JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 4, 2009

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

     The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of Allegiance led by Senate page Jazmine Myers.

     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 thirty-first 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 GUEST

     The President introduced Kelly Jo Page, Artesian, the 2008 4-H Rodeo Ambassador, to the body.

COMMUNICATIONS AND PETITIONS

March 4, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 3, 2009, I approved Senate Bills 24, 27, 28, and 123, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1211 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 1036, 1253, and 1263 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1007 and returns the same with the recommendation that said bill be amended as follows:

1007om

     On page 3, after line 2 of the House engrossed bill, insert:

    "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 fifteen dollars;

             (2)      From 1,001 to 2,000 pounds, inclusive, twenty twenty-five dollars;

             (3)      From 2,001 to 3,000 pounds, inclusive, thirty-five forty dollars;

             (4)      From 3,001 to 4,000 pounds, inclusive, forty-five fifty dollars;

             (5)      From 4,001 to 5,000 pounds, inclusive, fifty-five sixty dollars;

             (6)      From 5,001 to 6,000 pounds, inclusive, sixty-five seventy dollars;

             (7)      From 6,001 to 7,000 pounds, inclusive, seventy-five eighty dollars;

             (8)      From 7,001 to 8,000 pounds, inclusive, eighty-five ninety dollars;

             (9)      From 8,001 to 9,000 pounds, inclusive, ninety-five one hundred dollars;

             (10)      From 9,001 to 10,000 pounds, inclusive, one hundred five ten dollars;

             (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 § 32-6B-21 be amended to read as follows:

     32-6B-21.   The department shall issue metal numerical license plates to licensed dealers upon application and payment of a forty-two sixty-two dollar yearly fee to be paid at the time of the annual review date for each set desired. Such The fees shall be distributed in the manner specified in §§ 32-11-2 and 32-11-4.1 to 32-11-9, inclusive. The license plates shall be numbered consecutively and shall bear as a prefix the number 77. The plates may be issued for a multiple year period. If a dealer's license is revoked or canceled or the dealer goes out of business the 77 plates shall be returned to the department. If any person operates a motor vehicle with 77 plates after the dealer license is revoked or canceled or after the dealer goes out of business, or if the person refuses to return the plates, the person is guilty of a Class 2 misdemeanor.

     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 seven years old or more on January first of the year for which a license fee is required, such fee shall be seventy seventy-five 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 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 ethyl alcohol, methyl alcohol , and aviation gasoline)-- $.22 $.25 per gallon;

             (2)      Special fuel (except jet fuel)-- $.22 $.25 per gallon;

             (3)      Ethanol blends--$.20 per gallon;

             (4)      Aviation gasoline--$.06 per gallon;

             (5) (4)      Jet fuel--$.04 per gallon;

             (6)      E85 and M85--$.10 per gallon;

             (7)      E85 and M85 used in aircraft--$.04 per gallon;

             (8) (5)      Liquid petroleum gas-- $.20 $.23 per gallon;

             (9) (6)      Compressed natural gas-- $.10 $.13 per gallon ;

             (7)    Ethyl alcohol and methyl alcohol--$.09 per gallon . "

1007ff

     On page 1, line 8, of the House engrossed bill, delete " fifty " and insert " forty ".

     On page 1, line 9, delete " sixty-two " and insert " fifty-two ".

     On page 1, line 10, delete " seventy-five " and insert " sixty-five ".

     On page 1, line 11, delete " eighty-five " and insert " seventy-five ".

     On page 2, line 1, delete " eighty " and insert " seventy ".

     On page 2, line 14, delete " seventy-five " and insert " sixty-five ".

1007ftc

     On page 1, line 2, of the House engrossed bill, after "fees" insert "and to increase the fuel excise tax on certain fuel used by motor vehicles".

    And that as so amended said bill do pass.


Also MR. PRESIDENT:

            The Committee on Transportation respectfully reports that it has had under consideration HB 1281 and returns the same with the recommendation that said bill be amended as follows:

1281fg

     On page 1, line 7, of the House engrossed bill, delete " ten " and insert " twelve ".

     On page 1, line 9, delete " fifteen " and insert " eighteen ".

     On page 1, line 11, delete " twenty " and insert " twenty-four ".

     On page 1, line 13, delete " seventy-five " and insert " thirty ".

     On page 1, line 14, delete " ninety " and insert " forty-eight ".

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1037, 1071, 1074, 1091, and 1140 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1070 and returns the same with the recommendation that said bill be amended as follows:

1070tj

     On page 2, line 8, of the House engrossed bill, delete " two " and insert " three ".

     On page 2, line 19, delete " two " and insert " three ".

    And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

 Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1072 and returns the same with the recommendation that said bill be amended as follows:

1072ff

     On the House Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

     "Section 1. That § 10-45D-2 be amended to read as follows:

     10-45D-2.   There is hereby imposed a tax of one and one-half percent on the gross receipts from any lodging establishment, campground, motor vehicle rental, visitor attraction, recreational equipment rental, recreational service, spectator event, and visitor-intensive business. The tax imposed by this section on the gross receipts of any visitor-intensive business shall apply to the gross receipts received by such business during the months of June, July, August, and September. The tax imposed by this section is in addition to any other tax imposed by chapters 10-45 and 10-46. Tangible personal property, any product transferred electronically, services, and admissions are subject to the tax imposed by this section only if subject to tax by chapters 10-45 and 10-46. "


1072ftb

     On page 1, line 1, of the House Taxation Committee engrossed bill, delete everything after "Act to" and insert "increase the gross receipts tax imposed on visitor-related businesses."

     On page 1, delete line 2.

    And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1301 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1260 and returns the same with the recommendation that said bill be amended as follows:

1260ob

     On page 2, line 4, of the House Commerce Committee engrossed bill, delete "twenty-five" and insert "fifty".

     On page 3, line 17, after "public" insert "except for proprietary information which shall remain confidential".

     On page 3, delete line 21, and insert:

    "The provisions of this Act do not apply to contracts issued for:

             (1)    Services of such a unique nature that the contractor selected is clearly and justifiably the only practicable source to provide the service. Determination that the contractor selected is justifiably the sole source is based on either the uniqueness of the service or sole availability at the location required;

             (2)    Emergency services necessary to meet an urgent or unexpected requirement or when health and public safety or the conservation of public resources is at risk;

             (3)    Services subject to federal law, regulation, or policy or state statute, under which a state agency is required to use a different selection process or to contract with an identified contractor or type of contractor;

             (4)    Services for professional legal services and services of expert witnesses, hearing officers, or administrative law judges retained by state agencies for administrative or court proceedings;

             (5)    Services involving state or federal financial assistance passed through by a state agency to a political subdivision;

             (6)    Medical services and home and community-based services;

             (7)    Services to be performed for a state agency by another state or local government agency or contracts made by a state agency with a local government agency for the direct provision of services to the public; or

             (8)    Services to be provided by entertainers for the state fair and other events."

1260oc

     On page 3, after line 21 of the House Commerce Committee engrossed bill, insert:

    "Section 8. That chapter 5-18 be amended by adding thereto a NEW SECTION to read as follows:

     Notwithstanding any other provisions of law, an agency that is required to issue a decision in a contested case proceeding in one year or less may increase its statutory deadline for issuing the agency decision by sixty days if the agency seeks to enter into a professional services contract covered by this Act."

    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 1278 and returns the same with the recommendation that said bill be amended as follows:

1278tg

     On page 1 of the printed bill, delete lines 4 to 14, inclusive, and insert:

    "Section 1. That § 8-5-13 be amended to read as follows:

     8-5-13.   No township may pass any ordinance that restricts Except on property owned or leased by the township, other than public highways as defined in § § 31-1-1 and 31-1-4, no township may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the township shall post signs sufficient to notify the public of the restriction.

     Section 2. That § 7-18A-36 be amended to read as follows:

     7-18A-36.   No county may pass any ordinance that restricts Except on property owned or leased by the county, other than public highways as defined in § § 31-1-1 and 31-1-4, no county may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the county shall post signs sufficient to notify the public of the restriction. Nothing in this section prohibits a county from regulating the commercial or industrial use of real property through duly enacted zoning ordinances.

     Section 3. That § 9-19-20 be amended to read as follows:

     9-19-20.   No municipality may pass any ordinance that restricts Except on property owned or leased by the municipality, other than public highways as defined in § § 31-1-1 and 31-1-4, no municipality may in any way restrict the possession, transportation, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinances existing restrictions prohibited by this section are null and void. On any property on which firearms or ammunition are restricted pursuant to this section, the municipality shall post signs sufficient to notify the public of the restriction. Nothing in this section prohibits a municipality from regulating the commercial or industrial use of real property through duly enacted zoning ordinances. "

     On page 2, delete lines 1 to 4, inclusive.

1278ota

     On page 1, line 1, of the printed bill, delete "clarify certain statutes" and insert "revise certain provisions".

    And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 12, 13, 14, 15, 16, 19, 23, 35, 40, 45, 46, 51, 69, 73, 76, 109, 119, 121, and 122 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., March 4, 2009.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 30 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE


MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1086 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1086 be amended as follows:

1086ja


     On page 1, line 9, of the Senate Judiciary Committee engrossed bill, delete " and daily ".

Respectfully submitted,    Respectfully submitted,
Val Rausch    Gene Abdallah
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 17 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 30 which has passed the House without change.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1013 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     SCR 7  Introduced by:  Senators Kloucek, Bartling, Bradford, Brown, Gant, Garnos, Gillespie, Gray, Hanson (Gary), Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Maher, Merchant, Miles, Nelson, Nesselhuf, Olson (Russell), Peterson, and Tieszen and Representatives Putnam, Bolin, Burg, Dennert, Dreyer, Feickert, Feinstein, Frerichs, Hoffman, Hunhoff (Bernie), Juhnke, Kirkeby, Kirschman, Kopp, Lange, Lederman, Lucas, McLaughlin, Moser, Nygaard, Olson (Betty), Rave, Romkema, Schrempp, Sly, Solum, Sorenson, Street, Turbiville, Vanneman, and Wismer

         A CONCURRENT RESOLUTION,  Requesting the State of Nebraska to provide tax relief and amnesty for certain South Dakota trucking companies.

     WHEREAS,  the State of Nebraska has recently notified many South Dakota trucking companies that they are required to file Nebraska state income tax returns; and

     WHEREAS,  the State of Nebraska has a state income tax which applies to the trucking industry and is administered by special trucking rules. The Department of Revenue from the State of Nebraska has contacted many South Dakota trucking companies to ascertain their potential income tax obligation to the State of Nebraska. These companies were unaware of their income tax obligation to the State of Nebraska; and
     WHEREAS,  the actual taxable revenue is apportioned to Nebraska for those loads that are loaded and unloaded in Nebraska. Otherwise, apportionment is based on all the miles traveled in Nebraska divided by the overall miles traveled by the trucking company; and

     WHEREAS,  the South Dakota trucking companies did not anticipate that they could incur a Nebraska income tax obligation for miles traveled in Nebraska when the load was either loaded or unloaded within the boundaries of another state or country; and

     WHEREAS,  economic times have been extremely difficult for many industries and individuals as well as governmental units, especially state governments. It is understandable in these difficult times, that states look for every source of revenue; and

     WHEREAS,  the State of Nebraska and the State of South Dakota have each agreed to a tax amnesty policy regarding other forms of taxation. For example, the Streamlined Sales Tax Project amnesty program is an attempt to have potential tax payers report and pay their current and future tax obligations in a timely manner without worry of substantial penalty; and

     WHEREAS,  South Dakota trucking companies are now better informed of their income tax obligation to the State of Nebraska and the rules that administer and apply that income tax:

     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 South Dakota Legislature requests the Nebraska Legislature to forgive all or part of the income tax due for past years on South Dakota trucking companies and to apply this tax on current and future income. Favorable resolution of this matter by the Nebraska Legislature will provide relief to an industry that also faces financial struggles; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature requests the Nebraska Legislature to develop an amnesty program for out-of-state trucking companies. The amnesty program will encourage the trucking companies to file income tax returns and pay their tax obligations in a timely manner without fear of severe penalties and interest; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature expresses its appreciation for the Nebraska Legislature's consideration of this matter.

     Was read the first time, the President waived the referral to committee, and placed SCR 7 on the calendar of Thursday, March 5, the 33rd legislative day.

     SCR 8  Introduced by:  Senators Gant, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Garnos, Gray, 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, and Vehle and Representatives Kirkeby, Blake, Brunner, Burg, Carson, Cronin, Cutler, Elliott, Engels, Fargen, Feickert, Frerichs, Gibson, Gosch, Hunhoff (Bernie), Iron Cloud III, Killer, Kirschman, Kopp, Lange, Lederman, Lucas, Moser, Noem, Novstrup (David), Nygaard, Rausch, Rave, Romkema, Schlekeway, Schrempp, Solberg, Sorenson, Steele, Street, Thompson, Vanneman, and Wink

         A CONCURRENT RESOLUTION,  urging the members of the State Streamlined Sales Tax Governing Board to amend its treatment of certain food coupons, certificates, and other documentation as gross receipts.

     WHEREAS,  the term, gross receipts, includes consideration received by the retailer from third parties; and

     WHEREAS,  the retailer's gross receipts include the price reduction or discount provided through a coupon, certificate, or other documentation presented by the purchaser if it is identified as a third party price reduction or discount on the invoice received by the purchaser; and

     WHEREAS,  if the purchaser presents a coupon, certificate, or other documentation to the retailer to claim a price reduction or discount where the coupon, certificate, or documentation is authorized, distributed, or granted by a third party with the understanding that the third party will reimburse the retailer, the reimbursement is considered to be gross receipts; and

     WHEREAS,  the retailer must report the reimbursement received from a third party as gross receipts for taxation purposes; and

     WHEREAS,  the Streamlined Sales Tax Project has provided the states a definition for food and has allowed for states to set a rate of taxation for food that differs from the state's base sales tax rate for other goods and services:

     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 urges the Streamlined Sales Tax Governing Board to allow states to define that the reimbursement by a third party for a coupon, certificate, or other documentation presented by the purchaser for any item defined as food not be considered as gross receipts for the retailer.

     Was read the first time, the President waived the referral to committee, and placed SCR 8 on the calendar of Thursday, March 5, the 33rd legislative day.

     HCR 1013: A CONCURRENT RESOLUTION, Reasserting sovereignty under the Tenth Amendment to the Constitution of the United States over certain powers and serving notice to the federal government to cease and desist certain mandates.

     Was read the first time, the President waived the referral to committee, and placed HCR 1013 on the calendar of Thursday, March 5, the 33rd legislative day.

     Sen. Hansen (Tom) moved that the Senate do concur in House amendments to SB 1.

     The question being on Sen. Hansen's motion that the Senate do concur in House amendments to SB 1.

     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 the amendments were concurred in.

     Sen. Maher moved that the Senate do not concur in House amendments to SB 105 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. Rhoden, Howie, and Maher.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on HB 1060 as found on page 587 of the Senate Journal ; also

     Education on HB 1241 as found on page 584 of the Senate Journal ; also

     Education on HB 1254 as found on page 586 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     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 second time.

     The question being "Shall HB 1067 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 1101: FOR AN ACT ENTITLED, An Act to allow affidavits for change of judge in habeas corpus actions.

     Was read the second time.

     The question being "Shall HB 1101 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 1265: FOR AN ACT ENTITLED, An Act to allow sellers to receive attorney fees in actions involving the disclosure statement required for certain real estate transfers.

     Was read the second time.

     The question being "Shall HB 1265 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 1268: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the maximum number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.

     Was read the second time.

     The question being "Shall HB 1268 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     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 second time.

1240tc

     Sen. Maher moved that HB 1240 be further amended as follows:

     On page 2 of the House engrossed bill, delete lines 21 to 24, inclusive, and insert:

    "The provisions of section 1 to 3, inclusive, of this Act do not apply to any enclosed area of an establishment that is licensed to sell alcoholic beverages for consumption on the premises pursuant to chapter 35-4 if the enclosed area is restricted to persons twenty-one or older or is a retail space of a licensed gaming establishment as defined in §  42-7B-18. If an enclosed area where smoking is allowed pursuant to this section is connected to or housed in a restaurant or other public place where smoking is prohibited, the doorway between the enclosed area and the public place shall remain closed when not actively used. Any enclosed area where smoking is allowed pursuant to this section shall be posted as a smoking area."


     On page 3, delete lines 1 to 14, inclusive.

     Sen. Heidepriem requested a roll call vote.

     Which request was supported.

     The question being on Sen. Maher's motion that HB 1240 be further amended.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; Fryslie; Garnos; Gillespie; Gray; Hanson (Gary); Haverly; Kloucek; Maher; Nelson; Novstrup (Al); Olson (Russell); Vehle

     Nays:
Adelstein; Ahlers; Dempster; Gant; Hansen (Tom); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; Peterson; Rhoden; Schmidt; 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.

1240jab

     Sen. Vehle moved that HB 1240 be further amended as follows:

     On page 4, between lines 3 and 4 of the House engrossed bill, insert:

    "Section 8. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any alcoholic beverage licensee who has an alcoholic beverage license issued pursuant to subdivision 35-4- 2(4), (6), (12), or (16), if the licensee meets the following requirements:

             (1)    Generates sixty-five percent of its annual gross income from the sale of alcoholic beverages, excluding any annual gross income from any video lottery machines on the licensed premises pursuant to chapter 42-7A;

             (2)    Provides no food service except cold snacks, cold hors d'oeuvre's, and cold sandwiches;

             (3)    Does not allow any person less than twenty-one years of age to loiter on the licensed premises; and

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

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

     Section 9. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to any retail space of a licensed gaming establishment pursuant to chapter 42-7B if the retail space is an enclosed area. However, if any enclosed area where smoking is allowed pursuant to this section is connected to or housed in any other public place where smoking is prohibited, the enclosed area shall be equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas, and any doorway between the enclosed area and the public place shall remain closed when not actively used. Any enclosed area where smoking is allowed pursuant to this section shall be posted as a smoking area.

     Section 10. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to the area where video lottery machines are located by an establishment licensed pursuant to chapter 42-7A if such area is an enclosed area. However, if the enclosed area where smoking is allowed pursuant to this section is connected to or housed in any other public place where smoking is prohibited, the enclosed area shall be equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas, and any doorway between the enclosed area and the public place shall remain closed when not actively used. Any enclosed area where smoking is allowed pursuant to this section shall be posted as a smoking area."

     Sen. Gray moved the previous question.

     Which motion prevailed.

     Sen. Heidepriem requested a roll call vote.

     Which request was supported.

     The question being on Sen. Vehle's motion that HB 1240 be further amended.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent 0

     Yeas:
Abdallah; Bradford; Brown; Garnos; Gillespie; Haverly; Kloucek; Maher; Nelson; Novstrup (Al); Olson (Russell); Schmidt; Vehle

     Nays:
Adelstein; Ahlers; Bartling; Dempster; Fryslie; Gant; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; 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.

1240tb

     Sen. Kloucek moved that HB 1240 be further amended as follows:

     On page 1, line 13, of the House engrossed bill, delete "Class 2 misdemeanor" and insert "petty offense".

     Sen. Kloucek requested a roll call vote.

     Which request was supported.

     The question being on Sen. Kloucek's motion that HB 1240 be further amended.

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

     Yeas:
Abdallah; Bartling; Brown; Fryslie; Garnos; Gillespie; Gray; Hanson (Gary); Haverly; Hundstad; Kloucek; Maher; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry; Vehle

     Nays:
Adelstein; Ahlers; Bradford; Dempster; Gant; Hansen (Tom); Heidepriem; Howie; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; Tieszen

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

1240fc

     Sen. Vehle moved that HB 1240 be further amended as follows:

     On page 4, between lines 3 and 4 of the House engrossed bill, insert:

    "Section 8. That chapter 34-46 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to the area where video lottery machines are located by an establishment licensed pursuant to chapter 42-7A if such area is an enclosed area. However, if the enclosed area where smoking is allowed pursuant to this section is connected to or housed in any other public place where smoking is prohibited, the enclosed area shall be equipped with a ventilation system by which exhausted air is not recirculated to nonsmoking areas and smoke is not backstreamed into nonsmoking areas, and any doorway between the enclosed area and the public place shall remain closed when not actively used. Any enclosed area where smoking is allowed pursuant to this section shall be posted as a smoking area."

     Sen. Maher requested a roll call vote.

     Which request was supported.

     The question being on Sen. Vehle's motion that HB 1240 be further amended.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0

     Yeas:
Abdallah; Bradford; Brown; Garnos; Gillespie; Gray; Hanson (Gary); Haverly; Kloucek; Maher; Nelson; Novstrup (Al); Olson (Russell); Schmidt; Vehle

     Nays:
Adelstein; Ahlers; Bartling; Dempster; Fryslie; Gant; Hansen (Tom); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; 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.

1240fb

     Sen. Nelson moved that HB 1240 be further amended as follows:

     On page 5, after line 3 of the House engrossed bill, insert:
    "Section 11. That chapter 34-36 be amended by adding thereto a NEW SECTION to read as follows:

     The provisions of sections 1 to 3, inclusive, of this Act do not apply to the retail space, as defined in subdivision 42-7B-4(20), that is operated by any person licensed pursuant to chapter 42-7B. The retail space shall be identified in the licensee's retail floor plan pursuant to §  42-7B- 18."

     Sen. Kloucek requested a roll call vote.

     Which request was supported.

     The question being on Sen. Nelson's motion that HB 1240 be further amended.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; Fryslie; Garnos; Gillespie; Gray; Haverly; Kloucek; Maher; Nelson; Olson (Russell); Schmidt; Vehle

     Nays:
Adelstein; Ahlers; Dempster; Gant; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; 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.


      Sen. Gray moved the previous question.

     Which motion prevailed.

     The question now being "Shall HB 1240 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent 0

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

     Nays:
Abdallah; Bartling; Bradford; Brown; Fryslie; Garnos; Gillespie; Haverly; Howie; Maher; Nelson; Olson (Russell); 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.

     Sen. Nelson announced his intention to reconsider the vote by which HB 1240 passed.


     HB 1177: FOR AN ACT ENTITLED, An Act to revise the definition of transmission facilities.

     Was read the second time.

     The question being "Shall HB 1177 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Gillespie

     Excused:
Abdallah; Nelson

     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 1233: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the campaign finance reporting of the expenditures of certain organizations.

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

1233ca

     Sen. Gray moved that HB 1233 be amended as follows:

     On page 1, line 11, of the printed bill, after " annual " insert " gross ".
     Which motion prevailed.

     The question being "Shall HB 1233 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; 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; Turbak Berry; Vehle

     Excused:
Abdallah; Maher

     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 1239: FOR AN ACT ENTITLED, An Act to create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions in the state.

     Was read the second time.

1239xa

     Sen. Dempster moved that HB 1239 be further amended as follows:

     On page 2, line 9, of the House State Affairs Committee engrossed bill, delete "one" and insert "ten".

1239xb

     Sen. Nesselhuf moved that HB 1239 be further amended as follows:

     On the pending amendment (1239xa), delete "ten" and insert "five".

     Which motion prevailed.

    The question now being on Sen. Dempster's amendment (1239xa) as amended.

    Which motion prevailed.

1239fa

     Sen. Gant moved that HB 1239 be further amended as follows:

     On page 2, line 11, of the House State Affairs Committee engrossed bill, after "." insert "If the expenses of the South Dakota Boxing Commission exceed the fees collected pursuant to this Act, the members of the commission are personally liable to cover the expenses."

     Which motion prevailed.

     Sen. Kloucek moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1239 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 8, Excused 0, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Turbak Berry

     Nays:
Adelstein; Gray; Hansen (Tom); Hunhoff (Jean); Knudson; Olson (Russell); Tieszen; 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 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the telecommunications gross receipts tax.

     Was read the second time.

     The question being "Shall HB 1255 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; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Nelson

     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 1081: FOR AN ACT ENTITLED, An Act to make an appropriation for operation costs of the 24/7 sobriety program and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1081 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; 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; Turbak Berry; Vehle

     Nays:
Tieszen

     Excused:
Adelstein; Ahlers

     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.

    The President Pro Tempore now presiding.


     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 second time.


     The question being "Shall HB 1149 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; 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); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Dempster; 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 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 second time.

    The President now presiding.

     The question being "Shall HB 1166 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; 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); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Dempster; 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 1167: FOR AN ACT ENTITLED, An Act to revise the statute of frauds with respect to the sale of grain, grain sorghums, beans, and oilseeds.

     Was read the second time.

     The question being "Shall HB 1167 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; 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); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Dempster; 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.

     There being no objection, the Senate reverted to Order of Business No. 7.

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 1050 and 1090.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that SB 81 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS

     SC 15  Introduced by:  Senators Gillespie, Abdallah, Adelstein, 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, and Vehle and Representatives Bolin, Blake, Boomgarden, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Elliott, Engels, Faehn, 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, 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 Anna Joy Thvedt, of Beresford, South Dakota's Junior Miss 2009.

     WHEREAS,  Anna Joy Thvedt has been selected by Beresford High School as a member of the National Honor Society for her senior class; and

     WHEREAS,  Anna Joy Thvedt has been elected by Beresford High School as president of FCCLA (Family, Career, Community Leaders of America) and treasurer for District IV FCCLA and a state voting delegate for FCCLA District IV; and

     WHEREAS,  Anna Joy Thvedt has been selected as All-State Chorus delegate, oral interpretation regional qualifier, and a member of the High Honor Roll, and earned a four-year letter in cheerleading at Beresford High School; and

     WHEREAS,  Anna Joy Thvedt has been selected for an Outstanding Students of America Award and Who's Who Among American High School Students; and

     WHEREAS,  Anna Joy Thvedt has been selected as South Dakota's Junior Miss 2009 and will represent South Dakota in the America's Junior Miss Scholarship Program in June 2009 in Mobile, Alabama:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Anna Joy Thvedt be honored for her accomplishments and be extended best wishes as she represents the state as South Dakota's Junior Miss 2009.

     SC 16  Introduced by:  Senator Garnos and Representatives Deadrick and Juhnke

         A LEGISLATIVE COMMEMORATION,  Congratulating Ryan Kocer for winning the 2008 ESPY Award for "Best Male Athlete With a Disability".

     WHEREAS,  Ryan Kocer is a three-time state wrestling champion; and

     WHEREAS,  Ryan Kocer, despite losing part of his leg in an accident on his family's farm, placed fourth at the South Dakota State B Wrestling Tournament only six months after the accident; and

     WHEREAS,  Ryan Kocer has displayed great courage in athletics; and

     WHEREAS,  the ESPY Award is a national, televised award recognizing excellence in sports performance; and

     WHEREAS,  Ryan Kocer was awarded the ESPY Award for "Best Male Athlete With a Disability":

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Ryan Kocer is honored for receiving the 2008 ESPY Award for "Best Male Athlete With a Disability".

     SC 17  Introduced by:  Senator Garnos and Representatives Juhnke and Deadrick

         A LEGISLATIVE COMMEMORATION,  Honoring the 2008 Chamberlain Girls' Cross Country Team and the students and staff involved in the girls' cross country program.

     WHEREAS,  the members of the Chamberlain Girls' Cross Country team won the Class A title at the 2008 State Cross Country meet; and

     WHEREAS,  the Chamberlain Girls' Cross Country Team had two runners in the top ten and three runners in the top thirty; and

     WHEREAS,  the Chamberlain Girls' Cross Country Team received superior coaching and outstanding leadership guidance from head coach Garry Winter and all other students and staff involved in the girls' cross country program:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Chamberlain High School Girls' Cross Country Team won the Class A title at the 2008 State Cross Country meet.

     SC 18  Introduced by:  Senators Olson (Russell), Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Peters, Blake, Bolin, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Dreyer, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Novstrup (David), Olson (Betty), Olson (Ryan), 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,  Commending and honoring the 2008-2009 Madison High School Lady Bulldogs Gymnastics Team for its fifteenth consecutive state championship title in Class A Gymnastics and for setting the national record for consecutive gymnastics state championships.

     WHEREAS,  the Madison Lady Bulldogs Gymnastics Team has proven to have outstanding athletes year in and year out by winning the Class A Championship for fifteen consecutive years, the most consecutive state championships in the nation; and

     WHEREAS,  Mara Riedel, Kaitlyn Walker, Jessica Strom, Kaylee Grayson, Kara Pederson, Laura Blom, Danielle Bloom, Lexi Finck, Shannon Winthers, Preslee Jorgenson, and Ashley Schwebach achieved this honor through hard work and dedication; and

     WHEREAS,  coaches Maridee Dossett and Kindra Wiese put forth the time and effort to train and practice with the Madison Lady Bulldogs Gymnastics Team:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Class A Madison High School Lady Bulldogs Gymnastics Team be commended and honored for their excellence in athletics and academics for the 2008-2009 school year, for winning the championship title for fifteen consecutive years, and for setting the national record of consecutive gymnastics state championships.

SIGNING OF BILLS

     The President publicly read the title to

     SB 30: FOR AN ACT ENTITLED, An Act to  repeal the requirement that the Department of Transportation file a copy of the official state trunk highway map with every county auditor.

     HB 1024: FOR AN ACT ENTITLED, An Act to  authorize the Department of Transportation to regulate the operation of off-road vehicles in certain state highway ditches.

     HB 1148: FOR AN ACT ENTITLED, An Act to  clarify requirements for employment of a city engineer.

     HB 1159: FOR AN ACT ENTITLED, An Act to  provide for the adjustment of prices in certain public contracts.

     HB 1184: FOR AN ACT ENTITLED, An Act to  clarify provisions dealing with the initiative process.

     HB 1214: FOR AN ACT ENTITLED, An Act to  remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.


     And signed the same in the presence of the Senate.

     Sen. Nesselhuf moved that the Senate do now adjourn, which motion prevailed and at 5:06 p.m. the Senate adjourned.

Trudy Evenstad, Secretary