JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 9, 2009

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

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

     Roll Call: All members present except Sen. Adelstein who was excused.

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-fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1237 and 1271 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 1038 and returns the same with the recommendation that said bill be amended as follows:

1038oc
     On page 2, line 9, of the printed bill, overstrike "and on wines,".

     On page 2, between lines 11 and 12, insert

             "(2)     On wines, for one brand, twenty-five dollars and for each additional brand registered by the same person seventeen dollars and fifty cents; ".

     On page 2, line 12, overstrike "(2)" and insert " (3) ".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

1183ab

     On page 6, line 14, of the House engrossed bill, delete "from the general fund".

     On page 6, line 15, delete everything after "necessary," and insert "in other fund expenditure authority to the Board of Regents".

     On page 6, line 16, delete "Education".

     On page 6, line 17, after "." insert "The grant program authorized by this Act shall operate as a pilot program during fiscal year 2010. Notwithstanding any provision of chapter 13-55A or 13-55B to the contrary, the Board of Regents shall administer the program during its initial year."

     On page 6, line 22, after "The" delete "secretary of education" and insert "executive director of the Board of Regents".
1183ac

     On page 6, line 9, of the House engrossed bill, delete "or".

     On page 6, line 13, after "building" insert "; or

             (10)    Establish a research park on the site".

1183ad

     On page 7, after line 2 of the House engrossed bill, insert:

    "Section 16. That section 2 of chapter 93 of the 2006 Session Laws be amended to read as follows:

     Section 2. There is hereby appropriated to the Board of Regents four million dollars ($4,000,000), or so much thereof as may be necessary, four million eight hundred fifty-two thousand dollars ($4,852,000) from private donations and grants received by South Dakota State University and one million dollars ($1,000,000) from the higher education facilities fund, or so much thereof as may be necessary, to construct the facility described in section 1 of this Act."


1183ota

     On page 1, line 1, of the House engrossed bill, after "Act to" insert "leverage public investments in higher education facilities and grant programs with private moneys, to".

     On page 1, line 3, after "," insert "to authorize the use of higher education facilities funds to construct the new dairy manufacturing plant at South Dakota State University in Brookings,".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1142 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1207 and 1246 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:

1079sd

     On the pending amendment (1079sa), in the On page 2, line 6 instruction, before "domiciles" insert " temporarily ".

1079sc

     On page 2, line 2, of the House Judiciary Committee engrossed bill, delete everything after "reside,".

     On page 2, line 3, delete everything before "temporarily".

     On page 2, line 5, delete everything after "resides,".

     On page 2, delete line 6, and insert " temporarily domiciles, attends school, attends postsecondary education ".

     On page 2, line 7, after "." insert " If the sex offender is not otherwise registered in the state, the sex offender shall register within five days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. "

1079sb

     On page 1 of the House Judiciary Committee engrossed bill, delete lines 13 and 14, and insert "state."

     On page 2, line 1, delete " prior to July1, 2009. "

     On page 2, delete lines 13 to 18, inclusive, and insert "requirements under this section."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1287 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

 Also MR. PRESIDENT:

        The Committee on Transportation respectfully reports that it has had under consideration HB 1227 and returns the same with the recommendation that said bill be amended as follows:

1227fa

     On page 1, line 7, of the printed bill, delete " seventy " and insert " sixty-nine ".

     On page 1, line 8, delete " one hundred " and insert " ninety-two ".

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

     On page 1, line 11, overstrike "twenty" and insert " twenty-three ".

     On page 2, line 7, delete " fifteen dollars" and insert " eleven dollars and fifty cents ".

     On page 2, line 8, delete " twenty-five " and insert " twenty-three ".

     On page 2, line 9, after "dollars" insert " and twenty-five cents ".

     On page 2, line 10, delete " fifty dollars" and insert " fifty-one dollars and seventy-five cents ".

     On page 2, line 11, delete " sixty dollars" and insert " sixty-three dollars and twenty-five cents ".

     On page 2, line 12, delete " seventy dollars" and insert " seventy-four dollars and seventy- five cents ".

     On page 2, line 13, delete " eighty dollars" and insert " eighty-six dollars and twenty-five cents ".

     On page 2, line 14, delete " ninety dollars" and insert " ninety-seven dollars and seventy-five cents ".

     On page 2, line 15, delete " one hundred dollars" and insert " one hundred nine dollars and twenty-five cents ".

     On page 2, line 16, delete " ten dollars" and insert " twenty dollars and seventy-five cents ".

     On page 2, line 18, delete "ten dollars" and insert " ten eleven dollars and fifty cents ".

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair
Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 8, 38, 64, 77, 91, 107, 129, 130, 140, 154, 158, 185, and 190 and finds the same correctly enrolled.

Also MR. PRESIDENT:

         The Committee on Legislative Procedure respectfully reports that SB 1, 5, 18, 39, 47, 48, 52, 54, 56, 66, 86, 89, 110, 128, 133, 141, 161, 174, 180, 183, and 187 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., March 9, 2009.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

Cc105A

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered SB 105 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,    Respectfully submitted,
Deb Peters    Larry Rhoden
House Committee Chair    Senate Committee 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 1081, 1177, and 1233.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1017 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 77, 107, 129, 130, 140, 158, 185, and 190 which have passed the House without change.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 90, 159, and 202 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1239 and has appointed Reps. Carson, Peters, and Schrempp 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. Howie, Olson (Russell), and Nesselhuf.

MOTIONS AND RESOLUTIONS

     HCR 1017: A CONCURRENT RESOLUTION, Urging a finding by the United States Fish and Wildlife Service that the black-tailed prairie dog is not likely to become an endangered species.

     Was read the first time, the President waived the referral to committee, and placed HCR 1017 on the calendar of Tuesday, March 10, the 36th legislative day.

     SCR 10  Introduced by:  Senators Kloucek, Ahlers, Bartling, Bradford, Fryslie, Garnos, Gillespie, Gray, Hanson (Gary), Howie, Maher, Merchant, Miles, Nesselhuf, Olson (Russell), Peterson, Schmidt, Tieszen, and Turbak Berry and Representatives Lederman, Brunner, Cronin, Deadrick, Elliott, Feickert, Frerichs, Hamiel, Jensen, Juhnke, Kirkeby, Kopp, Lange, Moser, Nygaard, Olson (Betty), Putnam, Sly, Solberg, Steele, Street, Thompson, Verchio, and Wink

         A CONCURRENT RESOLUTION,  Supporting legislative efforts in other states addressing the need to provide for equine slaughter and processing in the United States.
     WHEREAS,  there are currently no horse processing facilities in operation in the United States, and federal legislation was introduced to prohibit the transport or sale of horses and other equines for slaughter or processing; and

     WHEREAS,  the equine industry faces an unprecedented crisis as thousands of unwanted horses are exposed to abandonment and neglect because of the cessation of horse slaughter in the United States, and efforts to prohibit the transport and export of horses for slaughter only exacerbate this problem; and

     WHEREAS,  there is a critical need for humane horse processing facilities in the United States. The nation's overburdened horse rescue and adoption facilities cannot begin to handle the influx of additional abandoned horses each year that results from the cessation of equine slaughter, processing, and transport activity; and

     WHEREAS,  in the United States, the harvest of animals under federal inspection is highly
regulated to provide for humane handling of the animals and for a safe and wholesome product. Horse processing in the United States was the most tightly regulated of any animal harvest. Horse processing facilities cannot be established in the United States unless federal inspection for such facilities is reinstated; and

     WHEREAS,  the North Dakota Legislature is currently considering HB 1496 to authorize and fund a feasibility study for an equine processing facility to meet the needs of the equine industry in the current crisis; and

     WHEREAS,  the Illinois Legislature is considering HB 0583 to reinstate certain inspection and regulation activity related to horse slaughter and processing facilities as well as other provisions to facilitate the resumption of such activity in Illinois; and

     WHEREAS,  the Montana Legislature is considering HB 418, a measure to encourage private horse slaughter plant development. The bill would prohibit state courts from granting injunctions designed to stop or delay construction of horse slaughter or processing facilities based on permit or licensing challenges or on environmental grounds; and

     WHEREAS,  the Midwestern Legislative Conference of the Council of State Governments at its 2007 and 2008 meetings passed resolutions in support of horse processing and related activities in the United States:

     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 supports actions proposed by the state legislatures in North Dakota, Montana, Illinois, and other states to facilitate the resumption of equine processing and slaughter in the United States and urges the Congress and the United States Department of Agriculture to reinstate USDA's inspection program for horse slaughter facilities and to lift restrictions on horse slaughter and processing activities and facilities in the United States.

     Was read the first time, the President waived the referral to committee, and placed SCR 10 on the calendar of Tuesday, March 10, the 36th legislative day.


     SCR 9: A CONCURRENT RESOLUTION, Opposing certain practices by corporations in the genetically modified and genetically engineered seed industry.

    Was read the section time.

     Sen. Kloucek moved that SCR 9 as found on page 663 of the Senate Journal be adopted.

     Which motion failed for lack of a second.

     Sen. Hanson (Gary) moved that SCR 9 be laid on the table.

     The question being on Sen. Hanson's motion that SCR 9 be laid on the table.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Kloucek

     Excused:
Adelstein

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

     Sen. Rhoden moved that the Senate do concur in House amendments to SB 55.

     The question being on Sen. Rhoden's motion that the Senate do concur in House amendments to SB 55.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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


     Excused:
Adelstein

     So the 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. Hanson (Gary) moved that the Senate do not concur in House amendments to SB 115 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. Olson (Russell), Rhoden, and Hanson (Gary).

     Sen. Knudson moved that the Senate do concur in House amendments to SB 126.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 126.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Adelstein

     So the 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. Knudson moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Tuesday, March 10, the 36th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that HB 1007, 1060, 1072, 1215, and 1281 be deferred to Tuesday, March 10, the 36th legislative day.

     Which motion prevailed.


SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Kloucek requested that HB 1163 be removed from the Consent Calendar.

     Pursuant to Senate Rule 6-1, the President removed HB 1280 from the Consent Calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

     Was read the second time.

     The question being "Shall HB 1070 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Hundstad; Hunhoff (Jean); Knudson; Merchant; Nelson; Nesselhuf; Novstrup (Al); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Ahlers; Gant; Gillespie; Heidepriem; Howie; Jerstad; Kloucek; Maher; Miles; Olson (Russell); Peterson

     Excused:
Adelstein

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

     HB 1241: FOR AN ACT ENTITLED, An Act to clarify that certain special education placements are not suspensions or expulsions.

     Was read the second time.

     The question being "Shall HB 1241 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0


     Yeas:
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; Adelstein

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

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

     Was read the second time.

     The question being "Shall HB 1252 pass?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

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

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

     Excused:
Adelstein

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

     HB 1260: FOR AN ACT ENTITLED, An Act to require that a request for proposals be issued for certain state contracts for professional services.

     Was read the second time.

     The question being "Shall HB 1260 pass as amended?"

     And the roll being called:


     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; 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

     Excused:
Adelstein; 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 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 second time.

     The question being "Shall HB 1264 pass as amended?"

     And the roll being called:

     Yeas 8, Nays 25, Excused 2, Absent 0

     Yeas:
Brown; Fryslie; Gant; Garnos; Kloucek; Maher; Nelson; Olson (Russell)

     Nays:
Abdallah; Ahlers; Bartling; Bradford; Dempster; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Gray

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

     HB 1278: FOR AN ACT ENTITLED, An Act to revise certain provisions prohibiting political subdivisions from restricting firearms.

     Was read the second time.

     Sen. Abdallah moved that HB 1278 be laid on the table.

     The question being on Sen. Abdallah's motion that HB 1278 be laid on the table.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Adelstein

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

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

     Was read the second time.

1153ja

     Sen. Jerstad moved that HB 1153 be further amended as follows:

     On page 1, after line 10 of the Senate Judiciary Committee engrossed bill, insert:

    "Section 2. That chapter 22-24 be amended by adding thereto a NEW SECTION to read as follows:

     It is not a defense to the crimes of public indecency as defined in §  22-24-1.1 or indecent exposure as defined in §  22-24-1.2 that the place where the act of exposure occurs is a private place rather than a public place if:

             (1)    The perpetrator and the victim have no interpersonal relationship;

             (2)    The perpetrator has no right to be in the private place where the act of exposure occurs other than the permission, invitation, acquiescence, or sufferance of the property owner or the property owner's agent;

             (3)    The perpetrator and the property owner or property owner's agent have no interpersonal relationship; and
             (4)    The perpetrator and the victim are not related, by blood, marriage, or adoption, within the fourth degree of kinship.

     For the purposes of this section, the term, interpersonal relationship, does not extend to any casual relationship arising primarily out of any business, professional, commercial, service, or similar social interaction."

     Which motion prevailed.

     The question being "Shall HB 1153 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; 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; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Rhoden

     Excused:
Adelstein

     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.

1153jta

     Sen. Jerstad moved that the title to HB 1153 be amended as follows:

     On page 1, line 2, of the Senate Judiciary Committee engrossed bill, after "child" insert "and to broaden the application of the public indecency and indecent exposure statutes".

     Which motion prevailed.

     HB 1176: FOR AN ACT ENTITLED, An Act to revise the earnings requirement for the purpose of receiving unemployment insurance benefits.

     Was read the second time.

     The question being "Shall HB 1176 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Adelstein

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

     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 failed to concur in Senate amendments to HB 1091 and has appointed Reps. Rave, Hunhoff (Bernie), and Lust 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.

     The President announced as such committee Sens. Hunhoff (Jean), Gray, and Miles.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1254 and has appointed Reps. Faehn, Rave, and Hunhoff (Bernie) 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.

     The President announced as such committee Sens. Knudson, Gray, and Heidepriem.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in SCR 8.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS

     SC 24  Introduced by:  Senator Vehle and Representatives Carson and Hamiel

         A LEGISLATIVE COMMEMORATION,  Celebrating the life of Gerhard Storm of Mitchell, South Dakota, on the occasion of his 90th birthday.

     WHEREAS,  Gerhard Storm was born on March 26, 1919, in Douglas County, South Dakota, to Gustav and Caroline Storm and holds much pride in being a life-long resident of South Dakota; and

     WHEREAS,  Gerhard Storm was a member of the 135th Infantry Regiment, a unit of the 34th "Red Bull" Division with Lieutenant General Mark W. Clark's Fifth Army during World War II. Gerhard served in the Army from January 1941 through June 1945 serving as a medic as they battled through North Africa and Italy; and

     WHEREAS,  Gerhard Storm returned home to marry his sweetheart, Lorraine, and they celebrated their sixty-third wedding anniversary on September 12, 2008. Gerhard and Lorraine have six children, sixteen grandchildren, and twelve great-grandchildren, and when the family gathers for special occasions and celebrations there are over fifty (and counting) in attendance; and

     WHEREAS,  Gerhard Storm was a proud and progressive farmer for over thirty years and remains active in his church and community. Over the years Gerhard has driven over a million miles in several countries and states and enjoys activities such as dancing, playing cards, golfing, and bowling. Gerhard is often at the head of his bowling league, and recently, at age 89, bowled a 236:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Gerhard Storm be congratulated on his 90th birthday and commended for the service and support he has given to his country, his community, his church, and his family.

     SC 25  Introduced by:  Senators Kloucek, Abdallah, Bradford, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Hanson (Gary), Heidepriem, Howie, Knudson, Maher, Miles, Nelson, Nesselhuf, Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Kirschman, Blake, Bolin, Brunner, Burg, Carson, Cronin, Curd, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Killer, Kirkeby, Kopp, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Nygaard, Olson (Betty), Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Steele, Street, Thompson, Van Gerpen, Vanderlinde, Vanneman, Verchio, and Wismer

         A LEGISLATIVE COMMEMORATION,  expressing the Legislature's respect and appreciation for the sixteen years of devoted service by Gil Koetzle, the first and only legislator in the history of South Dakota to be term limited out of the House of Representatives and the Senate.

     WHEREAS,  Gil Koetzle faithfully served his state and the people of his district as a member of the South Dakota House of Representatives for eight years, holding the position of Minority Whip from 1993 - 2000. In addition, he served in the South Dakota Senate for eight years, reaching his term limit in 2008; and

     WHEREAS,  Gil Koetzle was a member of the Legislative Research Council Executive Board from 2003 - 2008 and served on the State Tribal Relations Committee from 2003 - 2004; and

     WHEREAS,  Gil Koetzle was known as "the preacher" because of his outstanding speaking ability, as well as "the voice of labor" to his fellow legislators; and

     WHEREAS,  Gil Koetzle is a dedicated husband, father, and grandfather. He and his wife Deb have two children, Jesse and Stephanie, and three grandchildren, Bode, Elizabeth, and Tanner:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the South Dakota Legislature extends its undying respect and gratitude to Gil Koetzle for his commitment to public service in the State of South Dakota as the first and only legislator in the history of the state to be term limited out of both the House of Representatives and the Senate.

SIGNING OF BILLS

     The President publicly read the title to

     SB 8: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

     SB 17: FOR AN ACT ENTITLED, An Act to  revise certain driver licensing provisions.

     SB 21: FOR AN ACT ENTITLED, An Act to  impose a fuel excise tax on ethyl alcohol and methyl alcohol used in motor vehicles on the public roads and highways, to repeal the fuel excise tax on ethanol blends and E85 and M85, and to revise certain provisions regarding the fuel excise tax.

     SB 38: FOR AN ACT ENTITLED, An Act to  require school districts to keep contiguous boundaries when reorganizing.

     SB 53: FOR AN ACT ENTITLED, An Act to  modify the type of financial documents required for a grain buyer's license and to declare an emergency.

     SB 57: FOR AN ACT ENTITLED, An Act to  allow the use of energy efficiency and conservation to count toward the state's renewable and recycled energy objective.

     SB 58: FOR AN ACT ENTITLED, An Act to  require notification regarding the construction of certain wind energy projects.

     SB 59: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the amount of the filing fee for the siting of energy facilities.

     SB 60: FOR AN ACT ENTITLED, An Act to  authorize the Public Utilities Commission to implement and comply with certain federal energy acts.

     SB 62: FOR AN ACT ENTITLED, An Act to  repeal certain provisions regarding the delegation of powers by the Public Utilities Commission.

     SB 64: FOR AN ACT ENTITLED, An Act to  establish certain energy efficiency disclosure requirements for new residential buildings.

     SB 77: FOR AN ACT ENTITLED, An Act to  repeal the maximum number of off-sale alcoholic beverage licenses that may be issued to any person, corporation, or business entity and to establish requirements for physical barriers for certain off-sale alcoholic beverage establishments.

     SB 88: FOR AN ACT ENTITLED, An Act to  rescind the repeal on funding for sparse school districts that will take effect on June 30, 2009.

     SB 91: FOR AN ACT ENTITLED, An Act to  allow any school district, for a period of three years, to expend capital outlay funds for certain transportation costs, for the purchase of property and casualty insurance, and for energy costs, and the cost of utilities.

     SB 96: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the indemnification of employees, officers, and agents of rural electric cooperatives.

     SB 99: FOR AN ACT ENTITLED, An Act to  authorize Supreme Court rules related to the collection of fees, costs, and civil penalties.

     SB 107: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the posting of the penalty for the illegal use of a designated parking space for a person with a physical disability.


     SB 127: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to trust administration.

     SB 129: FOR AN ACT ENTITLED, An Act to  revise certain conditions that must be met before an extension of State Highway 53 in Tripp County is added to the state trunk highway system.

     SB 130: FOR AN ACT ENTITLED, An Act to  require written consent for the issuance of certain disinterment permits.

     SB 132: FOR AN ACT ENTITLED, An Act to  allow resident students that attend school out of state to be counted in the resident school district's average daily membership for the purpose of distributing school and public lands funds.

     SB 136: FOR AN ACT ENTITLED, An Act to  repeal the provision that requires cooperatives to set aside a portion of the net proceeds as an education fund.

     SB 140: FOR AN ACT ENTITLED, An Act to  allow school districts to enter into contractual agreements to provide for the whole-grade sharing of students.

     SB 154: FOR AN ACT ENTITLED, An Act to  require new construction of certain structures and buildings to comply with the building code.

     SB 158: FOR AN ACT ENTITLED, An Act to  provide for the recall of certain officials in third class municipalities.

     SB 173: FOR AN ACT ENTITLED, An Act to  revise the elements of the crimes of vehicular homicide and vehicular battery.

     SB 185: FOR AN ACT ENTITLED, An Act to  revise the graduation requirements for students entering ninth grade in 2010 and thereafter by eliminating the option of the basic high school program.

     SB 190: FOR AN ACT ENTITLED, An Act to  revise certain allocations for disabilities in the state aid for special education formula.

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

     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.

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

     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.


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

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

     HB 1140: FOR AN ACT ENTITLED, An Act to  make an appropriation from the railroad trust fund for the construction of a railroad siding.

     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.

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

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

     And signed the same in the presence of the Senate.

     Sen. Tieszen moved that the Senate do now adjourn, which motion prevailed and at 3:52 p.m. the Senate adjourned.

Trudy Evenstad, Secretary