JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 25, 2009

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by Senate page Shawna Van Zee.

     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-eighth 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.
INTRODUCTION OF HONORED GUESTS

     The President introduced Joanne Groves, Huron School District Board, 2008-2009 Outstanding School Board Member of South Dakota, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1255 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB  148, which was removed from the table, and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1024 and 1228 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1214 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 Transportation respectfully reports that it has had under consideration HB 1140 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1148 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 Local Government respectfully reports that it has had under consideration HB 1234 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jason M. Gant, Chair
Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1118, 1184, and 1233 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1177 and returns the same with the recommendation that said bill be amended as follows:

1177fb

     On page 2, line 12, of the House engrossed bill, after " . " insert " For the purposes of this chapter such electric transmission line and associated facilities is a transmission facility. "
    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill be amended as follows:

1112oa

     On page 2, line 3, of the House State Affairs Committee engrossed bill, after " holder " insert " and attaches only to the easement holder's rights ".

     On page 2, line 3, after " not " insert " otherwise ".

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

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1188 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 24, 27, 28, and 123 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 20 was delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 25, 2009.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SCR 5 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 24, 27, 28, and 123 which have passed the House without change.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1108.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1007, 1036, 1067, 1070, 1071, 1072, 1091, 1129, 1142, 1153, 1166, 1176, 1183, 1251, 1252, 1254, 1264, 1271, 1280, and 1287 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 2:00 p.m. on Monday, March 2, the 30th legislative day.

     Which motion prevailed.

     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 second time.

     Sen. Bradford moved that the Senate do concur in HCR 1010 as found on page 462 of the House Journal.

     The question being on Sen. Bradford's motion that the Senate do concur in HCR 1010.

     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; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Nelson

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1010 was concurred in.

     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 second time.

     Sen. Bradford moved that the Senate do concur in HCR 1011 as found on page 463 of the House Journal.

     The question being on Sen. Bradford's motion that the Senate do concur in HCR 1011.

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.


      Sen. Knudson moved that HB 1215 be deferred to Monday, March 2, the 30th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on HB 1050 as found on page 521 of the Senate Journal ; also

     Judiciary on HB 1090 as found on page 520 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1007: FOR AN ACT ENTITLED, An Act to increase certain noncommercial and commercial motor vehicle license fees.

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

     HB 1036: FOR AN ACT ENTITLED, An Act to require the redaction of certain numbers before furnishing copies of information.

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

     HB 1067: FOR AN ACT ENTITLED, An Act to allow the voters of a school district to discontinue school board representation areas.

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

     HB 1070: FOR AN ACT ENTITLED, An Act to revise certain fees pertaining to seed permits and nursery certificates of inspection.

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

     HB 1071: FOR AN ACT ENTITLED, An Act to revise certain fees, licenses, and other requirements for milk plants and dairy farms.

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

     HB 1072: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning the delayed remittance of sales and use taxes for certain businesses.

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

     HB 1091: FOR AN ACT ENTITLED, An Act to make an appropriation to initiate a master of social work degree program in higher education.

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

     HB 1129: FOR AN ACT ENTITLED, An Act to ensure the integrity of pipelines to be used for the transportation of carbon dioxide for the purpose of enhanced oil recovery or geologic carbon sequestration.

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

     HB 1142: FOR AN ACT ENTITLED, An Act to appropriate money for an adult farm and ranch management program.

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

     HB 1153: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of indecent exposure involving a child and to revise the elements of the crime of indecent exposure.

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

     HB 1166: FOR AN ACT ENTITLED, An Act to provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

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

     HB 1176: FOR AN ACT ENTITLED, An Act to clarify unemployment benefits.

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

     HB 1183: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents and the South Dakota Building Authority to contract for construction of the Higher Education Center- West River, to fund certain postsecondary education grant programs, and to make an appropriation therefor.

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

     HB 1251: FOR AN ACT ENTITLED, An Act to impose an additional tax on the proceeds of Deadwood gaming.

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

     HB 1252: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the education enhancement tobacco tax fund.

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

     HB 1254: FOR AN ACT ENTITLED, An Act to revise the index factor in the state aid to education formula.

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

     HB 1264: FOR AN ACT ENTITLED, An Act to provide for the utilization of conditional early release bonds in regard to certain furloughs and paroles.

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

     HB 1271: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Corrections to provide for the purchase, design, construction, and equipping of a combined minimum security/parole facility in Rapid City for the Department of Corrections.

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

     HB 1280: FOR AN ACT ENTITLED, An Act to create reduced ignition propensity standards for cigarettes, to authorize the state fire marshal to monitor such standards, and to provide penalties therefor.

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

     HB 1287: FOR AN ACT ENTITLED, An Act to permit evidence of the defendant's commission of other acts of child molestation to be admissible in certain child molestation cases.


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

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1103: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

     Was read the second time.

     The question being "Shall HB 1103 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; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Miles

     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 1122: FOR AN ACT ENTITLED, An Act to require that prosecutors notify victims of domestic abuse regarding the status of their case.

     Was read the second time.

     The question being "Shall HB 1122 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; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Miles

     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 1123: FOR AN ACT ENTITLED, An Act to remove certain sanctions related to public assistance for certain felony drug offenders.

     Was read the second time.

     The question being "Shall HB 1123 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; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Miles

     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 1138: FOR AN ACT ENTITLED, An Act to provide for the defeasance of the Commission on the Status of Women.

     Was read the second time.

     The question being "Shall HB 1138 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; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Miles

     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 1205: FOR AN ACT ENTITLED, An Act to permit an applicant for a responsible broker's license to complete the required fifteen hours of education beyond the broker associate level after licensure as a responsible broker.

     Was read the second time.

     The question being "Shall HB 1205 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; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Miles

     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. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1086 and has appointed Reps. Lust, Rausch, and Gibson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

      The President announced as such committee Sens. Abdallah, Tieszen, and Gillespie.

    There being no objection, the Senate proceeded to Order of Business 13.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 148: FOR AN ACT ENTITLED, An Act to require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

     Was read the second time.

148sa

     Sen. Abdallah moved that SB 148 be amended as follows:

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

     "Section 1. That § 58-11-46 be amended to read as follows:

     58-11-46.   A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:

             (1)      Nonpayment of premium; or

             (2)      The driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty days immediately preceding its effective date ;

             (3)    For any person who is insured based upon participation in the 24/7 sobriety program and who is no longer a participant in the 24/7 sobriety program due to noncompliance with the 24/7 sobriety program .

     This section shall not apply to nonrenewal. "

     Which motion prevailed.

     The question being "Shall SB 148 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.

148sta

     Sen. Abdallah moved that the title to SB 148 be amended as follows:

     On page 1, line 1, of the printed bill, delete everything after "to" and insert "permit the cancellation of insurance when a person is no longer a participant in the 24/7 sobriety program."

     On page 1, delete lines 2 and 3.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1080: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

     Was read the second time.

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

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, 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; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Nays:
Abdallah; Maher; Nelson; Rhoden; 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.

     HB 1134: FOR AN ACT ENTITLED, An Act to require notice of the cost of certain public notices.

     Was read the second time.

     The question being "Shall HB 1134 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

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

     Nays:
Hansen (Tom); Kloucek; Maher; Peterson; Tieszen; 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.

    The President Pro Tempore now presiding.

     HB 1150: FOR AN ACT ENTITLED, An Act to revise certain requirements for any person to sell motorcycles at an event and to provide a penalty for violation thereof.

     Was read the second time.

     The question being "Shall HB 1150 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Gant; Novstrup (Al)

     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 1155: FOR AN ACT ENTITLED, An Act to require that the testing of blood samples of suspects of sexual assault be initiated within a specified time.

     Was read the second time.

     The question being "Shall HB 1155 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 1197: FOR AN ACT ENTITLED, An Act to allow single-family dwellings that are under construction or listed for sale by contractors to be classified as owner-occupied single- family dwellings for the purpose of taxation.

     Was read the second time.

    The President now presiding.

     The question being "Shall HB 1197 pass?"

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, Absent 0

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

     Nays:
Fryslie; Hansen (Tom); Haverly; Nelson; 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 1202: FOR AN ACT ENTITLED, An Act to permit certain persons with insulin- treated diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

     Was read the second time.

     The question being "Shall HB 1202 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

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

     Nays:
Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Nesselhuf; Peterson

     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 1231: FOR AN ACT ENTITLED, An Act to increase the exemption on the proceeds of the sale of certain homesteads.

     Was read the second time.

     The question being "Shall HB 1231 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     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 1238: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1238 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

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

     Was read the second time.

     The question being "Shall HB 1057 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 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.

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

     The question being "Shall HB 1154 pass as amended?"

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent 0

     Yeas:
Adelstein; Dempster; Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Merchant; Nelson; Nesselhuf; Olson (Russell); Peterson; Vehle

     Nays:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Maher; Miles; Novstrup (Al); Rhoden; Schmidt; Tieszen; Turbak Berry

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

     HB 1158: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to private placement policies.

     Was read the second time.

     The question being "Shall HB 1158 pass?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

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

     Nays:
Haverly; Hundstad; 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.

COMMEMORATION

     SC 13  Introduced by:  Senators Tieszen, Abdallah, Adelstein, Brown, Fryslie, Kloucek, Maher, Miles, Nelson, Novstrup (Al), Schmidt, and Vehle and Representatives McLaughlin, Blake, Bolin, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, 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 Malcom Chapman of Rapid City as the 2008 winner of the South Dakota Municipal League Excellence in Municipal Government Award.

     WHEREAS,  Malcom Chapman is an outstanding council member who is not only an asset to his city, but all municipalities in the State of South Dakota; and

     WHEREAS,  Malcom Chapman is a strong advocate for South Dakota, providing an example of leadership, commitment, volunteerism, and giving back to one's community; and

     WHEREAS,  Malcom's activity with our municipalities has expanded to service to all the cities in the United States, as he was elected to the Board of Directors for the National League of Cities; and

     WHEREAS,  Malcom's calm professionalism has helped his council focus on the task that needs to be accomplished:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Malcom Chapman be recognized for his Excellence in Municipal Government Award.

SIGNING OF BILLS

     The President publicly read the title to

     SB 24: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the retention of insurance claim files.

     SB 27: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the renewal of limited or restricted insurance producer's licenses.

     SB 28: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the coordination of benefits and the rescission of individual health insurance.

     SB 123: FOR AN ACT ENTITLED, An Act to  revise certain evidentiary rules relating to the statements of children.

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

     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.

     HB 1082: FOR AN ACT ENTITLED, An Act to  revise the procedure to adopt rules.

     HB 1104: FOR AN ACT ENTITLED, An Act to  authorize a sentencing court to impose consecutive revocations of hunting, fishing, or trapping privileges under certain conditions.

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

     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.

     And signed the same in the presence of the Senate.

     Sen. Merchant moved that the Senate do now adjourn, which motion prevailed and at 3:33 p.m. the Senate adjourned.

Trudy Evenstad, Secretary