JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 11, 2009

     The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Dan Varns, 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-sixth 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.
MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 33, 42, 50, 68, 72, 74, 78, 80, 117, 144, 147, 153, and 186 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1018 and 1019 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 70, 108, 143, and 148 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that the Senate do now recess until 9:45 a.m., which motion prevailed and at 9:05 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 10:00 a.m., the President presiding.

MOTIONS AND RESOLUTIONS

    The President removed SB 37 from today's calendar as the House amendments returned the bill to its Senate engrossed version.

     HCR 1018: A CONCURRENT RESOLUTION, Urging increased cooperation and collaboration between state, local, and tribal governments.

     Was read the first time, the President waived the referral to committee, and placed HCR 1018 on the calendar of Thursday, March 12, the 38th legislative day.

     HCR 1019: A CONCURRENT RESOLUTION, Urging South Dakota school districts and the South Dakota High School Activities Association to reexamine travel policies for high school athletic activities.


     Was read the first time, the President waived the referral to committee, and placed HCR 1019 on the calendar of Thursday, March 12, the 38th legislative day.

     Sen. Knudson moved that the Senate do concur in House amendments to SB 4.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 4.

     And the roll being called:

     Yeas 26, Nays 1, Excused 8, Absent 0

     Yeas:
Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Abdallah

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al); Olson (Russell)

     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 SB 36 and 106 be placed on the addendum to today's calendar.

     Which motion prevailed.


     Sen. Adelstein moved that the Senate do concur in House amendments to SB 165.

     The question being on Sen. Adelstein's motion that the Senate do concur in House amendments to SB 165.

     And the roll being called:

     Yeas 26, Nays 0, Excused 9, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Ahlers; Bartling; Brown; Gray; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al); Olson (Russell)

     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 concur in House amendments to SB 184.

     The question being on Sen. Hanson's motion that the Senate do concur in House amendments to SB 184.

     And the roll being called:

     Yeas 26, Nays 0, Excused 9, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Ahlers; Bartling; Brown; Gray; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al); Olson (Russell)

     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.

     SCR 11: A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to authorize the use of higher blends of ethanol in non-flex fuel vehicles.

    Was read the second time.

     Sen. Knudson moved that SCR 11 as found on page 699 of the Senate Journal be adopted.

     The question being on Sen. Knudson's motion that SCR 11 be adopted.

     And the roll being called:

     Yeas 26, Nays 0, Excused 9, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Ahlers; Bartling; Brown; Gray; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al); Olson (Russell)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 11 was adopted.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 70, 90, 105, 108, 143, 148, 159, and 202 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 8, 17, 21, 38, 53, 57, 58, 59, 60, 62, 64, 77, 88, 91, 96, 99, 107, 127, 129, 130, 132, 136, 140, 154, 158, 173, 185, and 190 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., March 11, 2009.

Respectfully submitted,
Bob Gray, Chair

     Sen. Knudson moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 10:19 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 2:11 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 11, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 10, 2009, I approved Senate Bills 1, 5, 18, 39, 47, 48, 52, 89, and 161, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor
March 11, 2009

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

I herewith return Senate Bill 132 with the following recommendations as to STYLE and FORM.

Senate Bill 132 is An Act to allow resident students who 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.

The bill contains a grammatical error which was incorporated in a hoghouse amendment in the Senate Education committee. On page 2, line 1, of the Senate Engrossed version, the comma between "in" and "the" should have been overstruck. This problem can be solved by making the following style and form corrections to the Senate Education Engrossed Bill as follows: On page 2, line 1, of the Senate engrossed bill, delete the comma.

I respectfully request you concur with my recommendations as to style and form.

Respectfully submitted,
M. Michael Rounds
Governor

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 4, 37, 165, and 184 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 SB 115 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 115 be amended as follows:

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

     "Section 1. That § 11-2-28 be amended to read as follows:

     11-2-28.   The plan, ordinances, restrictions, and boundaries adopted pursuant to this chapter may be amended, supplemented, changed, modified, or repealed by action of the board. Any such modification or repeal shall be proposed in a resolution or ordinance, as appropriate, presented to the board for adoption in the same manner and upon the same notice as required for the adoption of the original resolution or ordinance. The amendment, supplement, change, modification, or repeal may be requested through a petition by thirty twenty percent of the landowners in the zoning district or districts requesting change. For purposes of this section, the term, landowner, means any person who owns land in the county as evidenced by records in the offices of the register of deeds and clerk of courts. If land is sold under a contract for deed that is of record in the office of the register of deeds in the county, both the landowner and the individual purchaser of the land, as named in the contract, are treated as landowners. Any charitable, benevolent, or religious society that owns any agricultural land in the county is not a landowner for purposes of this section if the agricultural land is exempt from taxation pursuant to § 10-4-10, but any such society is a landowner for purposes of this section for any of its real property in the county that is not exempt from taxation pursuant to § 10-4-10. "


Respectfully submitted,    Respectfully submitted,
Val Rausch    Russell Olson
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 failed to concur in Senate amendments to HB 1153 and has appointed Reps. Cutler, Lust, and Kirschman 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. Rhoden, Abdallah, and Gillespie.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1070, 1176, and 1260.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has passed HB 1197, the Governor's veto notwithstanding. The veto message of the Governor is found on page 734 of the House Journal.

    We hereby request your favorable consideration in passing HB 1197, the veto of the Governor notwithstanding.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1239.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Knudson moved that SB 72, 80, 117, 153, 36, 50, and 106 be placed to precede SB 33 on today's calendar.

     Which motion prevailed.

     Sen. Gray moved that the Senate do not concur in House amendments to SB 72 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. Gray, Hunhoff (Jean), and Nesselhuf.

     Sen. Knudson moved that the Senate do not concur in House amendments to SB 80 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. Hansen (Tom), Rhoden, and Peterson.

     Sen. Knudson moved that the Senate do not concur in House amendments to SB 117 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. Knudson, Gray, and Heidepriem.

     Sen. Jerstad moved that the Senate do not concur in House amendments to SB 153 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. Dempster, Adelstein, and Jerstad.

     Sen. Hunhoff (Jean) moved that the Senate do concur in House amendments to SB 36.

     The question being on Sen. Hunhoff's motion that the Senate do concur in House amendments to SB 36.

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent 0

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

     Nays:
Ahlers; Gant; Gillespie; Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Peterson


     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. Hunhoff (Jean) moved that the Senate do concur in House amendments to SB 50.

     The question being on Sen. Hunhoff's motion that the Senate do concur in House amendments to SB 50.

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Ahlers; Maher

     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 the Senate do concur in House amendments to SB 106.

     Sen. Brown moved as a substitute motion that the Senate do not concur in House amendments to SB 106 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.

     Sen. Brown requested a roll call vote.

     Which request was supported.

    The question being on Sen. Brown's motion that the Senate do not concur in House amendments to SB 106.

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Gant; Gray; Howie; Jerstad; Kloucek; Maher; Merchant; Nelson; Nesselhuf; Novstrup (Al); Peterson; Schmidt; Turbak Berry

     Nays:
Dempster; Fryslie; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Knudson; Miles; Olson (Russell); Rhoden; Tieszen; Vehle

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and the President announced as such committee Sens. Garnos, Gray, and Maher.

     Sen. Abdallah moved that the Senate do concur in House amendments to SB 33.

     The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 33.

     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. Knudson moved that SB 42 be deferred to Thursday, March 12, the 38th legislative day.

     Which motion prevailed.

     Sen. Dempster moved that the Senate do concur in House amendments to SB 68.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 68.

     And the roll being called:

     Yeas 24, Nays 4, Excused 7, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Knudson; Miles; Nelson; Nesselhuf; Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Kloucek; Maher; Merchant; Peterson

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

     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. Abdallah moved that the Senate do concur in House amendments to SB 74.

     The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 74.

     And the roll being called:

     Yeas 27, Nays 0, Excused 8, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al); Olson (Russell)

     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. Heidepriem moved that the Senate do concur in House amendments to SB 78.

     The question being on Sen. Heidepriem's motion that the Senate do concur in House amendments to SB 78.

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

     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. Gant moved that the Senate do concur in House amendments to SB 144.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 144.

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

     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 the Senate do concur in House amendments to SB 147.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 147.

     And the roll being called:

     Yeas 27, Nays 0, Excused 8, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle


     Excused:
Ahlers; Bartling; Brown; Gray; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

     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. Olson (Russell) moved that the Senate do concur in House amendments to SB 186.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 186.

     And the roll being called:

     Yeas 28, Nays 0, Excused 7, Absent 0

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

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

     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.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Howie moved that the report of the Conference Committee on HB 1239 as found on page 720 of the Senate Journal be adopted.

     The question being on Sen. Howie's motion that the report of the Conference Committee on HB 1239 be adopted.

     And the roll being called:

     Yeas 25, Nays 3, Excused 7, Absent 0

     Yeas:
Abdallah; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry

     Nays:
Adelstein; Tieszen; Vehle

     Excused:
Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Novstrup (Al)

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

     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 1281 and has appointed Reps. Kirkeby, Verchio, 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.

     The President announced as such committee Sens. Vehle, Olson (Russell), and Hanson (Gary).

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1079 and has appointed Reps. Cutler, Turbiville, and Gibson as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

     The President announced as such committee Sens. Vehle, Tieszen, and Turbak Berry.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1237 and has appointed Reps. Tidemann, Putnam, and Burg 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. Haverly, Hunhoff (Jean), and Bartling.


Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1038, 1060, 1072, 1163, 1183, and 1280.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS

     SC 27  Introduced by:  Senators Nelson, Abdallah, Adelstein, Ahlers, Bradford, Brown, Dempster, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Knudson, Miles, Rhoden, Schmidt, and Tieszen and Representatives Turbiville and Romkema

         A LEGISLATIVE COMMEMORATION,  Commending David Adickes of President's Park Sculpture Garden near Lead, South Dakota, for his vision and talent as the designer and creator of the monumental patriotic artworks on permanent display in the Black Hills.

     WHEREAS,  David Adickes is a distinguished and world-renowned artist whose reputation spans the globe with works of art displayed in major art museums across America and throughout the world; and

     WHEREAS,  David Adickes was commissioned in 1989 to create an eight-foot bronze statue of then President George H. W. Bush, which is now on display in the Bush International Airport; and

     WHEREAS,  David Adickes conceived the idea of a park for Presidents in 1996 during a visit to Mt. Rushmore and subsequently chose the northern Black Hills as the home to showcase the twenty foot tall, twenty-five ton busts of all of the Presidents of the United States. One of the cornerstones identified as paramount to the economic vitality of Lead, South Dakota, is the arts:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that David Adickes of President's Park Sculpture Garden near Lead, South Dakota, be commended for his vision and talent as the designer and creator of the park that demonstrates tremendous dedication to the arts, tourism, and patriotism.

     SC 28  Introduced by:  Senators Kloucek, Ahlers, Bartling, Bradford, Fryslie, Garnos, Gray, Heidepriem, Howie, Hunhoff (Jean), Maher, Merchant, Miles, and Novstrup (Al) and Representatives Putnam, Blake, Bolin, Brunner, Burg, Dennert, Dreyer, Elliott, Engels, Feickert, Feinstein, Frerichs, Gibson, Hamiel, Hoffman, Hunhoff (Bernie), Iron Cloud III, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Lange, Lucas, McLaughlin, Moser, Nygaard, Olson (Betty), Romkema, Schrempp, Sly, Solberg, Sorenson, Street, Thompson, and Vanderlinde

         A LEGISLATIVE COMMEMORATION,  Honoring the life and times of Chester Sorensen of Freeman, South Dakota.

     WHEREAS,  Chester Sorensen and his wife Marjorie, who passed away in 2002, are the parents of five children, including Tim, Keith, Sam, David, and Mary Ann; seventeen grandchildren; and sixteen great-grandchildren; and

     WHEREAS,  Chester Sorensen has been the mayor of Freeman for twelve years and served as a member of the city council for eighteen years; and

     WHEREAS,  Chester Sorensen has served on the Mennonite Disaster Service for several years, served on the Selective Service Board for twenty years, was the South Dakota VFW State Commander from 1976-1977, and served as a VFW National Councilman from 1978-1980; and

     WHEREAS,  Chester Sorensen was a baseball umpire for amateur and legion teams for numerous years and was inducted into the South Dakota Umpire Hall of Fame in 1981; and

     WHEREAS,  the first SD "Chester Sorensen Veteran of the Year" recipient was named in 1986; and

     WHEREAS,  Chester Sorensen was the driving force and co-founder, along with Tom Stolp, of the Annual Youth Fishing Derby held each year on the first Saturday in June since 2004; and

     WHEREAS,  Chester Sorensen has owned and operated Sorensen Surge Dairy Equipment, and currently works part time for Broders Harvesting and Trucking of Freeman; and

     WHEREAS,  Chester Sorensen is a friend to all who know him and has dedicated his life to making Freeman and the surrounding area a better place in which to live, raise a family, and retire; and

     WHEREAS,  Chester Sorensen, eighty-four-years old, is a role model exemplifying hard work and strong family values:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the life and times of Chester Sorensen be honored.

     SC 29  Introduced by:  Senators Adelstein, Haverly, Howie, Kloucek, Miles, Novstrup (Al), Schmidt, and Tieszen and Representatives Dreyer, Gosch, Kopp, Lust, McLaughlin, Sly, and Verchio

         A LEGISLATIVE COMMEMORATION,  Honoring Jack Van Der Geest who passed away on March 5, 2009.

     WHEREAS,  Governor Rounds declared March 3, 2009, as "Jack Van Der Geest Day" in South Dakota, commemorating the sixty-fifth anniversary of Jack's escape from Buchenwald Concentration Camp; he was one of only seven who escaped the camp; and
     WHEREAS,  Jack Van Der Geest and his parents were patriots of Free Holland, serving in the underground fight against Nazi Germany. After his escape from Buchenwald Concentration Camp, Jack served in the United States Army and Air Force in both the European Theater and in the Pacific; and

     WHEREAS,  Jack had kept silent about the horror of the concentration camp until he learned of a movement to deny the Shoah (Holocaust) and the murder of six million Jewish men, women, and children. Knowing the truth, he forced himself to break that silence, relive the horror, and write the book Was God on Vacation that has been a best seller all over the world; and

     WHEREAS,  Jack taught about the Holocaust by speaking in schools and universities in all parts of South Dakota and elsewhere, as well as through presentations in venues too numerous to list, thus proving the motto "Those who know only their own generation remain always a child." He continually celebrated, by his forceful personality, love for all peoples of all faiths and the free life of his beloved state and nation:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Legislature offers its condolences to the wife and children of Jack Van Der Geest, a survivor of the Holocaust, and commits itself to honor his memory by strengthening freedom of expression, true equality, and respect for all persons in this state and this nation.

     SC 30  Introduced by:  Senators Hansen (Tom), Heidepriem, Hundstad, Knudson, and Vehle and Representatives Burg, Carson, Dennert, Elliott, Gibson, and Hamiel

         A LEGISLATIVE COMMEMORATION,  Honoring the life of Elsa Marie Winter Siefken of Wessington, South Dakota, on the occasion of her one hundredth birthday.

     WHEREAS,  Elsa M.W. Siefken was a loving wife to her late husband John Gerhard Siefken; is a loving mother to her sons Arlo Siefken of Woonsocket, Loren Siefken of Conde, her late son Merlin Siefken, and her daughter Lise Siefken Krueger of Conde; and a loving sister to her brother Curtis and her late sisters Malinda and Norma; and

     WHEREAS,  Elsa M. W. Siefken has seen a century of South Dakota history. Elsa was born on April 12, 1909, south of Wessington, South Dakota, in Hand County. In 1929, she married her husband and moved to a home south of Lane, South Dakota; and

     WHEREAS,  Elsa M.W. Siefken has lived in the same home south of Lane, South Dakota, since she moved there in 1929:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Elsa Marie Winter Siefken be congratulated on her one hundredth birthday and a life spent in the great state of South Dakota.

     SC 31  Introduced by:  Senator Gillespie and Representative Bolin


         A LEGISLATIVE COMMEMORATION,  Honoring Mark Steck for receiving the 2008 Distinguished Service Award.

     WHEREAS,  each year the South Dakota Division of Parks and Recreation honors one employee who embodies the true mission of the state park system, and State Parks Director Doug Hofer set Mark Steck apart as having set an outstanding example for his peers with his professional commitment to managing state parks and serving the public, along with being well respected by those who work for him, and demonstrating efforts to preserve and improve the natural resources entrusted to his care; and

     WHEREAS,  during his years with the state park system Mark Steck has provided the leadership that resulted in the successful restoration of Spirit Mound Historic Prairie, spearheaded the creation of a lodge at Newton Hills State Park, served as an outstanding mentor to numerous seasonal and permanent employees, provided sound direction for the statewide park ranger training program, ensured the improvement of natural resources in every park he has managed during his career as a park manager including Palisades State Park and Newton Hills State Park, and continues to teach South Dakota's youth good sportsmanship in the area of trapping and management of wildlife; and

     WHEREAS,  Mark Steck's employees received the 2007 Team Award after the Newton Hills Park staff assisted with the restoration of the group lodge at the park; and

     WHEREAS,  Mark Steck, a graduate of the University of South Dakota with a degree in Natural Resources and a Masters in Public Administration, has been a regional park supervisor for thirteen years and has been employed with the state park system for twenty-two years; and

     WHEREAS,  Mark Steck continues serving his community today, whether through his job as park manager at Newton Hills or as an active volunteer in his community. Mark has raised a dedicated family that can attest to these many qualities, including his wife, Sandy, and two sons:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Mark Steck be congratulated for receiving the 2008 Distinguished Service Award.

     SC 32  Introduced by:  Senators Bradford, Abdallah, Adelstein, Ahlers, Bartling, 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, and Vehle and Representatives Van Gerpen, Brunner, Curd, Cutler, Engels, Faehn, Juhnke, Lederman, Lucas, Pitts, and Rounds

         A LEGISLATIVE COMMEMORATION,  Congratulating and honoring Delaney Tyon, the Nastar National Ski Champion.

     WHEREAS,  Delaney Tyon is only six years old, but he has already performed at the world championship level in the sport of skiing by competing in and winning the Nastar National Ski Championship in Steamboat Springs, Colorado, which included participants from Canada and Australia; and

     WHEREAS,  Delaney remains humble about his abilities as a skier, and credits all those around him, including his Grandpa Lou, Derren Derosier, and the Terry Peak Ski School Director for his success; and

     WHEREAS,  Delaney, a member of the Oglala-Sioux Tribe, has gained international recognition for his skills and has received congratulations from many Olympic skiers including Suzy "Chapstick" Chaffee and Billy Kidd:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Delaney Tyon be congratulated and honored for winning the Nastar National Ski Championship and wished every success in his future.

     SC 33  Introduced by:  Senators Bradford, Abdallah, Bartling, Brown, Dempster, Fryslie, Gant, Garnos, Gillespie, Gray, Hansen (Tom), Haverly, Howie, Hundstad, Hunhoff (Jean), Jerstad, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Van Gerpen, Brunner, Engels, Juhnke, Lederman, Lucas, Pitts, and Rounds

         A LEGISLATIVE COMMEMORATION,  Commending and congratulating the Philip High School Lady Scotties Basketball Team for earning a trip to the State Class B Girls' Basketball Tournament for the first time in the school's history.

     WHEREAS,  the Philip High School Lady Scotties BasketballTeam, including Molly Coyle, Emily Schofield, Taylor Holman, Sierra Hook, Kenzy Pinney, Josie Guptill, Kayla O'Connell, Kelsey Hostutler, Marissa Mann, Carissa Doolittle, Mariah Evans, and Tara Ravellette, along with coaches Mike Albrecht and Terry Holman, have earned a trip to the State Class B Girls' Basketball Tournament in Aberdeen on March 12-14, 2009; and

     WHEREAS,  the Lady Scotties, through dedication, commitment, and hard work, have distinguished themselves as the first Lady Scotties Basketball Team to make it to a State Class B Girls' Basketball Tournament in the history of Philip High School:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that the Philip High School Lady Scotties Basketball Team be commended and congratulated on being the first girls' basketball team in their school's history to earn a trip to the State Class B Girls' Basketball Tournament.

     SC 34  Introduced by:  Senators Bradford, Bartling, Brown, Dempster, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Haverly, Howie, Hundstad, Hunhoff (Jean), Jerstad, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Van Gerpen, Brunner, Engels, Juhnke, Lederman, Lucas, Pitts, and Rounds

         A LEGISLATIVE COMMEMORATION,  Congratulating and honoring Jami Fralick, a native of Martin, South Dakota, for his eighth place finish in the Bassmaster Classic.

     WHEREAS,  Jami Fralick finished in eighth place in the Bassmaster Classic, a fishing tournament in which many of the world's best anglers participate; and

     WHEREAS,  Jami has dedicated himself to the sport of bass fishing and has honed his skills to be competitive at a world championship level; and

     WHEREAS,  Jami demonstrated his outstanding skill and competitiveness in the Bassmaster Classic:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Jami Fralick be congratulated on his successful eighth place finish at the Bassmaster Classic and be wished every success in his fishing future.

SIGNING OF BILLS

     The President publicly read the title to

     SB 4: FOR AN ACT ENTITLED, An Act to  provide for additional responsibilities to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force.

     SB 37: FOR AN ACT ENTITLED, An Act to  establish certain immunity for volunteers of the statewide emergency registry of volunteers for South Dakota program.

     SB 70: FOR AN ACT ENTITLED, An Act to  repeal the provision requiring a forty-eight hour waiting period to purchase a pistol.

     SB 90: FOR AN ACT ENTITLED, An Act to  increase the number of varieties of malt beverages, wine, distilled spirits, liqueur, and cordials that an off-sale alcoholic beverage licensee may offer for sampling in one day.

     SB 105: FOR AN ACT ENTITLED, An Act to  require the State Brand Board to provide certain reports and information and to provide for Senate confirmation for Brand Board members.

     SB 108: FOR AN ACT ENTITLED, An Act to  exclude parole agents from concealed weapons permit requirements.

     SB 143: FOR AN ACT ENTITLED, An Act to  require a searchable internet website for the posting and access of certain public records and financial information.

     SB 148: FOR AN ACT ENTITLED, An Act to  permit the cancellation of insurance when a person is no longer a participant in the 24/7 sobriety program.

     SB 159: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding bank names.

     SB 165: FOR AN ACT ENTITLED, An Act to  provide for the authorization of certain private, nonprofit benevolent organizations to assist in funding certain school curricula, activities, and programs.

     SB 184: FOR AN ACT ENTITLED, An Act to  require the terms of certain easements or options to accommodate other easements for wind or essential services.

     SB 202: FOR AN ACT ENTITLED, An Act to  require the Bureau of Administration to prepare a report regarding the energy efficiency of state agencies.

     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.

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

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

     And signed the same in the presence of the Senate.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 12, the 38th legislative day.

     Which motion prevailed.

     Sen. Gant moved that the Senate do now adjourn, which motion prevailed and at 3:12 p.m. the Senate adjourned.

Trudy Evenstad, Secretary