JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 28, 2009

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

     The prayer was offered by the Chaplain, Rev. Wes LaBrier, followed by the Pledge of Allegiance led by Senate page Michael Mayclin.

     Roll Call: All members present except Sen. Garnos who was 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 tenth 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 reappointment of Kelly Duncan of Union County, Dakota Dunes, South Dakota, to the South Dakota Board of Education.

     The question being "Does the Senate advise and consent to the executive reappointment of Kelly Duncan pursuant to the executive message as found on page 136 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Garnos; Hundstad

     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 appointment of Melanie J. Satchell of Pennington County, Rapid City, South Dakota, to the State Board of Regents.

     The question being "Does the Senate advise and consent to the executive appointment of Melanie J. Satchell pursuant to the executive message as found on page 48 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on State Affairs respectfully reports that it has had under consideration SB  57 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  82 and returns the same with the recommendation that said bill do NOT pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Timothy A. Reisch of Miner County, Howard, South Dakota, to the Assistant Adjutant General, Army and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 76 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 Health and Human Services respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1018, 1043, 1055, 1057, 1069, 1081, and 1097 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1003: A CONCURRENT RESOLUTION, Expressing solidarity with Israel in its defense against terrorism in the Gaza Strip.

     Was read the first time, the President waived the referral to committee, and placed HCR 1003 on the calendar of Thursday, January 29, the 12th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Agriculture and Natural Resources on SB 2 as found on page 189 of the Senate Journal ; also

     Commerce on SB 29 as found on page 185 of the Senate Journal ; also

     Education on SB 38 as found on page 183 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 100  Introduced by:  Senators Knudson, Gray, Heidepriem, Hunhoff (Jean), Maher, and Miles and Representatives Rausch, Cutler, Dennert, Engels, Faehn, Hunhoff (Bernie), Kirkeby, Krebs, Lust, Noem, Putnam, Steele, Tidemann, and Turbiville

     FOR AN ACT ENTITLED, An Act to revise the method of taxation of certain tobacco products.

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

     SB 101  Introduced by:  Senators Garnos, Gray, Knudson, Olson (Russell), and Peterson and Representatives Sly, Bolin, Brunner, Hamiel, McLaughlin, Schlekeway, and Van Gerpen

     FOR AN ACT ENTITLED, An Act to clarify the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.

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

     SB 102  Introduced by:  Senator Kloucek and Representative Putnam

     FOR AN ACT ENTITLED, An Act to provide for the issuance of limited use stickers for historical vehicle license plates.

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

     SB 103  Introduced by:  Senators Dempster, Heidepriem, Jerstad, Knudson, Tieszen, and Vehle and Representatives Cutler and Engels

     FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of the seat belt law.

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

     SB 104  Introduced by:  Senators Maher, Bartling, and Howie and Representatives Olson (Betty), Frerichs, Kirkeby, Moser, Russell, Schrempp, Sly, and Verchio

     FOR AN ACT ENTITLED, An Act to increase state matching funds for animal damage control.

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

     SB 105  Introduced by:  Senators Maher, Bartling, Bradford, Howie, Peterson, and Vehle and Representatives Peters, Cronin, Frerichs, Kirkeby, Moser, Olson (Betty), Russell, Schrempp, Street, and Verchio

     FOR AN ACT ENTITLED, An Act to require the State Brand Board to provide certain reports and information.

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

     SB 106  Introduced by:  Senators Knudson, Abdallah, Adelstein, Bartling, Dempster, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Heidepriem, Jerstad, Maher, Merchant, Miles, Olson (Russell), Peterson, Tieszen, and Vehle and Representatives Cutler, Curd, Dreyer, Frerichs, Hunhoff (Bernie), Lucas, Peters, Rave, Schlekeway, Street, Thompson, and Turbiville

     FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to general education formula, to set a maximum per student allocation for school districts with an excess general fund balance, and to require the Legislature to estimate general fund revenues for the current fiscal year and the next fiscal year.

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

     SB 107  Introduced by:  Senators Tieszen, Abdallah, Hansen (Tom), Jerstad, Miles, and Nelson and Representatives Schlekeway, Kirkeby, Lust, Moser, Sly, and Vanneman

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the posting of the penalty for the illegal use of a designated parking space for a person with a physical disability.

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

     SB 108  Introduced by:  Senators Tieszen, Abdallah, Adelstein, Bartling, Bradford, Garnos, Gray, Hansen (Tom), Howie, Nelson, and Vehle and Representatives Pitts, Brunner, Burg, Carson, Dennert, Engels, Kirkeby, Russell, and Vanneman

     FOR AN ACT ENTITLED, An Act to exclude parole agents from concealed weapons permit requirements.

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

     SB 109  Introduced by:  The Committee on Health and Human Services at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to revise the provisions for the risk pool to allow uninsurable children to enroll and to provide for additional funding.

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

     SB 110  Introduced by:  Senators Gant, Gray, Jerstad, Miles, Nesselhuf, and Schmidt and Representatives Boomgarden, Feinstein, Kirkeby, Lederman, and Novstrup (David)

     FOR AN ACT ENTITLED, An Act to repeal the limited campaign finance disclosure statement which could be used by certain candidates or candidate campaign committees for legislative office.


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

     SB 111  Introduced by:  Senator Haverly and Representative Gosch

     FOR AN ACT ENTITLED, An Act to authorize unemployment benefits for the spouses of certain military personnel.

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

     SB 112  Introduced by:  Senators Kloucek and Maher and Representatives Moser, Frerichs, Lange, and Schrempp

     FOR AN ACT ENTITLED, An Act to require that certain student meal plans be offered at public colleges and universities.

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

     SB 113  Introduced by:  Senators Kloucek, Ahlers, and Miles and Representatives Feickert, Nygaard, and Schrempp

     FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the provision of water services by municipalities or rural water systems in areas located within three miles of a municipality.

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

     SB 114  Introduced by:  Senators Kloucek and Howie and Representatives Lange, Feickert, Frerichs, Greenfield, Jensen, Killer, Lucas, Nygaard, Rave, Schrempp, Sorenson, and Street

     FOR AN ACT ENTITLED, An Act to provide for a study of the feasibility of establishing an equine processing facility and to make an appropriation therefor.

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

     SB 115  Introduced by:  Senators Hanson (Gary), Abdallah, Bartling, Fryslie, Haverly, Heidepriem, Howie, Kloucek, Peterson, Rhoden, and Vehle and Representatives Noem, Burg, Dennert, Feinstein, Juhnke, Pitts, Rausch, Street, and Wink

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to the initiation of modifications to county comprehensive plans.

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


     SB 116  Introduced by:  Senators Knudson, Abdallah, Ahlers, Bartling, Bradford, Brown, Dempster, Gant, Garnos, Gillespie, Gray, Hanson (Gary), Heidepriem, Hundstad, Kloucek, Maher, Merchant, Miles, Nelson, Nesselhuf, Olson (Russell), Peterson, Rhoden, and Turbak Berry and Representatives Faehn, Blake, Bolin, Boomgarden, Burg, Carson, Curd, Cutler, Dennert, Dreyer, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hamiel, Hunhoff (Bernie), Juhnke, Kirkeby, Kirschman, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Peters, Pitts, Putnam, Rausch, Romkema, Russell, Schlekeway, Schrempp, Solberg, Solum, Sorenson, Steele, Street, Thompson, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, and Wismer

     FOR AN ACT ENTITLED, An Act to impose a tax on ethyl alcohol and methyl alcohol used in motor vehicles on the public highways and to revise certain provisions regarding the fuel excise tax.

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

     SB 117  Introduced by:  Senators Knudson, Adelstein, Bartling, Bradford, Gillespie, Hanson (Gary), Heidepriem, Jerstad, Maher, Merchant, Miles, Peterson, Schmidt, Turbak Berry, and Vehle and Representatives Faehn, Burg, Carson, Cutler, Dennert, Elliott, Feinstein, Frerichs, Greenfield, Hunhoff (Bernie), Kirkeby, Krebs, Lange, Lucas, Noem, Olson (Betty), Solum, Street, Thompson, Turbiville, and Vanneman

     FOR AN ACT ENTITLED, An Act to appropriate funds to the postsecondary technical institutes for program enhancement.

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

     SB 118  Introduced by:  Senator Haverly and Representative Peters

     FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

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

     SB 119  Introduced by:  Senators Maher, Bradford, Hansen (Tom), Hanson (Gary), Hunhoff (Jean), Novstrup (Al), Olson (Russell), and Rhoden and Representatives Brunner, Feickert, Juhnke, Lederman, Lucas, Nygaard, Olson (Betty), Schrempp, and Wink

     FOR AN ACT ENTITLED, An Act to revise the authority of the state and counties to transfer highway right-of-ways under certain conditions.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1018: FOR AN ACT ENTITLED, An Act to require a portion of the annual report filing fee paid by certain entities to be deposited in the financing statement and annual report filing fee fund.

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

     HB 1043: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and dentists who have complied with the requirements of the physician tuition reimbursement program or the dental tuition reimbursement program.

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

     HB 1055: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell certain real property located at the Cleghorn Fish Hatchery to the City of Rapid City.

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

     HB 1057: FOR AN ACT ENTITLED, An Act to revise the maximum reimbursement for workers' compensation burial expenses.

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

     HB 1069: FOR AN ACT ENTITLED, An Act to increase certain fees charged by the Office of the Secretary of State.

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

     HB 1081: FOR AN ACT ENTITLED, An Act to make an appropriation to defray operation costs of the 24/7 sobriety program.

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

     HB 1097: FOR AN ACT ENTITLED, An Act to provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

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


SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Bradford requested that HB 1017 be removed from the Consent Calendar.

     SB 31: FOR AN ACT ENTITLED, An Act to revise certain labeling requirements for gasoline or gasoline blends.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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 51: FOR AN ACT ENTITLED, An Act to provide for a drug screening program for certain applicants and employees of the Wildland Fire Suppression Division.

     Was read the second time.

     The question being "Shall SB 51 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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 1015: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding inmate appeal of prison disciplinary actions.

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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 1016: FOR AN ACT ENTITLED, An Act to revise the applicability of the rules of evidence to proceedings before the Board of Pardons and Paroles.

     Was read the second time.

     The question being "Shall HB 1016 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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

     Sen. Knudson moved that SB 3 be deferred to Thursday, January 29, the 12th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 4 be deferred to Thursday, January 29, the 12th legislative day.

     Which motion prevailed.

     SB 73: FOR AN ACT ENTITLED, An Act to permit persons sixteen years of age to donate blood under certain circumstances.

     Was read the second time.

     The question being "Shall SB 73 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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 1: FOR AN ACT ENTITLED, An Act to clarify, repeal, update, and make form and style revisions to certain statutes related to the Department of Game, Fish and Parks.


     Was read the second time.

     The question being "Shall SB 1 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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 37: FOR AN ACT ENTITLED, An Act to establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.

     Was read the second time.

37xa

     Sen. Tieszen moved that SB 37 be amended as follows:

     On page 1, line 11, of the printed bill, after "program" insert "in response to a declared public health emergency as provided for in § §  34-22-41 to 34-22-44, inclusive".

     Which motion prevailed.

     The question being "Shall SB 37 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Gillespie; Hanson (Gary); Heidepriem; Maher; Turbak Berry

     Excused:
Garnos

     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 69: FOR AN ACT ENTITLED, An Act to revise the requirement for a fire equipment shop.

     Was read the second time.

     The question being "Shall SB 69 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Kloucek

     Excused:
Garnos

     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 70: FOR AN ACT ENTITLED, An Act to repeal the provision requiring a forty-eight hour waiting period to purchase a pistol.

     Was read the second time.

     The question being "Shall SB 70 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Garnos

     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 78: FOR AN ACT ENTITLED, An Act to revise the mandatory retirement age of judges of the Supreme Court and circuit court.

     Was read the second time.

     The question being "Shall SB 78 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Gant; Howie; Knudson

     Excused:
Garnos

     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

     HB 1032: FOR AN ACT ENTITLED, An Act to revise the definition of an accredited prevention or treatment facility for the purposes of the prevention and treatment of alcohol and drug abuse.

     Was read the second time.


1032oa

     Sen. Hunhoff (Jean) moved that HB 1032 be amended as follows:

     On page 1, line 8, of the printed bill, delete " on Accreditation of ".

     On page 1, line 9, delete " Health Care Organizations ".

     On page 2, line 7, overstrike "on Accreditation of Health Care Organizations".

     On page 2, line 13, overstrike "on Accreditation of Health Care Organizations".

     Which motion prevailed.

     The question being "Shall HB 1032 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Abdallah; Garnos

     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 1083: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Commission on Gaming to assess costs of certain special meetings.

     Was read the second time.

     The question being "Shall HB 1083 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Abdallah; Garnos

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

     Sen. Hansen (Tom) moved that the Senate do now adjourn, which motion prevailed and at 3:05 p.m. the Senate adjourned.

Trudy Evenstad, Secretary