JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 15, 2012

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

The prayer was offered by the Chaplain, Rev. Sarah Goldammer, followed by the Pledge of Allegiance led by Senate page Shelby Simon.

Roll Call: All members present except Sens. Brown and Krebs who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

On page 425, line 22, of the Senate Journal, after "bill" insert "not".

On page 425, line 23, delete "passed and the title was agreed to" and insert "lost".

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

And we hereby move the adoption of the report.

Respectfully submitted,

Which motion prevailed.

The President introduced Duane Alm, Aberdeen, the Associated School Boards of South Dakota 2011-2012 Outstanding School Board Member of the year, and the Armour School Board, which recently received the Associated School Board Award of Excellence, to the body.

COMMUNICATIONS AND PETITIONS

February 15, 2012

Mr. President and Members of the Senate:

I have the honor to inform you that on February 14, 2012, I approved Senate Bill 64, 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 Transportation respectfully reports that it has had under consideration HB 1031 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 1019 and 1032 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1263 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 16, of the printed bill, after "." insert "All persons involved in carrying out the provisions of this Act shall act in a manner that will protect the confidentiality of the petitioner and the person tested, including sealing relevant court records as provided in § 23A-35B-5."

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 HB 1171 which was tabled.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1190 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 HB 1078 and 1116 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1066, 1162, 1163, 1172, and 1173 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 1131 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the House engrossed bill, after "," insert "by email,".

And that as so amended said bill do pass.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1002 and returns the same with the recommendation that said resolution do pass.

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 and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 4, of the House engrossed bill, after "deployment" insert "itself".

On page 2, line 13, after "custody" insert ", the best interests of the child remains determinative for such temporary custody determinations".

On page 2, line 16, delete everything after "from"and insert "the deployment either the".

On page 2, line 17, after "servicemember" insert "or child".

On page 2, after line 19, insert "The temporary custody provisions of § 25-4A-11 do not apply to the temporary custody provisions of this section."

On page 2, delete lines 20 to 24, inclusive.

On page 3, delete lines 1 to 6, inclusive.

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 1058 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1004 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 102 was delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 15, 2012.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1126, 1133, 1136, 1137, 1164, 1185, 1189, 1199, 1206, 1220, 1228, 1230, 1242, 1253, 1255, 1266, 1270, and 1273 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

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

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that HB 1088 and 1202 be deferred to Tuesday, February 21, the 24^th legislative day.

Which motion prevailed.

Sen. Olson moved that HB 1018 be deferred to Thursday, February 16, the 23^rd legislative day.

Which motion prevailed.

Sen. Gray moved that HB 1096 and 1186 be referred from the Committee on Judiciary to the Committee on Local Government.

Which motion prevailed.

Sen. Gray moved that HB 1248 and 1045 be referred from the Committee on Judiciary to the Committee on State Affairs.

Which motion prevailed.

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 16, the 23^rd legislative day.

Which motion prevailed.

HCR 1008: A CONCURRENT RESOLUTION, Recognizing the week of June 25 through June 29, 2012, as Ag Week in South Dakota.

Was read the second time.

Sen. Rhoden moved that the Senate do concur in HCR 1008 as found on page 428 of the House Journal.

The question being on Sen. Rhoden's motion that HCR 1008 be concurred in.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Brown; Krebs; Rave; Tidemann

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 EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Pamela Roberts of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor and Regulation.

The question being "Does the Senate advise and consent to the executive appointment of Pamela Roberts pursuant to the executive message as found on page 36 of the Senate Journal?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; Tidemann

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

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Olson moved that the report of the Standing Committee on

Commerce and Energy on HB 1071 as found on page 403 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1126: FOR AN ACT ENTITLED, An Act to establish provisions that certain bonds paid by, or on behalf of, certain persons with child support arrearages shall be paid to the Department of Social Services to pay any child support the defendant owes.

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

HB 1133: FOR AN ACT ENTITLED, An Act to establish the Legislature's Planning Committee.

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

HB 1136: FOR AN ACT ENTITLED, An Act to revise the state aid to education formula and to make an appropriation.

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

HB 1137: FOR AN ACT ENTITLED, An Act to affect medical services.

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

HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain surplus property in Yankton County.

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

HB 1185: FOR AN ACT ENTITLED, An Act to prohibit all qualified health plans offered through a health care exchange from including abortion coverage.

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

HB 1189: FOR AN ACT ENTITLED, An Act to establish a deadline within each semester after which no student may transfer to a school district other than the resident school district through the enrollment options program.

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

HB 1199: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the distribution of funds to sparse school districts.

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

HB 1206: FOR AN ACT ENTITLED, An Act to make an appropriation for Feeding South Dakota and to repeal the sales tax on food refund program.

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

HB 1220: FOR AN ACT ENTITLED, An Act to conditionally repeal certain provisions establishing network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and certain standards for managed health care plans if the Patient Protection and Affordable Care Act is found to be unconstitutional.

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

HB 1228: FOR AN ACT ENTITLED, An Act to review the sunset concerning tax refunds for new or expanded agricultural facilities and new or expanded business facilities.

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

HB 1230: FOR AN ACT ENTITLED, An Act to modify the publication requirements regarding the application for a well driller license or a well pump installer license.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1242: FOR AN ACT ENTITLED, An Act to revise the general appropriations act for fiscal year 2012.

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

HB 1253: FOR AN ACT ENTITLED, An Act to prohibit the judicial enforcement of any religious codes.

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

HB 1255: FOR AN ACT ENTITLED, An Act to prohibit the enforcement of surrogacy arrangements.

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

HB 1266: FOR AN ACT ENTITLED, An Act to reduce the period of time necessary to cure and validate certain adoption proceedings.

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

HB 1270: FOR AN ACT ENTITLED, An Act to revise the time period for which unclaimed property is presumed abandoned and to revise certain provisions regarding the publication notice of unclaimed property.

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

HB 1273: FOR AN ACT ENTITLED, An Act to prohibit the sale of loose leaf incense to minors, to prohibit certain marketing techniques, to regulate the sale of certain types of incense, to provide penalties therefor, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of victims of crime.

Was read the second time.

The question being "Shall HB 1021 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1060: FOR AN ACT ENTITLED, An Act to permit a probationer who is a registered sex offender to reside in an assigned halfway house or supervised living center within a community safety zone.

Was read the second time.

The question being "Shall HB 1060 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1061: FOR AN ACT ENTITLED, An Act to amend certain provisions related to interpreter services in the court system.

Was read the second time.

The question being "Shall HB 1061 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1062: FOR AN ACT ENTITLED, An Act to clarify the supporting documentation necessary for a request to implement the standard visitation guidelines.

Was read the second time.

The question being "Shall HB 1062 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1177: FOR AN ACT ENTITLED, An Act to establish provisions to exempt breastfeeding mothers or new parents from jury duty.

Was read the second time.

The question being "Shall HB 1177 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1006: FOR AN ACT ENTITLED, An Act to revise certain outdated and obsolete provisions regarding the Department of Education.

Was read the second time.

The question being "Shall HB 1006 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1007: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes regarding the Department of Education.

Was read the second time.

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1124: FOR AN ACT ENTITLED, An Act to permit a school district, at the discretion of the school district, to pay the fees charged for any criminal background investigation that is required by law for a prospective employee.

Was read the second time.

The question being "Shall HB 1124 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1147: FOR AN ACT ENTITLED, An Act to remove the individual liability of a school board member who authorizes the making of a void contract, check or registered warrant.

Was read the second time.

The question being "Shall HB 1147 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1037: FOR AN ACT ENTITLED, An Act to revise the purpose of the agriculture mediation program.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1038: FOR AN ACT ENTITLED, An Act to increase the penalty for leaving the brand inspection area without necessary inspection and authorization.

Was read the second time.

The question being "Shall HB 1038 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the certificate of health requirement for the importation of animals.

Was read the second time.

The question being "Shall HB 1070 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1033: FOR AN ACT ENTITLED, An Act to clarify certain requirements relating to insurance examinations.

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1034: FOR AN ACT ENTITLED, An Act to revise the circumstances under which alterations may be made to certain insurance applications.

Was read the second time.

The question being "Shall HB 1034 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1035: FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of certain insurance investigations and examinations.

Was read the second time.

The question being "Shall HB 1035 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

HB 1073: FOR AN ACT ENTITLED, An Act to prohibit certain indemnity provisions in motor carrier transportation contracts.

Was read the second time.

The question being "Shall HB 1073 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Krebs; Rave; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1036: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions and penalties related to the regulation of grain warehouses, grain buyers, and warehouse receipts.

Was read the second time.

The question being "Shall HB 1036 pass?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Brown; Krebs; Olson (Russell); Putnam; 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.

HB 1115: FOR AN ACT ENTITLED, An Act to exempt certain contracts from the competitive bidding requirements for water user districts.

Was read the second time.

The question being "Shall HB 1115 pass?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Brown; Cutler; Krebs; Putnam; 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.

HB 1049: FOR AN ACT ENTITLED, An Act to add certain definitions regarding the Department of the Military.

Was read the second time.

The question being "Shall HB 1049 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Brown; Krebs; 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.

HB 1020: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell the Marcotte Tract located within the Marcotte Game Production Area in Meade County to the City of Sturgis.

Was read the second time.

The question being "Shall HB 1020 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Brown; Krebs; Olson (Russell); 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.

HB 1055: FOR AN ACT ENTITLED, An Act to allow for joint physical custody orders after a court awards joint legal custody if in the best interest of the child.

Was read the second time.

Sen. Nygaard moved that HB 1055 be amended as follows:

On page 2, after line 3 of the printed bill, insert "

If joint legal custody is awarded pursuant to this section, there is a rebuttable presumption that both parents have joint physical custody of their children. Joint physical custody of the children is defined as equal time-sharing. The burden of overcoming the presumption rests on the parent challenging the presumption. The presumption may be overcome by demonstrating that joint physical custody would not be in the best interests of the children or by one parent waiving the presumption.".

Sen. Olson moved the previous question.

Which motion prevailed.

Sen. Begalka requested a roll call vote.

Which was supported.

The question being on Sen. Nygaard's motion that HB 1055 be amended.

And the roll being called:

Yeas 8, Nays 24, Excused 3, Absent 0

Yeas:
Begalka; Heineman; Lederman; Maher; Novstrup (Al); Nygaard; Schlekeway; Sutton

Nays:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Nelson (Tom); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Tieszen; Vehle

Excused:
Brown; Krebs; Tidemann

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

The question being "Shall HB 1055 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Brown; Krebs; 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.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning mechanical pull-tab devices.

Was read the second time.

The question being "Shall HB 1119 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Hundstad

Excused:
Brown; Krebs; 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.

HB 1183: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for physical and occupational therapy services.

Was read the second time.

The question being "Shall HB 1183 pass?"

And the roll being called:

Yeas 20, Nays 12, Excused 3, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Fryslie; Hansen (Tom); Haverly; Hundstad; Hunhoff (Jean); Johnston; Kraus; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Rampelberg; Schlekeway; Sutton; Tidemann

Nays:
Gray; Heineman; Holien; Juhnke; Maher; Olson (Russell); Peters; Putnam; Rave; Rhoden; Tieszen; Vehle

Excused:
Brown; Cutler; Krebs

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

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

Was read the second time.

The question being "Shall HB 1232 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Heineman

Excused:
Brown; Cutler; Krebs

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

HB 1203: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

Was read the second time.

The question being "Shall HB 1203 pass?"

And the roll being called:

Yeas 28, Nays 3, Excused 4, Absent 0

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

Nays:
Hansen (Tom); Hunhoff (Jean); Maher

Excused:
Brown; Cutler; Holien; Krebs

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

HB 1040: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

Was read the second time.

Sen. Adelstein moved that HB 1040 be amended as follows:

On page 1, line 4, of the printed bill, delete "one million forty-" and insert "nine hundred thousand dollars ($900,000)".

On page 1, line 5, delete everything before "," .

Sen. Adelstein requested a roll call vote.

Which request was not supported.

The question being on Sen. Adelstein's motion that HB 1040 be amended.

Which motion lost.

The question being "Shall HB 1040 pass?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Adelstein; Buhl; Frerichs

Excused:
Brown; Krebs

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

HB 1041: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2012 state aid to special education appropriation to fiscal year 2013 for the purpose of maintaining federal maintenance of effort levels.

Was read the second time.

The question being "Shall HB 1041 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Brown; Krebs

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

HB 1029: FOR AN ACT ENTITLED, An Act to authorize the publication of the names of certain delinquent taxpayers.

Was read the second time.

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

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Bradford; Buhl; Hundstad

Excused:
Brown; Krebs

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

HB 1223: FOR AN ACT ENTITLED, An Act to exempt from sales tax certain handling fees paid by religious organizations to approved relief agencies for the distribution of food which is provided for the assistance or relief of the poor, distressed, or underprivileged through food giveaway programs.

Was read the second time.

The question being "Shall HB 1223 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Brown; Krebs

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

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the excuse from attendance of children receiving alternative instruction.

Was read the second time.

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

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Bradford; Frerichs

Excused:
Brown; Krebs

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

SIGNING OF BILLS

The President publicly read the title to

HB 1009: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to licenses issued by the Board of Pharmacy.

HB 1010: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes and rules related to the Department of Health.

HB 1026: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary statutes related to the Department of Social Services.

HB 1027: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary statutes related to the Division of Behavioral Health within the Department of Social Services.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state employees and to the administration of state personnel matters.

HB 1044: FOR AN ACT ENTITLED, An Act to repeal certain statutes relating to the Bureau of Intergovernmental Relations.

HB 1075: FOR AN ACT ENTITLED, An Act to allow certain property tax documents to be transmitted electronically.

And signed the same in the presence of the Senate.

SC 11 Introduced by: Senators Olson (Russell), 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), Peters, Putnam, Rave, Rhoden, Sutton, Tidemann, Tieszen, and Vehle and Representatives Rausch, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Hansen (Jon), Hawley, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Lucas, Lust, Magstadt, Miller, Moser, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, and Wink

A LEGISLATIVE COMMEMORATION, Recognizing the Rosebud Sioux Tribe Office of Legislative Affairs for its assistance to the State Legislature in carrying out the 2011 legislative redistricting process.

WHEREAS, throughout the summer and fall of 2011, the South Dakota Legislature undertook the task of redistricting to ensure that the state's legislative districts meet the requirements of state and federal law for the preservation and protection of the voting rights of South Dakota's citizens; and

WHEREAS, a primary issue in the redistricting process concerns the voting rights of South Dakota's Native American population. As a part of this process, numerous meetings of redistricting committees and subcommittees were held across the state, with several meetings held on Indian reservations; and

WHEREAS, the Rosebud Sioux Tribe Office of Legislative Affairs rendered invaluable service to the Legislature and the redistricting process by taking a lead role in organizing and coordinating the redistricting meetings that were held in reservation areas; and

WHEREAS, the Rosebud Sioux Tribe Office of Legislative Affairs includes Lewis Good Voice Eagle, Executive Director; Mark Bordeaux, Assistant to the Executive Director; and Louis Selwyn, Legislative Aide:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature expresses its thanks and appreciation to Lewis

Good Voice Eagle, Mark Bordeaux, and Lewis Selwyn of the Rosebud Sioux Tribe Office of Legislative Affairs for their expertise and assistance in the implementation of South Dakota's 2011 redistricting process.

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

Fee Jacobsen, Secretary