JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



TWENTY-EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 24, 2009

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

     The prayer was offered by the Chaplain, Rev. Del Neumeister, followed by the Pledge of Allegiance led by Senate page Alissa VanMeeteren.

     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-seventh 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.
HONORED GUESTS

     The President introduced Whitney Jencks, Arlington, South Dakota Girls State Governor, and Tyler Littau, Carter, South Dakota Boys State Governor to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1158 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 HB  1103, 1122, 1123, and 1138 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 1090 and returns the same with the recommendation that said bill be amended as follows:

1090jb

     On page 1, line 4, of the House engrossed bill, after "divinorum" insert "or salvinorin A".

     On page 1, line 5, delete "of Salvia divinorum or less" and insert "or less of Salvia divinorum or salvinorin A".

     On page 1, line 6, after "divinorum" insert "or salvinorin A".

1090jtb

     On page 1, line 1, of the House engrossed bill, after "divinorum" insert "or salvinorin A".

    And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1057 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  1205 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 Commerce respectfully reports that it has had under consideration HB 1050 and returns the same with the recommendation that said bill be amended as follows:

1050ja

     On page 25, line 2, of the printed bill, delete "shall" and insert "are confidential and privileged, are not subject to § 1-26-2, 1-27-1, or 58-2-26, are not subject to subpoena, and are not subject to discovery or admissible in evidence in any private civil action."

     On page 25, delete lines 3 to 5, inclusive.

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

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1282 which was tabled.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1241 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1152.

Also MR. PRESIDENT:

     I have the honor to return herewith SCR 4 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1009, 1037, 1038, 1074, 1149, 1211, 1237, 1240, 1253, 1275, 1276, 1297, and 1301 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1010 and 1011 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Knudson moved that SB 201 be placed to precede SB 191 on today's calendar.

     Which motion prevailed.

     Sen. Knudson moved that the rules be suspended for the sole purpose of allowing a motion under Joint Rule 7-7 to be made to compel the Judiciary Committee to deliver SB 148 to the floor and that SB 148 then be placed on the calendar of Wednesday, February 25, the 29th legislative day.

     The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of allowing a motion under Joint Rule 7-7 to be made to compel the Judiciary Committee to deliver SB 148 to the floor and that SB 148 then be placed on the calendar of Wednesday, February 25, the 29th legislative day.

     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; 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:
Gray

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

     HCR 1010: A CONCURRENT RESOLUTION, Urging the President of the United States and Congress to restore funding to the federal Indian Jobs Placement Program (15.061), as listed in the Catalog of Federal Domestic Assistance (CFDA), which is an Employment Assistance program created for the purposes of job development, social adjustment guidance, counseling, and referrals to job training programs, and other assistance programs through the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

     Was read the first time, the President waived the referral to committee, and placed HCR 1010 on the calendar of Wednesday, February 25, the 29th legislative day.

     HCR 1011: A CONCURRENT RESOLUTION, Urging the President of the United States and Congress to fund the National Tribal Cultural Resources Database, as set forth on Wednesday, 27 October 2004, in a Memorandum of Understanding (MOU) between the United States Geological Survey (USGS) located in Reston, Virginia, and the United Sioux Tribes Development Corporation (USTDC) located in Pierre, South Dakota.

     Was read the first time, the President waived the referral to committee, and placed HCR 1011 on the calendar of Wednesday, February 25, the 29th legislative day.


      SCR 6: A CONCURRENT RESOLUTION, Supporting certain health screening programs sponsored by the South Dakota Lions Foundation.

    Was read the second time.

     Sen. Kloucek moved that SCR 6 as found on page 506 of the Senate Journal be adopted.

     The question being on Sen. Kloucek's motion that SCR 6 be adopted.

     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; 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:
Gray

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

     Yesterday, Sen. Adelstein announced his intention to reconsider the vote by which SB 153 lost.

     Sen. Adelstein moved that the Senate do now reconsider the vote by which SB 153 lost.

     The question being on Sen. Adelstein's motion to reconsider the vote by which SB 153 lost.

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry

     Nays:
Gant; Hansen (Tom); Haverly; Howie; Rhoden; Schmidt; Vehle

     Excused:
Gray


     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 153 was up for reconsideration and final passage.

     SB 153: FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates.

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

     The question being "Shall SB 153 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Fryslie; Garnos; Gray; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Tieszen; Turbak Berry

     Nays:
Brown; Gant; Gillespie; Hansen (Tom); Haverly; Howie; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; 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.

CONSIDERATION OF REPORTS OF COMMITTEES

     Sen. Adelstein moved that the word NOT be stricken from the report of the Committee on Health and Human Services on SB 134 as found on page 520 of the Senate Journal and that SB 134 be immediately reconsidered.

     The question being on Sen. Adelstein's motion that the word NOT be stricken from the report of the Committee on Health and Human Services on SB 134 and that SB 134 be immediately reconsidered.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent 0

     Yeas:
Adelstein; Ahlers; Bradford; Gillespie; Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Nelson; Nesselhuf; Turbak Berry; Vehle

     Nays:
Abdallah; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Kloucek; Maher; Miles; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen

     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 Committee on

     Taxation on SB 199 as found on page 502 of the Senate Journal ; also

     Taxation on HB 1215 as found on page 504 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1009: FOR AN ACT ENTITLED, An Act to require certain tax refund claims for construction projects and certain documents and records in support of tax refund claims for construction projects to be filed within certain time periods.

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

     HB 1037: FOR AN ACT ENTITLED, An Act to increase the fees for mailing motor vehicle license plates and decals and to impose a fee for the reassignment of a license plate.

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

     HB 1038: FOR AN ACT ENTITLED, An Act to increase the license fees for coin-operated washers and dryers, to increase the brand registration fees on certain alcoholic beverages, to increase the fees for certain malt beverage and wine licenses, and to revise the distribution of certain malt beverage and wine license fees.

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

     HB 1074: FOR AN ACT ENTITLED, An Act to increase certain expenditure authority previously granted to the Board of Regents, to designate circumstances in which such authority may be used, to appropriate funds therefor, and to declare an emergency.

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


      HB 1149: FOR AN ACT ENTITLED, An Act to allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

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

     HB 1211: FOR AN ACT ENTITLED, An Act to revise the time frame and requirements for certain alcoholic beverage licensees to provide on-sale service of alcoholic beverages on Sunday.

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

     HB 1237: FOR AN ACT ENTITLED, An Act to make an appropriation to fund certain property and sales tax refunds for elderly persons and persons living with a disability.

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

     HB 1240: 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 first time and referred to the Committee on Health and Human Services.

     HB 1253: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding administration of the catastrophic county poor relief fund.

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

     HB 1275: FOR AN ACT ENTITLED, An Act to authorize electronic bingo devices.

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

     HB 1276: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application for tax refunds for the construction of certain agricultural processing and new business facilities.

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

     HB 1297: FOR AN ACT ENTITLED, An Act to restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.

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

     HB 1301: FOR AN ACT ENTITLED, An Act to create the South Dakota Ellsworth Development Authority.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a private applicator of pesticides becoming a qualified driver for the purpose of motor carrier safety.

     Was read the second time.

     The question being "Shall HB 1126 pass?"

     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); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

     Excused:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 201: FOR AN ACT ENTITLED, An Act to increase certain fees on motor vehicles and to increase the fuel excise tax on certain fuel used by motor vehicles.

     Was read the second time.

201od

     Sen. Vehle moved that SB 201 be further amended as follows:

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

     " Section 1.  That § 32-5-6 be amended to read as follows:

     32-5-6.   License fees and compensation on a noncommercial motor vehicle which is an automobile, pickup truck, or van as provided by § 32-5-5, shall be determined by the manufacturer's shipping weight, including accessories, as follows:

             (1)      Two thousand pounds or less, inclusive, thirty dollars and one cent ;
             (2)      From 2,001 to 4,000 pounds, inclusive, forty-two dollars and one cent ;
             (3)      From 4,001 to 6,000 pounds, inclusive, fifty-five dollars and one cent ;
             (4)      Over 6,000 pounds, sixty-five dollars and one cent .

     Section 2.  That § 32-5-6.1 be amended to read as follows:

     32-5-6.1.   License fees for any noncommercial motor home shall be determined by the manufacturer's shipping weight, including accessories, as follows:

             (1)      Six thousand pounds or less, inclusive, sixty dollars and one cent ;
             (2)      From 6,001 to 8,000 pounds, inclusive, eighty dollars and one cent ;
             (3)      From 8,001 to 10,000 pounds, inclusive, one hundred dollars and one cent ;
             (4)      For each additional 2,000 pounds or major fraction thereof, in excess of 10,000 pounds, twenty dollars.

     For the purposes of this section, a motor home is a vehicle designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.

     Section 3.  That § 32-5-6.3 be amended to read as follows:

     32-5-6.3.   License fees on a noncommercial motor vehicle which is not an automobile, pickup truck, or van licensed pursuant to § 32-5-6 shall be determined by the gross weight of the motor vehicle as defined by subdivision 32-9-1(6), and based on the following:

             (1)      Eight thousand pounds or less, inclusive, fifty-five dollars and one cent ;
             (2)      For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;
             (3)      For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;
             (4)      For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;
             (5)      For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

     It is a Class 2 misdemeanor for a person to operate a motor vehicle licensed pursuant to this section at a gross weight in excess of the gross weight for which it has been licensed. If the owner chooses to lower the registered weight, the plate shall be returned along with any validation decal and a new plate issued with the correct registered weight.

     Section 4.  That § 32-5-8 be amended to read as follows:

     32-5-8.   License fees and compensation for any recreational vehicle as defined in § 32-3-1 or for any noncommercial trailer and semitrailer, for use of the highways payable under § 32-5-5 and pulled by a noncommercial motor vehicle on which the license fees were paid pursuant to § 32-5-6, shall be determined upon the basis of their actual weight as follows:

             (1)      One thousand pounds or less, inclusive, ten dollars and one cent ;
             (2)      From 1,001 to 2,000 pounds, inclusive, twenty dollars and one cent ;
             (3)      From 2,001 to 3,000 pounds, inclusive, thirty-five dollars and one cent ;
             (4)      From 3,001 to 4,000 pounds, inclusive, forty-five dollars and one cent ;
             (5)      From 4,001 to 5,000 pounds, inclusive, fifty-five dollars and one cent ;
             (6)      From 5,001 to 6,000 pounds, inclusive, sixty-five dollars and one cent ;
             (7)      From 6,001 to 7,000 pounds, inclusive, seventy-five dollars and one cent ;
             (8)      From 7,001 to 8,000 pounds, inclusive, eighty-five dollars and one cent ;
             (9)      From 8,001 to 9,000 pounds, inclusive, ninety-five dollars and one cent ;
             (10)      From 9,001 to 10,000 pounds, inclusive, one hundred five dollars and one cent ;
             (11)      For each additional 1,000 pounds or major fraction thereof, in excess of 10,000 pounds, ten dollars.

     Any trailer or semitrailer licensed pursuant to this section may be pulled by a noncommercial motor vehicle licensed pursuant to § 32-5-8.1 or a commercially licensed motor vehicle if the motor vehicle is registered at a gross weight to cover the weight of the trailer and its load.

     Section 5.  That § 32-5-9 be amended to read as follows:

     32-5-9.   License fees and compensation for use of the highways payable under § 32-5-5 shall be: nine dollars and fifty fifty-one cents for motorcycles with a piston displacement of less than three hundred fifty cubic centimeters and twelve dollars one cent for motorcycles with a piston displacement of three hundred fifty cubic centimeters or more.

     Section 6.  That § 32-5-30 be amended to read as follows:

     32-5-30.   If any noncommercial motor vehicle, according to the manufacturer's model year designation, is five years old or more on January first of the year for which a license fee is required, such fee shall be seventy seventy-one percent of the fee ordinarily prescribed.

     Section 7.  That § 32-9-15 be amended to read as follows:

     32-9-15.   In consideration of the unusual use of the public highways, each person, except as otherwise provided in this chapter, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this state as a motor carrier, shall annually pay the commercial motor vehicle fee as follows, to the county treasurer of the county of which he the person is a resident, if a carrier of property; or to the Department of Revenue and Regulation, if he the person is not a resident of this state:

             (1)      Gross weight under 4000 pounds, eighty-five dollars;
             (2)      Gross weight of 4001 to 6000 pounds, one hundred dollars;
             (3)      Gross weight of 6001 to 8000 pounds, one hundred fifteen dollars;
             (4)      Gross weight of 8001 to 10,000 pounds, one hundred thirty dollars;
             (5)      Gross weight of 10,001 to 12,000 pounds, one hundred fifty dollars;
             (6)      Gross weight of 12,001 to 14,000 pounds, one hundred seventy-five dollars;
             (7)      Gross weight of 14,001 to 16,000 pounds, two hundred dollars;
             (8)      Gross weight of 16,001 to 18,000 pounds, two hundred twenty-five dollars;
             (9)      Gross weight of 18,001 to 20,000 pounds, two hundred fifty dollars;
             (10)      For each additional 2000 pounds or major fraction thereof in excess of 20,000 pounds, forty dollars.
             (11)      For each vehicle or combination of vehicles as defined in § 32-22-10 with a gross weight in excess of 78,000 pounds, seven dollars in addition to the fee schedule above.

     If any commercial motor vehicle, according to the manufacturer's model year designation, is five years old or more on January first of the year for which a license fee is required, that fee is ninety ninety-one percent of the fee ordinarily prescribed.

     Section 8.  That § 10-47B-4 be amended to read as follows:

     10-47B-4.   The fuel excise tax rates for the tax imposed by this chapter are as follows:

             (1)      Motor fuel (except ethanol blends, E85 and M85 blends, and aviation gasoline)-- $.22 $.2200003 per gallon;
             (2)      Special fuel (except jet fuel)-- $.22 $.2200003 per gallon;
             (3)      Ethanol blends--$.20 per gallon;
             (4)      Aviation gasoline--$.06 per gallon;
             (5)      Jet fuel--$.04 per gallon;
             (6)      E85 and M85--$.10 per gallon;
             (7)      E85 and M85 used in aircraft--$.04 per gallon;
             (8)      Liquid petroleum gas-- $.20 $.2000003 per gallon;
             (9)      Compressed natural gas-- $.10 $.1000003 per gallon. "

     Which motion prevailed.

      The question being "Shall SB 201 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Bradford; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Abdallah; Ahlers; Brown; Gant; Gillespie; Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Peterson

     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. Vehle announced his intention to reconsider the vote by which SB 201 lost.


     SB 191: FOR AN ACT ENTITLED, An Act to establish eligibility criteria, community planning processes, and quality benchmarks for state-supported prekindergarten programs.

     Was read the second time.

     The question being "Shall SB 191 pass?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Dempster; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Peterson; Turbak Berry; Vehle

     Nays:
Brown; Fryslie; Gant; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Kloucek; Maher; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen

     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 50: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009.


     Was read the second time.

50mc

     Sen. Bartling moved that SB 50 be further amended as follows:

     On page 2 of the Senate Appropriations Committee engrossed bill, delete lines 22 to 24, inclusive, and insert:

    "Section 5. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


     Sen. Heidepriem requested a roll call vote.

     Which request was supported.

    The question being on Sen. Bartling's motion that SB 50 be further amended.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0

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

     Nays:
Abdallah; Adelstein; Brown; Dempster; 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 present, the President declared the motion lost.

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0

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

     Nays:
Ahlers; Bartling; Gillespie; Hanson (Gary); Heidepriem; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; 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.

     SB 100: FOR AN ACT ENTITLED, An Act to revise the method of sale of certain tobacco products.

     Was read the second time.

     The question being "Shall SB 100 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Maher

     Excused:
Ahlers; 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.

     SB 147: FOR AN ACT ENTITLED, An Act to provide for public access to public records, to provide certain exemptions, and to provide for judicial remedies for noncompliance.

     Was read the second time.

147oe

     Sen. Knudson moved that SB 147 be further amended as follows:

     On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 4 to 11, inclusive, and insert:

    "Section 1. That § 1-27-1 be amended to read as follows:


     1-27-1.   If the keeping of a record, or the preservation of a document or other instrument is required of an officer or public servant under any statute of this state, the officer or public servant shall keep the record, document, or other instrument available and open to inspection by any person during normal business hours. Any employment examination or performance appraisal record maintained by the Bureau of Personnel is excluded from this requirement.

     Any subscription or license holder list maintained by the Department of Game, Fish and Parks may be made available to the public for a reasonable fee. State agencies are exempt from payment of this fee for approved state use. The Game, Fish and Parks Commission may promulgate rules pursuant to chapter 1-26 to establish criteria for the sale and to establish the fee for the sale of such lists.

     Any automobile liability insurer licensed in the state, or its certified authorized agent, may have access to the name and address of any person licensed or permitted to drive a motor vehicle solely for the purpose of verifying insurance applicant and policyholder information. An insurer requesting any such name and address shall pay a reasonable fee to cover the costs of producing such name and address. The Department of Public Safety shall set such fee by rules promulgated pursuant to chapter 1-26.

     Any list released or distributed under this section may not be resold or redistributed. Violation of this section by the resale or redistribution of any such list is a Class 2 misdemeanor. Except as otherwise expressly provided by statute, all citizens of this state, and all other persons interested in the examination of the public records, as defined in section 2 of this Act, are hereby fully empowered and authorized to examine such public record, and make memoranda and abstracts therefrom during the hours the respective offices are open for the ordinary transaction of business and, unless federal copyright law otherwise provides, obtain copies of public records in accordance with this chapter.

     Each government entity or elected or appointed government official shall, during normal business hours, make available to the public for inspection and copying in the manner set forth in this chapter all public records held by that entity or official. "

     On page 2, line 5, after "." insert "For the purposes of this Act, a tax-supported district includes any business improvement district created pursuant to chapter 9-55."

     On page 3, line 19, delete everything after "," and insert "the specific details of bona fide research, applied research, or scholarly or creative artistic projects being conducted at a school, postsecondary institution or laboratory funded in whole or in part by the state".

     On page 3, line 20, delete "unpublished".

     On page 3, line 21, after "would" insert "infringe intellectual property rights,".

     On page 3, line 21, after "competitors" insert ",".

     On page 6, line 5, after "(15)" insert "Employment applications and related materials, except for applications and related materials submitted by individuals hired into executive or policymaking positions of any public body;".
     On page 6, between lines 23 and 24, insert:

    "(22)    Records which, if disclosed, would constitute an unreasonable release of personal information;

                 (23)    Records which, if released, could endanger the life or safety of any person;

                 (24)    Internal agency record or information received by agencies that are not required to be filed with such agencies, if the records do not constitute final statistical or factual tabulations, final instructions to staff that affect the public, or final agency policy or determinations, or any completed state or federal audit and if the information is not otherwise public under other state law, including chapter 15-15A and §  1-26-21;

                 (25)    Records of individual children regarding commitment to the Department of Corrections pursuant to chapters 26-8B and 26-8C;

                 (26)    Records regarding inmate disciplinary matters pursuant to §  1-15-20; and".

     On page 6, line 24, delete "(22)" and insert "(27)".

     On page 7, line 8, delete "within five years of the request for disclosure".

     On page 8, between lines 2 and 3, insert:

    "(7)    Financial, commercial, and proprietary information supplied in conjunction with applications or proposals for funded scientific research, for participation in joint scientific research projects, for projects to commercialize scientific research results, or for use in conjunction with commercial or government testing;".


     On page 8, line 3, delete "(7)" and insert "(8)".

     On page 8, delete lines 16 to 20, inclusive.

     On page 9, line 8, delete " a " and insert " any ".

     On page 10, line 6, after "official" insert "or employee".

     On page 11, line 13, before "Information" insert " Confidential criminal justice information and criminal history information are specifically exempt from disclosure pursuant to this Act and may be withheld by the lawful custodian of the records. "

     On page 11, line 14, remove the overstrikes from " criminal justice ".

     On page 11, after line 18, insert:

    "Section 20. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

     The secretary of corrections may prohibit the release of information to inmates or their agents regarding correctional operations, department policies and procedures, and inmate records of the requesting inmate or other inmates if the release would jeopardize the safety or security of a person, the operation of a correctional facility, or the safety of the public. This section does not apply to an inmate's attorney requesting information that is subject to disclosure under this chapter.

     Section 21. That § 1-15-20.1 be amended to read as follows:

     1-15-20.1.   For the purposes of § 1-15-20 and chapter 1-27 , an inmate is any person, adult, or juvenile, who has been sentenced or committed to or placed in a facility or program under the control of the Department of Corrections pursuant to § 1-15-1.4.

     Section 22. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

     This chapter does not require the redaction of any record, or any portion of a record, which is recorded in the office of the register of deeds prior to July 1, 2010."

     Which motion prevailed.

147fa

     Sen. Gant moved that SB 147 be further amended as follows:

     On page 11, after line 18 of the Senate State Affairs Committee engrossed bill, insert:

    "Section 20. The Governor may, by executive order, suspend the right of the public to access any defined class of public information that would otherwise be opened by the provisions of this Act. The suspension shall be effective until the next succeeding July first following an interceding legislative session."


     Sen. Gillespie requested a roll call vote.

     Which request was supported.

     The question being on Sen. Gant's motion that SB 147 be further amended.

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent 0

     Yeas:
Adelstein; Bradford; Brown; Fryslie; Gant; Garnos; Haverly; Howie; Nelson; Olson (Russell); Schmidt; Vehle

     Nays:
Abdallah; Ahlers; Bartling; Dempster; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Tieszen; Turbak Berry

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

     The question being "Shall SB 147 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); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

     Excused:
Schmidt

     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 159: FOR AN ACT ENTITLED, An Act to require the redaction of certain numbers before furnishing copies of information.

     Was read the second time.

     The question being "Shall SB 159 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

     Excused:
Nelson; Schmidt

     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 160: FOR AN ACT ENTITLED, An Act to revise the grounds for which a license of an athletic trainer may be revoked, suspended, or canceled.

     Was read the second time.

160jf

     Sen. Hansen (Tom) moved that SB 160 be further amended as follows:

     On page 2, line 14, of the Senate Health and Human Services Committee engrossed bill, delete " organization " and insert " entity ".

     Which motion prevailed.

     The question being "Shall SB 160 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent 0

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

     Nays:
Abdallah; Gant; Haverly; Hunhoff (Jean); Miles; Nelson; Vehle

     Excused:
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.

    The President Pro Tempore now presiding.

     SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to wind easements.

     Was read the second time.

169tf

     Sen. Peterson moved that SB 169 be further amended as follows:

     On page 1 of the Senate State Affairs Committee engrossed bill, delete line 6, and insert "writing and shall be filed, duly recorded , and indexed".

     On page 1, line 8, delete " filed " and insert " recorded ".

     Which motion prevailed.

    The President now presiding.

     The question being "Shall SB 169 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; 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:
Adelstein

     Excused:
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.

     SB 184: 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 second time.

184ob

     Sen. Knudson moved that SB 184 be further amended as follows:

     On page 1, line 6, of the Senate State Affairs Committee engrossed bill, delete "wind".
     On page 1, line 6, after "easement" insert "for wind or essential services".

     On page 1, line 6, after "option" insert "for wind or essential services".

     On page 1, line 7, after "for" insert "wind or".

     Which motion prevailed.

     The question being "Shall SB 184 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.

     The question being on the title.

184xta

     Sen. Hanson (Gary) moved that the title to SB 184 be amended as follows:

     On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete "wind" and insert "certain".

     On page 1, line 2, after "for" insert "wind or".

     Which motion prevailed.

     SB 199: FOR AN ACT ENTITLED, An Act to exempt certain food items from sales and use tax, 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 Indian tribes, and to repeal the sales tax on food refund program.

     Was read the second time.

199fg

     Sen. Merchant moved that SB 199 be further amended as follows:

     On page 10, line 10, of the Senate Taxation Committee engrossed bill, delete " three-tenths " and insert " one-half ".

     On page 10, line 14, delete " three-tenths " and insert " one-half ".

     On page 11, line 5, delete " three-tenths " and insert " one-half ".

     On page 11, line 10, delete " three-tenths " and insert " one-half ".

     On page 11, line 17, delete " three-tenths " and insert " one-half ".

     On page 12, line 9, delete " three-tenths " and insert " one-half ".

     On page 12, line 19, delete " three-tenths " and insert " one-half ".

     On page 12, line 23, delete " three-tenths " and insert " one-half ".

     On page 13, line 6, delete " three-tenths " and insert " one-half ".

     On page 13, line 19, delete " three- " and insert " one-half ".

     On page 13, line 20, delete " tenths ".

     On page 13, line 22, delete " three-tenths " and insert " one-half ".

     On page 14, line 3, delete " three-tenths " and insert " one-half ".

     On page 14, delete lines 9 to 15, inclusive.

     On page 14, line 16, delete "retailer" and insert "person".

     On page 14, line 18, delete "retailer files its" and insert "person files a".

     On page 14, line 23, delete "retailer" and insert "person".

     On page 15, line 1, delete "retailer files its" and insert "person files a".

     Which motion prevailed.

     Sen. Knudson moved the previous question.

     Which motion prevailed.


      The question being "Shall SB 199 pass as amended?"

     And the roll being called:

     Yeas 6, Nays 29, Excused 0, Absent 0

     Yeas:
Adelstein; Jerstad; Kloucek; Merchant; Nesselhuf; Turbak Berry

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

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

     Earlier, Sen. Vehle announced his intention to reconsider the vote by which SB 201 lost.

     No member moved to reconsider the vote by which SB 201 lost.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that HB 1134, 1155, 1238, 1080, 1150, 1197, 1202, and 1231 be deferred to Wednesday, February 25, the 29th legislative day.

     Which motion prevailed.

COMMEMORATION

     SC 12  Introduced by:  Senators Garnos, 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, and Vehle and Representatives Iron Cloud III, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Engels, Faehn, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Killer, Kirkeby, Kopp, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer


         A LEGISLATIVE COMMEMORATION,  Honoring Chairman Michael Jandreau of the Lower Brule Sioux Tribe for his dedication and lifelong service to his tribe, state, and nation.

     WHEREAS,  Michael B. Jandreau was born on October 20, 1943, and was raised on the Lower Brule Sioux Reservation. He attended St. Joseph Indian School in Chamberlain, South Dakota, and is a graduate of the Immaculate Conception Indian High School in Stephan, South Dakota. He married Jacqueline Langdeau in 1964 and they had nine children; and

     WHEREAS,  Chairman Jandreau in the 1960s began his own ranching operation. Since then he has turned what began with a few head of cattle and a plot of land into a successful family- run operation, in partnership with his wife and children; and

     WHEREAS,  Chairman Jandreau began his political career in 1972 when he was elected as vice chairman of the Lower Brule Sioux Tribe. He was subsequently elected to the position of tribal chairman and is entering his thirtieth year as chairman of the Lower Brule Sioux Tribe. He was reelected in 2008; and

     WHEREAS,  Chairman Jandreau has presided over a host of developmental projects and activities during his tenure as chairman of the Lower Brule Sioux Tribe. These include Lakota Foods and the Lower Brule Farm Corporation, producing cattle, bison, beef and bison products, popcorn, edible beans, and soybeans. Lakota Foods is one of the largest popcorn producers in the United States. Other enterprises and innovations during Chairman Jandreau's administration include the Buffalo Interpretive Center, inclusion on the Native American Scenic Byway, tourism development, establishment of the Golden Buffalo Casino, and many others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Legislature commends and honors Chairman Michael B. Jandreau of the Lower Brule Sioux Tribe for his many years of dedicated and innovative service to his tribe, state, and nation and for his steadfast devotion to his principles and to the well-being of his community.

SIGNING OF BILLS

     The President publicly read the title to

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

     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.

     HB 1028: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of real estate appraisers and the conditions upon which a penalty may be imposed on a real estate appraiser.

     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.

     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.

     HB 1049: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding captive insurance companies.

     HB 1058: FOR AN ACT ENTITLED, An Act to  revise certain practice privileges for certified public accountants licensed in other states.

     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.

     HB 1093: FOR AN ACT ENTITLED, An Act to  revise the boundaries of the James River Water Development District.

     HB 1099: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding insurance coverage for residential property that is destroyed while under construction.

     HB 1111: FOR AN ACT ENTITLED, An Act to  clarify and repeal certain redundancies in the provisions relating to the sale of substandard milk.

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

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

     HB 1213: FOR AN ACT ENTITLED, An Act to  allow school districts to enter into group health insurance contracts that include dental and vision insurance, and to allow school districts to offer group life and group health insurance benefits to retired employees.

     And signed the same in the presence of the Senate.

     Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at 5:48 p.m. the Senate adjourned.

Trudy Evenstad, Secretary