JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 11, 2014

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

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

Roll Call: All members present except Sen. Curd 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 seventeenth 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.

COMMUNICATIONS AND PETITIONS

January 16, 2014

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Scott A. Vance, Meade County, Faith, South Dakota, to the State Brand Board.

    This appointment is effective immediately, and shall continue until January 1, 2017.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

January 22, 2014

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Julie A. Mathiesen, Meade County, Sturgis, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2016.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Education.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 85 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, after "Information" insert ", if maintained,".

On page 1, line 11, after "intelligence" overstrike "or" and insert ",".

On page 1, line 11, after "investigation" insert ", or identity information associated with a mental health or a chemical dependency or abuse intervention".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 143 and returns the same with the recommendation that said bill be amended as follows:

On page 5 of the printed bill, delete lines 3 to 5, inclusive, and insert:

"Section 8. It is not an unfair or deceptive trade practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent pursuant to the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, if it is reasonable to believe that the person from whom compensation is sought may owe such compensation.".

And that as so amended said bill do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the printed bill, delete line 20, and insert "may subject an animal to cruelty. A violation".

On page 4, line 15, after "necessary" insert "for law enforcement officers".

On page 4, line 19, overstrike "or agent".

On page 6, delete lines 21 and 22, and insert "personnel following guidelines, regulations, or requirements established by the ~~National Institute of Health and the~~ United States Department of Agriculture and the United States Department of Health and Human Services. Any experiments or scientific".

On page 8, between lines 10 and 11, insert:

"Section 17. That § 40-1-21 be amended to read as follows:

40-1-21. No person may intentionally kill any animal of any age or value, the property of another, nor intentionally injure or mistreat any such animal. A violation of this section is a Class 1 misdemeanor. This section may not be construed to prevent euthanasia by a licensed veterinarian with proper authority from the animal's owner nor may it prevent acts of euthanasia authorized by this chapter. This section may not be construed to prohibit euthanasia conducted by the municipality or under a municipality's animal control activities. This section may not be construed to prohibit activities conducted under chapter 40-34. ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 104 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13, of the printed bill, after "light" insert "and night vision equipment".

On page 1, line 14, overstrike ".22 caliber".

On page 2, line 1, remove the overstrikes from "~~and~~".

On page 2, line 5, delete "; and" and insert ".".

On page 2, delete lines 6 and 7.

On page 2, delete lines 12 to 24, inclusive.

On page 1, line 1, of the printed bill, delete "artificial light" and insert "night vision equipment".

And that as so amended said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 154 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 182 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 Education respectfully reports that it has had under consideration SB 178 which was tabled.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 131 and 144 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1048, 1053, and 1080 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 Commerce and Energy respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 16, of the printed bill, delete "this Act" and insert "title 35".

And returns the same without recommendation.

Respectfully submitted,
Ried S. Holien, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1071, 1101, 1130, 1133, 1143, 1158, 1180, and 1199 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 1 in which the House has concurred.

Also MR. PRESIDENT:

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

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Heineman (Phyllis) announced her intention to reconsider the vote by which SB 127 lost.

Sen. Heineman (Phyllis) moved that the Senate do now reconsider the vote by which SB 127 lost.

The question being on Sen. Heineman's (Phyllis) motion to reconsider the vote by which SB 127 lost.

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Ewing; Omdahl; Peters; Tidemann

Excused:
Curd

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 127 was up for reconsideration and final passage.

Sen. Rave moved that SB 127 be deferred to Tuesday, February 18, the 21^st legislative day.

Which motion prevailed.

SCR 2 Introduced by: Senators Jensen, Begalka, Curd, Krebs, Lederman, Maher, Monroe, and Omdahl and Representatives May, Anderson, Bolin, Campbell, Ecklund, Haggar (Don), Haggar (Jenna), Hoffman, Kaiser, Kopp, Latterell, Nelson, Olson (Betty), Qualm, Russell, Schaefer, Stalzer, Steele, and Wick

A CONCURRENT RESOLUTION, Expressing concern relating to the Common Core State Standards.

WHEREAS, the Common Core State Standards (CCSS) are a set of academic standards, promoted and supported by two private membership organizations, the National Governor's Association (NGA) and the Council of Chief State School Officers (CCSSO), as a method that

requires American students to conform to uniform, one size fits all, achievement goals to make them more competitive in a global marketplace; and

WHEREAS, the NGA and the CCSSO received tens of millions of dollars from private third parties to advocate for and develop the CCSS strategy and subsequently created the CCSS through a process that was not subject to any freedom of information acts or other sunshine laws; and

WHEREAS, even though federal law prohibits the federalizing of curriculum, the Obama Administration accepted the CCSS plan and used 2009 Stimulus Bill money to reward the states that were most committed to the president's CCSS agenda, but they failed to give states, their legislatures, and their citizens time to evaluate the CCSS before having to commit to them; and

WHEREAS, the NGA and CCSSO in concert with the same corporations developing the CCSS assessments have created new textbooks, digital media, and other teaching materials aligned to the standards, which must be purchased and adopted by local school districts in order that students may effectively compete on CCSS assessments; and

WHEREAS, the CCSS program includes federally funded testing and the collection and sharing of massive amounts of personal student and teacher data; and

WHEREAS, the CCSS effectively removes educational choice and competition since all schools and all districts must use Common Core assessments based on the Common Core standards to allow all students to advance in the school system and to advance to higher education pursuits:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Ninth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature does not believe in a one size fits all approach to education and supports providing broad education choices to parents and children at the state and local level, which is best based on a free market approach to education for students to achieve individual excellence; and

BE IT FURTHER RESOLVED, that the Legislature recognizes the CCSS for what it is, an inappropriate overreach to standardize and control the education of our children so they will conform to a preconceived normal; and

BE IT FURTHER RESOLVED, that the Legislature rejects the collection of personal student data for any noneducational purpose without the prior written consent of an adult student or a child student's parent, and that it rejects the sharing of such personal data, without the prior written consent of an adult student or a child student's parent, with any person or entity other than schools or education agencies within the state; and

BE IT FURTHER RESOLVED, that the Legislature recognizes the need to repeal the numerous federal regulations that interfere with state and local control of public schools. Therefore, the Legislature rejects this CCSS plan which creates and fits the country with a nationwide straitjacket on academic freedom and achievement.

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

HCR 1015: A CONCURRENT RESOLUTION, In support of protecting American sovereignty and defending individual second amendment rights from United Nations interference.

Was read the first time, the President waived the referral to committee, and placed HCR 1015 on the calendar of Wednesday, February 12, the 19^th legislative day.

SCR 3 Introduced by: Senators Peters, Brown, Frerichs, Heineman (Phyllis), Jones (Tom), Krebs, Lucas, Maher, Novstrup (Al), Otten (Ernie), Rave, Solano, Sutton, Tidemann, Van Gerpen, and White and Representatives Cronin, Bolin, Carson, Dryden, Gosch, Greenfield, Haggar (Don), Hawley, Hoffman, Lust, Mickelson, Novstrup (David), Ring, Romkema, Werner, Westra, Wick, and Wismer

A CONCURRENT RESOLUTION, Urging the members of the South Dakota Congressional delegation to sponsor and support the Marketplace Fairness Act, or similar legislation that would grant the states authority to collect sales and use tax on remote sales.

WHEREAS, the 1967 Bellas Hess and the 1992 Quill Supreme Court decisions denied states the authority to require the collection of sales and use taxes by businesses that have no physical presence in the taxing state; and

WHEREAS, the ability of consumers to make purchases from remote sellers that have no physical presence has become significantly more accessible via the internet, and the sales tax base is eroding as consumers are altering their purchasing habits; and

WHEREAS, the constraints imposed by the Supreme Court's decisions threaten the future viability of the sales tax as a revenue source for state and local governments in this changing market for consumer goods and services; and

WHEREAS, the federal government continues to shift program and financial responsibilities to the states, but the inaction of Congress to permit states to require sales and use tax collection on remote sales limits the states' ability to raise revenues for the funding of such programs from one of the major state revenue sources; and

WHEREAS, if Congress were to act on this matter, it would provide fiscal relief for the states without costing the federal government a single cent or otherwise affect the federal budget; and

WHEREAS, the Streamlined Sales and Use Tax Agreement provided the states with one viable blueprint to create a simplified and more uniform sales and use tax collection system. The states and the business community have worked for over ten years to simplify state and local sales and use tax systems by establishing common definitions, sourcing rules, and other factors to provide a streamlined system for the twenty-first century; and

WHEREAS, the Legislature of South Dakota and our colleagues in the other states have shown the resolve to acknowledge the complexities of the current sales and use tax collection system, have worked with the business community to formulate a truly simplified and streamlined collection system, and have shown the political will to enact the necessary changes to make the streamlined collection system the law; and

WHEREAS, as of February 2014, twenty-four states, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming, have enacted legislation to bring their states' sales and use tax statutes into compliance with the Agreement; and

WHEREAS, the Center for Business and Economic Research at the University of Tennessee estimated that South Dakota lost over $60.8 million in 2012 and that state and local governments nationally lost over $23 billion in 2012 because they were not able to collect taxes on remote sales; and

WHEREAS, the Marketplace Fairness Act grants states that comply with the agreement the authority to require sellers, regardless of nexus, to collect those states' sales and use taxes; and

WHEREAS, the Marketplace Fairness Act for the first time would provide a comprehensive national solution to the sales tax collection by permitting states that are unable to join the agreement to enact sales and use tax simplifications and be granted authority to require collection of taxes on remote sales, thereby removing the potential for competitive advantage among the states; and

WHEREAS, the Marketplace Fairness Act will create fair market competition between traditional and online only retailers which will enable South Dakota businesses to grow and expand resulting in more jobs and continued economic growth for South Dakota; and

WHEREAS, the Marketplace Fairness Act will allow South Dakota small businesses to compete fairly in order to sustain and increase the fifty-two thousand retail jobs throughout the state; and

WHEREAS, the United States Senate understands the importance of the Marketplace Fairness Act to main street retailers and to state and local governments and overwhelmingly passed it on May 6, 20l3, 69-27; and

WHEREAS, until Congress and the President enact legislation to permit states to require collection of tax on remote sales, participation by remote sellers will only ever be voluntary making it unlikely that the states will close the sales and use tax gap between what is owed on remote transactions and what is collected:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Ninth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature of South Dakota calls upon the members of our congressional delegation, Senators Tim Johnson and John Thune, and Representative Kristi Noem to support the Marketplace Fairness Act; and

BE IT FURTHER RESOLVED, that the Legislature of South Dakota expresses its appreciation and gratitude to Senators Tim Johnson and John Thune for supporting and passing the Marketplace Fairness Act in the United States Senate and to Representative Kristi Noem for cosponsoring the Marketplace Fairness Act in the House of Representatives; and

BE IT FURTHER RESOLVED, that the Legislature of South Dakota urges President Barack Obama to sign into law legislation granting the states authority to collect sales and use tax on remote sales, upon its passage by the Congress.

Was read the first time, the President waived the referral to committee, and placed SCR 3 on the calendar of Wednesday, February 12, the 19^th legislative day.

HCR 1013: A CONCURRENT RESOLUTION, Commemorating the 200^th anniversary of the War of 1812 and "The Star Spangled Banner", and recognizing the historical significance, heroic human endeavor, and sacrifices of members of the United States Army, Marine Corps, Navy, Revenue Marine Service, and state militias, during and since the War of 1812.

Was read the second time.

Sen. Welke moved that the Senate do concur in HCR 1013 as found on page 308 of the House Journal.

The question being on Sen. Welke's motion that HCR 1013 be concurred in.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Curd

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1013 was concurred in.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1071: FOR AN ACT ENTITLED, An Act to change the procedure for a minor boundary change.

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

HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the board of directors of the Science and Technology Authority.

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

HB 1130: FOR AN ACT ENTITLED, An Act to authorize the use of crossbows for hunting big game animals during the firearm season.

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

HB 1133: FOR AN ACT ENTITLED, An Act to repeal or revise certain provisions concerning townships.

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

HB 1143: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding unemployment insurance benefit eligibility of workers attending approved training.

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

HB 1158: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

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

HB 1180: FOR AN ACT ENTITLED, An Act to provide that no entity that places children for adoption or performs abortions may be registered as a pregnancy help center.

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

HB 1199: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding family law.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Rave moved that SB 116 be deferred to Wednesday, February 12, the 19^th legislative day.

Which motion prevailed.

SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning purchases, sales, and contracts made by public officers with the state or its political subdivisions and to revise certain provisions concerning agreements or other transactions of the South Dakota Housing Development Authority.

Was read the second time.

Sen. Brown moved that SB 82 be amended as follows:

On page 3, after line 13 of the printed bill, insert:

"Section 3. That § 11-11-34 be amended to read as follows:

11-11-34. The authority may enter into agreements or other transactions with, administer programs of, and accept grants and the cooperation of, the United States or any agency or instrumentality thereof or of the state or any agency or instrumentality thereof or of any other state or any agency or instrumentality thereof in furtherance of the purposes of this chapter and to do any and all things necessary in order to avail itself of such aid and cooperation.

Section 4. That subdivision (3) of § 11-11-102 be amended to read as follows:

(3) Make and execute contracts with mortgage bankers or, other financial institutions, or government agencies in this state, or outside this state if none which are qualified are located within this state, for the servicing of mortgages acquired by the authority pursuant to this chapter, and pay the reasonable value of services rendered to the authority pursuant to those contracts; ".

Which motion prevailed.

The question being "Shall SB 82 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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.

Sen. Brown moved that the title to SB 82 be amended as follows:

On page 1, line 2, of the printed bill, after "subdivisions" insert "and to revise certain provisions concerning agreements or other transactions of the South Dakota Housing Development Authority".

Which motion prevailed and the title was so amended.

SB 25: FOR AN ACT ENTITLED, An Act to establish the procedure to forfeit personal property in child pornography, human trafficking, child solicitation or exploitation cases, and to direct money from the forfeitures.

Was read the second time.

The question being "Shall SB 25 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Tieszen

Excused:
Curd

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 97: FOR AN ACT ENTITLED, An Act to revoke professional or trade licensure obtained through false degrees.

Was read the second time.

The question being "Shall SB 97 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 59: FOR AN ACT ENTITLED, An Act to increase the penalty for the trafficking of vehicle license plates and decals, to prohibit and provide a penalty for the unauthorized transfer of a vehicle license plate or decal, and to impose a penalty for altering or forging certain vehicle registration cards.

Was read the second time.

The question being "Shall SB 59 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Begalka; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Bradford

Excused:
Curd

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 provisions regarding the titling and licensing of boats and motor vehicles and to establish certain penalties for violation of those provisions.

Was read the second time.

The question being "Shall SB 60 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 115: FOR AN ACT ENTITLED, An Act to provide for travel insurance and regulate travel insurance retailers.

Was read the second time.

The question being "Shall SB 115 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 54: FOR AN ACT ENTITLED, An Act to revise the definition of a boat dealer, used vehicle dealer, and dealer of mobile homes or manufactured homes, and to revise certain penalties for selling motor vehicles, snowmobiles, mobile homes, manufactured homes, or boats without a license.

Was read the second time.

The question being "Shall SB 54 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 15: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, construct, furnish, and equip a football stadium facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall SB 15 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of tobacco.

Was read the second time.

The question being "Shall SB 51 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Holien; Monroe; Rhoden

Excused:
Curd

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 163: 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 second time.

Sen. Lucas moved that SB 163 be further amended as follows:

On page 2, line 19, of the Senate State Affairs Committee engrossed bill, before "consumption" insert "illegal".

Which motion prevailed.

The question being "Shall SB 163 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Holien; Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Monroe; Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Brown; Ewing; Hunhoff (Jean); Maher; Novstrup (Al); Peters; Soholt

Excused:
Curd

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 167: FOR AN ACT ENTITLED, An Act to revise the title of the task force responsible for implementing and overseeing the assessment of agricultural land and to assign the task force certain other oversight responsibilities.

Was read the second time.

The question being "Shall SB 167 pass?"

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Brown; Heineman (Phyllis); Holien; Jensen; Lederman; Novstrup (Al); Omdahl; Peters; Tieszen

Nays:
Begalka; Bradford; Buhl O'Donnell; Ewing; Frerichs; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lucas; Maher; Monroe; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Van Gerpen; Vehle; Welke; White

Excused:
Curd

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

Sen. Rave moved that SB 150, 142, 169, and 39 and HB 1061, 1029, 1012, 1015, 1045, 1058, and 1079 be deferred to Wednesday, February 12, the 19^th legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Kelly J. Duncan of Clay County, Vermillion, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the re-appointment of Kelly J. Duncan.

Respectfully submitted,
Deb Soholt, Chair

SC 17 Introduced by: Senators Otten (Ernie), Brown, Lederman, Lucas, and Van Gerpen and Representatives Otten (Herman), Latterell, Stalzer, Tyler, and Verchio

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the Tea Weekly and the Lennox Independent writers for receiving numerous first place awards at the South Dakota/North Dakota Newspaper Associations' Convention.

WHEREAS, the Tea Weekly and the Lennox Independent writers received first place in the following categories: Publisher and Advertising Manager, Kelli Bultena; Publisher and Editor, Debbie Schmidt; Sports Editor, Anne Homan; and Reporter, Erica Gaspar:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Tea Weekly and the Lennox Independent writers be congratulated and commended for receiving numerous first place awards, be recognized for their exceptional writing skills and hard work, and extends best wishes for their continued success.

Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at 3:53 p.m. the Senate adjourned.

Jeannette Schipper, Secretary