JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 5, 2008

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

     The prayer was offered by the Chaplain, Rev. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Samantha Gerbracht.

     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 seventeenth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1170 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1008, 1009, and 1114 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1072, 1118, and 1126 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1056 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 HB 1055 and 1057 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jay Duenwald, Chair

 Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SCR  4 and returns the same with the recommendation that said resolution be adopted.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  194 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 12 which has passed the House without change.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1079, 1099, 1100, 1143, 1159, 1164, 1203, 1232, 1261, 1282, and 1291 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     SCR 7: A CONCURRENT RESOLUTION, Petitioning the United States Congress to
repeal the REAL ID Act.

    Was read the second time.

     Sen. McNenny moved that SCR 7 as found on page 310 of the Senate Journal be adopted.

     The question being on Sen. McNenny's motion that SCR 7 be adopted.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Knudson

     Excused:
Apa; Hunhoff

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

     SCR 8: A CONCURRENT RESOLUTION, Opposing efforts in Congress to expand the jurisdiction of the federal Clean Water Act by revising the terms "navigable waters" and "waters of the United States".

    Was read the second time.

     Sen. McNenny moved that SCR 8 as found on page 312 of the Senate Journal be adopted.

     The question being on Sen. McNenny's motion that SCR 8 be adopted.

     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; Hundstad; 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; Hunhoff

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


CONSIDERATION OF REPORTS OF COMMITTEES

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

     State Affairs on SB 80 as found on page 306 of the Senate Journal ; also

     State Affairs on SB 126 as found on page 306 of the Senate Journal ; also

     Health and Human Services on SB 164 as found on page 308 of the Senate Journal ; also

     Appropriations on SB 172 as found on page 308 of the Senate Journal ; also

     Judiciary on HB 1001 as found on page 307 of the Senate Journal ; also

     Government Operations and Audit on HB 1109 as found on page 309 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1079: FOR AN ACT ENTITLED, An Act to revise the tax credit for certain renewable resource energy systems.

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

     HB 1099: FOR AN ACT ENTITLED, An Act to require custody or visitation dispute mediation under certain circumstances.

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

     HB 1100: FOR AN ACT ENTITLED, An Act to create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse.

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

     HB 1143: FOR AN ACT ENTITLED, An Act to repeal certain requirements related to school district employee retirement benefits.

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


      HB 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding franchise protection for certain types of merchandise.

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

     HB 1164: FOR AN ACT ENTITLED, An Act to authorize the purchase or lease of computer hardware and software through the general fund of school districts.

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

     HB 1203: FOR AN ACT ENTITLED, An Act to provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

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

     HB 1232: FOR AN ACT ENTITLED, An Act to establish a time for when absentee ballots may be provided for all elections.

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

     HB 1261: FOR AN ACT ENTITLED, An Act to regulate the right to carry a firearm on the campuses of public institutions of higher education.

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

     HB 1282: FOR AN ACT ENTITLED, An Act to provide for the assumption of risk by operators of off-road vehicles for certain injuries arising out of operating off-road vehicles.

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

     HB 1291: FOR AN ACT ENTITLED, An Act to allow students who have dyslexia to receive special education or special education and related services.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 132: FOR AN ACT ENTITLED, An Act to clarify provisions regarding the continuation of coverage after an employer ceases business operations.

     Was read the second time.

     The question being "Shall SB 132 pass?"

     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; Hundstad; 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; Hunhoff

     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 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 second time.

     The question being "Shall HB 1030 pass as amended?"

     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; Hundstad; 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; Hunhoff

     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 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 second time.

     The question being "Shall HB 1059 pass?"

     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; Hundstad; 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; Hunhoff

     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 1119: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2007.

     Was read the second time.

     The question being "Shall HB 1119 pass?"

     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; Hundstad; 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; Hunhoff

     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 114: FOR AN ACT ENTITLED, An Act to allow for risk pool eligibility and rate flexibility for certain health insurance conversion plans.

     Was read the second time.

     The question being "Shall SB 114 pass as amended?"

     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; Hundstad; 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; Hunhoff

     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 190: FOR AN ACT ENTITLED, An Act to impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.

     Was read the second time.

190fa
     Sen. Gary Hanson moved that SB 190 be further amended as follows:

         On page 1, line 12, of the Senate State Affairs Committee engrossed bill, delete "South Dakota Department of Revenue and Regulation" and insert "Department of Environment and Natural Resources".

         On page 1, line 13, delete "Revenue and Regulation" and insert "Environment and Natural Resources".

         On page 2, line 5, delete "in the state treasury".

         On page 2, line 6, delete "fund" and insert "subfund as a subfund of the regulated substances response fund. The subfund shall be separately maintained and administered".
         On page 2, line 7, delete both "fund" and insert "subfund".

         On page 2, line 11, delete "fund" and insert "subfund".

         On page 2, line 12, delete "Expenditures from the fund may be made only upon approval by the Legislature."

         On page 2, line 13, delete "fund" and insert "subfund".

         On page 2, line 14, delete "fund" and insert "subfund".

         On page 2, line 17, delete "Revenue and Regulation" and insert "Environment and Natural Resources".

190sb

     Sen. Knudson moved as a substitute motion that SB 190 be further amended as follows:

    On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. Terms used in this Act mean:

                 (1)    "Crude oil," any unrefined liquid petroleum;

                 (2)    "Crude oil pipeline operator," any person that is transporting crude oil via a pipeline;

                 (3)    "Department," the South Dakota Department of Environment and Natural Resources.

         Section 2. Each crude oil pipeline operator which is issued a permit from the South Dakota Public Utilities Commission under the Energy Conversion and Transmission Facilities Act shall prepare an oil spill response plan. An oil spill response plan must plan for resources for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge. Each response plan must include, but not be limited to:

                 (1)    Immediate notification procedures;

                 (2)    Spill detection and mitigation procedures;

                 (3)    The name, address, and telephone number of the oil spill response organization, if appropriate;

                 (4)    Response activities and response resources;

                 (5)    Names and telephone numbers of federal, state, and local agencies which the operator expects to have pollution control responsibilities or support;

                 (6)    Training procedures;

                 (7)    Equipment testing;

                 (8)    Drill types, schedules, and procedures; and

                 (9)    Plan review and update procedures.

         No oil spill response plan is effective until it is approved by the department.

         Section 3. Each crude oil pipeline operator shall update its response plan to address new or different operating conditions or information. Each operator shall review its response plan in full at least every five years from the date of the last submission.

         Section 4. Each crude oil pipeline operator shall consult the department during the preparation of its oil spill response plan.

         Section 5. Each crude oil pipeline operator shall submit its initial oil spill response plan to the department prior to putting a pipeline in operation.

         Section 6. Each crude oil pipeline operator shall review its oil spill response plan at least every five years from the date of the last submission to the department.

         Section 7. Each crude oil pipeline operator shall submit any modifications to its response plan to the department within thirty days of making such a change.

         Section 8. Each crude oil pipeline operator shall implement its oil response plan in the event of an oil spill regardless of the cause of the spill or the party responsible for the spill.

         Section 9. Each crude oil pipeline operator that experiences a spill shall file a written report with the department, within thirty days of discovery of the spill, if the spill:

                 (1)    Is of five gallons or more; or

                 (2)    Causes an explosion or fire; or

                 (3)    Causes the injury or death of any person.

         Section 10. There is established the South Dakota Underground Pipeline Task Force. The task force shall consist of seven members to be appointed by the Governor, not all of the same political party. The members shall be knowledgeable of existing federal statutes and regulations and state statutes and rules which govern underground pipeline facilities for the transmission and distribution of water, natural gas, crude oil, ethanol, and refined petroleum products. The task force shall review the status of existing and proposed pipelines in South Dakota and assess the adequacy of state laws and regulations relating to pipelines in South Dakota. The task force is attached to the Department of Tourism and State Development for administrative purposes, and will report its findings to the Governor no later than December 1, 2008."

     Sen. Koetzle requested a roll call vote.

     Which request was supported.

     The question being on Sen. Knudson's substitute motion that SB 190 be further amended.

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent 0

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

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

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

190ob
     Sen. Heidepriem moved that SB 190 be further amended as follows:

    In the previously adopted amendment (190sb), after section 10 insert the following:

    "Section 11. Terms used in sections 11 to 19, inclusive, of this Act mean:

                 (1)    "Barrel," a barrel is 42 U.S. gallons measured at 60 degrees Fahrenheit;

                 (2)      "Crude oil pipeline company," any person that is transporting crude oil;

                 (3)      "Secretary," the secretary of the Department of Environment and Natural Resources.

         Section 12. There is hereby imposed a fee upon any crude oil transported by pipeline of two cents per barrel of crude oil. Any crude oil company that transports averages less than ten thousand barrels of crude oil per day by pipeline is exempt from the fee and provisions imposed by this Act.

         Section 13. There is hereby created in the state treasury the crude oil pipeline compensation fund. The secretary shall deposit the fee collected pursuant to this Act in the crude oil pipeline compensation fund. The fund may provide reimbursement of reasonable and necessary costs for any corrective action in excess of ten thousand dollars for a crude oil release that may occur. Reimbursement may include costs of an approved corrective action and third-party claims for crude oil releases.

         The fund shall be a participating fund and shall be credited for all interest earned on fund balances. Expenditures from the fund may be made only upon approval by the Legislature. If

the balance in the fund exceeds thirty million dollars, the Bureau of Finance and Management shall transfer any revenue above that amount to the water and environment fund established pursuant to §  46A-1-82.

         Section 14. Any person who holds a license issued pursuant to this Act or who is a person whose receipts are subject to the fees imposed by this Act shall, except as otherwise provided in this section, file a return, and pay any fee due, to the department on or before the twentieth day of the month following each monthly period. The return shall be filed on forms prescribed and furnished by the department. The secretary may grant an extension of not more than five days for filing a return and remittance. Unless an extension is granted, penalty or interest under § 10-59-6 shall be paid if a return or remittance is not made on time.

         Section 15. Any crude oil pipeline company subject to the fee shall keep records of all crude oil transported through the pipeline. The records are, at all times during business hours of the day, subject to inspection by the department to determine the amount of fees due. The records shall be preserved for a period of three years unless the secretary, in writing, authorized their destruction or disposal at an earlier date.

         Section 16. The secretary may promulgate rules, pursuant to chapter 1-26, concerning:

                 (1)      License applications;

                 (2)      The filing of returns and payment of the fee;

                 (3)      Determining the application of the fee;

                 (4)      Record-keeping requirements; and

                 (5)      Determining auditing methods.

         Section 17. Any person who:

                 (1)      Makes any false or fraudulent return in attempting to defeat or evade the fee is guilty of a Class 6 felony;

                 (2)      Fails to pay the fee due under this Act within sixty days from the date the fee becomes due is guilty of a Class 1 misdemeanor;

                 (3)      Fails to keep the records required by this Act or refuses to exhibit these records to the department for the purpose of examination is guilty of a Class 1 misdemeanor;

                 (4)      Fails to file a return required by this Act within sixty days from the date the return is due is guilty of a Class 1 misdemeanor;

                 (5)      Engages in business as a crude oil pipeline without obtaining a license is guilty of a Class 6 felony.
         For purposes of this section, the term, crude oil pipeline company, includes corporate officers having control, supervision of, or charged with the responsibility for making returns or payments pursuant to this Act.

         Section 18. If a corporation subject to the fee imposed by this Act fails for any reason to file the required returns or to pay the fee due, any of its officers having control, or supervision of, or charged with the responsibility for making such returns and payments are personally liable for such failure. The dissolution of a corporation does not discharge an officer's liability for a prior failure of the corporation to make a return or remit the fee due. The sum due for such a liability may be assessed and collected as provided by law.

         If any responsible corporate officer elects not to be personally liable for the failure to file the required returns or to pay the fee due, the corporation shall provide the department with a surety bond or certificate of deposit as security for payment of any fee that may become due. The bond or certificate of deposit provided for in this section shall be in an amount equal to the estimated annual fee imposed by the Act.

         Section 19. Any real and personal property owned by a crude oil pipeline company is subject to the real and personal property taxes levied by the state, counties, municipalities, townships, or other political subdivisions of the state."

     Sen. Koetzle requested a roll call vote.

     Which request was supported.

     The question being on Sen. Heidepriem's motion that SB 190 be further amended.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

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

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

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

     The question now being "Shall SB 190 pass as amended?"

     And the roll being called:


     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

     Nays:
Abdallah; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

     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.

190sta
     Sen. Knudson moved that the title to SB 190 be amended as follows:

    On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "Act to" and insert "provide for regulatory oversight of oil pipelines and to create a task force."

    On page 1, delete lines 2 and 3.

     Which motion prevailed.

     SB 134: FOR AN ACT ENTITLED, An Act to increase the pesticide registration fee for use in programs related to pesticide recycling and disposal, to revise certain related provisions, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 134 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Napoli

     Excused:
Abdallah; Hunhoff

     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 152: FOR AN ACT ENTITLED, An Act to increase the biennial pesticide registration fee and to revise its allocation for the weed and pest fund.

     Was read the second time.

     The question being "Shall SB 152 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Kloucek; Napoli

     Excused:
Hunhoff

     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 176: FOR AN ACT ENTITLED, An Act to authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 176 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; 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:
Hunhoff

     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 180: FOR AN ACT ENTITLED, An Act to make an appropriation to provide certain refunds of sales tax on food.

     Was read the second time.

     Sen. Knudson moved that SB 180 be deferred to Wednesday, February 6, the 19th legislative day.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

     Was read the second time.

     The question being "Shall HB 1038 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; 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; Hoerth; Hunhoff

     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 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the definition of residency and the issuance of resident hunting, fishing, and trapping licenses.

     Was read the second time.

     The question being "Shall HB 1042 pass as amended?"

     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; Hundstad; 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; Hunhoff

     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 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exemptions to the boat numbering requirement.

     Was read the second time.

     The question being "Shall HB 1043 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Kloucek

     Excused:
Apa; Hunhoff

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

     Was read the second time.

     The question being "Shall HB 1060 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Maher

     Excused:
Apa; Hunhoff; 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.

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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

COMMEMORATIONS

     SC 6  Introduced by:  Senators Sutton, Bartling, Garnos, Greenfield, Jerstad, Nesselhuf, and Two Bulls and Representatives Olson (Russell), Gassman, Gillespie, Halverson, and Krebs

         A LEGISLATIVE COMMEMORATION,  Honoring Jordan Arneson for achieving the rank of Eagle Scout.

     WHEREAS,  Jordan Arneson, son of Jeff and Marlys Arneson of Flandreau, has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout; and

     WHEREAS,  the Eagle Scout Award is the highest rank that a young man can achieve within the Boy Scouts of America, and Jordan Arneson was honored June 3, 2007, for this award; and

     WHEREAS,  Jordan Arneson has shown steady, persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent; and

     WHEREAS,  Jordan Arneson has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America, academics, and extracurricular activities:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Jordan Arneson, a member of Boy Scout Troop 62, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

     SC 7  Introduced by:  Senators Sutton, Bartling, Garnos, Greenfield, Jerstad, Nesselhuf, and Two Bulls and Representatives Gassman, Gillespie, Halverson, Krebs, and Olson (Russell)

         A LEGISLATIVE COMMEMORATION,  Honoring Anthony P. Sutton for achieving the rank of Eagle Scout.
     WHEREAS,  Anthony P. Sutton, son of Chuck and Val Sutton of Flandreau, has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout; and

     WHEREAS,  the Eagle Scout Award is the highest rank that a young man can achieve within the Boy Scouts of America, and Anthony P. Sutton was honored August 26, 2007, for this award; and

     WHEREAS,  Anthony P. Sutton has shown steady, persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent; and

     WHEREAS,  Anthony P. Sutton has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America, academics, and extracurricular activities:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Anthony P. Sutton, a member of Boy Scout Troop 62, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

     SC 8  Introduced by:  Senators Kloucek, Bartling, Garnos, Greenfield, Heidepriem, Hoerth, Hunhoff, Katus, Maher, Schmidt (Dennis), and Sutton and Representatives Putnam, Ahlers, Bradford, Brunner, Dennert, DeVries, Elliott, Engels, Feinstein, Gassman, Gillespie, Gilson, Gosch, Halverson, Haverly, Hunt, Jerke, Kirkeby, Lucas, Moore, Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Rounds, Sigdestad, Street, Tidemann, Turbiville, and Van Norman

         A LEGISLATIVE COMMEMORATION,  Recognizing and congratulating the Scotland Highlander Football Team for winning the 2007 State Class 9A Football Championship.

     WHEREAS,  the Scotland Highlander Football Team overcame much adversity to make a run in the playoffs, to achieve a 10-2 overall record, and to become the State Class 9A Champions for the second consecutive year; and

     WHEREAS,  the team included head coach Bob Graham; assistant coaches Kevin Janish and Joe Walloch; managers John Settje, Seth Ireland, and Kreg Kepplinger; statisticians Molly Kokesh, Katie Sedelacek, Brittany Loseke, and Tyler Grosz; cheerleaders Karla Rokusek, Amber Kruse, Ashley Fisher, Natasha Fischer, and Cindy Syrovatka; cheerleader coach Ashley Ulmer; and athletic director Jim Kocer; and

     WHEREAS,  the team members included Mike Kronaizl, Jordan Pravecek, Mark Sayler, Brian Bartlett, Connor Grosz, Trevor Whitt, Dillon Fischer, Tanner Suess, Grant Winckler, Zach Conrad, Nick Settje, Seth Jerke, Kyle Kepplinger, Jason Vaith, Jacob Herrboldt, Kyle Stewart, Kellyn Neth, Trey Simantel, Gregory Graham, Dexter Grosz, Spencer Bloch, Scott Streyle, Alvin Running, Levi Roth, Tyler Hubbard, Paul Plante, Trevor Larson, and Skyler Bloch:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Scotland Highlander Football Team is congratulated and honored

for their commitment to hard work and their dedication and motivation to athletic excellence, leading them to win the 2007 South Dakota Class 9A Football Championship.

     SC 9  Introduced by:  Senators Sutton, Bartling, Garnos, Greenfield, Jerstad, Nesselhuf, and Two Bulls and Representatives Gassman, Gillespie, Halverson, Krebs, and Olson (Russell)

         A LEGISLATIVE COMMEMORATION,  Honoring John C. Feske for achieving the rank of Eagle Scout.

     WHEREAS,  John C. Feske, son Dave and Deb Feske of Flandreau, has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout; and

     WHEREAS,  the Eagle Scout Award is the highest rank that a young man can achieve within the Boy Scouts of America, and John C. Feske was honored November 11, 2007, for this award; and

     WHEREAS,  John C. Feske has shown steady, persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent; and

     WHEREAS,  John C. Feske has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America, academics, and extracurricular activities:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that John C. Feske, a member of Boy Scout Troop 62, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

     SC 10  Introduced by:  Senators Kloucek, Bartling, Garnos, Hoerth, Hunhoff, Maher, and Sutton and Representatives Putnam, Elliott, Halverson, Haverly, Jerke, Moore, Olson (Betty), Sigdestad, Tidemann, and Van Norman

         A LEGISLATIVE COMMEMORATION,  Honoring an outstanding South Dakota newspaperman, Wayne Bertrand, of Scotland, South Dakota, on his induction into the South Dakota Newspaper Hall of Fame.

     WHEREAS,  Wayne Bertrand started his lifelong dedication to the newspaper business at the age of thirteen and progressed throughout the years working and gaining experience on numerous publications. He also demonstrated a commitment to leadership within the industry as he purchased the Scotland Journal, Tyndall Tribune, and Springfield Times. In 2007, he was inducted into the South Dakota Newspaper Hall of Fame for his work as publisher of the Scotland Journal; and

     WHEREAS,  he has demonstrated a strong involvement with his family, including his wife Mary Jo, his three daughters, eight grandchildren, and eleven great grandchildren. Mary Jo,

along with being his spouse, was also his partner in the business, and the Bertrands along with other publishers, formed the Dakota Action Rocket. The Bertrands were also actively involved in the building of a central printing plant in Armour; and

     WHEREAS,  he is committed to the success of his community through involvement with St. George Catholic Church, the Chamber of Commerce, Scot-Del development corporation, the school board, and as a 38-year member of the Scotland local volunteer fire department. In 1994, Wayne became golf course superintendent at Dawson Creek Golf Course in Scotland, where his wife joined him as club house manager:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Wayne Bertrand is honored for his commitment to the newspaper industry and to his community and for his induction into the South Dakota Newspaper Hall of Fame.

     SC 11  Introduced by:  Senators Kloucek, Bartling, Garnos, Hoerth, Hunhoff, Maher, and Sutton and Representatives Putnam, Elliott, Halverson, Haverly, Jerke, Juhnke, Moore, Olson (Betty), Sigdestad, Tidemann, and Van Norman

         A LEGISLATIVE COMMEMORATION,  Honoring an outstanding South Dakota newspaperman, Ralph Nachtigal for his numerous contributions to the state of South Dakota and the newspaper industry.

     WHEREAS,  Ralph Nachtigal of Platte, South Dakota, is a leader in the South Dakota newspaper industry and has written for the Watertown Public Opinion and the Sioux Falls Argus Leader. He was the owner of the Platte Enterprise from 1965-1999, where he is still an employee and still submits a widely popular weekly column "From the Bottom of the Barrel"; and

     WHEREAS,  Mr. Nachtigal has demonstrated his commitment to leadership through his service in the United States Navy, membership on the South Dakota Newspaper Association Board of Directors and the Platte Board of Education, and two terms as a member of the South Dakota House of Representatives; and

     WHEREAS,  Mr. Nachtigal exhibits a strong commitment to his family, including his wife Patricia, his two daughters, Julie and Monica, and his three grandchildren; and

     WHEREAS,  Mr. Nachtigal continues to strive for success and provide for his community through his service as president of the board of the Platte Health Care Center:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Ralph Nachtigal is honored for his commitment to the newspaper industry and his dedication to the well-being of his state and his community.

     SC 12  Introduced by:  Senators Hoerth, Jerstad, Kloucek, and Nesselhuf and Representatives Elliott, Dennert, Novstrup (Al), and Novstrup (David)


         A LEGISLATIVE COMMEMORATION,  Honoring Kelsey Kimbler for achieving the title of Junior Miss Aberdeen.

     WHEREAS,  Kelsey Kimbler of Aberdeen Central High School, daughter of Carl and Kelly Kimbler, has competed in the Junior Miss Aberdeen Talent Contest; and

     WHEREAS,  Kelsey went on to compete in the South Dakota Snow Queen Festival in January; and

     WHEREAS,  Kelsey is an outstanding athlete at Aberdeen Central High School, especially in track and field, as well as gymnastics; and

     WHEREAS,  Kelsey is an exceptional musician, playing first violin in the Aberdeen All-City Strings Concert:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Kelsey Kimbler be recognized and congratulated for achieving the title of Junior Miss Aberdeen.

     SC 13  Introduced by:  Senators Hoerth, Jerstad, Kloucek, and Nesselhuf and Representatives Elliott, Dennert, Novstrup (Al), and Novstrup (David)

         A LEGISLATIVE COMMEMORATION,  Honoring Amber Kolb for achieving the title of Miss Aberdeen.

     WHEREAS,  Amber Kolb of Aberdeen Central High School, daughter of Kurtis Kolb and the late Brenda Kolb, has competed in the Miss Aberdeen Talent Contest; and

     WHEREAS,  Amber went on to compete in the South Dakota Snow Queen festival in January; and

     WHEREAS,  Amber has demonstrated outstanding academic achievements, including Central High School's honor roll, National Honor Society, and October student of the month; and

     WHEREAS,  Amber has shown exemplary performance in extracurricular activities such as Central High School student senate, Northern South Dakota Math and Science Fair, and the International Science and Engineering Fair:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Amber Kolb be recognized and congratulated for achieving the title of Miss Aberdeen.

     SC 14  Introduced by:  Senators Hundstad, Abdallah, Albers, Apa, 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, and Two Bulls and Representatives Elliott, Ahlers, Boomgarden, Bradford, Buckingham, Burg, Carson, Cutler, Davis, Dennert, Dreyer, Dykstra, Engels, Faehn, Gassman, Gillespie, Gilson, Gosch, Hackl, Halverson, Hargens, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Lucas, Lust, Miles, Nelson, Noem, Novstrup (Al), Nygaard, Olson (Russell), Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Steele, Street, Thompson, Turbiville, Van Etten, Van Norman, Vanneman, Weems, and Willadsen

         A LEGISLATIVE COMMEMORATION,  Commending the Stratford Community Theatre and its many volunteers for building social and economic bonds in their local communities through the performing arts.

     WHEREAS,  on one wintery night in 1993 a group of local citizens established the Stratford Community Theatre and it has been putting on performances for fifteen consecutive years. The performances provide an opportunity to bring the Stratford community and the surrounding area together;

     WHEREAS,  the actors and volunteers have volunteered a significant amount of time constructing the stage, dressing rooms, and storage and putting on the plays, and Kristi Brunes has served as the play director for all fifteen years;

     WHEREAS,  the Stratford Community Theatre has many great accomplishments to its credit including the donation of money from play proceeds to needy persons, local organizations, and community improvements. The play proceeds have also been used to develop a scholarship fund:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature commends the Stratford Community Theatre for its many performances and contributions to the community and surrounding area.

SIGNING OF BILLS

     The President publicly read the title to

     SB 12: FOR AN ACT ENTITLED, An Act to  update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     HB 1010: FOR AN ACT ENTITLED, An Act to  define telecommunication services for taxation purposes.

     HB 1105: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the recording and indexing of homestead descriptions.

     HB 1125: FOR AN ACT ENTITLED, An Act to  permit the local board of equalization to remain in session for a sufficient period of time to consider property assessment appeals.

     And signed the same in the presence of the Senate.

     Sen. Orville Smidt moved that the Senate do now adjourn, which motion prevailed and at 3:44 p.m. the Senate adjourned.

Trudy Evenstad, Secretary