Senate Journal 2/3/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 3, 2009

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

The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of Allegiance led by Senate page Tessa Bollinger.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourteenth 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

The Committee on State Affairs respectfully reports that it has had under consideration SB 93, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 7, of the printed bill, delete everything after "Section 2."

On page 3, line 8, delete everything before "This" .

And that as so amended said bill do NOT pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1027 and 1030 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 90 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 14 of the printed bill, overstrike "No more than".

On page 2, delete lines 1 and 2, and insert " ~~variety of malt beverage, one variety of wine, and one variety of distilled spirits, liqueur, or cordial may be offered for sampling~~ ".

On page 2, line 3, overstrike "in any one day."

On page 2, line 5, of the printed bill, overstrike everything after "."

On page 2, line 6, overstrike everything before "A" .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete " ~~four~~ six " and insert "four".

On page 1, line 7, of the printed bill, overstrike "four" and insert " five ".

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

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 111 which was tabled.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 81 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 101 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 108 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 99 and 107 and HB 1035 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 SB 96 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 2, of the printed bill, delete "officer" and insert "officers".

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 1088 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the House Judiciary Engrossed bill, delete " thirty " and insert " seven ".

On page 2, line 11, delete " thirty " and insert " seven ".

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 1089 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete " if grounds are shown " and insert " if sufficient grounds are alleged ".

On page 1, line 10, delete " if grounds are shown " and insert " if sufficient grounds are alleged ".

And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE

I have the honor to transmit herewith HB 1004, 1010, 1011, 1022, 1026, 1090, 1112, 1133, 1136, and 1139 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, To honor and thank George W. Bush, the forty-third president of the United States of America.

Was read the first time, the President waived the referral to committee, and placed HCR 1005 on the calendar of Wednesday, February 4, the 16^th legislative day.

SCR 2: A CONCURRENT RESOLUTION, Urging the reinstatement and funding of a federal inspection program governing horse slaughter and euthanasia facilities.

Was read the second time.

Sen. Kloucek moved that SCR 2 as found on page 259 of the Senate Journal be adopted.

The question being on Sen. Kloucek's motion that SCR 2 be adopted.

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; 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:
Adelstein; Dempster; Hansen (Tom); Knudson

Excused:
Howie

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

CONSIDERATION OF REPORT OF COMMITTEE

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

Transportation on SB 129 as found on page 258 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 183 Introduced by: Senator Gillespie and Representatives Lederman and Bolin

FOR AN ACT ENTITLED, An Act to establish certain requirements concerning the publication of county notices.

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

SB 184 Introduced by: Senators Hanson (Gary), Fryslie, Garnos, Maher, Peterson, and Schmidt and Representatives Vanneman, Brunner, Hunhoff (Bernie), Jensen, Juhnke, Lucas, and Turbiville

FOR AN ACT ENTITLED, An Act to require the terms of wind easements or options to accommodate other easements for essential services.

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

SB 185 Introduced by: Senators Olson (Russell), Bradford, Garnos, and Maher and Representatives Frerichs, Fargen, Hamiel, Lucas, Moser, Olson (Ryan), and Van Gerpen

FOR AN ACT ENTITLED, An Act to revise the graduation requirements for students entering ninth grade in 2009 and thereafter by eliminating the option of the basic high school program.

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

SB 186 Introduced by: Senator Olson (Russell)

FOR AN ACT ENTITLED, An Act to provide for the imposition of a late payment fee for unpaid child support.

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

SB 187 Introduced by: Senators Rhoden, Ahlers, Hansen (Tom), and Hanson (Gary) and Representatives Vanneman, Brunner, Burg, Juhnke, Olson (Betty), and Rounds

FOR AN ACT ENTITLED, An Act to allow the merger or consolidation of a cooperative and its subsidiary.

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

SB 188 Introduced by: Senators Rhoden, Howie, and Maher and Representative Brunner

FOR AN ACT ENTITLED, An Act to provide for the appointment of members of the State Brand Board by district.

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

SB 189 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to payments to teachers obtaining certain national board certification.

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

SB 190 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

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

SB 191 Introduced by: Senators Dempster, Adelstein, Ahlers, Bartling, Fryslie, Garnos, Gillespie, Heidepriem, Jerstad, Knudson, Nelson, Nesselhuf, Peterson, Tieszen, and Turbak Berry and Representatives Krebs, Blake, Curd, Cutler, Deadrick, Feinstein, Gibson, Gosch, Kirkeby, Lederman, Lucas, McLaughlin, Rave, Romkema, Solberg, Street, Turbiville, and Vanderlinde

FOR AN ACT ENTITLED, An Act to establish eligibility criteria, community planning processes, and quality benchmarks for state-supported prekindergarten programs.

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

SB 192 Introduced by: Senators Gant and Miles and Representatives Kirkeby, Sly, and Thompson

FOR AN ACT ENTITLED, An Act to exempt the gross receipts from certain food coupons from sales tax.

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

SB 193 Introduced by: Senators Adelstein, Bartling, Gillespie, and Miles and Representatives Blake, Dennert, McLaughlin, Moser, Pitts, Street, and Vanderlinde

FOR AN ACT ENTITLED, An Act to expand medicaid eligibility for pregnant women upon certain conditions and to provide an appropriation therefor.

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

SB 194 Introduced by: Senators Adelstein, Bradford, and Tieszen and Representatives Kirkeby, Curd, Jensen, Lust, and McLaughlin

FOR AN ACT ENTITLED, An Act to increase revenues for state and local highways by increasing the fuel excise tax on certain ethanol blends.

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

SB 195 Introduced by: Senators Nesselhuf, Adelstein, Nelson, and Turbak Berry and Representatives Engels, Blake, Cutler, Dreyer, Hoffman, Hunhoff (Bernie), McLaughlin, and Street

FOR AN ACT ENTITLED, An Act to repeal the ban on certain medical research.

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

SB 196 Introduced by: Senators Howie, Abdallah, Gant, and Haverly and Representatives Verchio, Kopp, Lederman, Lust, and Turbiville

FOR AN ACT ENTITLED, An Act to increase the sales and use tax and to allocate and appropriate the increased revenue for property tax reduction.

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

SB 197 Introduced by: Senator Heidepriem and Representative Hunhoff (Bernie)

FOR AN ACT ENTITLED, An Act to create a South Dakota Federal Stimulus Fund Commission.

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

SB 198 Introduced by: Senators Peterson, Ahlers, and Gillespie and Representatives Street, Engels, Feinstein, Hunt, McLaughlin, and Olson (Betty)

FOR AN ACT ENTITLED, An Act to require notice if certain immunizations contain more than trace amounts of mercury.

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

SB 199 Introduced by: Senators Merchant, Adelstein, Bartling, Bradford, Jerstad, and Nelson and Representatives Cutler, Feinstein, Killer, Kirschman, Lange, and Lederman

FOR AN ACT ENTITLED, An Act to repeal the sales and use tax on certain food items, to increase the rate of taxation for the sales and use tax on certain goods and services, to provide for the distribution of certain revenue to municipalities, and to repeal the sales tax on food refund program.

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

SB 200 Introduced by: Senator Vehle and Representative Krebs

FOR AN ACT ENTITLED, An Act to provide for a tax on the wholesale price of certain fuel and to increase the fuel excise tax.

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

SB 201 Introduced by: Senators Vehle, Bradford, Dempster, Fryslie, Hansen (Tom), Knudson, and Tieszen and Representatives Krebs, Brunner, Hamiel, Olson (Ryan), Steele, and Street

FOR AN ACT ENTITLED, An Act to increase certain fees on motor vehicles and to impose an additional tax on certain fuel used by motor vehicles.

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

SB 202 Introduced by: Senators Garnos and Kloucek

FOR AN ACT ENTITLED, An Act to require implementation of certain energy-saving measures in facilities and equipment maintained by the state.

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

SB 203 Introduced by: Senators Gray, Abdallah, Dempster, Garnos, Hanson (Gary), Heidepriem, Knudson, Miles, and Turbak Berry and Representatives Dennert, Curd, Cutler, Hunhoff (Bernie), Noem, and Rave

FOR AN ACT ENTITLED, An Act to make an appropriation for the purposes of funding the Birth to Three Program in the Department of Education.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1004: FOR AN ACT ENTITLED, An Act to provide for the killing of mountain lions under certain circumstances.

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

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the imposition of sales and use tax on telecommunications services and ancillary services.

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

HB 1011: FOR AN ACT ENTITLED, An Act to revise restrictions on the assignment and transfer of certain tax refund permits and refund claims.

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

HB 1022: FOR AN ACT ENTITLED, An Act to make certain members of limited liability companies and partners of partnerships personally responsible for certain tax debts.

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

HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions permitting cities and counties to issue full-service restaurant on-sale alcohol licenses.

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

HB 1090: FOR AN ACT ENTITLED, An Act to prohibit the possession of Salvia divinorum and to declare an emergency.

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

HB 1112: FOR AN ACT ENTITLED, An Act to establish certain restrictions and requirements related to encumbrances on wind easements.

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

HB 1133: FOR AN ACT ENTITLED, An Act to authorize certain specialty license plates to be placed on motorcycles.

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

HB 1136: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of private water lines.

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

HB 1139: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions relating to the discontinuance of county homes.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

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

Sen. Knudson moved that SB 3 be further amended as follows:

On page 3, line 5, of the Senate State Affairs Committee engrossed bill, overstrike "fifteen" and insert " ten ".

Which motion prevailed.

Sen. Turbak Berry moved that SB 3 be further amended as follows:

On page 2, line 7, of the Senate State Affairs Committee engrossed bill, delete "six and six- tenths percent" and insert " ~~six percent~~ return as established pursuant to section 7 of this Act ".

On page 4, after line 2, insert:

"Section 7. The Department of Revenue and Regulation shall determine the capitalization rate for the purposes of § 10-6-33.28. The capitalization rate shall be the average rate of return. The database for determining the average rate of return shall consist of the most recent eight years of data that has been collected and the two years, one representing the highest rate of return and one year representing the lowest rate of return, shall be discarded from the database. The rate of return data shall be collected from the publication South Dakota Agricultural Market Trends prepared by South Dakota State University."

Sen. Dempster moved the previous question.

Which motion prevailed.

Sen. Gant requested a roll call vote.

Which request was supported.

The question being on Sen. Turbak Berry's motion that SB 3 be further amended.

And the roll being called:

Yeas 10, Nays 24, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bradford; Brown; Gant; Haverly; Novstrup (Al); Olson (Russell); Schmidt; Turbak Berry

Nays:
Ahlers; Bartling; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Tieszen; Vehle

Excused:
Howie

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

The President now presiding.

Sen. Dempster moved the previous question.

Which request was supported.

The question being "Shall SB 3 pass as amended?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

Yeas:
Ahlers; Bartling; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Nelson; Nesselhuf; Peterson; Rhoden; Tieszen; Vehle

Nays:
Abdallah; Adelstein; Bradford; Brown; Gant; Gillespie; Haverly; Miles; Novstrup (Al); Olson (Russell); Schmidt; Turbak Berry

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

Sen. Adelstein announced his intention to reconsider the vote by which SB 3 passed.

SB 4: FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

Was read the second time.

Sen. Knudson moved that SB 4 be amended as follows:

On page 11 of the printed bill, delete lines 11 to 20, inclusive.

Which motion prevailed.

The question being "Shall SB 4 pass as amended?"

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent 0

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

Nays:
Gant; Novstrup (Al); Olson (Russell); Turbak Berry

Excused:
Abdallah; Howie

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 66: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center and to accept donations for such purpose and to make an appropriation thereof.

Was read the second time.

Sen. Ahlers moved that SB 66 be further amended as follows:

On page 1 of the Senate Appropriations Committee engrossed bill, delete lines 14 and 15.

On page 2, delete lines 1 to 5, inclusive.

Which motion lost.

The question being "Shall SB 66 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Ahlers; Gillespie; Kloucek

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 79: FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of seat belt laws and to define passenger buses.

Was read the second time.

The question being "Shall SB 79 pass as amended?"

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Dempster; Fryslie; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Tieszen; Turbak Berry; Vehle

Nays:
Abdallah; Bradford; Brown; Gant; Garnos; Haverly; Kloucek; Maher; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt

Excused:
Howie

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 83: FOR AN ACT ENTITLED, An Act to prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

Was read the second time.

Sen. Novstrup (Al) moved that SB 83 be amended as follows:

On page 2 of the printed bill, between lines 12 and 13, and insert:

"Section 5. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act do not apply to any sleeping rooms in any hotel or lodging establishment licensed pursuant to subdivision 34-18-1(6) or (7), respectively, if the rooms are rented to guests and posted as smoking rooms."

Which motion prevailed.

Sen. Abdallah moved that SB 83 be further amended as follows:

On page 3, after line 12 of the printed bill, insert:

"Section 8. Upon passage of this Act, prohibition is hereby reinstated in South Dakota.".

Which motion lost.

Sen. Adelstein moved that SB 83 be further amended as follows:

On page 2, between lines 12 and 13 of the printed bill, insert:

"Section 5. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act do not apply to any establishment licensed pursuant to subdivision 35-4-2(4) or (6) that was in compliance on January 1, 2009, with, and maintains compliance with, the following requirements:

(1) Generates ten percent or more of its annual gross income from the sale of cigars. For the purposes of this section, a cigar is any individual roll of tobacco that has a wrapper or cover consisting only of tobacco, that measures a number forty ring size or larger, and that is sold without a filter;

(2) Has a humidor on the premises; and

(3) Is enclosed by solid walls or windows, a ceiling, and a solid door and is equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas.

Any establishment meeting the requirements of this section may permit the smoking of cigars and any premium tobacco product purchased on the premises. However, no establishment may permit the smoking of any other tobacco product on the premises. The establishment shall post a notice of the prohibition.

Any establishment meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of cigars as a percentage of annual gross income."

Which motion prevailed.

Sen. Adelstein moved that SB 83 be further amended as follows:

On page 2 of the printed bill, between lines 12 and 13, insert:

"Section 5. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

The provisions of this Act do not apply to any retail tobacco shop. For the purposes of this section, a retail tobacco shop is any public place or place of employment that generates sixty- five percent of its annual gross income from the sale of tobacco, tobacco products, and accessories for such products.

Any retail tobacco shop meeting the requirements of this section shall annually report to the Department of Revenue and Regulation, on a form prescribed by the department, the revenue generated from the sale of tobacco, tobacco products, and accessories for such products as a percentage of annual gross income."

Which motion lost.

The question being "Shall SB 83 pass as amended?"

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Adelstein; Bartling; Dempster; Gant; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; Novstrup (Al); Tieszen; Turbak Berry

Nays:
Abdallah; Ahlers; Bradford; Brown; Fryslie; Garnos; Gillespie; Gray; Haverly; Howie; Kloucek; Maher; Nelson; Olson (Russell); Peterson; Rhoden; Schmidt; Vehle

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

Sen. Knudson announced his intention to reconsider the vote by which SB 83 lost.

SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application of the inventory tax on certain fuels in storage immediately prior to a tax increase.

Was read the second time.

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Tieszen; Turbak Berry

Nays:
Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Haverly; Howie; Novstrup (Al); Rhoden; Schmidt; Vehle

Excused:
Abdallah

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

Sen. Hundstad announced his intention to reconsider the vote by which SB 86 lost.

SB 121: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal election procedures.

Was read the second time.

The question being "Shall SB 121 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Abdallah

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.

REPORTS OF STANDING COMMITTEE

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 40 and 104 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

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

On page 2, after line 20 of the printed bill, insert:

"Section 3. That § 40-18-1 be amended to read as follows:

40-18-1. The State Brand Board shall consist of five members appointed by the Governor and confirmed by the Senate . Statewide nonprofit agricultural organizations or other interested persons, may submit nominations to the Governor. "

On page 2 of the printed bill, delete lines 14 to 20, inclusive.

On page 1, line 2, of the printed bill, after "information" insert "and to provide for Senate confirmation for Brand Board members."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Jeffrey Olson of Pennington County, Rapid City , South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Larry Rhoden, Chair

SIGNING OF BILLS

The President publicly read the title to

HB 1029: FOR AN ACT ENTITLED, An Act to modify the requirements for a filing of a consent to rate for property casualty insurance.

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.

HB 1044: FOR AN ACT ENTITLED, An Act to define a multidistrict, career and technical academy and to provide provisions for the establishment of such an academy.

HB 1045: FOR AN ACT ENTITLED, An Act to repeal the provisions for the South Dakota Academic Achievement Test Advisory Council.

HB 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning magistrate judge jurisdiction.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 5 Introduced by: Senators Olson (Russell), Abdallah, Adelstein, Ahlers, Bradford, Brown, Fryslie, Gant, Garnos, Hansen (Tom), Hanson (Gary), Heidepriem, Hundstad, Hunhoff (Jean), Kloucek, Knudson, Nelson, Nesselhuf, Rhoden, and Vehle and Representatives Fargen, Bolin, Deadrick, Dennert, Dreyer, Elliott, Faehn, Feickert, Feinstein, Greenfield, Hunhoff (Bernie), Hunt, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lucas, Lust, Novstrup (David), Olson (Ryan), Peters, Rausch, Russell, Schlekeway, Sly, Steele, Street, Turbiville, Vanderlinde, Verchio, and Wink

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2008 Habitat for Humanity - South Dakota "Habitat Supporters of the Year": Ward Cheney, Black Hills Area Habitat for Humanity - Rapid City; Paul Evenson and Rob Boniface, Brookings Area Habitat for Humanity - Brookings: St. Joseph's Catholic Church, Dacotah Tipis Habitat for Humanity - Ft. Thompson; Paul Johnson, East Central South Dakota Habitat for Humanity - Lake and Moody Counties; Wells Fargo Financial, Habitat for Humanity of Greater Sioux Falls - Sioux Falls; First United Methodist Church, Hub Area Habitat for Humanity - Aberdeen; Nystrom Electrical Contracting, Inc., Oahe Habitat for Humanity - Pierre; State Bank of Eagle Butte, Okiciyapi Tipi Habitat for Humanity - Eagle Butte; Habitat for Humanity - SD, Sicangu Tikaga Okiciyapi Habitat for Humanity - Mission; Prairie Lakes Healthcare System, Habitat for Humanity of Greater Watertown Region - Watertown; Martin Mazourek, Habitat for Humanity of Yankton County - Yankton; and Larson Manufacturing and Larson Family Foundation, Habitat for Humanity - SD.

WHEREAS, Habitat for Humanity - South Dakota recently celebrated the hard work and volunteerism of the fourteen local Habitat for Humanity affiliates throughout South Dakota, by recognizing the work of the Habitat Supporters of the Year, at the Simple Homes, Big Dreams Fundraiser and Recognition; and

WHEREAS, Habitat for Humanity throughout South Dakota has now achieved another milestone of the construction of the three hundred twenty-fifth home in South Dakota, which construction is a labor of volunteerism and generosity of countless volunteers, as well as considerable sweat equity of the homeowner family; and

WHEREAS, it is fitting and proper that the South Dakota Legislature acknowledge the unselfish work of these Habitat Supporters of the Year toward the goal of affordable housing and elimination of poverty housing in South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fourth Legislature of the State of South Dakota, that Ward Cheney, Paul Evenson, Rob Boniface, St. Joseph's Catholic Church, Paul Johnson, Wells Fargo Financial, First United Methodist Church - Aberdeen, Nystrom Electrical Contracting, Inc., State Bank of Eagle Butte, Habitat for Humanity - SD, Prairie Lakes Healthcare System, Martin Mazourek, and Larson Manufacturing and Larson Family Foundation have achieved the distinction of Habitat for Humanity Supporter of the Year for 2008.

Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at 4:50 p.m. the Senate adjourned.

Trudy Evenstad, Secretary