Nays:
Bradford; Hunhoff (Jean); Peters; Tieszen

Excused:
Vehle

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

SCR 8 Introduced by: Senator Lederman and Representative Miller

A CONCURRENT RESOLUTION, Supporting and encouraging efforts by the South Dakota Department of Corrections to reduce recidivism rates among juvenile offenders and to promote community-based services for juvenile offenders in lieu of residential placement.

WHEREAS, from 2007 to 2008 in South Dakota the rate of recidivism for juveniles, or the percentage of youth who had successfully completed a residential program in the previous twelve months and were subsequently returned to a residential program, was forty-six percent; and

WHEREAS, removing juveniles from their families, homes, schools, and communities and placing them in residential programs is not always the most appropriate or effective criminal justice response, and in fact, removing such youth from a stable environment can be counterproductive; and

WHEREAS, South Dakota can learn from the example set in the state of Iowa, where thirty-four percent fewer youth have been placed in detention statewide since 2007 and the use of community-based alternatives to incarceration has increased through the state's effort to reform juvenile detention practices; and

WHEREAS, striking the right balance between the use of community-based treatments and incarceration is an important goal that must be met in South Dakota for the benefit of our state's youth:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature supports and encourages the efforts of the South Dakota Department of Corrections to reduce recidivism rates among juvenile offenders and to enhance the use of community-based alternatives to incarceration for juveniles.

Was read the first time, the President waived the referral to committee, and SCR 8 was up for immediate consideration.

SCR 8: A CONCURRENT RESOLUTION, Supporting and encouraging efforts by the South Dakota Department of Corrections to reduce recidivism rates among juvenile offenders and to promote community-based services for juvenile offenders in lieu of residential placement.

Was read the second time.

Sen. Lederman moved that SCR 8 as found on page 626 of the Senate Journal be adopted.

The question being on Sen. Lederman's motion that SCR 8 be adopted.

Sen. Gray moved as a substitute motion that SCR 8 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

Sen. Lederman moved that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and immediately considering a resolution relating to memorializing the Congress of the United States to balance the federal budget.

The question being on Sen. Lederman's motion that the rules be suspended for the sole purpose of introducing, giving first reading, dispensing with committee referral, and immediately considering a resolution relating to memorializing the Congress of the United States to balance the federal budget.

And the roll being called:

Yeas 33, Nays 1, Excused 1, 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; Vehle

Nays:
Tieszen

Excused:
Bradford

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

SCR 9 Introduced by: Senators Lederman, Buhl, Frerichs, Gray, Hundstad, and Olson (Russell) and Representatives Haggar and Bolin

A CONCURRENT RESOLUTION, Memorializing the Congress of the United States to balance the federal budget and hold itself to the same fiscal standards to which it expects its citizens to adhere.

WHEREAS, the current national debt has surpassed $14 trillion, a cost of over $45,000 for each man, woman, and child in the United States, and is growing at an alarming rate with experts predicting the addition of almost $4.5 trillion to the deficit from the years 2011 to 2015; and

WHEREAS, the 2010 national deficit is equal to 9.2 percent for 2010 of the country's entire economic output, the second largest percentage since World War II; and

WHEREAS, if the current budget projections come to pass, the national debt will exceed the current gross domestic product of the United States of $16.2 trillion by December of 2012; and

WHEREAS, the governance that authorized such debt and deficits has led to unfunded federal liabilities for Social Security and Medicare of more than $106 trillion as of December 2009, equal to $345,548 per American; and

WHEREAS, this spending has created national security concerns that the amount of funds paid by the federal government on debt interest alone in 2008, over $400 billion, was approximately ten times the amount of funds spent on the Department of Homeland Security that year; and

WHEREAS, equally as concerning, foreign nations owned approximately thirty percent of the federal debt in 2010 and are, therefore, in a unique position of authority with respect to the United States; and

WHEREAS, credit agencies have begun to warn that the nation may lose its AAA credit rating because of the size of these federal budget deficits which could potentially destabilize government finances and financial markets; and

WHEREAS, millions of people in this country have made difficult choices discerning between wants and needs and have taken the responsible steps to curb personal spending in these difficult economic times; and

WHEREAS, these difficult decisions need to be made in a way that causes minimal impact on low income families currently relying on federal services:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Congress of the United States is urged to balance the federal budget and hold itself to the same fiscal standards to which it expects its citizens to adhere.

Was read the first time and the President waived the referral to committee, and SCR 9 was up for immediate consideration.

SCR 9: A CONCURRENT RESOLUTION, Memorializing the Congress of the United States to balance the federal budget and hold itself to the same fiscal standards to which it expects its citizens to adhere.

Was read the second time.

Sen. Lederman moved that SCR 9 as found on page 628 of the Senate Journal be adopted.

The question being on Sen. Lederman's motion that SCR 9 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 9 was adopted.

Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1093 as found on page 607 of the Senate Journal; also

Appropriations on HB 1245 as found on page 609 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Debra Flute of Roberts County, South Dakota, to the Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the executive reappointment of Debra Flute pursuant to the executive message as found on page 532 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); Nygaard; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Olson (Russell)

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 Scott A. Vance of Meade County, Faith, South Dakota, to the State Brand Board.

The question being "Does the Senate advise and consent to the executive appointment of Scott A. Vance pursuant to the executive message as found on page 407 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); Nygaard; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Olson (Russell)

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 Catherine M. Peterson of McCook County, Salem, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of Catherine M. Peterson pursuant to the executive message as found on page 408 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); Nygaard; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Olson (Russell)

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

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall HB 1044 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Olson moved that HB 1194 and 1221 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1067 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Begalka

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

HB 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas citizens to vote in the state.

Was read the second time.

1130fa

Sen. Adelstein moved that HB 1130 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete all Senate State Affairs Committee amendments, thus restoring the bill to the House State Affairs Committee engrossed version.

Which motion prevailed.

The question being "Shall HB 1130 pass as amended?"

And the roll being called:

Yeas 28, Nays 7, Excused 0, Absent 0

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

Nays:
Brown; Garnos; Hunhoff (Jean); Maher; Peters; Putnam; 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.

HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency.

Was read the second time.

The question being "Shall HB 1148 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Buhl; Frerichs; Hundstad; Novstrup (Al)

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

Was read the second time.

The question being "Shall HB 1154 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1208: FOR AN ACT ENTITLED, An Act to require the Board of Education to promulgate rules providing for the training of school bus drivers, and to allow parents the option to receive certain notices from public schools via electronic mail.

Was read the second time.

1208ch

Sen. Garnos moved that HB 1208 be further amended as follows:

On page 1, after line 12 of the Senate Education Committee engrossed bill, insert:

"Section 3. That § 13-30-1 be amended to read as follows:

13-30-1. The following types of students who do not have access to bus service furnished by the school district to which they are assigned to and from school are entitled to a transportation or board and room allowance, provided in this chapter, paid by the district where the student has school residence or by the district where the student attends if the district is receiving tuition, regardless of the type or method of conveyance used for transportation:

            (1)    Any elementary student who attends an elementary school where the student is assigned and which is located more than five miles from the student's residence in either the same or any other school district;

            (2)    Any secondary student who attends a high school located in the same district where the student is a resident and is more than five miles from the student's residence, if the transportation of secondary students is authorized by the school district board;

            (3)    Any secondary student who resides in a district described in § 13-15-14 who attends a high school located more than five miles from the student's residence if the transportation of secondary students is authorized by the school district board.

A school district having a junior high school may provide mileage, bus service, or board and room for ninth grade junior high school students at the discretion of the school board. A school district choosing to provide transportation services to ninth grade junior high school students is not required, as a result of that choice, to provide these services to tenth, eleventh, or twelfth grade high school students. A school district may, at the discretion of the school board, provide a transportation allowance, as provided in § 13-30-3, to any student who does not have access to bus service furnished by the school district.

Section 4. That § 13-30-2 be repealed.

13-30-2. Elementary and secondary pupils who live within the incorporated limits of a first or second class municipality shall receive a transportation allowance only at the discretion of the school board.

Section 5. That § 13-30-3 be amended to read as follows:

13-30-3. The amount of the transportation allowance is the rate established pursuant to § 3-9-1 per family for distances actually traveled in excess of five miles each way. No mileage may be paid for extra trips to the schoolhouse which the school board does not consider necessary nor for more miles than would be traveled if the shortest distance measured from the place on a publicly used road nearest the dwelling house of the child to the schoolhouse site were traveled. If children from more than one family are transported in the same vehicle mileage payments ~~shall~~ may be paid to only one family. The school board may authorize additional miles if prior approval is obtained to facilitate cooperative efforts among families to share transportation duties. If children from more than one family are transported in a single vehicle, reimbursement shall be at rates established by the school board. However, the mileage reimbursement rate may not be less than the rate established pursuant to § 3-9-1. If, at the request of the parents, elementary children are assigned to a school that is further from the dwelling house than the nearest school, the board may limit the reimbursement to the mileage to the nearest school within the district. All claims for transportation allowance shall be filed with the school business manager not later than the close of the school fiscal year in which the travel for which reimbursement is sought actually occurred.

Section 6. That § 13-30-4 be amended to read as follows:

13-30-4. ~~When a student is entitled to a transportation allowance but transportation or bus service is not practicable, the school board shall~~ A school district may, at the discretion of the school board, pay room and board ~~in lieu of transportation~~ for those students who are boarded away from home to attend a public school at the rate per month as determined by the school board. However, any student who either attends, or is required under any provision of this title to attend at any school in his own district where dormitory facilities are furnished and available for him, shall not be entitled to any allowance for board and room. "

Which motion prevailed.

The question being "Shall HB 1208 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Olson (Russell); 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.

1208ctf

Sen. Garnos moved that the title to HB 1208 be amended as follows:

On page 1, line 2, of the Senate Education Committee engrossed bill, after "drivers," insert "to eliminate certain requirements regarding student transportation,".

Which motion prevailed.

HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four technical institutes.

Was read the second time.

The question being "Shall HB 1228 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.

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 second time.

The question being "Shall HB 1231 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Hundstad; Vehle

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

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 second time.

The question being "Shall HB 1232 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Hundstad

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 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 second time.

The question being "Shall HB 1234 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; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Hundstad

Excused:
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.

HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.

Was read the second time.

The question being "Shall HB 1240 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state.

Was read the second time.

The question being "Shall HB 1244 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Buhl; Frerichs; Garnos; Gray; Hundstad

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

Was read the second time.

1003oa

Sen. Brown moved that HB 1003 be amended as follows:

On page 2, line 10, of the printed bill, delete "unreasonable" and insert "more than nominal".

Which motion prevailed.

The question being "Shall HB 1003 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; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Maher

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.

1003ota

Sen. Brown moved that the title to HB 1003 be amended as follows:

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

Which motion prevailed.

HB 1087: FOR AN ACT ENTITLED, An Act to address comprehensibly the liability relationship between a trespasser and a person with a possessory interest in land.

Was read the second time.

The question being "Shall HB 1087 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Olson moved that HB 1141, 1145, 1219, 1235, 1242, and 1255 be deferred to Tuesday, March 8, the 34^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 68: FOR AN ACT ENTITLED, An Act to authorize investment of public funds in bonds issued by or direct obligations of certain political subdivisions or bonding authorities of the state.

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

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.

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.

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.

SB 202: FOR AN ACT ENTITLED, An Act to revise the State Workers' Compensation Advisory Council.

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

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

HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in highway rights-of-way.

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

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.

HB 1173: FOR AN ACT ENTITLED, An Act to require the person in charge of local elections to notify the secretary of state when the dates of elections have been set.

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

HB 1215: FOR AN ACT ENTITLED, An Act to repeal certain refund provisions of the motor fuel tax for certain nonhighway agricultural use of motor fuels and to provide for the distribution of such motor fuel tax.

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.

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of new or used vehicles and the sale of certain emergency vehicles.

And signed the same in the presence of the Senate.

Sen. Rampelberg moved that the Senate do now adjourn, which motion prevailed and at 4:24 p.m. the Senate adjourned.

Trudy Evenstad, Secretary