Senate Journal 1/17/2013 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 17, 2013

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Michaela Stroup.

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 sixth 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 35, 36, 39, and 43 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 52 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 65 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 Commerce and Energy respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 15, of the printed bill, after "," insert "and all appeals of the revocation have been exhausted".

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

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:

On page 5 of the printed bill, delete lines 11 and 12, and insert "~~inclusive~~. A salesperson may ~~give opinions of value~~ perform a broker price opinion or comparative market analysis for purposes of purchase, sale, lease, rental, or exchange of real property."

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

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, after "Regents" insert "and the Department of Labor and Regulation".

On page 2, line 3, after "Education" insert "and the Department of Labor and Regulation".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 5 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. Terms used in this Act mean:

(1) "Average state appropriation per higher education student," the average state general fund appropriation for each student enrolled in an institution of higher education under the control of the Board of Regents for the previous fiscal year as determined by the Bureau of Finance and Management;

(2) "Full-time equivalent," at the postsecondary technical institutes equals thirty credit hours of instruction per year, and at the institutions under the control of the Board of Regents equals thirty credit hours of instruction per year for undergraduates, twenty-four credit hours of instruction per year for students seeking master's and doctoral degrees, thirty credit hours of instruction per year for students in law school, and thirty-eight credit hours of instruction per year for students in medical school;

(3) "Projected state general fund increase," the estimated percentage change in state general fund revenue, as submitted by the Governor pursuant to § 4-7-10 or as adopted by the standing committees on appropriations;

(4) "Public postsecondary education institutions," the postsecondary technical institutes under the control of the Board of Education and the institutions of higher education under the control of the Board of Regents; and

(5) "Public postsecondary education systems," the system of postsecondary technical institutes under the control of the Board of Education and the system of institutions of higher education under the control of the Board of Regents.

Section 2. The Legislature hereby finds, and declares to be the public policy of this state, that the purpose of public postsecondary education is to provide the following:

(1) A workforce that meets the current and prospective needs of the state's economy;

(2) Affordable postsecondary educational opportunities for all state citizens;

(3) Access to postsecondary education programs that serve to increase the educational attainment of the state's citizenry and thereby enable citizens to provide leadership in all sectors of life in the state; and

(4) A foundation upon which the state can grow the development and innovation capacities of the state's economy.

Section 3. The Legislature hereby recognizes that the current goals for public postsecondary education systems and institutions are as follows:

(1) To increase the number of graduates for the state's workforce; and

(2) To increase the growth capacity of the state's economy by increasing the innovation and development capacity of the state and by increasing the skills of the state's current workforce.

Section 4. The Council on Higher Education Policy Goals, Performance, and Accountability, established in section 6 of this Act, shall use the following performance metrics to monitor the institutional progress toward the goals declared in section 3 of this Act:

(1) For the goal in section 3, subdivision (1) of this Act:

(a) Increases in the number of graduates at all postsecondary education institutions, particularly those graduates in select disciplines and at certain levels, and those graduates who remain in the state for employment or further study;

(b) Increases in the number of undergraduate degrees earned by at-risk students, including low-income students, Native American students, nontraditional students, and those students underprepared for higher education;

(d) Increases in the retention of students from their first year of postsecondary education to their second year of postsecondary education at all public postsecondary education institutions;

(2) For the goal stated in section 3, subdivision (2) of this Act, increases in the expenditures in research at postsecondary institutions under the control of the Board of Regents.

Section 5. Sections 3 and 4 of this Act are repealed on June 30, 2015.

Section 6. There is hereby created the Council on Higher Education Policy Goals, Performance, and Accountability. The council shall consist of the following members:

(1) The Governor or the Governor's designee;

(2) The secretary of the Department of Labor and Regulation;

(3) The commissioner of the Governor's Office of Economic Development;

(4) The commissioner of the Bureau of Finance and Management;

(5) Three members of the House of Representatives, appointed by the speaker of the House of Representatives;

(6) Three members of the Senate, appointed by the president pro tempore of the Senate;

(7) Two members of the Board of Regents;

(8) The executive director of the Board of Regents;

(9) The secretary of the Department of Education;

(10) The director of the Division of Curriculum, Career and Technical Education in the Department of Education;

(11) A president of an institution of higher education under the control of the Board of Regents who shall serve for one year and be determined by a rotating order based on the year of the establishment of the institution; and

(12) A president of a public postsecondary technical institute who shall serve for one year and be determined by a rotating order based on the year of the establishment of the postsecondary technical institute.

The Governor or the Governor's designee shall serve as the chair of the council. In 2013 and 2014, the council shall meet once each year to monitor the progress of the public postsecondary education systems and institutions toward the goals established in section 3 of this Act.

Section 7. Beginning in 2015, and in every year immediately following a gubernatorial election thereafter, the Council on Higher Education Policy Goals, Performance, and Accountability shall meet to review, endorse, and recommend to the executive branch, the Legislature, and the respective postsecondary education governing boards the four-year goals for the public postsecondary education systems and institutions and the performance metrics by which the council will monitor the progress toward those goals. The initial goals established by the council shall take effect on July 1, 2015, and subsequent goals will take effect every four years thereafter. In intervening years, the council shall meet annually to monitor the progress toward the goals. When establishing goals and performance metrics, the council shall draw upon public input from any persons who may be concerned or knowledgeable in these areas. A majority of the members appointed to the council constitutes a quorum for the purposes of conducting business. Any action may be taken by a vote of the majority of the members present at a meeting. The duties of the council include only those stipulated in this Act and do not impinge on the constitutional powers and duties of the Board of Regents or the legislative powers and duties of the Board of Education or include participation in the operation, management, or oversight of any postsecondary education institution in the state.

Section 8. The Board of Regents and the Board of Education shall each provide to the Council on Higher Education Policy Goals, Performance, and Accountability an annual accountability report. The initial accountability report, to be provided to the council in 2013, shall contain, for each of the postsecondary education institutions under the respective board's control, information on the following:

(1) Improvements in on-time degree completions;

(2) Affordability for students;

(3) The placement of graduates in jobs or further study in South Dakota; and

(4) Improvements in the percentages of graduates who are successful in passing licensure, certification, or exit exams administered by third parties.

The council shall determine the content of subsequent accountability reports.

Section 9. To achieve the public purpose and goals established for postsecondary education in the state pursuant to this Act, the state funding for the higher education system may be calculated as follows:

(1) If the projected state general fund increase for the next fiscal year is equal to or greater than the cost of the inflationary increase established in this subdivision, the higher education system shall receive, through the normal budgeting process, an operating budget inflationary increase equal to the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less. For the purpose of this section, the operating budget does not include any portion of the budget that contains funding for salaries and benefits for any employees provided by the Legislature through the General Appropriations Act;

(2) If the higher education system receives the inflationary increase in subdivision (1), and the cost of the increase is less than the projected state general fund increase, the higher education system may receive additional funding through the normal budgeting process for performance funding. Any sum appropriated from the general fund for the purpose of performance funding shall be provided to the Board of Regents. The Board of Regents shall then determine the allocation of funds to the institutions it governs that reflect institutional performance and system strategic investments. For fiscal years 2014 and 2015, funds appropriated for performance funding shall be awarded to the higher education institutions based on improvements in the following areas:

(a) One-half of the performance funding shall be based on the number of new graduates with special emphasis on those graduates with degrees in science, technology, engineering, and mathematics or other critical need areas as determined by the Council on Higher Education Policy Goals, Performance, and Accountability established in section 6 of this Act; and

(b) One-half of the funding shall be based on the growth of expenditures for research;

For fiscal year 2016 and in subsequent fiscal years, the performance funding shall be awarded to the Board of Regents based on criteria established by the Council of Higher Education Policy Goals, Performance and Accountability; and

(3) If the higher education system receives the inflationary increase in subdivision (1) and the performance funding in subdivision (2), and the cost of both of the increases is less than the projected state general fund increase, the higher education institutions may also receive, through the normal budgeting process, a mission expansion increase calculated pursuant to this subsection to reflect expanded student services and increases in enrollments and credit hour completions. If the inflationary increase calculated in subdivision (1), the performance funding provided pursuant to

subdivision (2), and the amount calculated in this subdivision for a mission expansion increase is greater than the projected state general fund increase, each higher education institution shall receive a pro rata share of the total amount calculated. The mission expansion increase shall be calculated as follows:

(a) Each institution of higher education shall receive a payment equal to one-half of the average state appropriation per higher education student for each full-time equivalent enrollment in the previous fiscal year that exceeded the total full-time equivalent enrollment in the year preceding the previous fiscal year; and

(b) Each institution of higher education shall also receive a payment equal to one-half of the average state appropriation per higher education student for each full-time equivalent of credit hour completions in the previous fiscal year that exceeded the total full-time equivalent of credit hour completions in the year preceding the previous fiscal year. The full-time equivalent of credit hour completions for which an institution is entitled to a payment pursuant to this section shall be calculated as follows:

(i) For the previous fiscal year, at each degree level, divide the total number of credit hours completed at that institution by the number of credit hours required to be a full-time equivalent student;

(ii) For the year prior to the previous fiscal year, at each degree level, divide the total number of credit hours completed at that institution by the number of credit hours required to be a full-time equivalent student;

(iii) If the product of subsection (i) is greater than the product of subsection (ii), calculate the difference between the two at each degree level; and

(iv) Add together the results for each degree level;

In addition to the mission expansion funding calculated pursuant to this subsection, the Legislature may also provide additional funding to institutions of higher education for the expansion of program mission."

On page 1, line 2, of the printed bill, delete "postsecondary" and insert "higher".

And that as so amended said bill do pass.

Respectfully submitted,
J. Mark Johnston, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 40 which was tabled.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1022, 1040, 1041, 1042, 1043, 1044, and 1058 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on January 18, the 8^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORT OF COMMITTEE

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

Health and Human Services on SB 24 as found on page 114 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 78 Introduced by: Senators Vehle, Maher, Novstrup (Al), and Welke and Representatives Verchio, Heinert, Miller, Romkema, and Rozum

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to medical requirements for intrastate drivers transporting passengers.

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

SB 79 Introduced by: Senators Maher, Brown, Kirkeby, Lederman, and Rhoden and Representatives Olson (Betty), Kaiser, Nelson, and Russell

FOR AN ACT ENTITLED, An Act to deposit money in the permanent school fund based on certain acres of school and public lands open to public hunting.

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

SB 80 Introduced by: Senators Maher, Begalka, Bradford, Brown, Frerichs, Lucas, and Sutton and Representatives Sly, Bartling, Feickert, Hawley, Heinert, Hoffman, Hunhoff (Bernie), Killer, Kopp, May, Nelson, Olson (Betty), Parsley, Russell, Schaefer, Schrempp, Stevens, Tyler, Verchio, and Wismer

FOR AN ACT ENTITLED, An Act to reinstate certain provisions repealed in the Eighty-seventh Legislative Session regarding the accounting for federal impact aid.

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

SB 81 Introduced by: Senators Adelstein, Begalka, Bradford, Buhl, Holden, Lederman, Maher, Rampelberg, and Tieszen and Representatives Hunhoff (Bernie), Hoffman, Kopp, Olson (Betty), and Schrempp

FOR AN ACT ENTITLED, An Act to prohibit certain political activity within the Office of the Secretary of State.

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

SB 82 Introduced by: Senators Adelstein, Bradford, and Buhl and Representatives Hunhoff (Bernie), Kopp, and Schrempp

FOR AN ACT ENTITLED, An Act to provide for the nonpolitical election of the secretary of state.

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

SB 83 Introduced by: Senators Holden, Adelstein, Begalka, Jensen, Lederman, Lucas, Maher, Omdahl, Otten (Ernie), Soholt, Tieszen, and Welke and Representatives Magstadt,

Craig, Greenfield, Haggar (Don), Nelson, Olson (Betty), Parsley, Rounds, Rozum, Solum, and Tulson

FOR AN ACT ENTITLED, An Act to designate Welcome Home Vietnam Veterans Day as a working holiday.

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

SB 84 Introduced by: Senator Johnston and Representative Schrempp

FOR AN ACT ENTITLED, An Act to create the South Dakota Athletic Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts competitions and sparring exhibitions in the state.

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

SB 85 Introduced by: Senators Olson (Russell), Brown, Frerichs, Holden, Johnston, Krebs, Lederman, Novstrup (Al), Rave, Tidemann, Welke, and White and Representatives Magstadt, Cronin, Greenfield, Hoffman, Hunhoff (Bernie), Munsterman, Novstrup (David), Parsley, Peterson, Rounds, Solum, and Wick

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the production incentive payment available to ethanol producers.

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

SB 86 Introduced by: Senators Kirkeby, Lederman, Lucas, and Tieszen and Representatives Rounds, Craig, Heinert, Nelson, Rozum, Tulson, and Tyler

FOR AN ACT ENTITLED, An Act to increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

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

SB 87 Introduced by: Senators Peters, Brown, Holden, Lederman, Olson (Russell), Rave, Rhoden, Tidemann, Vehle, and White and Representatives Cronin, Gosch, Lust, and Rounds

FOR AN ACT ENTITLED, An Act to establish the effective date of the sales tax collection allowance for retailers.

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

SB 88 Introduced by: Senators Rampelberg, Ewing, Jones, Maher, and Sutton and Representatives Verchio, Cronin, Olson (Betty), Rounds, and Schaefer

FOR AN ACT ENTITLED, An Act to authorize the county to deny bids on county sales of tax deed properties if the bidder is not current on property taxes due.

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

SB 89 Introduced by: Senators Olson (Russell), Brown, Frerichs, Holden, Johnston, Krebs, Lederman, Novstrup (Al), Rave, Tidemann, Welke, and White and Representatives Solum, Cronin, Greenfield, Hoffman, Hunhoff (Bernie), Magstadt, Munsterman, Novstrup (David), Parsley, Peterson, Rounds, Verchio, and Wick

FOR AN ACT ENTITLED, An Act to limit the liability of retail dealers in petroleum products under certain conditions.

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

SB 90 Introduced by: Senators Peters and Tidemann and Representatives Romkema and Carson

FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2013, to provide funding for the increased costs associated with the employee health insurance and internal service bureaus, and to declare an emergency.

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

SB 91 Introduced by: Senators Begalka, Lucas, and Otten (Ernie) and Representatives Nelson, Hickey, Kaiser, Kopp, Olson (Betty), Parsley, Peterson, Russell, and Stalzer

FOR AN ACT ENTITLED, An Act to reduce the rate for the contractor's excise tax over a period of time and to repeal the contractor's excise tax in three years.

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

SB 92 Introduced by: Senators Kirkeby, Johnston, Lederman, Lucas, Maher, Monroe, Novstrup (Al), Otten (Ernie), Rave, Rhoden, and Welke and Representatives Solum, Conzet, Cronin, Dryden, Feickert, Feinstein, Greenfield, Heinert, Hoffman, Hunhoff (Bernie), Johns, Magstadt, Miller, Munsterman, Novstrup (David), Olson (Betty), Otten (Herman), Rozum, Schaefer, Schrempp, Stalzer, Tyler, Verchio, and Wink

FOR AN ACT ENTITLED, An Act to provide for the repair of property that has sustained damage when the materials are no longer available in the marketplace.

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

SB 93 Introduced by: Senators Kirkeby, Brown, Johnston, Krebs, Lederman, Lucas, Maher, Monroe, Novstrup (Al), Olson (Russell), Otten (Ernie), Rave, and Rhoden and Representatives Hoffman, Conzet, Cronin, Dryden, Feickert, Greenfield, Heinert, Johns, Kaiser, Magstadt, Miller, Munsterman, Novstrup (David), Olson (Betty), Otten (Herman), Rozum, Schaefer, Schrempp, Solum, Stalzer, Tyler, Verchio, and Wink

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning requirements of fire sprinklers in single family dwellings.

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

SB 94 Introduced by: Senators Lucas, Adelstein, Begalka, Bradford, Buhl, Jensen, Kirkeby, Lederman, Novstrup (Al), Sutton, Van Gerpen, and Welke and Representatives Hickey, Bolin, Craig, Duvall, Ecklund, Gibson, Hajek, Hawks, Heinert, Hoffman, Killer, Kopp, Latterell, Magstadt, Qualm, Schaefer, Schoenfish, Sly, Soli, Steele, Tulson, Tyler, and Wick

FOR AN ACT ENTITLED, An Act to prohibit a social host from permitting the underage consumption of alcoholic beverages on the social host's premises and to provide penalties therefor.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1022: FOR AN ACT ENTITLED, An Act to repeal certain outdated programs relating to the Department of Human Services.

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

HB 1040: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to provide lists of licensed boat dealers.

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

HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purchase price of rebuilt motor vehicles and to create a motor vehicle excise tax exemption for sales tax paid on parts used in rebuilt motor vehicles and vehicles manufactured by individuals.

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

HB 1042: FOR AN ACT ENTITLED, An Act to authorize manufactured home dealers to submit license fees directly to the Department of Revenue and to provide an electronic renewal notice to certain dealers.

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

HB 1043: FOR AN ACT ENTITLED, An Act to authorize the Department of Revenue to establish an electronic title system for motor vehicles and to revise certain provisions regarding an electronic lien filing system.

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

HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practice of optometry.

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

HB 1058: FOR AN ACT ENTITLED, An Act to repeal and revise certain statutes related to the Animal Industry Board.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Maher requested that SB 56 be removed from the Consent Calendar.

SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

Was read the second time.

The question being "Shall SB 54 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holden; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

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 repeal certain outdated statutes and cross references related to the Department of Health.

Was read the second time.

The question being "Shall SB 46 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 38: FOR AN ACT ENTITLED, An Act to increase the penalty for sexual acts between correction facility employees and juvenile detainees.

Was read the second time.

The question being "Shall SB 38 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

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 60: FOR AN ACT ENTITLED, An Act to revise certain definitions regarding the appraiser certification program.

Was read the second time.

The question being "Shall SB 60 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SB 26: FOR AN ACT ENTITLED, An Act to update terminology for individuals with intellectual disabilities and similar terms.

Was read the second time.

The question being "Shall SB 26 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

INTRODUCTION OF HONORED GUESTS

The President introduced Alayna Siemonsma, South Park Elementary in Rapid City, South Dakota, 2012 South Dakota Milken Educator, and Katie Anderson, East Middle School in Rapid City, South Dakota, 2013 South Dakota Teacher of the Year, to the body .

Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at 2:40 p.m. the Senate adjourned.

Jeannette Schipper, Secretary

Pursuant to the report of the Joint-Select Committee, as found on page 19 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eight former members of the South Dakota Legislature, namely: the Honorable James E. "Jim" Abdnor; the Honorable Leonard E. Andera; the Honorable Charles E. "Eddie" Clay; the Honorable Bertrum E. Ellingson; the Honorable Frank E. "Rudy" Henderson; the Honorable Maurice J. "Maury" LaRue; the Honorable George H. Shanard; and the Honorable Burdette C. Solum; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-eighth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their

late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Eighty-eighth Session of the Legislature of the State of South Dakota, now assembled this 17^th day of January, 2013, at Pierre, South Dakota.