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Senate Journal 2/4/2013 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION




SEVENTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 4, 2013

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

    The prayer was offered by the Chaplain, Rev. Don Block, followed by the Pledge of Allegiance led by Senate page Dylan Kirchmeier.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the sixteenth 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.
    The oath of office was administered by the President to the following named persons:

    Pages -- Savanna Anderson, Raegan Arnoldy, Daniel Keller, Dylan Kirchmeier, KayDe Roth, Logan Welker, Nolan Welker

COMMUNICATIONS AND PETITIONS

February 1, 2013

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 1, 2013, I approved Senate Bills 46, 54, and 63, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


January 31, 2013

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed Craig D. Johnson, Pennington County, Rapid City, South Dakota, as the Assistant Adjutant General, Army.

    This appointment was effective October 1, 2012.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.



REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 26, 37, 38, 58, and 70 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 115 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 the nomination of Gary D. Jensen of Rapid City, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of James C. Spies of Watertown, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 164 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair


Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 224 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 201 which was tabled.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SJR 2 and returns the same with the recommendation that said resolution be amended as follows:

j2fa

    On page 1, line 7, of the printed resolution, after "XI" delete ", sections 13 and 14 and Article XXIII, section 1".

    On page 2, delete lines 15 to 24, inclusive, and insert:

    "Section 4. That Article XI of the Constitution of the State of South Dakota, be amended by adding a NEW SECTION to read as follows:

    § 16. Amendments to this Constitution that have the effect of increasing the rate of taxation by the state, or that have the effect of imposing any new tax, or that have the effect of extending the imposition of a tax beyond the defined period of time for which it was imposed, or that further amend this section of the Constitution, may be proposed by initiative or by a majority vote of all members of each house of the Legislature. An amendment proposed by initiative shall require a petition signed by qualified voters equal in number to at least ten percent of the total votes cast for Governor in the last gubernatorial election. The petition containing the text of the proposed amendment and the names and addresses of its sponsors shall be filed at least one year before the next general election at which the proposed amendment is submitted to the voters. A proposed amendment may amend one or more articles and related subject matter in other articles as necessary to accomplish the objectives of the amendment.

    Any amendment to this Constitution that has the effect of increasing the rate of taxation by the state, or that has the effect of imposing any new tax, or that has the effect of extending the imposition of a tax beyond the defined period of time for which it was imposed, or that further amends this section of the Constitution, is deemed to be approved by the people only by consent of a two-thirds vote of the people."

    On page 3, delete lines 1 to 5, inclusive.
J2fta

    On page 1 of the printed resolution, delete line 2, and insert "amendments to Article XI of the".

    And that as so amended said resolution do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 121 and returns the same with the recommendation that said bill be amended as follows:

121ua

    On page 3 of the printed bill, delete lines 4 to 8, inclusive.

121fta

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

    On page 1, delete line 3.

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

Respectfully submitted,
Ryan Maher, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 105, 106, and 107 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 216 and returns the same with the recommendation that said bill be amended as follows:

216fa

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

    "Section 1. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

    There is hereby established within the Department of Public Safety a statewide standardized driver education program. The department shall design driver education programs, curriculum models of instruction, standardized testing methodology for students, standard training programs, and licensing and continuing education criteria for instructors. The South Dakota Board of Education may promulgate rules pursuant to chapter 1-26 regarding the driver education curriculum and licensing of instructors. The secretary of the Department of Public Safety may promulgate rules pursuant to chapter 1-26 to establish procedures for implementing the driver education program.

    Section 2. That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

    The position of driver education coordinator is created within the Department of Public Safety. The coordinator shall be responsible for establishing and continuing the driver education program as set forth in section 1 of this Act."

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill be amended as follows:

133fa

    On page 2, line 4, of the printed bill, delete "thirty" and insert "fourteen".

    On page 2, line 20, delete "month" and insert "months of December and January".

    On page 5, delete lines 9 and 10.

    On page 5, line 14, delete "with" and insert "within".

    On page 5, between lines 18 and 19, insert:

    "Section 10. The entity conducting the audit shall establish a written appeals process which shall include appeals of preliminary reports and final reports."


    Delete pages 6 to 9, inclusive

    On page 10, delete lines 1 to 7, inclusive.

    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 209 and returns the same with the recommendation that said bill be amended as follows:

209ja

    On page 1, line 7, delete "six" and insert "twelve".

    On page 3 of the printed bill, delete lines 2 to 14, inclusive.


    And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1001.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1049 and 1144 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 38, 58, and 70 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Brown moved that SB 76 be referred to the Committee on Education.

    Which motion prevailed.



CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce and Energy on SB 119 as found on page 287 of the Senate Journal; also

    Judiciary on SB 147 as found on page 288 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1049: FOR AN ACT ENTITLED, An Act to transfer the value added agriculture subfund from the Governor's Office of Economic Development to the Department of Agriculture.

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

    HB 1144: FOR AN ACT ENTITLED, An Act to permit the euthanization of deer that have been seriously injured in motor vehicle accidents.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Patrick L. Weber of Clay County, Vermillion , South Dakota, to the State Board of Regents.

    The question being “Does the Senate advise and consent to the executive appointment of Patrick L. Weber pursuant to the executive message as found on page 218 of the Senate Journal?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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


    So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 80: FOR AN ACT ENTITLED, An Act to reinstate certain provisions repealed in the Eighty-seventh Legislative Session regarding the accounting for federal impact aid.

    Was read the second time.

    The question being “Shall SB 80 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the students eligible for resident tuition benefits at universities controlled by the Board of Regents.

    Was read the second time.

    The question being “Shall HB 1012 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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



    HB 1064: FOR AN ACT ENTITLED, An Act to provide for certain methods of disbursement for school district flexible spending accounts.

    Was read the second time.

    The question being “Shall HB 1064 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the director's orders to hazardous insurers.

    Was read the second time.

    The question being “Shall HB 1051 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    HB 1054: FOR AN ACT ENTITLED, An Act to repeal certain rule-making authority for the director of insurance.

    Was read the second time.

    The question being “Shall HB 1054 pass?”



    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 56: FOR AN ACT ENTITLED, An Act to define a credit card bank and to revise certain provisions regarding the distribution of the bank franchise tax.

    Was read the second time.

56fb

    Sen. Maher moved that SB 56 be amended as follows:

    On page 1 of the printed bill, delete lines 6 to 8, inclusive, and insert:

    "Credit card bank," any financial institution that is subject to the tax imposed by this chapter that:

            (a)    Derives the majority of its income apportioned to this state from the use of credit cards, including income derived from fees, transactional costs, interest, and penalties, and also has total assets over ten billion dollars; or

            (b)    Was subject to the tax imposed by this chapter before July 1, 2013, and ninety-five percent of its tax receipts were historically distributed to the state general fund pursuant to § 10-43-76 before July 1, 2013."

    Which motion prevailed.

    The question being “Shall SB 56 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0


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

    Nays:
Lucas

    Excused:
Olson (Russell)

    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 139: FOR AN ACT ENTITLED, An Act to regulate certain market activity in a health exchange.

    Was read the second time.

139jb

    Sen. Holien moved that SB 139 be amended as follows:

    On page 2 of the Senate Commerce and Energy Committee engrossed bill, delete lines 11 to 17, inclusive.

    Which motion prevailed.

    The question being “Shall SB 139 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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


    SB 161: FOR AN ACT ENTITLED, An Act to authorize certain persons to perform limited equine dentistry procedures.



    Was read the second time.

    The question being “Shall SB 161 pass as amended?”

    And the roll being called:

    Yeas 15, Nays 20, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Jensen; Johnston; Kirkeby; Krebs; Maher; Monroe; Rampelberg; Rhoden; Sutton; Vehle

    Nays:
Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones; Lederman; Lucas; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rave; Soholt; Tidemann; Tieszen; Van Gerpen; Welke; White

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

    Sen. Rhoden announced his intention to reconsider the vote by which SB 161 lost.

    SB 145: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the content of annual property tax bill.

    Was read the second time.

145fb

    Sen. Novstrup moved that SB 145 be amended as follows:

    On page 1 of the printed bill, delete lines 7 and 8, and insert "sent to taxpayers may each taxpayer shall reflect the breakdown of the tax by tax levies each levy and the tax attributable to the levy and the tax bill shall also show the total levy and total tax amount for each taxing district. A definition shall".

    On page 2, line 3, overstrike everything after ".".

    On page 2, overstrike line 4.

    On page 2, line 5, overstrike everything before "The".

    Which motion prevailed.


    The question being “Shall SB 145 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

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

    Nays:
Lucas; Sutton

    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 117: FOR AN ACT ENTITLED, An Act to provide for an expedited endorsement of certain licenses, certificates, registrations, and permits for spouses of active duty military personnel.

    Was read the second time.

    The question being “Shall SB 117 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    SB 146: FOR AN ACT ENTITLED, An Act to provide for the collection of certain gaming taxes, penalties, and interest and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 146 pass?”


    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    SB 223: FOR AN ACT ENTITLED, An Act to clarify the open meetings requirement as applied to the Public Utilities Commission.

    Was read the second time.

    The question being “Shall SB 223 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    SB 168: FOR AN ACT ENTITLED, An Act to require that newborns be screened for congenital heart defects.

    Was read the second time.

    The question being “Shall SB 168 pass?”

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0


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

    Nays:
Begalka; Monroe; Novstrup (Al)

    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 8: 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 sports performance enhancement facility arena and a new outdoor track and soccer complex at the University of South Dakota and to make an appropriation therefor.

    Was read the second time.

    The question being “Shall SB 8 pass?”

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

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

    Nays:
Maher; Omdahl; Otten (Ernie)

    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 9: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to accept the donation of land from the University of South Dakota Foundation for the use and benefit of the University of South Dakota.

    Was read the second time.

    The question being “Shall SB 9 pass?”

    And the roll being called:



    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    SB 29: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to purchase land for use by the South Dakota Army National Guard, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 29 pass?”

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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

    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 30: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to construct a motor vehicle storage building in Sioux Falls, to make an appropriation therefor, and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 30 pass?”

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0



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

    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.

    Sen. Olson moved that SB 239, 159, and 174 and HB 1024, 1025, 1019, 1020, and 1091 be deferred to Tuesday, February 5, the 18th 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 State Affairs respectfully reports that it has had under consideration SB 185 and 200 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:

125ja

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

    "Section 1. That § 25-5-7.1 be amended to read as follows:

    25-5-7.1. In any custody dispute between parents, the court may order joint legal custody so that both parents retain full parental rights and responsibilities with respect to their child and so that both parents must confer on, and participate in, major decisions affecting the welfare of the child. In ordering joint legal custody, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child.

If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include the child's primary physical residence, child care, education, extracurricular activities, medical and dental care, religious instruction, the child's use of motor vehicles, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child. If the court awards joint legal custody, it may also order joint physical custody in such proportions as are in the best interests of the child, notwithstanding the objection of either parent.

    Section 2. That chapter 25-5 be amended by adding thereto a NEW SECTION to read as follows:

    If joint legal custody is awarded, pursuant to § 25-5-7.1, there is a rebuttable presumption that both parents have joint physical custody of their child. Joint physical custody of their child is defined as equal time sharing. The burden of overcoming the presumption rests on the parent challenging the presumption. The presumption may be overcome by demonstrating that joint physical custody would not be in the best interest of the child, that the distance between the two parents' residences makes joint physical custody reasonably impractical, or by one parent waiving the presumption. The party challenging the presumption must overcome the presumption by the greater convincing force of the evidence. Upon request by either parent, the court shall hold a hearing at which the parties may introduce evidence. The court shall issue findings of fact and conclusions of law upon request by either parent. The court shall require the parents to prepare and submit a parenting plan to the court reflecting parental preferences and agreement on the matters of substance concerning the child's education, upbringing, religious training, medical, and dental care. The parents shall share decision-making authority and responsibility as to the important decisions affecting the child's welfare."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill be amended as follows:

153ta

    On page 7, line 6, of the printed bill, delete "wetlands, and wildlife" and insert "and wetlands."

    On page 7, delete line 7.

    On page 8, line 15, delete everything after "district." .

    On page 8, delete lines 16 and 17.


    On page 13, line 21, before "Only" insert "For purposes of this chapter, the term, eligible voter, has the meaning specified in this section."

    And returns the same without recommendation.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 225 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

SIGNING OF BILLS

    The President publicly read the title to

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

    SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the electronic filing of motor fuel tax reports and the electronic remittance of motor fuel tax.

    SB 70: FOR AN ACT ENTITLED, An Act to improve public safety.

    HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the money, clothing, and transportation furnished inmates released from the Department of Corrections.

    HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance employer charges and claimant misrepresentation regarding benefit overpayments and to correct references to certain provisions pertaining to unemployment insurance.

    And signed the same in the presence of the Senate.

    Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 4:00 p.m. the Senate adjourned.

Jeannette Schipper, Secretary

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