JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




FOURTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 29, 2008

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

     The prayer was offered by the Chaplain, Rev. Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate page Alexis Perry and Kayla Lapka.

     Roll Call: All members present except Sen. Lintz 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 thirteenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  201 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  122, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  153 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

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

181ca

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

    " Section 1.  There is hereby established the South Dakota secondary teacher tuition reimbursement program.

          Section 2.  Any secondary teacher who is fully certified pursuant to chapter 13-42 and agrees to teach for a period of at least five academic years in a local school district in an area of critical need as defined by the secretary of education is eligible to participate in the South Dakota secondary teacher tuition reimbursement program.

          Section 3.  Each participating teacher who fulfills the requirements of the program is entitled to receive tuition reimbursement in an amount equal to the resident tuition which the teacher would have paid if the teacher had attended a state university during the teacher's four most recently completed academic years. The amount of reimbursement does not include any interest incurred by the participating teacher.

          Section 4.  Any agreement for the reimbursement of tuition pursuant to this Act shall obligate the school district to pay a portion of the reimbursement. When the school district

certifies to the secretary of education that it has paid the full amount for which it is obligated, the secretary of the Department of Education shall pay to the teacher the remaining balance of the total tuition reimbursement amount. Reimbursement shall be paid by the department upon the teacher's completion of the five years of teaching as required in this Act. However, the school district may pay its share of tuition reimbursement in installments during the required five-year period.

          Section 5.  The portion of the tuition reimbursement which the school district shall pay pursuant to this Act is as follows:

                 (1)    For any sparse school district as defined in § 13-13-78 or any school district with a fall enrollment as defined in § 13-13-10.1 of at least one hundred, but not more than two hundred, the school district's share of any tuition reimbursement is twenty-five percent;

                 (2)    For any school district that is not sparse and has a fall enrollment greater than two hundred, but less than six hundred, the school district's share of any tuition reimbursement is fifty percent; and

                 (3)    For any school district that has a fall enrollment of six hundred or greater, the school district's share of any tuition reimbursement is seventy-five percent.

          Section 6.  Any school district participating in a tuition reimbursement agreement pursuant to this Act is eligible to receive funds, based upon the school district's fall enrollment, from the teacher compensation assistance program established in § 13-3-73 to assist the district in paying its portion of the tuition reimbursement.

          Section 7.  No tuition reimbursement agreement entered into pursuant to this Act is effective until it is filed with and approved by the secretary of education.

          Section 8.  No teacher is eligible to participate in the tuition reimbursement program established in this Act if the teacher previously participated in the program or any other federal or state financial assistance program which obligates the teacher to teach in a specific subject area or geographic region.

          Section 9.  The Department of Education shall promulgate rules pursuant to chapter 1-26 to define areas of critical need for the purposes of this Act, to establish timelines and criteria for the approval of tuition reimbursement agreements, and to provide for the certification of the tuition reimbursement payments made by a school district."

181cta

         On page 1, line 2, of the printed bill, delete everything after "reimbursement" and insert "program."

    And that as so amended said bill be referred to the Committee on Appropriations.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  179 which was tabled.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  169 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 162 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 173 and returns the same with the recommendation that said bill be amended as follows:

173ta

         On page 1, line 6, of the printed bill, delete "49-9A-3" and insert "47-9A-3".

    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 170, 171, and 184 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill do pass.



Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 108 and returns the same with the recommendation that said bill be amended as follows:

108oa

         On page 1, line 9, of the printed bill, delete everything after "." and insert "No such indication of E85 services on a business sign may be subject to any additional fee".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 185 which was tabled.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  145, 146, 166, and 195 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1008, 1017, 1038, 1051, 1052, 1053, 1071, 1090, 1114, 1118, 1126, 1132, 1169, 1170, 1174, and 1181 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk


MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Gray announced his intention to reconsider the vote by which SB 151 passed.

     Sen. Gray moved that the Senate do now reconsider the vote by which SB 151 passed.

     The question being on Sen. Gray's motion to reconsider the vote by which SB 151 passed.

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent 0

     Yeas:
Dempster; Gant; Garnos; Gray; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Katus; Nesselhuf; Peterson (Jim); Smidt (Orville); Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Apa; Bartling; Duenwald; Greenfield; Hansen (Tom); Hauge; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Sutton

     Excused:
Lintz

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

     Sen. Knudson moved that HCR 1001 be deferred to Wednesday, January 30, the 15th legislative day.

     Which motion prevailed.

     Sen. Heidepriem moved that the Committee on Commerce be instructed to deliver SB 195 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Local Government on SB 95 as found on page 230 of the Senate Journal ; also



     Judiciary on SB 102 as found on page 228 of the Senate Journal
; also

     Judiciary on SB 123 as found on page 240 of the Senate Journal ; also

     Judiciary on SB 136 as found on page 241 of the Senate Journal ; also

     Local Government on SB 163 as found on page 231 of the Senate Journal ; also

     State Affairs on SB 190 as found on page 230 of the Senate Journal be adopted.

     Which motion prevailed.

     Sen. Duenwald moved that the word NOT be stricken from the report of the Committee on Health and Human Services on SB 88 as found on page 232 of the Senate Journal and that SB 88 be placed at the top of today's calendar.

     The question being on Sen. Duenwald's motion that the word NOT be stricken from the report of the Committee on Health and Human Services on SB 88 and that SB 88 be placed at the top of today's calendar.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Kloucek; Koetzle; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton

     Nays:
Dempster; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Knudson; McCracken; Nesselhuf; Olson (Ed); Turbak Berry; Two Bulls

     Excused:
Lintz

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, and SB 88 was placed at the top of today's calendar.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1008: FOR AN ACT ENTITLED, An Act to update and revise certain provisions relating to the Abstracters' Board of Examiners.

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



     HB 1017: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the taxation of products transferred electronically.

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

     HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding accident reports and insurance premium increases involving the operators of emergency snow removal equipment.

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

     HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts.

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

     HB 1052: FOR AN ACT ENTITLED, An Act to define an inpatient hospice and residential hospice as a health care facility.

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

     HB 1053: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

     HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the permissible costs payable from the fire suppression special revenue fund.

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

     HB 1090: FOR AN ACT ENTITLED, An Act to require that most records and applications regarding a child reference the names and addresses of both parents.

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

     HB 1114: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the definition and operation of farm wineries.


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

     HB 1118: FOR AN ACT ENTITLED, An Act to authorize the issuance of special off-sale package wine dealers licenses.

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

     HB 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of on-sale wine licenses and the sale of wine.

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

     HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the circumstances under which children may be held in temporary custody.

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

     HB 1169: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the contractor's excise tax for isolated or occasional realty improvements.

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

     HB 1170: FOR AN ACT ENTITLED, An Act to allow pneumatic tires with retractable studs to be used upon highways year round.

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

     HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the composition of water development district boards of directors.

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

     HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning information related to the assessment of property that is to be provided by the director of equalization.

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


SECOND READING OF CONSENT CALENDAR ITEMS

     SB 83: FOR AN ACT ENTITLED, An Act to repeal a medical malpractice limitation applicable to minors aged six or over.

     Was read the second time.

     The question being "Shall SB 83 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

     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 85: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the trust business in banks and the trust company business.

     Was read the second time.

     The question being "Shall SB 85 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz


     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 92: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the classification and taxation of real property.

     Was read the second time.

     The question being "Shall SB 92 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

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

     HB 1007: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain taxation and revenue statutes.

     Was read the second time.

     The question being "Shall HB 1007 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz


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

     HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the bank franchise tax.

     Was read the second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

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

     HB 1021: FOR AN ACT ENTITLED, An Act to create the South Dakota Retirement System supplemental pension benefit.

     Was read the second time.

     The question being "Shall HB 1021 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz


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

     HB 1022: FOR AN ACT ENTITLED, An Act to revise the South Dakota Retirement System's contested case provisions.

     Was read the second time.

     The question being "Shall HB 1022 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

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

     HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan and the South Dakota special pay retirement program.

     Was read the second time.

     The question being "Shall HB 1023 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz



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

     HB 1024: FOR AN ACT ENTITLED, An Act to revise the definition of child for the purposes of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall HB 1024 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

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

     HB 1025: FOR AN ACT ENTITLED, An Act to bring the South Dakota Retirement System's annual benefit improvement for certain firefighters in line with the improvement for other members.

     Was read the second time.

     The question being "Shall HB 1025 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz



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

     HB 1108: FOR AN ACT ENTITLED, An Act to repeal the election equipment replacement fund and to transfer the existing balance to the state general fund.

     Was read the second time.

     The question being "Shall HB 1108 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

     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 88: FOR AN ACT ENTITLED, An Act to require abortion facilities to offer sonograms to pregnant women under certain circumstances.

     Was read the second time.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Kloucek; Koetzle; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton


     Nays:
Dempster; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Knudson; McCracken; Nesselhuf; Olson (Ed); Turbak Berry; Two Bulls

     Excused:
Lintz

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

     Sen. Knudson moved that SB 107 be deferred to Wednesday, January 30, the 15th legislative day.

     Which motion prevailed.

     SB 46: FOR AN ACT ENTITLED, An Act to increase certain license fees for grain buyers and grain warehouses.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Greenfield; Napoli

     Excused:
Lintz

     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 49: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.



     The question being "Shall SB 49 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

     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 57: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a roadway on the campus of the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 57 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Kloucek; Koetzle

     Excused:
Lintz

     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 77: FOR AN ACT ENTITLED, An Act to repeal the provision that prohibits radio or televison broadcasting or taking of photographs of judicial proceedings from courtrooms.

     Was read the second time.

    The President Pro tempore now presiding.

     The question being "Shall SB 77 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Olson (Ed); Schmidt (Dennis)

     Excused:
Lintz

     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 82: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

     Was read the second time.

     The President now presiding.

     The question being "Shall SB 82 pass?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0


     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak Berry; Two Bulls

     Nays:
Duenwald; Greenfield; Kloucek; Napoli; Schmidt (Dennis); Smidt (Orville)

     Excused:
Lintz

     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 93: FOR AN ACT ENTITLED, An Act to revise the uniform commercial code.

     Was read the second time.

     The question being "Shall SB 93 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

     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 133: FOR AN ACT ENTITLED, An Act to require that any adult arrested for a qualifying offense provide a DNA sample.

     Was read the second time.

     The question being "Shall SB 133 pass?"

     And the roll being called:


     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz

     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 188: FOR AN ACT ENTITLED, An Act to establish high performance building design and construction standards for newly constructed or renovated state-owned buildings.

     Was read the second time.

188oa

     Sen. Katus moved that SB 188 be amended as follows:

         On page 3, after line 10 of the printed bill, insert:

    "Section 8. It is recommended by the Legislature that any building project or renovation project that involves the construction or renovation of a school district facility shall be designed and constructed or renovated so that the facility meets or exceeds the LEED silver standard.

         Section 9. The Bureau of Administration shall establish and appoint members to an advisory committee to make recommendations to and advise the bureau on the implementation of the design and construction specifications required by this Act. The advisory committee shall include representatives of:

                 (1)    The design and construction industry involved in public building contracts;

                 (2)    The Department of Education;

                 (3)    The Board of Regents;

                 (4)    Institutions of higher education;

                 (5)    Public school districts."

     Sen. Katus requested a roll call vote.


     Which request was supported.

     The question being on Sen. Katus' motion that SB 188 be amended.

     And the roll being called:

     Yeas 17, Nays 18, Excused 1, Absent 0

     Yeas:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; McCracken; McNenny; Schmidt (Dennis); Smidt (Orville)

     Excused:
Lintz

    The President voted Nay.

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

     The question now being "Shall SB 188 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Duenwald; Greenfield; McNenny

     Excused:
Lintz

     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 199: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings.

     Was read the second time.

     The question being "Shall SB 199 pass?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Jerstad; Katus; Knudson; McCracken; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

     Nays:
Abdallah; Dempster; Garnos; Heidepriem; Hoerth; Hundstad; Kloucek; Koetzle; Maher; Nesselhuf; Olson (Ed); Turbak Berry

     Excused:
Lintz

     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 200: FOR AN ACT ENTITLED, An Act to establish a statewide trauma system.

     Was read the second time.

     The question being "Shall SB 200 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

     Nays:
Apa; Greenfield; Turbak Berry

     Excused:
Lintz



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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1019: FOR AN ACT ENTITLED, An Act to provide benefit formula improvements for the members of the South Dakota Retirement System.

     Was read the second time.

     The question being "Shall HB 1019 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz; Nesselhuf

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

     HB 1020: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Retirement System Board of Trustees to establish an automatic enrollment feature within the South Dakota deferred compensation plan.

     Was read the second time.

     The question being "Shall HB 1020 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls



     Excused:
Gray; Lintz; Nesselhuf

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

SIGNING OF BILLS

     The President publicly read the title to

     HB 1039: FOR AN ACT ENTITLED, An Act to  remove a segment of State Highway 25 in Hanson County from the state trunk highway system.

     HB 1040: FOR AN ACT ENTITLED, An Act to  remove a segment of State Highway 314 in Yankton County from the state trunk highway system.

     HB 1045: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the calculation of state aid to special education.

     HB 1050: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding Indian education.

     And signed the same in the presence of the Senate.

     Sen. McCracken moved that the Senate do now adjourn, which motion prevailed and at 4:07 p.m. the Senate adjourned.

Trudy Evenstad, Secretary