JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 27, 2012

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

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

Roll Call: All members present except Sen. Hundstad who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

HONORED GUESTS

The President introduced the 2011 Tabor Czech Days Queen, Emily Manas of Lesterville, the 2011 Tabor Czech Days Princess Jenna Lammers of Hartington, NE, and the 2012 Miss Rodeo South Dakota, Courtney Peterson of Sisseton to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill be amended as follows:

1189cb

On page 2, line 9, of the House Education Committee engrossed bill, after "." Insert "In addition, the deadlines for transfer established in this section do not apply to a student who enrolls in a school district after the deadline in either semester, and that student may transfer to another school district upon the approval of the school board of the receiving school district."

1189cg

On the House Education engrossed bill delete the previously adopted amendment 1189cb.

On page 2, line 6, delete everything after ".".

On page 2, delete lines 7 to 9, inclusive.

On page 2, line 6, after "." Insert "However, the deadlines for transfer do not apply if:

(1) A student is seeking to transfer to an alternative school or a specialized nonpublic educational program;

(2) A student enrolls in a school district after the deadline in either semester; or

(3) The receiving school district school board or the board's designee determines that special circumstances exist and allows a student to transfer after the deadline."

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

Respectfully submitted,
J. Mark Johnston, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill be amended as follows:

1058aa

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 Unified Judicial System court automation fund created in § 16-2-38 for costs related to the court automation system.

Section 2. The Chief Justice shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

1058btb

On page 1, line 1, of the printed bill, delete everything after "to" and insert "make an appropriation to the Unified Judicial System court automation fund and to declare an emergency."

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1136 and returns the same with the recommendation that said bill be amended as follows:

1136aa

On page 1, line 4, of the printed bill, delete everything after "of" and insert "two dollars ($2),".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1137 and returns the same with the recommendation that said bill be amended as follows:

1137ma

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 Bureau of Finance and Management for the purpose of providing a one-time payment to state employees.

Section 2. 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 Social Services for the purpose of providing a one-time payment to employees of providers.

Section 3. TheBureau of Finance and Management shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

1137mta

On page 1, line 1, of the printed bill, delete everything after "to" and insert "make an appropriation to fund one-time payments to state employees and to employees of providers, and to declare an emergency."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1242 and returns the same with the recommendation that said bill be amended as follows:

1242me

On page 1, line 8, of the House Appropriations Committee engrossed bill, delete both "$1" and insert "$100".

On page 1, line 9, delete both "$1" and insert "$100".

On page 1, line 12, after "Development" insert "shall".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1078 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1122 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1093 and 1220 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1228 and returns the same with the recommendation that said bill be amended as follows:

1228fg

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

"Section 1. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Any wind energy facility which installs wind turbines and operates the turbines to create electrical energy is eligible for a rebate of the sales and use taxes and contractors' excise taxes paid on the project. The wind energy facility is eligible for the rebate if the project has a construction date on or after January 1, 2013, and the total project costs exceeds fifty million dollars. For project costs incurred and paid after January 1, 2013, inclusive, the amount of the rebate for the wind energy facility shall be determined by multiplying the nameplate capacity, in megawatts, of the installed turbines by forty-five thousand dollars. The rebate is payable when construction is complete and the sales and use taxes and contractors' excise taxes have been paid in full.

Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

Any new business facility that is an environmental upgrade to an existing electric generation facility is eligible for a rebate of the sales and use taxes and contractors' excise taxes paid on the project. The new business facility is eligible for the rebate if the project has a construction date on or after January 1, 2013, and the total project costs exceeds fifty million dollars. For project costs incurred and paid after January 1, 2013, inclusive, the amount of the rebate for an environmental upgrade shall be fifty percent of the total sales and use taxes and contractors' excise taxes paid. The rebate is payable when construction is complete and the sales and use taxes and contractors' excise taxes have been paid in full."

1228ftg

On page 1, line 1, of the House engrossed bill, delete everything after "Act to" and insert "provide tax rebates for certain energy projects."

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 22, 37, 42, 46, 47, 70, 72, 82, 84, 90, 104, 128, 137, 154, 176, 177, 189, and 196 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 27, 2012.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 112, 186, and 192 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

Cc99a

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 99 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                     Respectfully submitted,
Jim White                                Tom Hansen
House Committee Chair                    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 106 and 123 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1066, 1131, and 1227.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Gosch, and Hawley 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 on SB 157.

Also MR. PRESIDENT:

I have the honor to return herewith SB 112, 186, and 192 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1014, 1015, and 1018 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1059 and 1230.

Respectfully
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rhoden moved that the Senate do concur in House amendments to SB 123.

The question being on Sen. Rhoden's motion that the Senate do concur in House amendments to SB 123.

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Brown; Heineman; Novstrup (Al)

Excused:
Hundstad

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

Sen. Novstrup moved that the Senate do concur in House amendments to SB 106.

The question being on Sen. Novstrup's motion that the Senate do concur in House amendments to SB 106.

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; 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:
Hundstad

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.

HCR 1014: A CONCURRENT RESOLUTION, Urging the United States Department of Veterans Affairs to reconsider its proposed closure of certain VA facilities in Hot Springs.

Was read the first time, the President waived the referral to committee, and placed HCR 1014 on the calendar of Tuesday, February 28, the 29^th legislative day.

HCR 1015: A CONCURRENT RESOLUTION, Urging the federal government to secure our national borders and enforce United States immigration laws.

Was read the first time, the President waived the referral to committee, and placed HCR 1015 on the calendar of Tuesday, February 28, the 29^th legislative day.

HCR 1018: A CONCURRENT RESOLUTION, Urging Congress to restore the impact aid program.

Was read the first time, the President waived the referral to committee, and placed HCR 1018 on the calendar of Tuesday, February 28^th, the 29^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1186 as found on page 552 of the Senate Journal; also

Local Government on HB 1096 as found on page 553 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1045: FOR AN ACT ENTITLED, An Act to revise various trust provisions.

Was read the second time.

The question being "Shall HB 1045 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Hundstad

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 1234 be immediately considered.

Which motion prevailed and HB 1234 was up for immediate consideration.

HB 1234: FOR AN ACT ENTITLED, An Act to provide incentives to teach in critical need areas, to provide for rewards for the best teachers and those teaching in math and science subject areas, to revise certain provisions regarding evaluation of teachers, to create a system for evaluating principals, to distinguish between tenured and nontenured teachers, to revise certain provisions regarding the employment of teachers, and to repeal provisions regarding the teacher compensation assistance program.

Was read the second time.

1234mc

Sen. Peters moved that HB 1234 be further amended as follows:

On page 5, line 22, delete everything after "may" and insert "receive".

On page 5, line 23, delete everything before "gifts" .

On page 5, delete line 24, and insert "inclusive, of this Act.".

On page 6, delete lines 1 and 2.

Sen. Frerichs requested a roll call vote.

Which request was not supported.

The question being on Sen. Peters' motion that HB 1234 be further amended.

Which motion prevailed.

1234ct

Sen. Schlekeway moved that HB 1234 be further amended as follows:

On page 6 of the Senate Education Committee engrossed bill, delete lines 7 to 24, inclusive, and insert:

"Section 11. There is hereby established the South Dakota Education Reform Advisory Council. The council shall examine the following education reform issues:

(1) Reforms solutions that will sustain best practices to improve student achievement;

(2) The advantages and disadvantages of merit pay systems and other initiatives designed to provide increased compensation for teachers;

(3) The demographics within South Dakota for hard-to-fill teaching positions, the causes and effects of those positions, and solutions to recruit, retain, and train teachers in high-need areas; and

(4) Reforms that examine continuing contract status.

Section 12. The South Dakota Education Reform Advisory Council established in section 1 of this Act shall consist of the following members:

(1) Two members of the Senate, including a member of each political party, appointed by the president pro tempore of the Senate;

(2) Two members of the House of Representatives, including a member of each political party, appointed by the Speaker of the House;

(3) Three superintendents;

(4) Three principals; one from an elementary school, one from a middle school, and one from a high school;

(5) Three teachers; one from an elementary school, one from a middle school, and one from a high school;

(6) One member of the Board of Regents;

(7) One representative of the postsecondary technical institutes; and

(8) Two school board members.

The members in subdivisions (3) to (8), inclusive, shall be appointed by the Executive Board of the Legislative Research Council.

In addition, the council shall consist of the following members:

(1) The secretary of education, who will serve as chair;

(2) The South Dakota Teachers of the Year for 2011 and 2012;

(3) One representative of the School Administrators of South Dakota;

(4) One representative of the South Dakota Education Association; and

(5) One representative of the Associated School Boards of South Dakota.

Section 12. The South Dakota Education Reform Advisory Council shall report its findings to the Governor and to the Legislature. The first report shall be delivered no later than July 31, 2012, and the final report shall be delivered no later than November 1, 2012.".

Delete pages 7 to 27, inclusive.

Sen. Schlekeway requested a roll call vote.

Which request was supported.

The question being on Sen. Schlekeway's motion that HB 1234 be further amended.

And the roll being called:

Yeas 10, Nays 24, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Hunhoff (Jean); Schlekeway; Sutton; Tidemann

Nays:
Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Tieszen; Vehle

Excused:
Hundstad

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

1234cr

Sen. Adelstein moved that HB 1234 be further amended as follows:

On page 15, line 13, of the Senate Education Committee engrossed bill, delete everything after "denied," and insert "the board shall provide, in writing, to the school district the reasons for the denial. The school district may appeal the decision to the Board of Education, or if the school district chooses not to appeal, the school district may, within ninety days, submit another local teacher reward plan application."

On page 15, delete line 14.

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Adelstein's motion that HB 1234 be further amended.

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Holien; Johnston; Nygaard; Rampelberg; Schlekeway; Sutton; Tidemann; Vehle

Nays:
Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Tieszen

Excused:
Hundstad

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

1234cs

Sen. Adelstein moved that HB 1234 be further amended as follows:

On page 6, line 19, of the Senate Education Committee engrossed bill, delete "voluntary" and insert "required".

On page 6, line 20, delete everything before "and" and insert "all teachers who meet the requirements in section 14 of this Act,".

On page 7, delete line 3, and insert "to participate in the math and science teacher incentive program. A teacher participating".

On page 7, line 4, delete "participate".

On page 7, line 6, delete "teacher wishing to participate" and insert "participating teacher".

On page 8, line 24, delete "Participation in the top teachers rewards program is voluntary for teachers, and" and insert "Top teachers".

On page 9, line 1, delete "such".

On page 10, delete lines 8 to 14, inclusive, and insert:

"Section 22. Participation in the top teachers reward program is required for all teachers who are full-time employees of a participating school district and have received a distinguished rating pursuant to section 23 of this Act."

On page 13, line 11, delete "voluntary" and insert "required for all teachers in a school district with an approved local teacher reward plan".

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Adelstein's motion that HB 1234 be further amended.

And the roll being called:

Yeas 12, Nays 22, Excused 1, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Frerichs; Gray; Johnston; Krebs; Nygaard; Rampelberg; Schlekeway; Sutton; Tidemann

Nays:
Begalka; Brown; Cutler; Fryslie; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Tieszen; Vehle

Excused:
Hundstad

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

1234cu

Sen. Adelstein moved that HB 1234 be further amended as follows:

On page 17, line 11, of the Senate Education Committee engrossed bill, after "teacher" insert ", except those teachers of music, art, special education, and any other elective program that does not lend itself to quantitative evaluation,".

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Adelstein's motion that HB 1234 be further amended.

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Gray; Hansen (Tom); Krebs; Maher; Nygaard; Sutton; Tidemann; Vehle

Nays:
Brown; Cutler; Fryslie; Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Juhnke; Kraus; Lederman; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tieszen

Excused:
Hundstad

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

1234oa

Sen. Olson moved that HB 1234 be further amended as follows:

On page 27, after line 2 of the Senate Education Committee engrossed bill, insert:

"Section 64. There is hereby established the South Dakota Education Reform Advisory Council. The council shall advise upon the implementation of this Act, and shall examine further education reform issues including:

(1) The advantages and disadvantages of initiatives designed to provide for increased compensation for teachers;

(2) Future teaching areas of critical need, and solutions to recruit, retain, and train teachers in these critical need areas; and

(3) Other ideas to improve student achievement.

The council shall report its initial findings to the Legislature and the Governor no later than December 1, 2012.

Section 65. The South Dakota Education Reform Advisory Council established in section 64 of this Act shall consist of the following members:

(1) Three members of the Senate, including at least one member of each political party, appointed by the president pro tempore of the Senate;

(2) Three members of the House of Representatives, including a member of each political party, appointed by the speaker of the House;

(3) The secretary of the Department of Education, who will serve as chair;

(4) Three superintendents, jointly appointed by the president pro tempore of the Senate and the speaker of the House;

(5) Three principals, one each from an elementary school, a middle school, and a high school, jointly appointed by the president pro tempore of the Senate and the speaker of the House;

(6) Five teachers, jointly appointed by the president pro tempore of the Senate and the speaker of the House;

(7) Three school board members, jointly appointed by the president pro tempore of the Senate and the speaker of the House;

(8) One member of the Board of Regents, selected by the board;

(9) One representative of the postsecondary technical institutes, selected by the presidents of the respective institutions;

(10) One representative selected by the School Administrators of South Dakota;

(11) One representative selected by the South Dakota Education Association; and

(12) One representative selected by the Associated School Boards of South Dakota.".

Sen. Brown requested a roll call vote.

Which request was supported.

The question being on Sen. Olson's motion that HB 1234 be further amended.

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Frerichs; Hunhoff (Jean); Rampelberg; Rhoden; Sutton

Excused:
Hundstad

So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

Sen. Olson moved the previous question.

Which motion prevailed.

Sen. Frerichs appealed the ruling of the chair that HB 1234 needed a simple majority.

Sen. Frerichs' motion to appeal was withdrawn.

The question now being "Shall HB 1234 pass as amended?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Brown; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Tieszen; Vehle

Nays:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Hunhoff (Jean); Nygaard; Putnam; Schlekeway; Sutton; Tidemann

Excused:
Hundstad

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 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody during a soldier's deployment.

Was read the second time.

The question being "Shall HB 1046 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Hundstad

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 1179: FOR AN ACT ENTITLED, An Act to require certain campaign finance requirements to apply to all counties and municipalities.

Was read the second time.

The question being "Shall HB 1179 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Hundstad

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 1247 be placed to follow HB 1185 on today's calendar.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1206 pass as amended?"

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Gray; Haverly; Holien; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Peters; Putnam; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Fryslie; Hansen (Tom); Heineman; Juhnke; Kraus; Rampelberg; Rave; Rhoden; Vehle

Excused:
Hundstad; Olson (Russell)

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 1171: FOR AN ACT ENTITLED, An Act to clarify certain rules of evidence to determine the value of services for which special damages may be awarded in health care malpractice cases.

Was read the second time.

1171fb

Sen. Hunhoff moved that HB 1171 be further amended as follows:

On page 1, line 7, of the Senate Health and Human Services Committee engrossed bill, delete "§ 21-3-12" and insert "§ 21-3-11".

Which motion prevailed.

The question being "Shall HB 1171 pass as amended?"

And the roll being called:

Yeas 14, Nays 19, Excused 2, Absent 0

Yeas:
Brown; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Johnston; Krebs; Lederman; Peters; Rave; Schlekeway; Sutton; Tidemann; Tieszen

Nays:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Gray; Holien; Juhnke; Kraus; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Putnam; Rampelberg; Rhoden; Vehle

Excused:
Hundstad; Olson (Russell)

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

Sen. Brown moved that HB 1126, 1273, 1198, 1253, 1133, 1248, 1185, 1247, and HJR 1007 be deferred to Tuesday, February 28, the 29^th legislative day.

Which motion prevailed.

Sen. Brown moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Tuesday, February 28, the 29^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 112: FOR AN ACT ENTITLED, An Act to remove the limitation on the number of retail gaming licenses in Deadwood in which a person may have a financial interest.

SB 186: FOR AN ACT ENTITLED, An Act to update the definition of the nonsectarian textbooks that are loaned to certain students to include digital materials.

SB 192: FOR AN ACT ENTITLED, An Act to make appropriations for the purpose of one-time increases in education and health care funding.

HB 1017: FOR AN ACT ENTITLED, An Act to authorize the Bureau of Administration to construct a maintenance shop in Pierre, to make an appropriation therefor, and to declare an emergency.

HB 1018: FOR AN ACT ENTITLED, An Act to repeal certain obsolete or unnecessary provisions pertaining to the Department of Game, Fish and Parks.

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.

HB 1117: FOR AN ACT ENTITLED, An Act to provide for the taking of muskrats by shooting under certain conditions.

HB 1130: FOR AN ACT ENTITLED, An Act to revise the fee schedule for certain documents filed with the county register of deeds, to create a county and statewide fund for the purpose of modernizing and preserving records, and to distribute certain revenue.

HB 1156: FOR AN ACT ENTITLED, An Act to revise procedures and requirements relating to special assessments and the financing of local improvements.

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

HB 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposal of local government property.

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

HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the decision of a pregnant mother considering termination of her relationship with her child by an abortion, to establish certain procedures to 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 1263: FOR AN ACT ENTITLED, An Act to provide for mandatory HIV testing for any person convicted of prostitution or solicitation of prostitution and to provide for appropriate utilization of the test results.

HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XIII, sections 20 and 21 of the Constitution of the State of South Dakota, relating to the trust fund created from the proceeds of the state cement enterprise sales.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 18 Introduced by: Senators Begalka, Adelstein, Brown, Frerichs, Fryslie, Gray, Haverly, Heineman, Holien, Hunhoff (Jean), Juhnke, Kraus, Krebs, Maher, Novstrup (Al), Olson (Russell), Rhoden, Sutton, Tieszen, and Vehle and Representatives Greenfield, Brunner, Deelstra, Haggar, Hickey, Jensen, Kirschman, Kloucek, Kopp, Magstadt, Nelson (Stace), Perry, Rausch, Sly, Solum, Street, Tulson, Venner, Wick, and Willadsen

A LEGISLATIVE COMMEMORATION, Acknowledging the Waverly-South Shore High School Football Team for winning the 2011 State 9B Football Championship.

WHEREAS, the Waverly-South Shore Coyote Football Team, with a 12-0 record, won the 2011 State 9B Football Championship under the dedicated leadership of head coach Billy Kirch; and

WHEREAS, the Waverly-South Shore High School Football Team was held together by extraordinary unity and team spirit throughout the championship season by all of the players

including Virgil Leclercq, Sam Pond, Bailey Comes, Taylor Zemlicka, Carson Britzman, Branden Thyen, Zach Stricherz, Chris Arthur, Brent Zemlicka, Jordan Buchholz, Tyson Zemlicka, Austin Buchholz, Tyler Mundahl, Gage Whitted, Zach Adair, Andrew Thyen, Elton Schmeling, Jason Thyen, Louis Clark, Jesse Bush, and Ridge Lindberg; and

WHEREAS, all of the students, coaches, faculty, and the great communities of Waverly and South Shore demonstrated outstanding support and sportsmanship during the quest to achieve the 2011 State 9B Football Championship, the first in the communities' histories:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Waverly-South Shore High School Football Team and its coaching staff be congratulated and commended for their outstanding performances in the 2011 season.

SC 19 Introduced by: Senators Begalka, Adelstein, Brown, Frerichs, Fryslie, Gray, Haverly, Heineman, Holien, Hunhoff (Jean), Juhnke, Kraus, Krebs, Maher, Novstrup (Al), Olson (Russell), Rhoden, Sutton, Tieszen, and Vehle and Representatives Street, Brunner, Deelstra, Greenfield, Haggar, Hickey, Jensen, Kirschman, Kloucek, Kopp, Magstadt, Nelson (Stace), Perry, Rausch, Sly, Solum, Tulson, Venner, Wick, and Willadsen

A LEGISLATIVE COMMEMORATION, Congratulating the Deuel High School Girls Gymnastics Team for winning the 2012 State Class A Gymnastics Team Tournament.

WHEREAS, Deuel High School defended their title from the previous year; and

WHEREAS, the Deuel High School Gymnastics Team scored 145.846 points to top the nine team field and break their own State Class A record team score; and

WHEREAS, the State Class A Gymnastics winning teammates who displayed extraordinary unity and team spirit are: Sam Wiekamp, Meaghan Sievers, Alex Stein, Karina Noem, Kaitlyn Plut, Kelly Wollschlager, and Steph Greber; and

WHEREAS, head coach Lynn Gudmundson and assistant coach Joan Niemann directed the team with dedication and determination; and

WHEREAS, on February 18, 2012, in individual competition, freshman Meaghan Sievers won all-around with the top scores in floor exercise and balance beam and second in uneven bars and vault; and

WHEREAS, junior Sam Wiekamp finished second in all-around with a first place finish in uneven bars and vault and second place in floor exercise and balance beam; and

WHEREAS, junior Alex Stein finished seventh in all-around, freshman Kelly Wollschlager finished 17^th in all-around, and freshman Kaitlyn Plut finished 18^th in all-around. Plut and Wollschlager attend school at Grant-Deuel, which is in its first year of a cooperative agreement with Deuel School for gymnastics:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Deuel High School Girls Gymnastics Team be honored for its achievements at the 2012 State Class A Gymnastics Tournament.

Sen. Begalka moved that the Senate do now adjourn, which motion prevailed and at 5:15 p.m., the Senate adjourned.

Fee Jacobsen, Secretary