JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



TWENTY-THIRD DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 18, 2010

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

    The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Cory Kleinsasser.

    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 twenty-second 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 HB 1129 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 HB 1152 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 156 and returns the same with the recommendation that said bill be amended as follows:

156ca

    On page 1, line 8, of the printed bill, after "sentence" insert "or suspended adjudication of delinquency".

    On page 2, line 9, remove the overstrikes from "juvenile".

    On page 2, line 12, after "activity." Insert "The Unified Judicial System shall give notice to the chief administrators of secondary schools accredited by the Department of Education for any such determination in a court proceeding for any person eighteen to twenty-one years of age without regard to current status in school or involvement in extracurricular activities. The notice shall include name, date of birth, city of residence, and offense. The chief administrator shall give notice to the South Dakota High School Activities Association if any such person is participating in extracurricular activities."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 105 and returns the same with the recommendation that said bill be amended as follows:

105ca

    On the printed bill, delete everything after the enacting clause and insert:
    "Section 1. That § 13-42-9 be amended to read as follows:

    13-42-9. The secretary of the Department of Education may revoke or suspend any certificate for any cause which would have prevented its issue, plain violation of contract, gross immorality, incompetency, violation of the code of ethics in effect on July 1, 2001, established pursuant to § 13-43-25 or 13-43-45, as determined by the Professional Teachers Practices and Standards Commission or the Professional Administrators Practices and Standards Commission, or flagrant neglect of duty, and may suspend any certificate for a period not to exceed one year for breaking or jumping a contract, if such suspension is requested by the school board. However, the secretary may not suspend a certificate for breaking or jumping a contract if the school board collected liquidated damages pursuant to the terms of the contract. "


105cta

    On page 1, line 1, of the printed bill, delete everything after "An Act to" insert "provide a statutory reference for the code of ethics for certified teachers and administrators.".

    On page 1, delete line 2.

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

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1102 and 1176 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 190 and HB 1017, 1038, 1137, and 1151 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 respectfully reports that it has had under consideration SB 169 and returns the same with the recommendation that said bill be amended as follows:

169jta

    On page 1, line 2, of the printed bill, delete "insurer" and insert "insured".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

136fa

    On page 1, line 13, of the printed bill, delete everything after "," and insert "the number of licenses held by a municipality pursuant to chapter 35-3 may not be less than the total number of licenses available to be issued as of July 1, 2010."

    On page 1, delete lines 14 and 15.

    On page 2, delete line 1.

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

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 84 and 126 and HB 1081 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 148 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 Judiciary respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill be amended as follows:

149ra

    On page 1, line 5, of the printed bill, delete "22-18-" and insert "22_18-36".

    On page 1, line 6, delete "35".

    On page 1, line 13, delete "22-18-35" and insert "22-18-36".

    On page 2, line 4, delete "22-18-35" and insert "22-18-36".

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

Also MR. PRESIDENT:

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

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1025, 1026, 1244, and 1275 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, February 19, the 24th legislative day.

    Which motion prevailed.

    HCR 1009: A CONCURRENT RESOLUTION, Calling for balanced teaching of global warming in the public schools of South Dakota.

    Was read the first time, the President waived the referral to committee, and placed HCR 1009 on the calendar of Friday, February 19, the 24th legislative day.

    Sen. Adelstein moved that the Committee on Appropriations be instructed to deliver SB 193 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was not supported.

    Sen. Kloucek moved that the Committee on Agriculture and Natural Resources be instructed to deliver SB 151 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was not supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 21 as found on page 349 of the Senate Journal; also

    Appropriations on SB 49 as found on page 345 of the Senate Journal; also

    State Affairs on SB 166 as found on page 349 of the Senate Journal; also

    Taxation on SB 184 as found on page 384 of the Senate Journal; also

    Appropriations on SJR 5 as found on page 345 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1025: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a motor pool building at South Dakota State University and to make an appropriation therefor.

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

    HB 1026: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct phase II of the Electrical Engineering and Computer Science Building on the campus of South Dakota State University, to accept donations for such purpose, to acquire land incidental thereto, and to make appropriations therefor.

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

    HB 1244: FOR AN ACT ENTITLED, An Act to increase the penalty for solicitation of a minor.

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

    HB 1275: FOR AN ACT ENTITLED, An Act to extend the age limit for cochlear implants.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    Sen. Knudson moved that SB 65 be deferred to Friday, February 19, the 24th legislative day.

    Which motion prevailed.

    SB 70: FOR AN ACT ENTITLED, An Act to provide certain restrictions regarding the passing of a bicycle.

    Having had its second reading was up for consideration and final passage.

70oa

    Sen. Jerstad moved as a substitute motion for pending amendment 70fb that SB 70 be amended as follows:

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

    "Section 2. That § 32-17-25 be amended to read as follows:

    32-17-25. Every Each bicycle shall be equipped with a lighted lamp on the front thereof visible under normal atmospheric conditions from a distance of at least three hundred feet in front of such the bicycle and shall also be equipped with a reflex reflective mirror or, lamp, or other material on the rear exhibiting a yellow or red light visible under like conditions from a distance of at least two hundred feet to the rear of such the bicycle. Any person riding a bicycle

shall also use reflective material on the person's clothing. A violation of this section is a petty offense. "


    Which motion lost.

    The question now being on Sen. Jerstad's pending amendment 70fb as found on page 330 of the Senate Journal.

    Which motion lost.

    The question being "Shall SB 70 pass?"

    And the roll being called:

    Yeas 10, Nays 24, Excused 1, Absent 0

    Yeas:
Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Maher; Merchant; Miles; Nesselhuf; Tieszen

    Nays:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Kloucek; Knudson; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry; Vehle

    Excused:
Bradford

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

    SB 130: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the township road system.

    Was read the second time.

130fb

    Sen. Fryslie moved that SB 130 be amended as follows:

    On page 1, line 6, of the printed bill, after "roads" insert ", as defined pursuant to § 31-1-5,".

    On page 1, line 6, delete everything after "."

    On page 1, delete line 7.

    Which motion prevailed.

    The question being "Shall SB 130 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Garnos

    Excused:
Abdallah

    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 155: FOR AN ACT ENTITLED, An Act to provide for the promulgation and adoption of administrative rules with a substantial financial impact upon political subdivisions of state government.

    Was read the second time.

155jb

    Sen. Brown moved that SB 155 be further amended as follows:

    On the Senate Local Government Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 1-26-4.7 be amended to read as follows:

    1-26-4.7. The Interim Rules Review Committee may require an agency to revert to any step in the adoption procedure provided in § 1-26-4. The Interim Rules Review Committee may require an agency to hold public hearings in addition to those provided for in § 1-26-4 if, in the judgment of the committee:

            (1)    The substance of the proposed rule has been significantly rewritten from the originally proposed rule which was not the result of testimony received from the public hearing;

            (2)    The proposed rule needs to be significantly rewritten in order to accomplish the intent of the agency;

            (3)    The proposed rule needs to be rewritten to address the recommendations or objections of the Interim Rules Review Committee;

            (4)    The proposed rule is not a valid exercise of delegated legislative authority;

            (5)    The proposed rule is not in proper form;

            (6)    The notice given prior to the proposed rule's adoption was not sufficient to give adequate notice to persons likely to be affected by the proposed rule;

            (7)    The proposed rule is not consistent with the expressed legislative intent pertaining to the specific provision of law which the proposed rule implements; or

            (8)    The proposed rule is not a reasonable implementation of the law as it affects the convenience of the general public or persons likely affected by the proposed rule.

    The Interim Rules Review Committee shall consider whether any rule complies with the provisions of § 6-15-1. If the committee determines that any proposed rule does not comply with § 6-15-1, the committee shall require an agency to revert to any step in the adoption procedure provided in § 1-26-4.

    If the committee requires an agency to revert to any step in the adoption procedure pursuant to this section, the time limitations set by chapter 1-26 shall also revert to the same step. "

    Which motion prevailed.

    The question being "Shall SB 155 pass as amended?"

    And the roll being called:

    Yeas 23, Nays 10, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Gant; Gillespie; Gray; Haverly; Heidepriem; Howie; Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Olson (Russell); Peterson; Rhoden; Schmidt; Vehle

    Nays:
Dempster; Fryslie; Garnos; Hansen (Tom); Hanson (Gary); Hunhoff (Jean); Knudson; Nesselhuf; Tieszen; Turbak Berry

    Excused:
Hundstad; Novstrup (Al)

    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.

155jta

    Sen. Brown moved that the title to SB 155 be amended as follows:

    On page 1, line 1, of the Senate Local Government Committee engrossed bill, delete everything after "to" and insert "revise the rules promulgation process for".

    On page 1, line 2, delete "substantial".

    Which motion prevailed.

    SB 53: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

    Was read the second time.

    The question being "Shall SB 53 pass?"

    And the roll being called:

    Yeas 25, Nays 8, Excused 2, Absent 0

    Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Adelstein; Heidepriem; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf

    Excused:
Hundstad; Novstrup (Al)

    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 89: FOR AN ACT ENTITLED, An Act to exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota.

    Was read the second time.

    The question being "Shall SB 89 pass?"

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Kloucek; Knudson; Maher; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Ahlers; Dempster; Jerstad; Merchant

    Excused:
Hundstad; 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 133: FOR AN ACT ENTITLED, An Act to revise certain procedures for handling complaints regarding open meeting requirements.

    Was read the second time.

    The question being "Shall SB 133 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Hundstad; 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 134: FOR AN ACT ENTITLED, An Act to provide for divestiture of state investment funds in certain companies liable to sanctions under the Iran Sanctions Act of 1996.

    Was read the second time.

    The question being "Shall SB 134 pass?"

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

    Yeas:
Abdallah; Adelstein; Bartling; Bradford; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry; Vehle

    Nays:
Ahlers; Brown; Dempster; Haverly; Hunhoff (Jean); Nelson; Tieszen

    Excused:
Hundstad; 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.

    Sen. Knudson moved that SB 154 be placed to precede SB 158 on today's calendar.

    Which motion prevailed.

    SB 154: FOR AN ACT ENTITLED, An Act to prohibit the use of tanning devices by minors.

    Was read the second time.

    The question being "Shall SB 154 pass?"

    And the roll being called:

    Yeas 2, Nays 30, Excused 3, Absent 0

    Yeas:
Adelstein; Jerstad

    Nays:
Abdallah; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Bradford; Hundstad; Novstrup (Al)

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

    SB 158: FOR AN ACT ENTITLED, An Act to provide certain requirements for tanning facilities.

    Was read the second time.

158jb

    Sen. Jerstad moved that SB 158 be amended as follows:

    On page 3 of the printed bill, delete lines 12 to 14, inclusive.

    On page 5, between lines 5 and 6, insert:

    "Section 7. Any person charged with a violation of section 6 of this Act may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person or relied upon a consent document that would have appeared valid to a reasonable and prudent person."


    On page 5, delete lines 14 to 22, inclusive.

    Which motion lost.

    President Pro Tempore Gray now presiding.

    The question being "Shall SB 158 pass?"

    And the roll being called:

    Yeas 9, Nays 25, Excused 1, Absent 0

    Yeas:
Adelstein; Dempster; Hundstad; Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Tieszen


    Nays:
Abdallah; Ahlers; Bartling; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry; Vehle

    Excused:
Bradford

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

    SB 188: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale and display of alcoholic beverages in establishments that sell food.

    Was read the second time.

188sa

    Sen. Nelson moved that SB 188 be further amended as follows:

    On page 1, after line 12 of the Senate Commerce Committee engrossed bill, insert:

    "Section 2. That § 35-4-122 be amended to read as follows:

    35-4-122. Any person, corporation, or business entity that is issued a new retail license under subdivision 35-4-2(3) after June 30, 2009, and derives less than fifty percent of the licensee's annual gross receipts from the sale of alcoholic beverages at the location where the license is held shall sell display its alcoholic beverages, other than malt beverages, in an area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic beverages are sold displayed from the rest of the establishment. "


    Which motion prevailed.

    The question being "Shall SB 188 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry

    Nays:
Vehle

    Excused:
Bradford

    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.

188fta

    Sen. Nelson moved that the title to SB 188 be amended as follows:

    On page 1, line 2, of the Senate Commerce Committee engrossed bill, delete everything after "in" and insert "certain establishments.".

    Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1096: FOR AN ACT ENTITLED, An Act to revise the penalty for an open burning violation in the Black Hills Forest Fire Protection District.

    Was read the second time.

    The question being "Shall HB 1096 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Abdallah; Bradford

    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 1103: FOR AN ACT ENTITLED, An Act to authorize the use of golf carts in certain municipalities and improvement districts.

    Was read the second time.

    The question being "Shall HB 1103 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

    Yeas:
Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry

    Nays:
Vehle

    Excused:
Abdallah; Bradford

    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 1126: FOR AN ACT ENTITLED, An Act to require property owners of a homestead who are delinquent in paying their property taxes to notify the county treasurer when they meet certain age requirements.

    Was read the second time.

    The question being "Shall HB 1126 pass?"

    And the roll being called:

    Yeas 28, Nays 7, Excused 0, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hundstad; Kloucek; Knudson; Maher; Miles; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Nays:
Bartling; Heidepriem; Hunhoff (Jean); Jerstad; Merchant; Nesselhuf; Peterson

    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 1166: FOR AN ACT ENTITLED, An Act to clarify the locations where the local boards of equalization may meet.

    Was read the second time.

    The question being "Shall HB 1166 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

    Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

    Excused:
Abdallah; Hansen (Tom); Kloucek

    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 when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 19, the 24th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    SC 15 Introduced by: Senators Maher, Bradford, Brown, Hansen (Tom), Heidepriem, Howie, and Tieszen and Representatives Schrempp, Brunner, Greenfield, Hunhoff (Bernie), Kirkeby, Kirschman, Olson (Betty), Russell, Verchio, and Wink

        A LEGISLATIVE COMMEMORATION, Honoring and supporting Pioneer Days in Dupree, South Dakota, on the occasion of Dupree's centennial anniversary.

    WHEREAS, Dupree was settled by hardy pioneers who answered the call to come to central South Dakota following the Homestead Act of 1908 and was moved to its present site in 1910; and
    WHEREAS, Dupree is rich in ranching, farming, and cultural history, which the residents strive to preserve for future generations; and

    WHEREAS, the centennial will be celebrated at this years's Pioneer Days, July 6 through July 11, 2010; and

    WHEREAS, Pioneer Days offers a variety of exhibits, attractions, events, and entertainment, including Dupree's legendary Hee Haw Show, Dupree High School Alumni Reunion, Dupree's Centennial Wagon Train Trail Ride, Ziebach County Historical Society Museum, silent auction, free BBQ, demolition derby, fireworks display, Pow Wows, two big parades, two rodeos, art in the park, and dances and other music at Pioneer Hall:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature congratulates Dupree on its centennial anniversary and encourages all to attend the Pioneer Days celebration in July.

    SC 16 Introduced by: Senators Maher, Bradford, Brown, Hansen (Tom), Heidepriem, Howie, Rhoden, and Tieszen and Representatives Olson (Betty), Brunner, Greenfield, Hunhoff (Bernie), Kirkeby, Kirschman, Russell, Schrempp, Verchio, and Wink

        A LEGISLATIVE COMMEMORATION, Honoring Newell, South Dakota, on the occasion of its centennial celebration and supporting Labor Day in Newell.

    WHEREAS, Newell's citizens have enriched our state's culture with their exceptional attainments in leadership, sports, music, literature, and art, and are known for their love of agriculture, entertainment, and community history, which they strive to preserve for future generations; and

    WHEREAS, this year's Labor Day celebration, September 4 through 6, 2010, will mark the one hundredth birthday of the city with a car show, art show, quilt show, flower show, parade, rodeo, and all-school reunion; and

    WHEREAS, Newell offers a variety of attractions, events, and entertainment, including the Newell Museum, the Newell Stud Ram Show and Sale in the Nation's Sheep Capital, restaurants, parks, golf course, a community band, and successful "Newell Irrigator" sports teams:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Legislature congratulates all South Dakotans of Newell ancestry and invites everyone to participate in the Newell centennial celebration, September 4 through 6, 2010.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1005: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to the Bureau of Personnel.

    HB 1006: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain statutes related to the Department of Transportation.

    HB 1058: FOR AN ACT ENTITLED, An Act to restructure the South Dakota Weed and Pest Control Commission.

    HB 1101: FOR AN ACT ENTITLED, An Act to provide for restructuring the membership of the Corn Utilization Council.

    And signed the same in the presence of the Senate.

    Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at 4:31 p.m. the Senate adjourned.

Trudy Evenstad, Secretary