JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION




TWENTY-FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 14, 2008

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

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

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-third 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 Transportation respectfully reports that it has had under consideration HB 1255 and returns the same with the recommendation that said bill be amended as follows:

1255ob

     On page 2, line 3, of the House engrossed bill, after "origin" insert "or vehicle title".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1282 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1148 and 1245 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1293 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1288 and returns the same with the recommendation that said bill do pass.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1143 and 1164 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill be amended as follows:

1047ca

     On the House engrossed bill, delete all amendments, thus restoring the bill to its printed version.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1051 and returns the same with the recommendation that said bill be amended as follows:

1051ce

     On page 3, line 15, of the House engrossed bill, delete "December 31, 2007" and insert "July 1, 2008".

     On page 3, line 21, delete "December 31, 2007" and insert "July 1, 2008".

     On page 4, line 2, delete "December 31, 2007" and insert "July 1, 2008".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1291 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair


Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HJR  1001 and HB 1139 and 1210 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1212 and 1213 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1256 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 95 and 131 which have passed the House without change.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1084, 1085, 1087, 1136, 1178, 1179, 1220, 1228, 1233, 1263, 1267, 1279, 1283, 1290, 1302, and 1318 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. McNenny moved that the Committee on State Affairs be instructed to deliver HB1261 to the floor of the Senate, pursuant to Joint Rule 7-7.



     Sen. Greenfield requested a roll call vote.

     Which request was supported.

     The question being on Sen. McNenny's motion that the Committee on State Affairs be instructed to deliver HB 1261 to the floor of the Senate, pursuant to Joint Rule 7-7.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Duenwald; Gant; Garnos; Greenfield; Hauge; Kloucek; Lintz; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis)

     Nays:
Dempster; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     So the motion having received an affirmative vote of one-third of the members-elect, the President declared the motion was supported and the committee was so instructed.

     SCR 9: A CONCURRENT RESOLUTION, Urging the use of market-driven upstream carbon offset programs in the development of regional carbon trading systems.

    Was read the second time.

     Sen. Katus moved that SCR 9 as found on page 396 of the Senate Journal be adopted.

     The question being on Sen. Katus' motion that SCR 9 be adopted.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0

     Yeas:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)


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

     Yesterday, Sen. Knudson announced his intention to reconsider the vote by which HB 1081 lost.

     Sen. Knudson moved that the Senate do now reconsider the vote by which HB 1081 lost.

     The question being on Sen. Knudson's motion to reconsider the vote by which HB 1081 lost.

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Koetzle; Maher; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1081 was up for reconsideration and final passage.

     Sen. Knudson moved that HB 1081 be deferred to Wednesday, February 20th, the 27th legislative day.

     Which motion prevailed.

     Yesterday, Sen. Knudson announced his intention to reconsider the vote by which HB 1082 lost.

     Sen. Knudson moved that the Senate do now reconsider the vote by which HB 1082 lost.

     The question being on Sen. Knudson's motion to reconsider the vote by which HB 1082 lost.

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0


     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Koetzle; Maher; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1082 was up for reconsideration and final passage.

     Sen. Knudson moved that HB 1082 be deferred to Wednesday, February 20, the 27th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEE

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

     Judiciary on HB 1096 as found on page 481 of the Senate Journal ; also

     Judiciary on HB 1099 as found on page 481 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1084: FOR AN ACT ENTITLED, An Act to increase the previously enacted expenditure authority for certain approved construction projects and to declare an emergency.

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

     HB 1085: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of science facilities and laboratories at public universities and to make an appropriation therefor.

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


     HB 1087: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Executive Management, the Department of Game, Fish and Parks, the Department of Transportation, the Department of Education, the Board of Regents, the Department of Human Services, and the Department of Environment and Natural Resources.

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

     HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of business names.

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

     HB 1178: FOR AN ACT ENTITLED, An Act to make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.

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

     HB 1179: FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the state fair.

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

     HB 1220: FOR AN ACT ENTITLED, An Act to make an appropriation to the postsecondary technical institutes for the maintenance and repair of buildings, and to declare an emergency.

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

     HB 1228: FOR AN ACT ENTITLED, An Act to revise certain provisions related to bow hunting methods used by persons who are disabled or physically incapacitated.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1233: FOR AN ACT ENTITLED, An Act to bring transparency to state spending by requiring the Bureau of Finance and Management to create a website making certain state government information available to the public.

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



     HB 1263: FOR AN ACT ENTITLED, An Act to establish a hunter mentoring program, to authorize hunting under certain conditions by persons less than sixteen years of age, and to authorize the Game, Fish and Parks Commission to promulgate rules.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1267: FOR AN ACT ENTITLED, An Act to appropriation for the lease, lease purchase, or financing of two airplanes for transportation at the University of South Dakota and South Dakota State University, and to declare an emergency.

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

     HB 1279: FOR AN ACT ENTITLED, An Act to align math and science education with South Dakota's historic and unique scientific opportunities, to direct the Department of Education to initiate Project Lead the Way, to develop a clearinghouse for certain educational opportunities, and to provide for an independent analysis of the state's content standards, and to make an appropriation therefor.

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

     HB 1283: FOR AN ACT ENTITLED, An Act to revise on-sale alcoholic beverage licenses in municipalities and to declare an emergency.

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

     HB 1290: FOR AN ACT ENTITLED, An Act to exempt certain entities from certain requirements for persons in the business of mortgage lending.

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

     HB 1302: FOR AN ACT ENTITLED, An Act to establish notification requirements for certain relatives of children in the custody of the Department of Social Services.

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

     HB 1318: FOR AN ACT ENTITLED, An Act to provide options for those who elect continuation of health insurance.

     Was read the first time and referred to the Committee on Health and Human Services.



SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Greenfield requested that HB 1090 be removed from the Consent Calendar.

     HB 1015: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Mobridge National Guard Armory to the city of Mobridge.

     Was read the second time.

     The question being "Shall HB 1015 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Apa; Olson (Ed)

     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 1041: FOR AN ACT ENTITLED, An Act to provide a preference for the procurement of biobased products.

     Was read the second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls


     Excused:
Apa; Olson (Ed)

     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 1093: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the custody, service, and earnings of children.

     Was read the second time.

     The question being "Shall HB 1093 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Apa; Olson (Ed)

     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 1203: FOR AN ACT ENTITLED, An Act to provide for the sale or consumption of alcoholic beverages upon property adjoining licensed premises.

     Was read the second time.

     The question being "Shall HB 1203 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls


     Excused:
Apa; Olson (Ed)

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that HB 1069, 1080, and 1083 be deferred to Wednesday, February 20, the 27th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that HB 1250 be deferred to Tuesday, February 19, the 26th legislative day.

     Which motion prevailed.

     HB 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding group life insurance policies.

     Was read the second time.

     The question being "Shall HB 1194 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
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 1058: FOR AN ACT ENTITLED, An Act to increase the maximum amount allowable for the livestock ownership inspection fee.



     Was read the second time.

     The question being "Shall HB 1058 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak Berry; Two Bulls

     Nays:
Apa; Bartling; Jerstad; Katus; Kloucek; Koetzle; Maher

     Excused:
Sutton

     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 1079: FOR AN ACT ENTITLED, An Act to revise the tax credit for certain renewable resource energy systems.

     Was read the second time.

     The question being "Shall HB 1079 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     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 1191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of customized motorcycles at certain events.

     Was read the second time.

     The question being "Shall HB 1191 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     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 1276: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability of property tax and sales tax and to revise the income eligibility requirements for property tax and sales tax refunds.

     Was read the second time.

     The question being "Shall HB 1276 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Excused:
Two Bulls

     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 1241: FOR AN ACT ENTITLED, An Act to provide licensed dealers additional time to deliver a title under certain conditions and to authorize the establishment of a transaction fee for certain online access to the title and registration system.

     Was read the second time.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     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 1240: FOR AN ACT ENTITLED, An Act to increase certain vehicle dealer license fees.

     Was read the second time.

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

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
McNenny

     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.

     HJR 1003: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.



     Was read the second time.

     The question being "Shall HJR 1003 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 10, Excused 1, Absent 0

     Yeas:
Bartling; Dempster; Gant; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Duenwald; Garnos; Gray; Hansen (Tom); Hauge; Kloucek; Knudson; Peterson (Jim)

     Excused:
Apa

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

     HB 1017: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the taxation of products transferred electronically.

     Was read the second time.

     The question being "Shall HB 1017 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Katus; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Hundstad; Jerstad; Maher; Two Bulls

     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 1113: FOR AN ACT ENTITLED, An Act to provide minimum notice requirements to persons who lease real property for their own mobile or manufactured homes.

     Was read the second time.

     The question being "Shall HB 1113 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

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

     HB 1123: FOR AN ACT ENTITLED, An Act to establish a state renewable and recycled energy objective and to provide certain reporting requirements.

     Was read the second time.

     The question being "Shall HB 1123 pass?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Apa; Greenfield; Hansen (Tom); McNenny; Napoli; Schmidt (Dennis)

     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 1247: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the sale of renewable motor fuels by retailers.


     Was read the second time.

     The question being "Shall HB 1247 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

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

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

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1005 and 1006.

Respectfully,
Karen Gerdes, Chief Clerk

     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 95 and 131 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair


SIGNING OF BILLS

     The President publicly read the title to

     SB 95: FOR AN ACT ENTITLED, An Act to  increase certain fees collected by sheriffs for collecting delinquent taxes.

     SB 131: FOR AN ACT ENTITLED, An Act to  provide for the maintenance and safeguarding of voter registration records.

     HB 1044: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the teacher compensation assistance program.

     HB 1067: FOR AN ACT ENTITLED, An Act to  make an appropriation to defray operation costs of the 24/7 sobriety program and to declare an emergency.

     HB 1068: FOR AN ACT ENTITLED, An Act to  authorize the Office of the Attorney General to construct a storage facility in Rapid City, South Dakota, and to make an appropriation therefor.

     HB 1078: FOR AN ACT ENTITLED, An Act to  transfer in the code a section requiring certification for chemical dependency counselors and prevention specialists.

     HB 1092: FOR AN ACT ENTITLED, An Act to  revise certain terminology in the statutes providing for standard child visitation guidelines.

     HB 1111: FOR AN ACT ENTITLED, An Act to  revise the responsibilities of the Corrections Commission and to require an annual report of Corrections Commission activities.

     HB 1112: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the direction, supervision, and registration fees for veterinary technicians.

     HB 1122: FOR AN ACT ENTITLED, An Act to  increase the jurisdictional amount in certain civil actions and small claims proceedings.

     HB 1134: FOR AN ACT ENTITLED, An Act to  revise the compensation of the members of recount boards.

     HB 1137: FOR AN ACT ENTITLED, An Act to  adopt the Model Registered Agents Act.

     HB 1181: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning information related to the assessment of property that is to be provided by the director of equalization.

     And signed the same in the presence of the Senate.


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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1261, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Thomas A. Dempster, Chair

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:00 p.m., Friday, February 15, the 25th legislative day.

     Which motion prevailed.

     Sen. Jerstad moved that the Senate do now adjourn, which motion prevailed and at 3:42 p.m. the Senate adjourned.

Trudy Evenstad, Secretary