JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 28, 2013

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

    The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by Senate page Fabio Galletta.

    Roll Call: All members present except Sens. Buhl and Hunhoff 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 twelfth 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,
Corey Brown, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 46 and 54 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 122 and 127 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1053 and 1063 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 State Affairs respectfully reports that it has had under consideration SB 102 which was deferred to the 41st Legislative Day.


Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill be amended as follows:

156fa

    On page 1, after line 14 of the printed bill, insert:

    "Section 2. That § 31-13-15 be amended to read as follows:

    31-13-15. Each organized township in the state has power to may divide the township roads or streets in said the township into road districts which shall include not more than one-half:

            (1)    One-half mile of township road nor more than three;
            (2)    Three miles of streets in an unincorporated town; or
            (3)    Five miles of streets in a rural subdivision as defined in § 31-13-32.

    Section 3. That § 31-13-17 be amended to read as follows:

    31-13-17. At the time and place of hearing pursuant to § 31-13-16, the board of supervisors shall consider the petition and if in the opinion of. If the supervisors determine it shall be considered advisable, they the supervisors may, by resolution, assess such properties in the road district for purposes of road improvement for such an amount as the supervisors determine advisable,. The assessment may not to exceed the amount set forth in the petition and in no event more than seventy-five cents may the assessment exceed two dollars a foot front in any one calendar year. Such assessments The assessment shall be certified to the county and collected as a part of the real estate taxes against the property so assessed and shall may only be used by the township only for the purpose of road improvement in the road district, or part thereof, in which assessed. "


156fta

    On page 1, line 2, of the printed bill, delete "and repairs" and insert ", repairs, and improvements and to revise certain provisions concerning road districts established by townships".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be amended as follows:

157fc

    On page 2, line 8, of the printed bill, delete "twenty" and insert "two and one-half".

    On page 2, line 10, delete "equally between the county and" and insert "among the".

    On page 2, line 15, delete "local government road improvement grant" and insert "property tax reduction".

    And that as so amended said bill do pass.

Respectfully submitted,
Ryan Maher, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 181 and returns the same with the recommendation that said bill be amended as follows:

181ja

    On page 1, after line 10 of the printed bill, insert:

    "Section 2. That chapter 36-26 be amended by adding thereto a NEW SECTION to read as follows:

    The board may enter into a national or multi state licensing compact to provide licensing reciprocity for social workers."

181jc

    On page 1, line 10, of the printed bill, after "." insert "The board may also require the applicant to provide a letter from the licensing board in the state where the applicant is licensed certifying that the applicant's license is current and valid, that there have been no complaints filed against the applicant, and that there are no ongoing investigations or ethics violations against the applicant."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 98 which was deferred to the 41st Legislative Day.

                                        Respectfully submitted,
Deb Soholt, Vice Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1028, 1033, 1038, 1050, 1069, 1075, 1086, 1090, 1091, and 1117 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 46 and 54 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that SB 56 and 76 be deferred to Monday, February 4, the 17th legislative day.

    Which motion prevailed.

    Sen. Olson moved that HCR 1001, SB 16 and 21 and HB 1021, 1031, and 1066 be deferred to Tuesday, January 29, the 14th legislative day.

    Which motion prevailed.

    SR 1 Introduced by: Senators Rhoden, 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, Soholt, Sutton, Tidemann, Tieszen, Van Gerpen, Vehle, Welke, and White


A RESOLUTION, endorsing the induction of Tom C. Miller into the PRCA Rodeo Hall of Fame.

    WHEREAS, South Dakota has dominated the sport of professional saddle bronc riding since its inception from the first great champion, Earl Thode, through the incomparable Casey Tibbs, to the charismatic Etbauer brothers, and on to the current generation well represented by Jeff Willert, Jesse Bail, and Chad Ferly; and

    WHEREAS, in all that proud tradition no name shines brighter and no personality rings truer than the character and integrity personified by Tom C. Miller; and

    WHEREAS, Tom is a true son of the South Dakota prairie and the lonesome grasslands of rural Meade County; and

    WHEREAS, Tom was the trail boss of a rowdy, but successful Black Hills State College team that deadsolid dominated national collegiate rodeo competition in the early seventies; and

    WHEREAS, Tom was the perpetual and unchallenged all-around collegiate cowboy working both ends of the area with equal facility and often outscoring, by himself, most of the other teams entered at a competition; and

    WHEREAS, Tom possessed the consummate athleticism and determination to excel in all three roughstock events and could have professionally pursued any of the three with extraordinary success; and

    WHEREAS, Tom, nevertheless, chose to concentrate his career on saddle bronc riding with such singular consistency that he qualified for the National Finals Rodeo six times and won the average against the best in the world an incredible three times; and

    WHEREAS, like the legendarily talented Phil Lyne, there is no telling what an impact Tom might have had on rodeo's record book if he had not always put family and ranch first and kept the grind of the rodeo circuit in perspective; and

    WHEREAS, Tom never refused to encourage and coach less talented aspirants, to maintain a calm and restrained demeanor in the midst of the chaos behind the chutes, and to refrain from any rowdy behaviors of the kind that might have been detrimental to the best image of the sport; and

    WHEREAS, the Selection Committee of the Pro Rodeo Hall of Fame, through their nomination of Tom, has the opportunity to honor one of the most talented and deserving bronc riders that ever measured a bronc rein or nodded for a gate; and

    WHEREAS, Tom's induction would also honor a high plains ranch lifestyle and a set of solid values that, growing from the South Dakota sod, are as relevant today to a life well lived as at any time in the history of our nation:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Eighth Legislature of the State of South Dakota, that the Senate of the Legislature of the State of South Dakota

heartily and without reservation endorses the induction of Tom C. Miller into the PRCA Hall of Fame.

    Was read the first time, the President waived the referral to committee, and placed SR 1 on the calendar of Tuesday, January 29, the 14th legislative day.

    HCR 1002: A CONCURRENT RESOLUTION, Urging the United States Supreme Court to revisit the Roe v. Wade case and to overturn its decision.

    Was read the second time.

    Sen. Jensen moved that the Senate do concur in HCR 1002 as found on page 128 of the House Journal.

    The question being on Sen. Jensen's motion that HCR 1002 be concurred in.

    And the roll being called:

    Yeas 23, Nays 10, Excused 2, Absent 0

    Yeas:
Begalka; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; Jensen; Johnston; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Sutton; Van Gerpen; White

    Nays:
Adelstein; Bradford; Jones; Kirkeby; Lucas; Soholt; Tidemann; Tieszen; Vehle; Welke

    Excused:
Buhl; Hunhoff (Jean)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.

    HCR 1003: A CONCURRENT RESOLUTION, Commending the nation of Israel for its cordial relationship with the United States and with the State of South Dakota.

    Was read the second time.

    Sen. Johnston moved that the Senate do concur in HCR 1003 as found on page 150 of the House Journal.

    The question being on Sen. Johnston's motion that HCR 1003 be concurred in.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

CONSIDERATION OF REPORT OF COMMITTEE

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

    State Affairs on SB 84 as found on page 219 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 203 Introduced by: Senator Maher and Representative Hoffman

    FOR AN ACT ENTITLED, An Act to revise provisions relating to owners of property located near water.

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

    SB 204 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deposit and expenditure of tobacco settlement revenues and bond proceeds.

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

    SB 205 Introduced by: Senators Vehle, Begalka, Bradford, Brown, Lucas, Maher, Omdahl, Otten (Ernie), Rampelberg, Rave, Rhoden, Soholt, and Sutton and Representatives Olson

(Betty), Carson, Cronin, Greenfield, Heinert, Hoffman, May, Nelson, Qualm, Stalzer, Tulson, Tyler, and Verchio

    FOR AN ACT ENTITLED, An Act to authorize the hunting of wolves in certain circumstances.

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

    SB 206 Introduced by: Senators Tieszen, Begalka, Frerichs, Johnston, Kirkeby, Krebs, Lederman, Lucas, Olson (Russell), Rampelberg, Rhoden, Tidemann, and Vehle and Representatives Lust, Bartling, Conzet, Craig, Dryden, Gibson, Gosch, Hajek, Hunhoff (Bernie), Johns, Mickelson, Munsterman, Nelson, Olson (Betty), Rozum, Sly, Steele, and Wink

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to liability and to worker's compensation and disability payments for law enforcement officers performing duties in other jurisdictions.

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

    SB 207 Introduced by: Senators Rhoden, Adelstein, Begalka, Brown, Ewing, Heineman (Phyllis), Holien, Hunhoff (Jean), Johnston, Kirkeby, Krebs, Lederman, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Soholt, Tidemann, Van Gerpen, Vehle, and White and Representatives Mickelson, Cammack, Campbell, Craig, Ecklund, Erickson, Greenfield, Haggar (Don), Haggar (Jenna), Hansen, Heinemann (Leslie), Hickey, Hoffman, Kaiser, Kopp, Latterell, Magstadt, May, Miller, Munsterman, Nelson, Olson (Betty), Otten (Herman), Qualm, Rasmussen, Rounds, Schoenfish, Schrempp, Solum, Stalzer, Steele, Tulson, Verchio, Werner, Wick, and Wink

    FOR AN ACT ENTITLED, An Act to make certain legislative findings concerning federal infringement on Second Amendment rights.

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

    SB 208 Introduced by: Senators Tidemann, Krebs, Maher, Peters, and Vehle and Representatives Hoffman, Dryden, Kirschman, Olson (Betty), Romkema, Rounds, Schaefer, Schrempp, and Verchio

    FOR AN ACT ENTITLED, An Act to make an appropriation to rehabilitate certain state-owned rail lines.

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

    SB 209 Introduced by: Senators Tidemann, Buhl, Hunhoff (Jean), Kirkeby, Peters, Soholt, and Vehle and Representatives Carson, Gibson, Hawley, Hickey, Hunhoff (Bernie), Kirschman, Munsterman, Parsley, Sly, Soli, and Stalzer

    FOR AN ACT ENTITLED, An Act to provide safety provisions by requiring registration of certain family day care facilities, to establish notification and reporting requirements for violations, and to provide penalties therefor.

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

    SB 210 Introduced by: Senators Novstrup (Al), Heineman (Phyllis), Kirkeby, Olson (Russell), and Omdahl and Representatives Wick, Lust, and Steele

    FOR AN ACT ENTITLED, An Act to provide for assessment of agricultural property based on the market, repeal the methodology that assesses agricultural land based on its agricultural income value, and to dissolve the implementation and oversight advisory task force.

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

    SB 211 Introduced by: Senator Frerichs and Representative Nelson

    FOR AN ACT ENTITLED, An Act to provide for additional consumer protections by requiring the attorney general to share certain information related to consumer complaint investigations on contractors.

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

    SB 212 Introduced by: Senators Frerichs, Krebs, and Maher and Representatives Qualm, Feickert, Kirschman, Novstrup (David), and Schoenfish

    FOR AN ACT ENTITLED, An Act to permit auctioneers to sell certain motor vehicles that have out-of-state titles.

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

    SB 213 Introduced by: Senators Frerichs, Olson (Russell), Tidemann, and Welke and Representatives Munsterman, Killer, and Parsley

    FOR AN ACT ENTITLED, An Act to require certain opportunity scholarship recipients to reside in South Dakota for five years following graduation from postsecondary education.

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

    SB 214 Introduced by: Senators Buhl, Adelstein, Bradford, Frerichs, Lederman, Maher, Sutton, Tieszen, and Welke and Representatives Parsley, Feinstein, Hawks, Hickey, and Nelson

    FOR AN ACT ENTITLED, An Act to prohibit certain unfair or discriminatory practices based on veteran or military status.

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

    SB 215 Introduced by: Senators Buhl, Adelstein, Bradford, Lederman, Maher, Rhoden, and Sutton and Representatives Feinstein, Bolin, Hawks, Hickey, Nelson, and Parsley

    FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates.

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

    SB 216 Introduced by: The Committee on Transportation at the request of the Task Force on Teen Driving Safety

    FOR AN ACT ENTITLED, An Act to establish a state-wide driver education program.

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

    SB 217 Introduced by: Senators Bradford, Buhl, Maher, and Sutton and Representatives Heinert, Bartling, Gibson, May, and Schrempp

    FOR AN ACT ENTITLED, An Act to exempt certain rodeo events from sales taxes.

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

    SB 218 Introduced by: Senators Vehle, Bradford, Brown, Frerichs, Kirkeby, Lucas, Maher, Monroe, Olson (Russell), Rampelberg, Rave, Rhoden, Sutton, Tieszen, Van Gerpen, and Welke and Representatives Lust, Cronin, Feickert, Gosch, Hoffman, Hunhoff (Bernie), Johns, Magstadt, Mickelson, Munsterman, Olson (Betty), Qualm, Ring, Rozum, Verchio, and Wink

    FOR AN ACT ENTITLED, An Act to establish a program to assist rural counties to recruit attorneys.

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

    SB 219 Introduced by: Senators Vehle and Lucas and Representatives Verchio and Feickert

    FOR AN ACT ENTITLED, An Act to revise the fuel excise tax rate for liquid petroleum gas, compressed natural gas, and liquefied natural gas.

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

    SB 220 Introduced by: Senator Rampelberg and Representative Verchio

    FOR AN ACT ENTITLED, An Act to revise certain procedures for the vacation, change, or location of public highways.

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

    SB 221 Introduced by: Senators Bradford, Adelstein, Lucas, Tieszen, and Welke and Representatives Olson (Betty), Killer, and Ring

    FOR AN ACT ENTITLED, An Act to revise certain penalties relating to the possession of marijuana.

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

    SB 222 Introduced by: Senators Bradford, Adelstein, Buhl, Frerichs, Lucas, Maher, Sutton, and Tieszen and Representatives Bartling, Heinert, and Tyler

    FOR AN ACT ENTITLED, An Act to clarify the voting status of certain parolees and probationers.

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

    SB 223 Introduced by: Senator Brown and Representative Lust

    FOR AN ACT ENTITLED, An Act to clarify the open meetings requirement as applied to the Public Utilities Commission.

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

    SB 224 Introduced by: Senators Monroe and Lucas and Representatives Stevens and Feickert

    FOR AN ACT ENTITLED, An Act to revise and repeal certain aviation statutes and to increase certain related fees.

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

    SB 225 Introduced by: Senators Lucas, Adelstein, Bradford, Frerichs, Jensen, Jones, Novstrup (Al), Sutton, and Welke and Representatives Hickey, Bartling, Bolin, Craig, Ecklund, Feickert, Feinstein, Gibson, Hajek, Hawks, Hawley, Hoffman, Hunhoff (Bernie), Killer, Kirschman, Kopp, Latterell, Magstadt, Munsterman, Parsley, Peterson, Qualm, Ring, Schaefer, Schrempp, Sly, Soli, Tulson, Tyler, Wick, and Wismer

    FOR AN ACT ENTITLED, An Act to prohibit a person from keeping or maintaining a place allowing underage drinking and to provide penalties therefor.

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

    SB 226 Introduced by: Senator Lucas

    FOR AN ACT ENTITLED, An Act to support Governor Mickelson's Pick-Sloan settlement framework.

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

    SB 227 Introduced by: Senators Welke, Begalka, Bradford, Ewing, Frerichs, Holien, Jones, Kirkeby, Lucas, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Rampelberg, Rhoden, and Sutton and Representatives Greenfield, Campbell, Craig, Feickert, Heinert, Hunhoff (Bernie), Kaiser, Kopp, Latterell, May, Novstrup (David), Otten (Herman), Parsley, Peterson, Qualm, Rasmussen, Schoenfish, Schrempp, Steele, Tulson, Tyler, Verchio, and Wick

    FOR AN ACT ENTITLED, An Act to revise provisions relating to the possession of firearms on snowmobiles.

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

    SB 228 Introduced by: Senators Welke, Frerichs, and Lucas and Representative Greenfield

    FOR AN ACT ENTITLED, An Act to enhance the Public Utilities Commission.

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

    SB 229 Introduced by: Senators Sutton, Bradford, Brown, Buhl, Frerichs, Jones, Lucas, Maher, Olson (Russell), Rave, and Welke and Representatives Bartling, Hawley, Heinert, Hunhoff (Bernie), Qualm, and Wismer

    FOR AN ACT ENTITLED, An Act to make an appropriation for the purpose of providing funding for career and technical education.

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

    SB 230 Introduced by: Senators Adelstein, Johnston, and Kirkeby and Representative Hawks

    FOR AN ACT ENTITLED, An Act to equalize certain levies for the general fund of school districts.

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

    SB 231 Introduced by: Senators Heineman (Phyllis), Brown, Krebs, Olson (Russell), Peters, and Tidemann and Representatives Lust, Carson, and Cronin

    FOR AN ACT ENTITLED, An Act to develop a systematic process for the performance management review of state agencies.

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

    SB 232 Introduced by: Senators Rave and Olson (Russell) and Representative Cronin

    FOR AN ACT ENTITLED, An Act to limit political contributions by certain political action committees.

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

    SB 233 Introduced by: Senators Rave, Adelstein, Heineman (Phyllis), Jensen, Johnston, Kirkeby, Lucas, Maher, Novstrup (Al), Olson (Russell), Rampelberg, Soholt, and Vehle and Representatives Cronin, Bartling, Bolin, Ecklund, Greenfield, Hansen, Hawks, Heinert, Johns, Kirschman, Lust, Nelson, Novstrup (David), Ring, Schaefer, Schoenfish, Schrempp, Sly, Stevens, Tulson, Tyler, Wick, and Wink

    FOR AN ACT ENTITLED, An Act to create the critical teaching needs scholarship program and the critical teaching needs trust fund, and to make an appropriation therefor.

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

    SB 234 Introduced by: Senators Rave, Krebs, Lederman, Olson (Russell), Soholt, and Tidemann and Representatives Cronin, Dryden, Hunhoff (Bernie), Lust, Munsterman, and Novstrup (David)

    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 Board of Regents employee health insurance and to declare an emergency.

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

    SB 235 Introduced by: Senators Brown and Rave and Representatives Cronin, Conzet, Erickson, Gosch, Lust, and Wink

    FOR AN ACT ENTITLED, An Act to enhance economic development opportunities for the state.

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

    SB 236 Introduced by: Senators Olson (Russell), Begalka, Jensen, Johnston, Kirkeby, Maher, Novstrup (Al), Otten (Ernie), Rave, and Van Gerpen and Representatives Lust, Cronin, Feickert, Heinemann (Leslie), and Parsley

    FOR AN ACT ENTITLED, An Act to appropriate money to the Board of Regents to fund the expansion of information systems programs and cyber security programs at Dakota State University.

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

    SB 237 Introduced by: Senators Olson (Russell), Adelstein, Brown, Johnston, Lederman, Rave, and Vehle and Representatives Lust, Bartling, Cronin, Feickert, Gibson, Hajek, Hawks, Hawley, Heinemann (Leslie), Heinert, Hunhoff (Bernie), Killer, Kirschman, Mickelson, Munsterman, Parsley, Peterson, Ring, Schrempp, Soli, Tyler, Westra, and Wismer

    FOR AN ACT ENTITLED, An Act to provide need-based scholarships to resident students enrolled in postsecondary education in the state.

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

    SB 238 Introduced by: Senators Olson (Russell), Begalka, Brown, Frerichs, Holien, Krebs, Lederman, Maher, Rampelberg, Rhoden, Sutton, Tidemann, and White and Representatives Hoffman, Craig, Cronin, Feickert, Greenfield, Kopp, Otten (Herman), and Qualm

    FOR AN ACT ENTITLED, An Act to appropriate money to the animal damage control fund for predator control services and to declare an emergency.

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


    SB 239 Introduced by: Senators Peters, Brown, Holien, Novstrup (Al), Olson (Russell), Rave, and Tidemann and Representatives Cronin, Carson, Conzet, Erickson, Lust, Novstrup (David), and Romkema

    FOR AN ACT ENTITLED, An Act to repeal the state's membership in the multistate tax commission.

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

    SB 240 Introduced by: Senators Begalka and Frerichs and Representatives Peterson, Qualm, and Tyler

    FOR AN ACT ENTITLED, An Act to provide townships the authority to impose real estate transfer fees.

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

    SB 241 Introduced by: Senator Lederman and Representatives Miller and Bolin

    FOR AN ACT ENTITLED, An Act to make an appropriation for an invasive species research project conducted by South Dakota State University.

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

    SB 242 Introduced by: Senators Lederman and Buhl and Representatives Werner, Bolin, Hawley, Rounds, and Westra

    FOR AN ACT ENTITLED, An Act to increase the number of video lottery machines that may be placed in a licensed establishment.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1028: FOR AN ACT ENTITLED, An Act to repeal the requirement that a minor be accompanied by an adult while hunting mourning doves.

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

    HB 1033: FOR AN ACT ENTITLED, An Act to authorize the Department of Social Services to dismantle, demolish, preserve, or rehabilitate buildings on the Human Services

Center campus in Yankton, South Dakota, to make an appropriation therefor, and to declare an emergency.

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

    HB 1038: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, dentists, and physician assistants who have complied with the requirements of the recruitment assistance program.

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

    HB 1050: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to the suppression of mountain pine beetles, to establish a cost share program with the counties in the state, and to declare an emergency.

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

    HB 1069: FOR AN ACT ENTITLED, An Act to increase the administrative assessment fee for the guarantee fund.

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

    HB 1075: FOR AN ACT ENTITLED, An Act to revise the membership of the Legislative Planning Committee.

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

    HB 1086: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the publication of certain records by cooperatives.

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

    HB 1090: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches from sales tax.

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

    HB 1091: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the labeling of motor fuel at a retail fuel pump.

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


    HB 1117: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary special events lot for the purposes of vehicle dealer licensing.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 103: FOR AN ACT ENTITLED, An Act to remove the required waiting period before cremated remains may be released to be scattered.

    Was read the second time.

    The question being “Shall SB 103 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the requirements for school bus inspection and to authorize the Highway Patrol to approve school bus inspectors.

    Was read the second time.

    The question being “Shall SB 41 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)

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

    SB 17: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

    Was read the second time.

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    Sen. Tidemann moved that SB 17 be amended as follows:

    On page 1, line 6, of the printed bill, delete "(4)" and insert "(5)".

    Which motion prevailed.

    The question being “Shall SB 17 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)

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

    SB 22: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction and renovation of certain office buildings in Rapid City for the Department of Agriculture and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 22 pass?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Maher

    Excused:
Buhl; Hunhoff (Jean)

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

    SB 27: FOR AN ACT ENTITLED, An Act to revise previous session laws related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 27 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)


    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.

    President Michels presiding.

    SB 90: 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 second time.

    The question being “Shall SB 90 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)

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

    SB 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the production incentive payment available to ethanol producers.

    Was read the second time.

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    Sen. Olson moved that SB 85 be amended as follows:

    On page 2, after line 16 of the printed bill, insert:

    "Section 2.That § 10-47B-166 be amended to read as follows:

    10-47B-166. Ethyl alcohol shall be denatured before it qualifies for the ethanol production incentive payment. A producer may denature the alcohol by adding gasoline or natural gasoline to it in amounts equal to at least two gallons of gasoline or natural gasoline for each ninety-eight

gallons of alcohol. The alcohol may also be denatured by any other method common in the industry if the secretary is notified in writing of the method of denaturing before the denaturing occurs. If the ethyl alcohol is to be shipped outside of the United States of America, the ethyl alcohol does not need to meet the provisions of this section to qualify for the ethanol production incentive payment. "


    Which motion prevailed.

    The question being “Shall SB 85 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Ewing; Frerichs; Heineman (Phyllis); Holien; 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

    Excused:
Buhl; Hunhoff (Jean)

    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 18: FOR AN ACT ENTITLED, An Act to authorize the Department of Agriculture to construct a 4-H exhibit hall in Huron and to make an appropriation therefor.

    Was read the second time.

    The question being “Shall SB 18 pass as amended?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Maher

    Excused:
Buhl; Hunhoff (Jean)

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

    SB 19: FOR AN ACT ENTITLED, An Act to authorize the Department of Agriculture to construct a housing unit in Huron, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 19 pass as amended?”

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Johnston; Maher; Monroe; Otten (Ernie)

    Excused:
Buhl; Hunhoff (Jean)

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

    SB 59: FOR AN ACT ENTITLED, An Act to prohibit the disposal of certain oil and gas field wastes.

    Was read the second time.

    The question being “Shall SB 59 pass as amended?”

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Heineman (Phyllis); Jensen; Jones; Kirkeby; Krebs; Lederman; Lucas; Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Brown; Holien; Johnston; Maher; Monroe; Novstrup (Al); Olson (Russell)

    Excused:
Buhl; Hunhoff (Jean)

    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 53: FOR AN ACT ENTITLED, An Act to expand the application of the farm decal system.

    Was read the second time.

    The question being “Shall SB 53 pass?”

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

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

    Nays:
Ewing; Holien; Peters

    Excused:
Buhl; Hunhoff (Jean)

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

    Was read the second time.

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    Sen. Brown moved that SB 78 be amended as follows:

    On page 2, line 6, of the printed bill, after "49" insert "of the Code of Federal Regulations".

    Which motion prevailed.

    The question being “Shall SB 78 pass as amended?”

    And the roll being called:

    Yeas 23, Nays 9, Excused 3, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Ewing; Frerichs; Heineman (Phyllis); Jensen; Jones; Kirkeby; Krebs; Lucas; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White

    Nays:
Brown; Holien; Johnston; Maher; Monroe; Peters; Rampelberg; Rave; Van Gerpen

    Excused:
Buhl; Hunhoff (Jean); Lederman

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

    The question being on the title.

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    Sen. Vehle moved that the title to SB 78 be amended as follows:

    On page 1, line 2, of the printed bill, after "passengers" insert "and to update certain references to federal statutes".

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 46: FOR AN ACT ENTITLED, An Act to repeal certain outdated statutes and cross references related to the Department of Health.

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

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

    HB 1036: FOR AN ACT ENTITLED, An Act to prohibit retention of certain administration costs for untimely 911 surcharge remittances.

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

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

    And signed the same in the presence of the Senate.

    Sen. Jones moved that the Senate do now adjourn, which motion prevailed and at 3:56 p.m. the Senate adjourned.

Jeannette Schipper, Secretary