JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



TWENTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 20, 2008

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

     The prayer was offered by the Chaplain, Rev. Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate page Trent Edwards.

     Roll Call: All members present except Sens. Duenwald and Two Bulls who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-sixth 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 Local Government respectfully reports that it has had under consideration HB 1151 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1272 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 State Affairs respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill be amended as follows:

1107oa

     On page 15, line 19, of the House State Affairs Committee engrossed bill, delete " one hundred " and insert " twenty-five ".

     On page 16, line 11, delete " fifty " and insert " ten ".

     On page 16, line 16, delete " five fifty " and insert "five".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1320 and returns the same with the recommendation that said bill be amended as follows:

1320ob

     On page 4, line 15, of the House State Affairs Committee engrossed bill, after "lines" insert "or".

     On page 5, line 2, after "fund" delete "by the first day of June" and insert "prior to the distribution of any money as provided in section 6 of this Act".
    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1233 and 1266 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1318 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1173, 1238, and 1239 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 HB  1157 and 1201 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 Judiciary respectfully reports that it has had under consideration HB 1100 and returns the same with the recommendation that said bill be amended as follows:

1100ri

     On page 2, line 3, of the House engrossed bill, delete "domestic abuse" and insert "physical harm or bodily injury to a family or household member".

1100rj

     On page 2, line 2, of the House engrossed bill, after "parent" delete ",".
     On page 2, line 3, delete everything after "abuse" .

     On page 2, line 4, delete everything before "."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill be amended as follows:

1149ja

     On page 1, line 13, of the printed bill, overstrike "either or both of the parties" and insert " the abusing party ".

     On page 2, line 4, overstrike "parties" and insert " abusing party ".

1149jta

     On page 1, line 1, of the printed bill, delete "extend the period of time a protection order" and insert "revise certain provisions regarding protection orders".

     On page 1, line 2, delete "may remain in effect".

    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 HB 1162 and returns the same with the recommendation that said bill be amended as follows:

1162ra

     On page 1, line 9, of the printed bill, after "design." insert "It is not a violation of this Act to tattoo a minor in compliance with the provisions of §  26-10-19. It is not a violation of this Act to pierce any part of a minor's body for the purpose of jewelry or adornment with consent."

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

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 13, 87, and 156 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 34, 36, 38, 43, 51, 63, 64, 65, 68, 69, 83, 133, 139, 200, and 202 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Garnos moved that the Senate do concur in House amendments to SB 15.

     The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 15.

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; 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); Turbak Berry

     Excused:
Apa; Duenwald; Greenfield; Sutton; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORT OF COMMITTEE

     Sen. Knudson moved that the report of the Standing Committee on

     Appropriations on HB 1087 as found on page 542 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Ed Olson requested that HB 1163 be removed from the Consent Calendar.

     HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

     Was read the second time.

     The question being "Shall HB 1136 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; 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

     Excused:
Apa; Duenwald; Greenfield; Two Bulls

     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 1146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding subsequent administration of an estate.

     Was read the second time.

     The question being "Shall HB 1146 pass as amended?"

     And the roll being called:


     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; 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

     Excused:
Apa; Duenwald; Greenfield; Two Bulls

     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 1168: FOR AN ACT ENTITLED, An Act to clarify the penalty applicable to violations of certain no contact orders.

     Was read the second time.

     The question being "Shall HB 1168 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; 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

     Excused:
Apa; Duenwald; Greenfield; Two Bulls

     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 1290: FOR AN ACT ENTITLED, An Act to exempt certain entities from certain requirements for persons in the business of mortgage lending.

     Was read the second time.

     The question being "Shall HB 1290 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; 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

     Excused:
Apa; Duenwald; Greenfield; Two Bulls

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that HB 1069 be deferred to Thursday, February 21, the 28th legislative day.

     Which motion prevailed.

     HB 1080: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a student athlete development center on the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1080 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0

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

     Nays:
Greenfield; Koetzle; Maher

     Excused:
Duenwald; Two Bulls

     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.

     HB 1081: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace storage facilities at the Cottonwood Agricultural Experiment Station and to make an appropriation therefor.

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

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Abdallah; Koetzle

     Excused:
Duenwald; Two Bulls

     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.

     HB 1082: FOR AN ACT ENTITLED, An Act to revise the appropriation for a new dairy manufacturing plant at South Dakota State University.

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

     The question being "Shall HB 1082 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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


     Nays:
Koetzle; Maher

     Excused:
Duenwald; Olson (Ed); Two Bulls

     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.

     HB 1083: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new public restroom facility at McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1083 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 3, Excused 3, Absent 0

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

     Nays:
Greenfield; Koetzle; Maher

     Excused:
Duenwald; McNenny; Two Bulls

     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.

     HB 1084: FOR AN ACT ENTITLED, An Act to increase the previously enacted expenditure authority for certain approved construction projects and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0


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

     Nays:
Greenfield; Koetzle; Maher

     Excused:
Duenwald; Two Bulls

     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.

     HB 1129: FOR AN ACT ENTITLED, An Act to establish the Commission on Equal Access to Our Courts and to make an appropriation therefor and to provide for the distribution of any residual funds from class action lawsuits to the commission or other nonprofit charitable organizations.

     Was read the second time.

1129jb
     Sen. Ed Olson moved that HB 1129 be further amended as follows:

     On page 2 of the House engrossed bill, delete lines 19 to 23, inclusive.

     Which motion lost.

     The question being "Shall HB 1129 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; Two Bulls

     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.


     HB 1138: FOR AN ACT ENTITLED, An Act to prohibit the use of a false academic degree or a degree that is not completed.

     Was read the second time.

     The question being "Shall HB 1138 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hundstad; Hunhoff; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Turbak Berry

     Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Jerstad; Kloucek; Peterson (Jim); Sutton

     Excused:
Duenwald; Two Bulls

     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 1178: FOR AN ACT ENTITLED, An Act to make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     Was read the second time.

     The question being "Shall HB 1178 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; Two Bulls

     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.

     HB 1179: FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the state fair.

     Was read the second time.

     The question being "Shall HB 1179 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent 0

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

     Nays:
Abdallah; Koetzle; Maher; Napoli; Schmidt (Dennis)

     Excused:
Duenwald; Two Bulls

     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.

     HB 1198: FOR AN ACT ENTITLED, An Act to revise the amount of a judgment in a petty offense case.

     Was read the second time.

     The question being "Shall HB 1198 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Napoli

     Excused:
Duenwald; Two Bulls

     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 1218: FOR AN ACT ENTITLED, An Act to increase the maximum allowable outstanding amount of bonds issued by the Health and Educational Facility Authority on behalf of the four technical institutes.

     Was read the second time.

     The question being "Shall HB 1218 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; Two Bulls

     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 1258: FOR AN ACT ENTITLED, An Act to require that certain gift certificates conspicuously disclose information regarding fees and expiration dates.

     Was read the second time.

     The question being "Shall HB 1258 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; 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

     Nays:
Apa; Gant; Hunhoff; Napoli

     Excused:
Duenwald; Two Bulls

     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 1260: FOR AN ACT ENTITLED, An Act to revise sex offender registry provisions for persons without a residence address.

     Was read the second time.

     Sen. Knudson moved that HB 1260 be placed to follow HB 1294 on today's calendar.

     Which motion prevailed.

     HB 1269: FOR AN ACT ENTITLED, An Act to allow a beer and wine combination license.

     Was read the second time.

     The question being "Shall HB 1269 pass?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; 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

     Nays:
Apa; Olson (Ed)

     Excused:
Duenwald; Two Bulls

     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 1274: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding the South Dakota opportunity scholarships.

     Was read the second time.

     The question being "Shall HB 1274 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Napoli

     Excused:
Duenwald; Two Bulls

     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 1294: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue additional on-sale alcoholic beverage licenses under certain circumstances.

     Was read the second time.

1294ff

     Sen. Turbak Berry moved that HB 1294 be further amended as follows:

     On the Senate State Affairs Committee engrossed bill delete all Senate State Affairs Committee amendments thus restoring the bill to the House Commerce Committee engrossed version.

     Sen. Ed Olson requested a roll call vote.

     Which request was supported.

     The question being on Sen. Turbak Berry's motion that HB 1294 be further amended.

     And the roll being called:

     Yeas 19, Nays 14, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Hauge; Heidepriem; Hoerth; Hunhoff; Katus; Kloucek; Koetzle; Lintz; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry

     Nays:
Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Jerstad; Knudson; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville)

     Excused:
Duenwald; Two Bulls

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

1294fi

     Sen. Sutton moved that HB 1294 be further amended as follows:

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

     "Section 1. In addition to the number of on-sale licenses that may be issued pursuant to §  35-4-11, a municipality may issue additional on-sale licenses for full-service restaurants. The number of full-service restaurant on-sale licenses that may be issued pursuant to this section may not exceed ten percent of the total number of on-sale licenses allowed or issued pursuant to § §  35-4-11 and 35-4-13 or three on-sale licenses, whichever is greater.

         Section 2. Terms used in this Act mean:

                 (1)    "Bar," any permanently installed counter within the restaurant area from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages;

                 (2)    "Full-service restaurant," any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food and victuals such as sandwiches, hamburgers, or salads is not a full-service restaurant;
                 (3)    "Restaurant," any area in a building maintained, advertised, and held out to the public as a place where individually priced meals are prepared and served primarily for consumption in such area and where seventy percent or more of the gross revenue of the restaurant is derived from the sale of prepared food and nonalcoholic beverages. The restaurant shall have a dining room or rooms, a kitchen, and the number and kinds of employees necessary for the preparing, cooking, and serving of meals.

         Section 3. An applicant for a full-service restaurant on-sale license shall provide sufficient documentation to the municipality to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverages. The supporting documentation concerning the primary source of revenue submitted pursuant to this section is confidential.

         Section 4. When the municipality is renewing a full-service restaurant on-sale license, the municipality shall condition the licence renewal upon receiving documentation that seventy percent or more of gross sales from the preceding twelve months operation of the full service restaurant is derived from the sale of prepared food and nonalcoholic beverages. The full-service restaurant on-sale licensee shall submit an annual report to the municipality on the sales for the full-service restaurant that includes an oath verifying the validity of the information provided in the report. The report and the supporting documentation submitted pursuant to this section are confidential. The report shall contain the annual gross sales of the licensee for the following two categories:

                 (1)    Food and nonalcoholic beverage sales; and

                 (2)    Alcoholic beverage sales.

         Section 5. A full-service restaurant on-sale licensee may only serve alcoholic beverages for on-premise consumption in the bar and dining room area of the restaurant.

         Section 6. The provisions of §  35-4-81 apply to each full-service restaurant on-sale licensee, except, that no licensee may sell, serve, or allow to be consumed on the premises covered by the license, any alcoholic beverages between the hours of eleven p.m. and eleven a.m.

         Section 7. A restaurant that has a full-service restaurant on-sale license may only be advertised or held out to the public as primarily a food eating establishment.

         Section 8. No restaurant that has a full-service restaurant on-sale license may:

                 (1)    Conduct video lottery pursuant to chapter 42-7A upon the location where the license is held;

                 (2)    Allow smoking on the premises; or

                 (3)    Transfer or sell the full-service restaurant on-sale license to another location.
         Section 9. No premise licensed under the provisions of subdivision 35-4-2 (4), (6), (11), or (13) prior to July 1, 2008, may be licensed as a full-service restaurant on-sale license prior to July 1, 2020.

         Section 10. The license fee for a restaurant license issued by a municipality with a population that is:

                 (1)    Sixty thousand or more, may not be less than two hundred thousand dollars;

                 (2)    Twenty thousand or more but less than sixty thousand, may not be less than one hundred thousand dollars;

        (3)    Five thousand or more but less than twenty thousand, may not be less than seventy- five thousand dollars; and

                 (4)    Less than five thousand, may not be less than twenty-five thousand dollars.

         Section 11. No on-sale license annexed into a municipality pursuant to §  35-4-13 may be transferred to a new location for a period of three years after the annexation."

    The President now presiding

     Sen. Ed Olson requested a roll call vote.

     Which request was supported.

     The question being on Sen. Sutton's motion that HB 1294 be further amended.

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent 0

     Yeas:
Apa; Bartling; Dempster; Garnos; Gray; Heidepriem; Hoerth; Hundstad; Katus; Knudson; Lintz; McCracken; Nesselhuf; Olson (Ed); Sutton; Turbak Berry

     Nays:
Abdallah; Albers; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Jerstad; Kloucek; Koetzle; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Smidt (Orville)

     Excused:
Duenwald; Two Bulls

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

1294xa
     Sen. Gray moved that HB 1294 be further amended as follows:

     On the Senate State Affairs Committee engrossed bill, restored to the House Commerce Committee engrossed version, on page 3 of the House Commerce Committee engrossed bill, delete lines 9 to 13, inclusive.

1294xb

     Sen. Napoli moved that Sen. Gray's amendment to HB 1294 be amended as follows:

     In the pending amendment (1294xa), delete "9 to 13" and insert "12 and 13".

     On the Senate State Affairs Committee engrossed bill, restored to the House Commerce Committee engrossed version, on page 3, line 9 of the House Commerce Committee engrossed bill, delete ":".

     On page 3, line 10, delete "(1) Conduct" and insert "conduct".

     On page 3, line 11, delete ";" and insert "."

     Sen. Ed Olson requested a roll call vote.

     Which request was supported.

    The question being on Sen. Napoli's motion that Sen. Gray's motion to amend HB 1294 be amended.

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Sutton; Turbak Berry

     Nays:
Hansen (Tom); Hunhoff; Kloucek; Koetzle; Nesselhuf; Peterson (Jim); Smidt (Orville)

     Excused:
Duenwald; Two Bulls

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

    The question now being on Sen. Gray's motion to further amend HB 1294 as amended by the Napoli amendment.

    Which motion prevailed.

1294xc
     Sen. Turbak Berry moved that HB 1294 be further amended as follows:

     On the Senate State Affairs Committee engrossed bill, restored to the House Commerce Committee engrossed version, on page 2, line 16, of the House Commerce Committee engrossed bill, delete "licence" and insert "license".

     On page 3, line 17, delete "restaurant" and insert "full-service restaurant on-sale".

     Which motion prevailed.

     The question now being "Shall HB 1294 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry

     Nays:
Gant; Hansen (Tom); Hundstad; Hunhoff; Jerstad; Kloucek; Nesselhuf; Smidt (Orville)

     Excused:
Duenwald; 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.

1294xta
     Sen. Turbak Berry moved that the title to HB 1294 be amended as follows:

     On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "Act to" and insert "authorize a class of full-service restaurant on-sale licenses to be issued by first class municipalities."

     On page 1, delete line 2.
     Which motion prevailed.

     HB 1260: FOR AN ACT ENTITLED, An Act to revise sex offender registry provisions for persons without a residence address.

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

     The question being "Shall HB 1260 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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); Sutton; Turbak Berry

     Excused:
Duenwald; Olson (Ed); Smidt (Orville); Two Bulls

     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 34, 36, 38, 43, 51, 63, 64, 65, 68, 69, 83, 133, 139, 200, and 202 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

     There being no objection, the Senate proceeded to Order of Business No. 7.


MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1096.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATION

     SC 19  Introduced by:  Senators Kloucek, Gant, Garnos, Gray, Hanson (Gary), Heidepriem, Hunhoff, Katus, Koetzle, Maher, Napoli, and Two Bulls and Representatives Putnam, Bradford, Gassman, Gilson, Glenski, Halverson, Howie, Jerke, Lucas, Moore, Nygaard, Rounds, Thompson, Tidemann, Van Norman, and Vehle

         A LEGISLATIVE COMMEMORATION,  Honoring an outstanding South Dakota couple, Leonard and Mildred Cimpl, of Tabor, South Dakota, on receiving the Ben Black Elk Award which recognizes individuals who make outstanding contributions to South Dakota's tourism industry.

     WHEREAS,  Leonard and Mildred have played an integral role in the development and success of Tabor Czech Days. Leonard has been chairman of the event for many years, while Mildred was in charge of the Beseda dancers, and both have been boosters of Czech Days for sixty years; and

     WHEREAS,  the Cimpls have a strong commitment to family including their three children, Reverend Charles Cimpl, Joe Cimpl and his wife Deb, and Sue Stoll and her husband Mike, and their four grandchildren, Selina Cimpl, Beth Cimpl, Tyler Stoll, and Scott Stoll; and

     WHEREAS,  the Cimpls demonstrate a lifelong commitment for bettering their community through their ownership of Cimpl's Market and Cimpl Feed and Grain and Leonard's position as a former Mayor of Tabor and Bon Homme County's weed supervisor. Mildred's continued efforts and dependability have been an integral part of the success of the Tabor Area Chamber of Commerce; and

     WHEREAS,  the Cimpls are active volunteers within St. Wenceslaus Church in Tabor, Kordan Hatwan American Legion Post #183 in Tabor, the Tabor Area Chamber of Commerce, the Czech Heritage Preservation Society, Beseda Dancers, and numerous other activities year- round:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Leonard and Mildred Cimpl be honored for their outstanding

contributions to South Dakota's tourism industry as Ben Black Elk Award recipients and their year-round dedication to Tabor Czech Days.

SIGNING OF BILLS

     The President publicly read the title to

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

     SB 36: FOR AN ACT ENTITLED, An Act to  revise the discount medical plan organization's renewal period requirements.

     SB 38: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the consideration of assets for the purpose of long-term care eligibility.

     SB 43: FOR AN ACT ENTITLED, An Act to  revise the requirements regarding the siting of energy facilities.

     SB 51: FOR AN ACT ENTITLED, An Act to  revise certain terminology, licensing requirements, and procedures regarding the Board of Examiners of Psychologists.

     SB 63: FOR AN ACT ENTITLED, An Act to  require local law enforcement officers to provide certain information to repossession businesses under certain circumstances.

     SB 64: FOR AN ACT ENTITLED, An Act to  provide certain provisions regarding the regulation of recreational park trailers.

     SB 65: FOR AN ACT ENTITLED, An Act to  define intentional exposure to HIV infection by sexual intercourse as a sex crime subject to registry as a sex offender.

     SB 68: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding mufflers on motorcycles.

     SB 69: FOR AN ACT ENTITLED, An Act to  add marijuana to the list of abusive substances for the purposes of determining child abuse.

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

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

     SB 139: FOR AN ACT ENTITLED, An Act to  revise the definition for authorized emergency vehicles.

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

     SB 202: FOR AN ACT ENTITLED, An Act to  prohibit certain military sales practices for life insurance and annuities.

     HB 1097: FOR AN ACT ENTITLED, An Act to  provide for the imposition of certain sanctions against parties who willfully do not comply with custody or visitation decrees.

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

     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.

     HB 1212: FOR AN ACT ENTITLED, An Act to  allow the marketing of group insurance for wireless telecommunications equipment under certain conditions.

     HB 1213: FOR AN ACT ENTITLED, An Act to  provide a uniform standard for processing of accident and health carrier policy rate and form filings.

     And signed the same in the presence of the Senate.

     Sen. Kloucek moved that the Senate do now adjourn, which motion prevailed and at 4:10 p.m. the Senate adjourned.

Trudy Evenstad, Secretary