JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 19, 2009

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

     The prayer was offered by the Chaplain, Rev. Diane Jackson, followed by the Pledge of Allegiance led by Senate page Audra Hewitt.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-fourth day and finds that the following correction be made:

    On page 409 of the Senate Journal, between lines 17 and 18, insert:

SIGNING OF BILLS

     The President publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to free access to state parks and recreation areas to include certain persons with disabilities.

     HB 1066: FOR AN ACT ENTITLED, An Act to  revise certain responsibilities of the Supreme Court regarding the Commission on Judicial Qualifications.

     HB 1114: FOR AN ACT ENTITLED, An Act to  allow a broker to form certain business entities under certain conditions.

     HB 1115: FOR AN ACT ENTITLED, An Act to  increase the education requirement for broker associate license.

     HB 1116: FOR AN ACT ENTITLED, An Act to  require post-licensing education for broker associates.

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

     And signed the same in the presence of the Senate.

     All other 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 Appropriations respectfully reports that it has had under consideration HB 1238 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1104 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1093 and 1111 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1018 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1026, 1028, 1049, and 1099 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Nelson, Vice-Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1022, 1082, and 1155 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 SB 195 and returns the same with the recommendation that said bill be amended as follows:

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     On page 2, after line 10 of the printed bill, insert:

    "Section 6. That chapter 34-14 be amended by adding thereto a NEW SECTION to read as follows:

     No human embryonic stem cell research may be conducted unless the stem cell lines used in the research were derived prior to 9:00 p.m. EDT on August 9, 2001, and are listed on the human embryonic stem cell registry established by the National Institutes of Health."

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     On page 1 of the printed bill, delete lines 3 to 10, inclusive.

     On page 2, delete lines 1 to 10, inclusive.

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     On page 1, line 1, of the printed bill, after "research" insert "and to provide certain limitations for human embryonic stem cell research".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Kay F. Nikolas of Roberts County, Sisseton, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 148 which was tabled.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  191 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 HB  1213 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 132, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

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     On the printed bill, delete everything after the enacting clause and insert:

     "Section 1. That § 13-13-1 be amended to read as follows:

     13-13-1.   The commissioner of school and public lands, after any adjustments that have been made pursuant to § 5-10-18.3, shall apportion the school funds as follows: the commissioner shall ascertain from the division of education the total number of resident pupils in average daily membership as defined in 13-13-1.1 in all schools in each school district and the total number of pupils in average daily membership in all schools in the state school districts , and on that basis of the school population, the commissioner shall apportion to each school district, pro rata, such share, as its population of resident pupils in average daily membership in schools within the school district's boundaries and resident pupils attending private schools , the school district bears to the total number of pupils in average daily membership in all schools in the state school districts . The funds to be apportioned include funds derived from the lease of school lands, the lease of public lands not apportioned to any educational, penal, or charitable institution, the interest, dividends, and other income on invested funds derived from the sale of school lands and public lands not apportioned to any such institution, and the interest, dividends, and other income on invested funds derived from the five percent paid by the United States on sale of public lands within the state.

     Section 2. That § 13-13-1.1 be amended to read as follows:

     13-13-1.1.   The individual school district average daily membership as calculated by the Division of Education Services and Resources for distribution of school and public lands funds may not include pupils for whom the public school district receives tuition, shall include pupils for whom the district pays tuition, and shall include resident pupils attending public schools within the district and resident pupils attending private schools.

     Section 3. The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certification of resident pupils attending public or private schools in another state."


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     On page 1, line 1, of the printed bill, delete everything after "An Act to" and insert "allow resident students that attend school out of state to be counted in the resident school district's average daily membership for the purpose of distributing school and public lands funds."

     On page 1, delete line 2.
    And that as so amended said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

REPORT OF CONFERENCE COMMITTEE

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MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1004 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1004 be amended as follows:

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     On page 1, line 7, of the Senate Agriculture and Natural Resources Committee engrossed bill, after "." insert "If any mountain lion is killed pursuant to this Act, the person who killed the mountain lion shall notify a conservation officer within twenty-four hours of killing the mountain lion."

Respectfully submitted,    Respectfully submitted,
Thomas Brunner    Gordon Howie
House Committee Chair    Senate Committee Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1025, 1031, 1033, 1048, 1234, 1241, 1263, and 1270 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 20, the 26th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that the Committee on Appropriations be instructed to deliver SB 117 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

     Sen. Adelstein moved that the Committee on Local Government be instructed to deliver SB 157 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

     SCR 5  Introduced by:  Senator Rhoden and Representative Brunner

         A CONCURRENT RESOLUTION,  Encouraging flexibility by local governments to accommodate the development of wind energy projects.

     WHEREAS,  the nation continues to face serious problems providing sources of affordable energy; and

     WHEREAS,  one promising source of energy is wind; and

     WHEREAS,  wind turbines are now available in sizes and prices appropriate for residences; and

     WHEREAS,  a growing number of homeowners are choosing to purchase and erect such turbines; and

     WHEREAS,  county ordinances in some cases are unduly restrictive with respect to residential structures; and

     WHEREAS,  some homeowners associations' covenants or restrictions may prohibit the erection of residential wind turbines:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature encourages counties and other local governments to be as lenient as possible in their residential wind turbine-related ordinances and to write their ordinances so as to allow erection of wind turbines on small parcels of land if the engineering design of the turbine support structure ensures that the structure can survive a 150-year wind event; and

     BE IT FURTHER RESOLVED,  that the Legislature encourages local governments to write their ordinances so that any residential property subject to covenants or other restrictions is exempt from any such restrictions that apply to the erection of residential wind turbines.

     Was read the first time, the President waived the referral to committee, and placed SCR 5 on the calendar of Friday, February 20, the 26th legislative day.


      SCR 4: A CONCURRENT RESOLUTION, Supporting transportation of horses to foreign processing facilities.

    Was read the second time.

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     Sen. Rhoden moved that SCR 4 be amended as follows:

     On page 2, line 1, of the printed resolution, delete "conference" and insert "South Dakota Legislature".

    Which motion prevailed.

     Sen. Rhoden moved that SCR 4 as found on page 446 of the Senate Journal be adopted as amended.

     The question being on Sen. Rhoden's motion that SCR 4 be adopted 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; Garnos; 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:
Hundstad

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Heidepriem moved that the word NOT be stricken from the report of the Committee on Appropriations on SB 137 as found on page 441 of the Senate Journal and that SB 137 be placed on the calendar for Monday, February 23, the 27th legislative day.

     The question being on Sen. Heidepriem's motion that the word NOT be stricken from the report of the Committee on Appropriations on SB 137 and that the SB 137 be placed on the calendar for Monday, February 23, the 27th legislative day.

     And the roll being called:


     Yeas 17, Nays 18, Excused 0, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

     Nays:
Adelstein; Brown; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

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

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

     Taxation on SB 149 as found on page 442 of the Senate Journal ; also

     Health and Human Services on SB 153 as found on page 443 of the Senate Journal ; also

     State Affairs on SB 203 as found on page 444 of the Senate Journal ; also

     Local Government on HB 1108 as found on page 441 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1025: FOR AN ACT ENTITLED, An Act to revise the basic salary schedule for county veteran's service officers.

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

     HB 1031: FOR AN ACT ENTITLED, An Act to increase the maximum allowable expense for erecting certain veteran's grave markers and headstones.

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

     HB 1033: FOR AN ACT ENTITLED, An Act to make an appropriation for the construction of an addition to the admissions area of the George S. Mickelson Center for the Neurosciences at the Human Services Center.

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


      HB 1048: FOR AN ACT ENTITLED, An Act to increase the transfer from the water and environment fund, and increase the solid waste management fee, mining license and permit fees, water right filing and permit application fees, and well driller and pump installer license fees, all of which are deposited in the environment and natural resources fee fund.

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

     HB 1234: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the nomination of certain independent candidates.

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

     HB 1241: FOR AN ACT ENTITLED, An Act to provide for the delivery of special education or special education and related services to a child during the child's transition from one state school district to another.

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

     HB 1263: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning compensation for service rights of electric utilities in areas annexed by municipalities.

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

     HB 1270: FOR AN ACT ENTITLED, An Act to change the purpose of the veterans affairs special revenue fund.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that SB 181 be deferred to Monday, February 23, the 27th legislative day.

     Which motion prevailed.

     SB 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school attendance.

     Was read the second time.

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     Sen. Knudson moved that SB 126 be further amended as follows:

     On page 4, line 11, of the Senate Education Committee engrossed bill, delete "Labor" and insert "Education".

     Which motion prevailed.

     The question being "Shall SB 126 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Ahlers; Bartling; 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

     Nays:
Abdallah; Bradford

     Excused:
Adelstein

     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 133: FOR AN ACT ENTITLED, An Act to provide for central filing of documents necessary to perfect a security interest in personal property or fixtures of a rural electric cooperative.

     Was read the second time.

     The question being "Shall SB 133 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 143: FOR AN ACT ENTITLED, An Act to require a searchable internet website for the posting and access of certain public records and financial information.

     Was read the second time.

     The question being "Shall SB 143 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; 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

     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 144: FOR AN ACT ENTITLED, An Act to require certain contracts to be retained and made available by a publicly accessible internet website or database.

     Was read the second time.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; 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

     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 186: FOR AN ACT ENTITLED, An Act to provide for the imposition of a late payment fee for certain chronically delinquent child support obligations.

     Was read the second time.

     The question being "Shall SB 186 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; 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

     Nays:
Bradford; Gillespie

     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 1040: FOR AN ACT ENTITLED, An Act to revise certain license, registration, and inspection fees related to food service establishments, lodging establishments, and campgrounds.

     Was read the second time.

     The question being "Shall HB 1040 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent 0


     Yeas:
Abdallah; Bradford; Brown; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Miles; Nelson; Nesselhuf; Rhoden; Tieszen; Turbak Berry; Vehle

     Nays:
Ahlers; Bartling; Gant; Heidepriem; Kloucek; Maher; Merchant; Novstrup (Al); Peterson; Schmidt

     Excused:
Adelstein; Olson (Russell)

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

     HB 1043: FOR AN ACT ENTITLED, An Act to 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 second time.

     The question being "Shall HB 1043 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; 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

     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 1076: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace certain real estate held for agriculture field laboratory research purposes, to make improvements to the replacement lands, and to make an appropriation for such purposes.

     Was read the second time.

     The question being "Shall HB 1076 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; 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

     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 1086: FOR AN ACT ENTITLED, An Act to provide for and to require the attachment of an affidavit in certain garnishment proceedings.

     Was read the second time.

     The question being "Shall HB 1086 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; 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

     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 1117: FOR AN ACT ENTITLED, An Act to permit water user districts to provide certain health and life insurance benefits.

     Was read the second time.

     The question being "Shall HB 1117 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 12, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Brown; Dempster; Gant; Garnos; Gray; Hanson (Gary); Haverly; Howie; Hundstad; Hunhoff (Jean); Kloucek; Maher; Miles; Nelson; Olson (Russell); Schmidt; Tieszen


     Nays:
Ahlers; Fryslie; Gillespie; Hansen (Tom); Knudson; Merchant; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Turbak Berry; Vehle

     Excused:
Abdallah; Heidepriem; Jerstad

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

     HB 1119: FOR AN ACT ENTITLED, An Act to permit background checks for persons seeking employment with municipalities.

     Was read the second time.

     The question being "Shall HB 1119 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; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Jerstad

     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 1152: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to appraisals of real property by the Department of Game, Fish and Parks.

     Was read the second time.

     The question being "Shall HB 1152 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; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Jerstad

     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 1154: FOR AN ACT ENTITLED, An Act to revise certain requirements for eligibility for opportunity scholarships.

     Was read the second time.

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     Sen. Dempster moved that HB 1154 be further amended as follows:

     On the Senate Education Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

     Which motion prevailed.

     Sen. Hunhoff (Jean) requested a fiscal note on HB 1154.

     Which request was supported.

SIGNING OF BILLS

     The President publicly read the title to

     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.

     HB 1013: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

     HB 1014: FOR AN ACT ENTITLED, An Act to  revise certain restrictions on the purchase of certain credited service by members of the South Dakota Retirement System.

     HB 1019: FOR AN ACT ENTITLED, An Act to  revise certain provisions and procedures regarding elections.

     HB 1020: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding campaign finance requirements.

     HB 1062: FOR AN ACT ENTITLED, An Act to  increase the reward for certain information regarding livestock thefts.

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

     And signed the same in the presence of the Senate.

    Sen. Hundstad moved that the Senate do now adjourn, which motion prevailed and at 3:37 p.m. the Senate adjourned.

Trudy Evenstad, Secretary