JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 10, 2009

     The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Levi Willms, followed by the Pledge of Allegiance led by Senate page Lauren Albers.

     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-fifth 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.
ANNOUNCEMENT

     The President announced Sens. Hunhoff (Jean), Gray, and Nesselhuf as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1091.


COMMUNICATIONS AND PETITIONS

March 10, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 9, 2009, I approved Senate Bill 30, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 4, 36, 37, 106, 165, and 184 which have 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 3, 32, 100, 131, 149, 151, 155, 160, and 164 which have passed the House without change.

Also MR. PRESIDENT:

     I have the honor to return herewith SCR 7 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1240 and 1301.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     SCR 11  Introduced by:  Senators Knudson, Dempster, Hanson (Gary), Heidepriem, and Peterson and Representatives Faehn, Hunhoff (Bernie), Noem, Nygaard, and Rave

         A CONCURRENT RESOLUTION,  Urging the Environmental Protection Agency to authorize the use of higher blends of ethanol in non-flex fuel vehicles.

     WHEREAS,  South Dakota is a leading state in the production of ethanol and the use of ethanol in our vehicles. However, we are approaching an ethanol blend "wall" that will curtail ethanol production in this state, which is why the United States needs an immediate approval of at least an E20 base blend in 2009; and

     WHEREAS,  the United States Environmental Protection Agency has not yet approved the use of ethanol blends in excess of ten percent in non-flex fuel vehicles, even though no federal law prohibits the use of higher ethanol blends in such vehicles. Non-flex fuel vehicles can run safely using ethanol blends of E20, E30, and E40; and

     WHEREAS,  the 2007 federal Energy Bill requires the increased use of ethanol, a requirement that could be addressed through the use of higher ethanol blends, such as E20 and E30, in non-flex fuel vehicles. If the base blend is not increased, there will be no market for cellulosic ethanol; and

     WHEREAS,  numerous studies have shown favorable emissions data through the use of E20 and E30 in comparison with unleaded gasoline. The use of higher blends of ethanol will significantly reduce emissions of nonmethane hydrocarbons and carbon monoxide, and the use of ethanol from corn-based dry mill ethanol plants will result in at least a fifty percent greenhouse gas reduction in comparison with gasoline; and

     WHEREAS,  ethanol is the only liquid fuel alternative to foreign oil. Authorizing the use of higher blends of ethanol in non-flex fuel vehicles will double or triple the use of American- grown ethanol; and

     WHEREAS,  South Dakota will benefit significantly through the increased production of ethanol and related job creation, as well as benefitting South Dakota drivers and fuel consumers through the use of additional ethanol blends at lower cost and through greater fuel efficiency in some vehicles using ethanol blends; and
     WHEREAS,  an increase to E20 will create thousands of green jobs, stimulate domestic investment, and displace 600,000 barrels of foreign oil per day across America. An authorization for E20 will create approximately $1 billion of new economic activity in South Dakota; for every dollar that goes into ethanol production the wealth of the citizens of the state increases by ten cents. Such an increase would create over 5,000 new full-time and part-time jobs, increase the tax base, provide greater consumer choice at the pump, and place South Dakota on the leading edge of the next generation of cellulosic commercialization; and

     WHEREAS,  as this state and nation continue to strive for energy independence, increasing the use of ethanol and other biofuels is one more approach toward self-sufficiency:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eighty- fourth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly supports and urges the prompt authorization and implementation by the United States Environmental Protection Agency and other appropriate federal agencies of the use of higher levels of ethanol blends in non-flex fuel vehicles.

     Was read the first time, the President waived the referral to committee, and placed SCR 11 on the calendar of Wednesday, March 11, the 37th legislative day.

     Sen. Olson (Russell) moved that the Senate do concur in House amendments to SB 90.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 90.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; 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); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

     Excused:
Dempster; Schmidt

     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. Gray moved that the Senate do concur in House amendments to SB 159.

     The question being on Sen. Gray's motion that the Senate do concur in House amendments to SB 159.


     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Dempster; Knudson; Schmidt

     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. Garnos moved that the Senate do concur in House amendments to SB 202.

     The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 202.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Schmidt

     So the 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.

     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 second time.

     Sen. Howie moved that the Senate do concur in HCR 1017 as found on page 654 of the House Journal.

     The question being on Sen. Howie's motion that the Senate do concur in HCR 1017.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Schmidt

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1017 was concurred in.

     SCR 10: A CONCURRENT RESOLUTION,  Supporting legislative efforts in other states addressing the need to provide for equine slaughter and processing in the United States.

    Was read the second time.

     Sen. Kloucek moved that SCR 10 as found on page 681 of the Senate Journal be adopted.

     The question being on Sen. Kloucek's motion that SCR 10 be adopted.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Ahlers; 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); Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

     Nays:
Adelstein; Dempster

     Excused:
Schmidt

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 10 was adopted.


CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Rhoden moved that the report of the Conference Committee on SB 105 as found on page 680 of the Senate Journal be adopted.

     The question being on Sen. Rhoden's motion that the report of the Conference Committee on SB 105 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Heidepriem

     Excused:
Schmidt

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on HB 1038 as found on page 676 of the Senate Journal; also
     Judiciary on HB 1079 as found on page 678 of the Senate Journal ; also

     Appropriations on HB 1183 as found on page 676 of the Senate Journal ; also

     Transportation on HB 1227 as found on page 679 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1007: FOR AN ACT ENTITLED, An Act to increase certain noncommercial and commercial motor vehicle license fees and to increase the fuel excise tax on certain fuel used by motor vehicles.

     Was read the second time.

1007oq

     Sen. Vehle moved that HB 1007 be further amended as follows:

     On page 1, line 9, of the Senate Transportation Committee engrossed bill, delete " forty " and insert " forty-five ".

     On page 1, line 10, delete " fifty-two " and insert " fifty-seven ".

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

     On page 1, line 12, delete " seventy-five " and insert " eighty ".

     On page 2, line 15, delete " sixty-five " and insert " seventy ".

     On page 4, line 3, delete " sixty-two " and insert " fifty-seven ".

     On page 5, delete lines 13 to 15, inclusive, and insert:

    "If any commercial 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, that fee is ninety percent of the fee ordinarily prescribed."


     On page 6, after line 4, insert:

    "Section 9. That section 3 of chapter 54 of the 2008 Session Laws be amended to read as follows:

     Section 3. 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, biodiesel, biodiesel 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;

             (10) (8)     Biodiesel and biodiesel blends-- $.20 $.23 per gallon.

     Section 10. That § 32-38-1 be amended to read as follows:

     32-38-1.   Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is a petty offense and is not a moving traffic offense under the provisions of § 32-12-49.1.

     Section 11. That § 32-38-5 be repealed.

     32-38-5.   Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.

     Section 12. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:

     For the purpose of this chapter, a passenger bus means any self-propelled vehicle used on a highway to transport passengers if the vehicle:

             (1)    Has a gross vehicle weight rating, or gross vehicle weight, of ten thousand one pounds or more, whichever is greater; or

             (2)    Is designed or used to transport more than fifteen passengers, including the driver.

     Section 13. The provisions of §  32-38-1 do not apply to any passenger vehicle operated on private property."


1007oo

     Sen. Heidepriem moved as a substitute motion that HB 1007 be further amended as follows:

     On page 5 of the Senate Transportation Committee engrossed bill, delete lines 16 to 24, inclusive, and insert:

    "Section 8.That § 32-38-1 be amended to read as follows:

     32-38-1.   Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is a petty offense and is not a moving traffic offense under the provisions of § 32-12-49.1.

     Section 9. That § 32-38-5 be repealed.

     32-38-5.   Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.

     Section 10. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:

     For the purpose of this chapter, a passenger bus means any self-propelled vehicle used on a highway to transport passengers if the vehicle:

             (1)    Has a gross vehicle weight rating, or gross vehicle weight, of ten thousand one pounds or more, whichever is greater; or

             (2)    Is designed or used to transport more than fifteen passengers, including the driver.

     Section 11. The provisions of §  32-38-1 do not apply to any passenger vehicle operated on private property."

     On page 6, delete lines 1 to 4, inclusive.

     Sen. Gillespie requested a roll call vote.

     Which request was supported.

     The question being on Sen. Heidepriem's substitute motion that HB 1007 be further amended.

     And the roll being called:

     Yeas 13, Nays 21, Excused 1, Absent 0

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

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

     Excused:
Schmidt

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

1007fi

     Sen. Bartling moved as a substitute motion that HB 1007 be further amended as follows:

     On page 5 of the Senate Transportation Committee engrossed bill, delete lines 16 to 24, inclusive.

     On page 6, delete lines 1 to 4, inclusive.

     Sen. Knudson moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 12:04 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 2:07 p.m., the President presiding.

     Sen. Gray moved that HB 1007 and all pending amendments be laid on the table.

     The question being on Sen. Gray's motion that HB 1007 and all pending amendments be laid on the table.

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0


     Yeas:
Abdallah; Ahlers; Bradford; Brown; Gant; Garnos; Gray; Haverly; Heidepriem; Howie; Hunhoff (Jean); Kloucek; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt

     Nays:
Adelstein; Bartling; Dempster; Fryslie; Gillespie; Hansen (Tom); Hanson (Gary); Hundstad; Jerstad; Knudson; Maher; Nelson; 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.


     HB 1072: FOR AN ACT ENTITLED, An Act to increase the gross receipts tax imposed on visitor-related businesses.

     Was read the second time.

1072fh

     Sen. Maher moved that HB 1072 be further amended as follows:

     On page 1, after line 13 of the Senate Taxation Committee engrossed bill, insert:

    "Section 2. The provisions of section 1 of this Act are repealed on June 30, 2011."


     Which motion prevailed.

     Sen. Dempster moved the previous question.

     Which motion prevailed.

     The question being "Shall HB 1072 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent 0

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

     Nays:
Gant; Gillespie; Gray; Howie; Kloucek; Maher; Miles; Novstrup (Al); Tieszen


     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 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the mortgage lender business and to provide for fees and penalties related thereto.

     Was read the second time.

1060jg

     Sen. Knudson moved that HB 1060 be further amended as follows:

     On the Senate Commerce Committee engrossed bill delete all Senate Commerce Committee amendments thus restoring the bill to the House engrossed version.

     On page 18 of the House engrossed bill, delete lines 14 to 21, inclusive, and insert:

    "Section 27. That chapter 54-14 be amended by adding thereto a NEW SECTION to read as follows:

     Any insurance company lending money for nonresidential mortgage loans, shall apply for, on forms prescribed by the director, and maintain, a mortgage lending license and is subject to the tax as provided in § 54-14-30. Any insurance company required to obtain a license under this section shall become licensed no later than December 31, 2009. The tax required in §  54- 14-30 shall be imposed only on those loans funded after December 31, 2009. The requirement of a surety bond as provided in §  54-14-24 does not apply to an insurance company licensed under this section.

     Any individual solely employed by or solely acting as an intermediary on behalf of an insurance company licensed pursuant to this section is not required to hold an individual license under this chapter. Any individual acting as an intermediary, on behalf of an insurance company licensed as provided in this section, shall be disclosed to the director during the application process and annually thereafter.

     The requirements of registration with the nationwide mortgage licensing system and registry do not apply to any insurance company or its employees or intermediaries licensed pursuant to this section.

     Section 28. That chapter 54-14 be amended by adding thereto a NEW SECTION to read as follows:

     The effective dates of section 7 and 9 of this Act are as follows:

             (1)    July 31, 2010, for any individual other than an individual described in subdivision (2); and
             (2)    December 31, 2010, for any individual licensed as a mortgage loan originator as of July 1, 2009."

     Which motion prevailed.

     The question being "Shall HB 1060 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 1215: FOR AN ACT ENTITLED, An Act to transfer funds from the tax relief fund to the general fund and to revise certain provisions concerning the effective date of the collection allowance.

     Was read the second time.

1215fb

     Sen. Maher moved that HB 1215 be further amended as follows:

     On page 1 of the Senate Taxation Committee engrossed bill, delete lines 12 to 14, inclusive.

     On page 2, delete lines 1 to 6, inclusive.

     Which motion prevailed.

     The question being "Shall HB 1215 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0

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

     Nays:
Ahlers; Nesselhuf; Peterson

     Excused:
Abdallah; Kloucek

     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 1281: FOR AN ACT ENTITLED, An Act to enhance funding for state highways by increasing fees on certain signs, displays, or devices.

     Was read the second time.

     The question being "Shall HB 1281 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0

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

     Nays:
Gant; Garnos; Heidepriem; Howie; Kloucek; Novstrup (Al); Olson (Russell); Peterson

     Excused:
Abdallah

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

     Was read the second time.


     Sen. Knudson moved that HB 1038 be placed to follow HB 1280 on today's calendar.

     Which motion prevailed.

     HB 1079: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sex offender registry.

     Was read the second time.

     The question being "Shall HB 1079 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 1163: FOR AN ACT ENTITLED, An Act to provide for excusing certain elderly persons from jury duty upon request.

     Was read the second time.

     The question being "Shall HB 1163 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
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 1183: FOR AN ACT ENTITLED, An Act to leverage public investments in higher education facilities and grant programs with private moneys, to authorize the Board of Regents and the South Dakota Building Authority to contract for construction of the Higher Education Center-West River, to fund certain postsecondary education grant programs, to authorize the use of higher education facilities funds to construct the new dairy manufacturing plant at South Dakota State University in Brookings, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1183 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Maher

     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 1207: FOR AN ACT ENTITLED, An Act to provide for the reduction of certain sentences upon provision of substantial assistance from the recipient.

     Was read the second time.

     The question being "Shall HB 1207 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 1227: FOR AN ACT ENTITLED, An Act to increase license fees for certain noncommercial motor homes and trailers.

     Was read the second time.

1227ja

     Sen. Merchant moved that HB 1227 be further amended as follows:

     On page 3, after line 5 of the Senate Transportation Committee engrossed bill, insert:

    "Section 3. That § 32-5-6 be amended to read as follows:

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

             (1)      Two thousand pounds or less, inclusive, thirty forty-five dollars;

             (2)      From 2,001 to 4,000 pounds, inclusive, forty-two fifty-seven dollars;

             (3)      From 4,001 to 6,000 pounds, inclusive, fifty-five seventy dollars;

             (4)      Over 6,000 pounds, sixty-five eighty dollars.

     Section 4. That § 32-5-6.3 be amended to read as follows:

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

             (1)      Eight thousand pounds or less, inclusive, fifty-five seventy dollars;

             (2)      For each additional 2,000 pounds or major fraction thereof from 8,001 to 32,000 pounds, inclusive, three dollars;

             (3)      For each additional 2,000 pounds or major fraction thereof from 32,001 to 54,000 pounds, inclusive, six dollars;

             (4)      For each additional 2,000 pounds or major fraction thereof from 54,001 to 80,000 pounds, inclusive, eighteen dollars;

             (5)      For each additional 2,000 pounds or major fraction thereof in excess of 80,000 pounds, twenty-four dollars.

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

     Section 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 fifty-seven 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. ".

     Which motion lost.

     Sen. Rhoden moved that HB 1227 be laid on the table.

     The question being on Sen. Rhoden's motion that HB 1227 be laid on the table.

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent 0

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

     Nays:
Bradford; Gray; Olson (Russell); Turbak Berry

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


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

     Was read the second time.

1237jc

     Sen. Knudson moved that HB 1237 be further amended as follows:

     On page 1, line 4, of the House engrossed bill, delete "six hundred fifty" and insert "one dollar ($1)".

     On page 1, line 5, delete everything before ", or" .
     Which motion prevailed.

     The question being "Shall HB 1237 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

     Yeas:
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; Vehle

     Nays:
Gillespie

     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 1246: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to service of garnishee summons, affidavit, and garnishment disclosure.

     Was read the second time.

    The President Pro Tempore now presiding.

     The question being "Shall HB 1246 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Adelstein; Bradford; Hanson (Gary); Heidepriem; Nesselhuf

     Excused:
Hundstad


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

     Was read the second time.

     The question being "Shall HB 1271 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Abdallah; Gant

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

     Was read the second time.


    The President now presiding.

     The question being "Shall HB 1280 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; 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:
Gant

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

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

     The question being "Shall HB 1038 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

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

     Nays:
Abdallah; Ahlers; Bartling; Gillespie; Heidepriem; Howie; Jerstad; Kloucek; Maher; Miles; Nesselhuf; Olson (Russell); Peterson; Schmidt

     Excused:
Gant

     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. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 32, 55, 100, 126, 131, 149, 151, 155, 160, and 164 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

     There being no objection, the Senate proceeded to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT

     The Conference Committee respectfully reports that it has considered HB 1239 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1239 be amended as follows:

1239og

     On the Senate engrossed bill, on page 3 after line 2 insert:

     "Section 6. No person may arrange, promote, organize, produce, or fight in a professional boxing match, professional mixed martial arts match, or other professional form of mutual physical combat unless the match is supervised by the commission or by a regulatory commission of another state in cooperation with this state or is conducted in compliance with 15 U.S.C. 6301 to 15 U.S.C. 6313, inclusive, as amended and in effect on January 1, 2009. A violation of this section is a Class 1 misdemeanor.
    
     Section 7. The provisions of §  4-8-14 do not apply to the South Dakota Boxing Commission.

     Section 8. This Act is repealed on July 1, 2012."


Respectfully submitted,    Respectfully submitted,
Lance Carson    Gordon Howie
House Committee Chair    Senate Committee Chair

     There being no objection, the Senate proceeded 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 appointed Reps. Rausch, Cronin, and Frerichs 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 on SB 115.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 105.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Wednesday, March 11, the 37th legislative day.

     Which motion prevailed.

COMMEMORATION

     SC 26  Introduced by:  Senators Gray, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Howie, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Rave, Blake, Bolin, 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, 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 Valerie Melmer for her outstanding commitment and service to the South Dakota legislative page program and the youth of South Dakota.
     WHEREAS,  Valerie has faithfully served as the page advisor for the South Dakota Legislature for five years and has approached the job with passion and courage throughout good times and bad; and

     WHEREAS,  Valerie's exceptional performance as page advisor has earned her the utmost respect of the hundreds of pages she has impacted throughout her time working in the Legislature and of the members of the Legislature who served during her tenure; and

     WHEREAS,  when not serving the State of South Dakota as page advisor, Valerie stays active in the community as a member of the Women's Prison Ministry, Women's Book Club, and as an energetic member of her church:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Valerie Melmer be recognized for her five years of exceptional dedication to the legislative page program.

SIGNING OF BILLS

     The President publicly read the title to

     SB 3: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the assessment of agricultural land.

     SB 32: FOR AN ACT ENTITLED, An Act to  increase certain fees related to the use of motor vehicles.

     SB 55: FOR AN ACT ENTITLED, An Act to  revise the requirements regarding the licensing and regulation of grain buyers.

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

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

     SB 131: FOR AN ACT ENTITLED, An Act to  authorize sheriffs to order autopsies.

     SB 149: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the general fund levies of school districts.

     SB 151: FOR AN ACT ENTITLED, An Act to  provide for a special motor vehicle license plate for parents of members of the United States Armed Forces who died while in service of this country.

     SB 155: FOR AN ACT ENTITLED, An Act to  provide for the revision of certain offensive geographic place names.


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

     SB 164: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2009 to fund the South Dakota Opportunity Scholarship.

     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.

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

     HB 1212: FOR AN ACT ENTITLED, An Act to  revise certain requirements of written contract documents for public improvements.

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

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

     And signed the same in the presence of the Senate.

     Sen. Abdallah moved that the Senate do now adjourn, which motion prevailed and at 4:03 p.m. the Senate adjourned.

Trudy Evenstad, Secretary