JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION



SEVENTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 8, 2012

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

    The prayer was offered by the Chaplain, Fr. Kristopher Cowles, followed by the Pledge of Allegiance led by Senate page Haley Hohn.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the sixteenth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS


February 8, 2012

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 7, 2012, I approved Senate Bills 12 and 18, 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 HB 1088 and 1115 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 1076 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill be amended as follows:

75ta

    On page 1, line 15, of the printed bill, after "entity." Insert "This section does not apply to any record kept or maintained by the office of the county register of deeds or to any geographic information system (GIS) records kept or maintained by any governmental entity specified in this section."

75fb

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

    "Section 1. That § 1-27-1.2 be amended to read as follows:

    1-27-1.2. If a custodian of a public record of a county, municipality, political subdivision, or tax-supported district provides to a member of the public, upon request, a copy of the public record by transmitting it from a modem to an outside modem, a reasonable fee may be charged for such specialized service. Such fee may include a reasonable amount representing a portion of the amortization of the cost of computer equipment, including software, necessarily added in order to provide such specialized service. This section does not require a governmental entity to acquire computer capability to generate public records in a new or different form if that new form would require additional computer equipment or software not already possessed by the governmental entity.

    No fee may be charged for any minutes that were recorded in the last three years or for any accounting record in its original format. Any confidential information in the accounting record related to the payroll shall be redacted or password protected. "

    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 SB 157 and HB 1202 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill be amended as follows:

116ta

    On page 1 of the printed bill, delete line 11, and insert "of section line roads; judicially declared roads; roads impliedly accepted by the township through routine performance of certain maintenance activities, such as grading, graveling and snow removal, and accepting funds from the county pursuant to §§ 32-11-4.1, 32-11-6, and 32-22-35 for a period of at least fifteen years; and any other roads designated by".

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

Respectfully submitted,
Art Fryslie, Vice-Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 154 and 196 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 125 and returns the same with the recommendation that said bill be amended as follows:

125sc

    On page 1, line 7, of the printed bill, after "provider" delete "," and insert "or".

    On page 1, line 7, delete ", or a day care center".

    On page 1, line 8, delete "is out of compliance with" and insert "has a substantial violation of".

    On page 1, line 8, delete "Article".

    On page 1, line 9, delete "67:42" and insert "chapters 67:42:03 or 67:42:04 relating to staff to child ratios, qualifications, health, safety, sanitation, or nutrition,".

    On page 1, line 9, after "notice" insert ", within thirty days of the determination,".

    On page 1, line 12, delete everything after "corrected."

    On page 1, line 13, delete everything before "The".

    On page 2, line 2, after "." insert "The written notice of a determination may be sent by electronic mail."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 131 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1049 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 SB 174 and returns the same with the recommendation that said bill be amended as follows:

174fb

    On page 1 of the printed bill, delete lines 6 to 9, inclusive, and insert:

    "Section 1. That § 34-45-2 be amended to read as follows:

    34-45-2. The governing body of a public corporation may by ordinance authorize a 911 emergency reporting system. The ordinance shall include a description of the proposed 911 service area. If the governing body of a public agency had adopted an ordinance authorizing a 911 emergency reporting system which was in effect on January 1, 2012, the ordinance remains in effect for establishing such 911 service area unless amended or repealed by the public agency. Any provision in the ordinance establishing a surcharge is no longer in effect after July 1, 2012. "


    On page 3, delete lines 20 to 24, inclusive, and insert "Any entity required to collect and remit the surcharge imposed pursuant to § 34-45-4 or section 3 of this Act shall register with the Department of Revenue. There is no registration fee. A registration shall be made upon a form prescribed by the secretary of the Department of Revenue and shall set forth the name under which the applicant transacts or intends to transact business, the location of the place of business, and such other information as the secretary may require.

    The department shall issue an identification number to each applicant. This identification number is not assignable and is valid only for the entity to which it was issued. The identification number is valid until canceled or revoked."

    On page 4, delete lines 1 to 4, inclusive.

    On page 5, line 7, after "collect" insert "the surcharge".

    On page 5, line 19, delete "holds a license issued" and insert "is registered".

    On page 6, line 1, delete "premise" and insert "business premises".

    On page 7, line 8, after "remit" insert "each month".

    On page 7, line 10, after "." insert "The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the distribution."

    On page 7, line 13, delete "surcharges" and insert "surcharge".

    On page 7, line 14, after "into" insert "the".

    On page 8, line 5, after ";" insert "and".

    On page 8, delete lines 6 to 9, inclusive, and insert "(2) Transfer seventy-four percent of the money deposited in the fund to the South Dakota 911".

    On page 9, line 2, before "three" insert "first".

    On page 10, line 22, overstrike "A public safety answering point shall comply with ARSD 50:02:04:02(2)".

    On page 11, line 3, delete "by July 1, 2015." and insert "No public safety answering point may be required to comply with the provisions of ARSD 50:02:04:02(2), unless the next generation 911 initiative has been implemented. The board shall determine when the next generation 911 initiative is operational. The board shall notify each public safety answering point not complying with the provisions of this rule when this determination has been made. The public safety answering point shall comply with the provisions of the rule within ninety days."

    On page 12, delete lines 4 to 21, inclusive, and insert:

"

            (1)    Makes any false or fraudulent return in attempting to defeat or evade the surcharge imposed by § 34-45-4 or section 3 of this Act is guilty of a Class 1 misdemeanor;
            (2)    Fails to pay the surcharge collected pursuant to the provisions of this chapter within sixty days from the date the surcharge becomes due is guilty of a Class 2 misdemeanor;
            (3)    Fails to keep the records required by this chapter or refuses to exhibit these records to the Department of Revenue for the purpose of examination is guilty of a Class 2 misdemeanor;
            (4)    Fails to file a return required by this chapter within sixty days from the date the return is due is guilty of a Class 2 misdemeanor;
            (5)    Willfully violates any rule of the secretary for the administration and enforcement of the provisions of this chapter is guilty of a Class 2 misdemeanor; or
            (6)    Fails to submit a 911 emergency surcharge registration after having been notified in writing by the secretary of the Department of Revenue that the person is subject to the provisions of this chapter is guilty of a Class 2 misdemeanor. However, it is not a violation of this subdivision if the person submits a registration and meets all lawful prerequisites for registering within ten days from receipt of written notice from the secretary."

    On page 16, line 9, delete "incorporated".

    On page 18, line 23, after "findings" insert "of".

    On page 19, line 19, after "remit" insert "each month".

    On page 19, line 21, after "." insert "The secretary of the Department of Public Safety shall approve vouchers and the state auditor shall draw warrants to pay each public agency its share of the distribution."

    On page 20, line 1, delete "surcharges" and insert "surcharge".

    On page 20, line 1, after "into" insert "the".

    On page 20, delete lines 13 to 19, inclusive, and insert "The Department of Public Safety shall distribute the money deposited in the fund based on the ratio of the population of each eligible public safety answering point to the population of all the eligible public safety answering points."

    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 SB 175 and returns the same with the recommendation that said bill be amended as follows:

175oa

    On page 1, line 7, of the printed bill, after "establishment." insert "If more than ten video lottery machines are placed in a licensed establishment, each video lottery machine in excess of ten machines shall include video lottery game software approved by the commission after July 1, 2011."

    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 SB 180 which was tabled.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 182 which was deferred to the 41st 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 3, 16, 17, 26, 28, and 55 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 3, 16, 17, 26, 28, and 55 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1051, 1093, 1212, 1229, 1232, and 1233 and HJR 1007 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that SB 176 be deferred to Thursday, February 9, the 18th legislative day.

    Which motion prevailed.

    SCR 3: A CONCURRENT RESOLUTION, Designating the month of November as COPD Awareness Month in the State of South Dakota.

    Was read the second time.

    Sen. Hunhoff moved that SCR 3 as found on page 296 of the Senate Journal be adopted.

    The question being on Sen. Hunhoff 's motion that SCR 3 be adopted.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Lederman

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

    Yesterday, Sen. Nygaard announced his intention to reconsider the vote by which HB 1069 lost.

    Sen. Nygaard moved that the Senate do now reconsider the vote by which HB 1069 lost.

    The question being on Sen. Nygaard's motion to reconsider the vote by which HB 1069 lost.

    And the roll being called:

    Yeas 23, Nays 11, Excused 1, Absent 0

    Yeas:
Begalka; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tidemann; Tieszen

    Nays:
Bradford; Brown; Buhl; Cutler; Frerichs; Holien; Hundstad; Johnston; Juhnke; Sutton; Vehle

    Excused:
Adelstein

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1069 was up for reconsideration and final passage.

    HB 1069: FOR AN ACT ENTITLED, An Act to increase the amount of income and principal of a perpetual fund used to maintain a cemetery.

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

1069fa

    Sen. Nygaard moved that HB 1069 be amended as follows:

    Delete the previously adopted amendment (1069ra).

    Sen. Olson moved the previous question.

    Which motion prevailed.


    Sen. Nygaard's motion to amend prevailed.


    The question being "Shall HB 1069 pass as amended?"

    And the roll being called:

    Yeas 23, Nays 12, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rave; Rhoden; Schlekeway; Tidemann; Tieszen

    Nays:
Bradford; Brown; Buhl; Frerichs; Holien; Hundstad; Johnston; Juhnke; Maher; Rampelberg; 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.

    SCR 4 Introduced by: Senators Olson (Russell), Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Juhnke, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Munsterman, Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

        A CONCURRENT RESOLUTION, Supporting the concept and further development of South Dakota First, an initiative for success and development.

    WHEREAS, the people of South Dakota are its greatest resource; and

    WHEREAS, the need for informed citizens prepared and committed to filling public and private leadership roles and positions continues to grow and requires action to assure that our state has young people prepared to fill these vital leadership and governance positions within our state; and

    WHEREAS, South Dakota First is dedicated to celebrating young people who intend to live and work in South Dakota; and
    WHEREAS, engagement of the state's young people will help all South Dakotans to live full, well-rounded, productive lives; and

    WHEREAS, the future of South Dakota will be improved through enriched community engagement with the confidence and the capacity to respond to changes in science, technology, and society by understanding and adopting new evidence-based ideas; and

    WHEREAS, citizen success is assured through experiences that prepare young people to understand their roles in proactive models so they become more enriched as community members while pursuing value added careers in South Dakota; and

    WHEREAS, South Dakota First openly differentiates itself from formal education in that it focuses on enhancing individuals for transition to their South Dakota communities; and

    WHEREAS, since 1999, the Rural Learning Center, a Section 501(c)(3) Organization located in Miner County, South Dakota, has built a national reputation by assisting rural communities with strategic planning and by taking the lead in promoting and developing rural development; and

    WHEREAS, the Rural Learning Center desires to encourage community service and to develop a series of four seminars addressing: (1) local leadership and governance; (2) proactive models of community based problem solving; (3) interdisciplinary critical thinking and research; and (4) apprenticeship, mentorship, and internship experiences to complement formal education experiences; and

    WHEREAS, the State of South Dakota has implemented programs that may be modified to serve as further incentives for South Dakota's young people to participate and embrace an intentional model of proactive citizenship and leadership:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports the development and incentive integration in further development of South Dakota First, an initiative for success and development.

    Was read the first time, the President waived the referral to committee, and placed SCR 4 on the calendar of Thursday, February 9, the 18th legislative day.

    HCR 1006: A CONCURRENT RESOLUTION, in opposition to certain actions by animal rights groups to undermine agricultural producers.

    Was read the first time, the President waived the referral to committee, and placed HCR 1006 on the calendar of Thursday, February 9, the 18th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on SB 177 as found on page 290 of the Senate Journal; also

    Education on SB 186 as found on page 290 of the Senate Journal; also

    Education on SB 191 as found on page 291 of the Senate Journal; also

    Commerce and Energy on SB 145 as found on page 291 of the Senate Journal; also

    Agriculture and Natural Resources on SB 169 as found on page 293 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1051: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents providing for the demolition, construction, remodeling, or renovation of various structures on the campuses of the state's universities and to make appropriations therefor.

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

    HB 1093: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the general fund of school districts.

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

    HB 1212: FOR AN ACT ENTITLED, An Act to revise certain terms regarding tort liability.

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

    HB 1229: FOR AN ACT ENTITLED, An Act to exempt certain persons from the requirement to license as a mortgage loan originator.

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


    HB 1232: FOR AN ACT ENTITLED, An Act to repeal the South Dakota Commission on Health Care.

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

    HB 1233: FOR AN ACT ENTITLED, An Act to provide for the public access to the records of former Governors and lieutenant governors.

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

    HJR 1007: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XII of the Constitution of the State of South Dakota, relating to a balanced budget.

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

CONSIDERATION OF CONSENT CALENDAR EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of David S. Pummel of Butte County, Belle Fourche, South Dakota, to the Housing Development Authority.

    The question being "Does the Senate advise and consent to the executive appointment of David S. Pummel pursuant to the executive message as found on page 26 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; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Novstrup (Al)

    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 Robert H. Hartford of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Novstrup (Al)

    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 James R. Peterson of Deuel County, Revillo, South Dakota, to the South Dakota Lottery Commission.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Novstrup (Al)

    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 Doyle D. Estes of Pennington County, Hill City, South Dakota, to the South Dakota Lottery Commission.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Novstrup (Al)

    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

    Pursuant to Senate Rule 6-1, the President removed SB 81 and 113 from the Consent Calendar.

    SB 168: FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of appointees to certain boards and commissions.

    Was read the second time.

    The question being "Shall SB 168 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; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Novstrup (Al)

    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 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the construction of roads outside the road district.

    Was read the second time.


    The question being "Shall HB 1154 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; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Novstrup (Al)

    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

    SB 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability system and a new financial accountability rating system for public elementary and secondary schools.

    Was read the second time.

    Sen. Olson moved the previous question.

    Which motion prevailed.

    The question being "Shall SB 25 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 4, Excused 0, Absent 0

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

    Nays:
Buhl; Frerichs; Hundstad; Sutton


    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 46: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase an airport structure for use by South Dakota State University and to make an appropriation therefor.

    Was read the second time.

    The question being "Shall SB 46 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

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

    Nays:
Hundstad; Maher; Nygaard

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

    SB 142: FOR AN ACT ENTITLED, An Act to impose the sales tax on the gross receipts derived from renting mini-storage units, self-storage units, or storage space and the use tax on the use of mini-storage units, self-storage units, or storage space.

    Was read the second time.

    Sen. Olson moved that SB 142 be laid on the table.

    The question being on Sen. Olson's motion that SB 142 be laid on the table.

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; 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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    SB 162: FOR AN ACT ENTITLED, An Act to create certified technology parks and to provide certain financing mechanisms and bonding authority to enhance knowledge and tech-based economic development and to repeal certain provisions concerning certified technology parks.

    Was read the second time.

    The question being "Shall SB 162 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 70: FOR AN ACT ENTITLED, An Act to revise the procedures for filing referred laws, initiated constitutional amendments, and initiated measures and to revise certain election provisions and campaign finance requirements for referred laws, initiated constitutional amendments, and initiated measures.

    Was read the second time.

    The question being "Shall SB 70 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; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; 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 161: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings held by teleconference or videoconference.

    Was read the second time.

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

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Frerichs

    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 87: FOR AN ACT ENTITLED, An Act to allow military spouses to receive unemployment compensation if they leave their jobs due to a spouse's military transfer.

    Was read the second time.

    The question being "Shall SB 87 pass?"

    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:
Juhnke

    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.

SIGNING OF BILLS

    The President publicly read the title to

    SB 3: FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

    SB 16: FOR AN ACT ENTITLED, An Act to define a final stage manufacturer dealer and to provide for licensing of final stage manufacturer dealers.

    SB 17: FOR AN ACT ENTITLED, An Act to require certain fuel tax returns and reports to be filed by electronic means and to require certain fuel taxes to be remitted by electronic transfer.

    SB 26: FOR AN ACT ENTITLED, An Act to revise certain requirements pertaining to earnest money paid in a cooperative or cobrokerage real estate transaction.

    SB 28: FOR AN ACT ENTITLED, An Act to revise provisions regarding the renewal process for certain third party insurance administrators.

    SB 55: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

    HB 1011: FOR AN ACT ENTITLED, An Act to revise the definition of domestic use of water.

    HB 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

    HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XVII of the Constitution of the State of South Dakota, relating to corporations.

    And signed the same in the presence of the Senate.

    Sen. Krebs moved that the Senate do now adjourn, which motion prevailed and at 4:25 p.m. the Senate adjourned.

Fee Jacobsen, Secretary