JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 17, 2008

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

     The prayer was offered by the Chaplain, Rev. Michele Bradley, followed by the Pledge of Allegiance led by Senate page Aaron Schindler.

     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 seventh 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of Lloyd Schipper of Hughes County, Pierre, South Dakota, to the Housing Development Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Lloyd Schipper pursuant to the executive message as found on page 46 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

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

     The Senate proceeded to the consideration of the executive appointment of Keith W. Corbett of Brookings County, Brookings, South Dakota, as Assistant Adjutant General, Army.

     The question being "Does the Senate advise and consent to the executive appointment of Keith W. Corbett pursuant to the executive message as found on page 92 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

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


     The Senate proceeded to the consideration of the executive appointment of David E. Holman of Minnehaha County, Sioux Falls, South Dakota, as Assistant Adjutant General, Air.

     The question being "Does the Senate advise and consent to the executive appointment of David E. Holman pursuant to the executive message as found on page 92 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Apa; Hundstad

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

     The Senate proceeded to the consideration of the executive reappointment of Arlene Ham- Burr of Pennington County, Rapid City, South Dakota, to the Commission on Human Rights.

     The question being "Does the Senate advise and consent to the executive reappointment of Arlene Ham-Burr pursuant to the executive message as found on page 47 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

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

     The Senate proceeded to the consideration of the executive reappointment of Bernie Hunhoff of Yankton County, Yankton, South Dakota, to the Commission on Human Rights.

     The question being "Does the Senate advise and consent to the executive reappointment of Bernie Hunhoff pursuant to the executive message as found on page 47 of the Senate Journal?"

     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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

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

     The Senate proceeded to the consideration of the executive reappointment of Tom Graham of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Tom Graham pursuant to the executive message as found on page 51 of the Senate Journal?"

     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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

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

     The Senate proceeded to the consideration of the executive reappointment of Douglas Sharp of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Douglas Sharp pursuant to the executive message as found on page 43 of the Senate Journal?"

     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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

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

     The Senate proceeded to the consideration of the executive reappointment of Dennis Neugebauer of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Dennis Neugebauer pursuant to the executive message as found on page 43 of the Senate Journal?"

     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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Olson (Ed)

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


      The Senate proceeded to the consideration of the executive reappointment of D.J. Mertens of Lyman County, Kennebec, South Dakota, to the South Dakota Building Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of D.J. Mertens pursuant to the executive message as found on page 51 of the Senate Journal?"

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  26 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  67 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 68 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 Transportation respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill be amended as follows:

63ja

     On page 1, line 5, of the printed bill, after "of" delete "the" and insert "a".

    On page 1, line 5, after "vehicle" insert "licensed in South Dakota".

    On page 1, line 8, after "." insert "Any law enforcement officer, who in good faith releases information pursuant to this section, is immune from civil liability for such release."

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

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 70 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 52 and returns the same with the recommendation that said bill be amended as follows:

52oa

    On page 3, line 21, of the printed bill, delete "Lease" and insert "Leased".

    On page 13, line 1, delete "section" and insert "sections".

    On page 13, line 8, delete "or the franchisee".

    On page 13, line 9, before "(or" insert "(2) The franchisee".

    On page 13, line 11, delete "(2)" and insert "(3)".

    On page 13, line 13, before "." insert "; or

                 (4)    One or more purchasers of at least a fifty percent ownership interest in the franchise; within sixty days of the sale, has been, for at least two years, an officer, director, general partner, individual with management responsibility for the offer and sale of

the franchisor's franchises or the administrator of the franchised network; or within sixty days of the sale, has been, for at least two years, an owner of at least a twenty- five percent interest in the franchise".

     On page 13, delete lines 16 to 21, inclusive.

    On page 13, line 22, delete "(2)" and insert "(1)".

    On page 14, line 1, delete "(3)" and insert "(2)".

    On page 14, line 8, delete "subdivision (1)" and insert "subdivisions (1) and (2)".

    On page 21, line 13, delete "26" and insert "35".

    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  81 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 42 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill be amended as follows:

44oa

    On page 2, line 3, of the printed bill, before ";" insert " or grain purchased to feed livestock ".

    On page 2, line 10, delete " two " and insert " three ".

    On page 5, delete lines 16 to 19, inclusive, and insert:

    " If the commission finds, after an opportunity for notice and hearing, that the bond filed by a grain dealer, pursuant to this section, is inadequate because of circumstances peculiar to that grain dealer, the amount of that bond may be increased to such amount as the commission determines. In addition, the The grain dealer buyer may stipulate to a higher bond".

    On page 6, line 17, after " date " insert " . "

    On page 10, line 7, after "buyer" insert "with a Class A license".

    On page 11, after line 3, insert:

    "Section 24. That § 49-43-34 be repealed.

     49-43-34.   Authorized inspectors employed by the Public Utilities Commission may place a person under arrest without warrant for a violation of any provision of this chapter which is committed in the presence of such inspector. Commission inspectors having been given such limited arrest powers are not "law enforcement officers" for the purposes of § 23-3-27. "

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

45oa

    On page 5, line 22, of the printed bill, delete " grain bank or warehouse receipted ".

    On page 5, line 24, delete " grain bank or warehouse ".

    On page 6, line 1, delete " receipted ".

    On page 8, line 12, after " a " insert " qualified ".

    On page 8, line 12, delete " and approved by the commission. " and insert " . If the commission finds the person performing the measurement is not qualified or independent, the commission may require a different person to perform the measurement. "

    On page 8, line 19, after "year" insert " , unless the commission requires an additional measurement as part of an investigation of the warehouse ".

    On page 9, line 10, delete " A " and insert " If requested, a ".

    On page 10, delete lines 3 to 9, inclusive.

    On page 12, line 3, delete "However, bond proceeds may only be applied to open storage grain".

    On page 12, delete lines 4 to 9, inclusive.

    On page 13, delete lines 12 to 17, inclusive.

    On page 16, line 12, after "grain" insert "and".

    On page 16, after line 15, insert:

    "Section 43. The balance of funds in the grain and warehouse fund as established by §  49- 42-8 shall be transferred to the grain and warehouse fund established by this Act."

    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 46 and returns the same with the recommendation that said bill be referred to the Committee on Government Operations and Audit.

Respectfully submitted,
Jay Duenwald, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1007, 1011, 1012, 1018, 1026, 1027, 1030, 1039, 1040, 1045, 1050, 1059, 1060, and 1111 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


    SENATE PAGE RESOLUTION 1 Introduced by: Senators Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher, McCracken; McNenny; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schmidt, Dennis; Smidt, Orville; Sutton; Turbak Berry; Two Bulls

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-third Legislature of the State of South Dakota to Michelle Brown Otter, Holly Coldman, Aaron Schindler, Kathleen Seim, Ashley Wiedmer, Samantha Wieseler, and Jacklyn Willard.

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-third Legislative Session; and

    WHEREAS, the members of the Eighty-third Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-third Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

     Sen. Knudson moved that Senate Page Resolution No. 1 be adopted.

    The question being on Sen. Knudson's motion that Senate Page Resolution No. 1 be adopted.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 153  Introduced by:  Senators Smidt (Orville), Olson (Ed), Schmidt (Dennis), and Turbak Berry and Representatives Tidemann and Kirkeby

     FOR AN ACT ENTITLED, An Act to authorize the Governor to enter the Midwestern Regional Higher Education Compact and to provide for the appointment of resident members to the Midwestern Regional Higher Education Commission.

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

     SB 154  Introduced by:  Senators Nesselhuf, Jerstad, and Olson (Ed) and Representatives Lucas, Bradford, Burg, Dennert, Elliott, Engels, Gassman, Gillespie, Halverson, McLaughlin, Miles, Nygaard, Sigdestad, and Thompson

     FOR AN ACT ENTITLED, An Act to allow public schools to maintain pre-kindergarten programs, to provide the Board of Education with rule making authority for pre-kindergarten programs, and to provide funding through the state aid to education formula for students in accredited pre-kindergarten programs.

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

     SB 155  Introduced by:  Senator Apa and Representatives Hills, Brunner, Gilson, Halverson, Heineman, McLaughlin, Pitts, Sigdestad, Street, and Turbiville

     FOR AN ACT ENTITLED, An Act to provide state aid to education to certain school districts for certain students.

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

     SB 156  Introduced by:  Senators Apa, Abdallah, Hunhoff, Koetzle, Maher, and Napoli and Representatives Pederson (Gordon), Dennert, Moore, and Turbiville

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special motor vehicle license plates for veterans with a disability, prisoners of war, Pearl Harbor survivors, and Purple Heart recipients.

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

     SB 157  Introduced by:  Senators Gant and Sutton and Representatives Novstrup (David) and Willadsen

     FOR AN ACT ENTITLED, An Act to revise the surety bond requirements for persons employed by mortgage brokerages.

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

     SB 158  Introduced by:  Senators Gant and McCracken and Representatives Lust and Willadsen

     FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the supervision, rehabilitation, and liquidation of insurers.

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

     SB 159  Introduced by:  Senators Jerstad, Abdallah, Hoerth, Katus, McCracken, Olson (Ed), and Two Bulls and Representatives Feinstein, Bradford, Burg, Elliott, Lucas, Pederson (Gordon), Sigdestad, Thompson, Van Norman, and Willadsen

     FOR AN ACT ENTITLED, An Act to allow the discretionary formula for reduced property taxation to be applied to research facilities.

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

     SB 160  Introduced by:  Senators Jerstad, Abdallah, Hoerth, Katus, McCracken, and Olson (Ed) and Representatives Halverson, Burg, Gilson, Sigdestad, Thompson, Van Norman, and Willadsen

     FOR AN ACT ENTITLED, An Act to require the Unified Judicial System to provide internet access to certain criminal history information.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

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

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

     HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding property tax exemptions for certain disabled veterans and to declare an emergency.

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


     HB 1018: FOR AN ACT ENTITLED, An Act to refund special fuel taxes under certain circumstances.

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

     HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions and procedures concerning elections.

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

     HB 1027: FOR AN ACT ENTITLED, An Act to revise certain deadlines concerning nominating petitions for water development district directors and to declare an emergency.

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

     HB 1030: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of notaries public and the requirements of notary public seals.

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

     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.

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

     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.

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

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

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

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

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

     HB 1059: FOR AN ACT ENTITLED, An Act to repeal the restriction on the number of personnel to be employed by the Office of the Attorney General's consumer complaint program.

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

     HB 1060: FOR AN ACT ENTITLED, An Act to revise the statute of limitations regarding deceptive trade practices.

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

     HB 1111: FOR AN ACT ENTITLED, An Act to revise the responsibilities of the Corrections Commission and to require an annual report of Corrections Commission activities.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the duties and reporting requirements for the South Dakota Energy Infrastructure Authority.

     Was read the second time.

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

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; 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; Turbak Berry; Two Bulls

     Nays:
Apa; Gant; Greenfield

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

     Was read the second time.

17sb
     Sen. Tom Hansen moved that SB 17 be further amended as follows:

    On page 22, line 11, of the Senate Commerce Committee engrossed bill, delete " a bank or bank holding company, or ".

    On page 22, line 12, delete " agent or employee thereof " and insert " or an agent or employee of a bank or bank holding company ".

     Which motion prevailed.

     The question being "Shall SB 17 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 majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the interstate enrollment options program.

     Was read the second time.

     Sen. Ed Olson moved that SB 21 be deferred to Tuesday, January 22, the 9th legislative day.

     Which motion prevailed.

     SB 34: FOR AN ACT ENTITLED, An Act to allow certified nurse midwives to attend out- of-hospital births under certain circumstances.

     Was read the second time.

     The question being "Shall SB 34 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Gant; Knudson; McCracken

     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 53: FOR AN ACT ENTITLED, An Act to revise certain provisions related to capital punishment.

     Was read the second time.

     The question being "Shall SB 53 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; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Lintz; Olson (Ed)

     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. Garnos moved that the Senate do now adjourn, which motion prevailed and at 2:59 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee as found on page 34 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of seven former members of the South Dakota Legislature, namely: the Honorable H. Junior Engbrecht, the Honorable Carol R. Hillard, the Honorable Ralph A. Nauman; the Honorable Wayne Peterson; the Honorable Larry Stalheim; the Honorable David J. Strom; and the Honorable Walter Zabel; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self- government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-third Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eighty-third Session of the Legislature of the State of South Dakota, now assembled this 17th day of January, 2008, at Pierre, South Dakota.