JOURNAL OF THE SENATE

EIGHTIETH SESSION  




ELEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 26, 2005

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

     The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by Senate page Paige Hemmah.

     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 tenth 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,
Lee Schoenbeck, Chair

     Which motion prevailed and the report was adopted.
COMMUNICATIONS AND PETITIONS


March 8, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Richard E. Brown, Minnehaha County, Sioux Falls, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective June 1, 2004, and shall continue until January 10, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Agriculture and Natural Resources.


March 18, 2005

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dick Werner, Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective March 31, 2004, and shall continue until January 1, 2007.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.


March 18, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 41-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Kory Menken, Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective March 31, 2004, and shall continue until January 1, 2007.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.


April 16, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed James C. Roby, Codington County, Watertown, South Dakota, to the Housing Development Authority.

    This appointment is effective immediately, and shall continue until June 3, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.



April 16, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Karl Adam, Hughes County, Pierre, South Dakota, to the Housing Development Authority.

    This appointment is effective June 30, 2004, and shall continue until June 30, 2007.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.

April 19, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Barbara Everist, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

    This appointment is effective June 1, 2004, and shall continue until December 31, 2007.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.


November 24, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Clint Waara, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

    This appointment is effective January 1, 2005, and shall continue until December 31, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.


April 29, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Terry Baloun, Faulk County, Highmore, South Dakota, to the State Board of Regents.

    This appointment is effective immediately, and shall continue until March 31, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.



March 17, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Tom Graham, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 21, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.


March 17, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed D.J. Mertens, Jones County, Murdo, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 20, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.



December 10, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kelly J. Duncan, Union County, Dakota Dunes, South Dakota, to the South Dakota Board of Education.

    This appointment is effective January 1, 2005, and shall continue until December 31, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Education.

June 3, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Tonnis H. Venhuizen, Douglas County, Armour, South Dakota, to the State Board of Regents.

    This appointment is effective July 2, 2004, and shall continue until July 1, 2006.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Education.


January 10, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Harvey C. Jewett, Brown County, Aberdeen, South Dakota, to the State Board of Regents.

    This appointment is effective March 31, 2005, and shall continue until March 31, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Education.

December 10, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dennis Yeaton, Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

    This appointment is effective immediately, and shall continue until January 21, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Transportation.



December 10, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Jerry Prostrollo, Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.

    This appointment is effective immediately, and shall continue until January 21, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Transportation.

December 10, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed George Nikolas, Brown County, Aberdeen, South Dakota, to the South Dakota Railroad Authority.

    This appointment is effective January 17, 2005, and shall continue until January 19, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on Transportation.


HONORED GUESTS


     The President introduced Jensi Kellogg-Andrus, South Dakota's 2005 Teacher of the Year, from Watertown.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  75 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2fc
     On the printed bill, delete everything after the enacting clause and insert:

     "Section 1. That § 10-6-33.24 be amended to read as follows:

     10-6-33.24.   Notwithstanding the provisions of chapter 10-6, agricultural land may be assessed based on its agricultural income value if there are less than fifteen arms-length transactions of agricultural land during the three preceding assessment years . The agricultural income value of agricultural land shall be determined on the basis of the capitalized annual cash rent of the agricultural land. The capitalized annual cash rent shall be based on data collected and analyzed pursuant to § 10-6-33.25. For the purposes of this section, arms-length transactions do not include any agricultural land sales subject to the provisions of § 10-6-33.14, 10-6-33.20, or 10-6-74.

     Section 2. That § 10-6-33.25 be amended to read as follows:

     10-6-33.25.   For the purposes of § 10-6-33.24 , the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the year three years prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of noncropland shall be based on average rents over a three-year period for noncropland under natural conditions. However, no arms-length rental agreements for irrigated land may be used to determine the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at seven and three-fourths percent.

     The secretary of revenue and regulation may enter into a contract for the collection of cash rent information by county. Cash rent information shall be adjusted by soil survey statistics , if available , and pursuant to section 3 of this Act .

     Section 3. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     The director of equalization shall annually determine the assessed value of agricultural land as defined by §  10-6-31.3. Any agricultural land assessed based on its agricultural income value pursuant to §  10-6-32.24 and 10-6-33.25 may be value adjusted by the following factors:

             (1)    The capacity of the land to produce agricultural products; and

             (2)    The location, size, soil survey statistics, terrain, and topographical condition of the land including the climate, accessibility, and surface obstructions which can be documented.

     Section 4. That chapter 10-6 be amended by adding thereto a NEW SECTION to read as follows:

     If the median rent value per acre in an identifiable region within a county deviates by more than ten percent from the county median rent value per acre, the county director of equalization may establish a separate rent value per acre for the land defined by the director of equalization within that identifiable region."

2fd
     On the previously adopted amendment (2fc) delete Section 1.

    On the previously adopted amendment (2fc) in the cross-referenced portion in Section 2, delete " (3) " and insert " (2) ".


2fe
     On the previously adopted amendment (2fc), Section 3, subdivision (1), after "products" insert "as defined in § 10-6-33.2".

2ftb
     On page 1, line 1 of the printed bill, after " assessing " insert "certain".

     On page 1 , delete line 2 .

     On page 1 , line 3, delete " property " .

     And that as so amended said bill do pass.


Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

3fa
     On page 1, line 8 of the printed bill, delete " shall " and insert "may".

     On page 1 , line 9, after " statement " insert ", if filed,".

     On page 2 , line 11, delete " shall " and insert "may".

     On page 2 , line 14, delete everything after " accurate. "

     On page 2 , delete lines 15 and 16 .

     On page 2 , line 17, delete everything before " The " .

     On page 2 , delete lines 19 to 22 , inclusive.

3fta
     On page 1, line 1 of the printed bill, delete " require " and insert "permit".

     And that as so amended said bill do pass.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 26 and 84 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Michael J. McGreevy of Mitchell, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.



Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 81 and HB 1042 and tabled the same.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1007 and 1008 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 Local Government respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill be amended as follows:

86fa
     On page 1 of the printed bill, delete lines 4 to 7 , inclusive, and insert:

    "7-14-9. The coroner may appoint one or more deputies and such deputies each deputy shall receive the same fees and expenses as the coroner, but determined at the discretion of the board of the county commissioners. The deputy coroner may not receive a salary. "


     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be amended as follows:

96ta
     On page 1, after line 7 of the printed bill, insert:

    "Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


96tta
     On page 1, line 2 of the printed bill, after " facilities " insert "and to declare an emergency".

     And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 69 was delivered to his Excellency, the Governor, for his approval at 12:25 p.m., January 26, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SCR 1 in which the House has concurred.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1030, 1031, 1055, 1061, 1070, and 1086 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 2   Introduced by:  Senators Smidt, Gant, and Hanson (Gary) and Representatives Hunhoff, Glenski, and Tidemann

         A CONCURRENT RESOLUTION,  Supporting youth mentoring programs for South Dakota.

     WHEREAS,  January is National Mentoring Month which is a project organized by the Harvard Mentoring Project and MENTOR/National Mentoring Partnership that began in January 2002; and

     WHEREAS,  National Mentoring Month attempts to raise awareness of mentoring in its various forms, recruit individuals to be mentors, and promote the rapid growth of mentoring by recruiting organizations to engage their constituents in mentoring; and

     WHEREAS,  large numbers of our nation's youth face difficult circumstances: one in four live in single-parent homes, one in ten is born to teen-aged parents, one in five lives in poverty, and one in ten will not finish high school; and

     WHEREAS,  mentoring has been shown to combat these problems by matching a caring, responsible adult with a child to provide guidance, stability, confidence, and direction for the child, which can result in improved school attendance and graduation rates and decreasing involvement with substance abuse and violent behavior; and

     WHEREAS,  it is estimated that 17.6 million young people in the United States are in need of mentoring, while a National Mentoring Poll indicates that 57 million American adults would consider mentoring young people, which identifies the need to find methods of matching available mentoring resources with those who would benefit from a mentoring program; and

     WHEREAS,  an expanded mentoring program in South Dakota would be a valuable resource for many of our state's young people and would benefit all of our communities; and

     WHEREAS,  mentoring in South Dakota would be enhanced through the formation of a State Mentoring Partnership for South Dakota and affiliation with the National Mentoring Partnership:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eightieth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature supports and encourages the establishment and enhancement of mentoring programs for the young people of this state; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature supports the formation of a South Dakota State Mentoring Partnership and affiliation of South Dakota mentoring programs with the National Mentoring Partnership.

     Was read the first time.

    The President announced the waiving of the committee referral and placed SCR 2 on the calendar of Thursday, January 27, the 12th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Education on SB 66 as found on page 156 of the Senate Journal ; also

     Commerce on SB 53 as found on page 165 of the Senate Journal ; also

     Commerce on SB 83 as found on page 167 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 116   Introduced by:  Senators Two Bulls, Apa, Dempster, and Olson (Ed) and Representatives Buckingham, Bradford, Dykstra, and Jensen

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the Richard Hagen-Minerva Harvey Scholarship Program.

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

     SB 117   Introduced by:  Senators McNenny, Hansen (Tom), Hundstad, Kloucek, and Lintz and Representatives Jensen, Brunner, Davis, Dykstra, Fryslie, Olson (Ryan), Pederson (Gordon), and Tidemann

       FOR AN ACT ENTITLED, An Act to   provide for the development and implementation of certain animal identification programs to maintain animal health and ensure the safety of the food supply.

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

     SB 118   Introduced by:  Senators Smidt, Bartling, Hanson (Gary), Kelly, Koetzle, and Lintz and Representatives Dennert, Garnos, Glenski, Koistinen, Lange, McLaughlin, Murschel, O'Brien, Roberts, Tidemann, and Turbiville

       FOR AN ACT ENTITLED, An Act to   appropriate money for enhancement of secondary career and technical education.

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

     SB 119   Introduced by:  Senators Adelstein and Napoli and Representative Hennies

       FOR AN ACT ENTITLED, An Act to   provide for a possessory lien in certain constructively abandoned motor vehicles.

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

     SB 120   Introduced by:  Senators Adelstein, Bartling, Dempster, Koetzle, and Two Bulls and Representatives McCoy, Bradford, Pederson (Gordon), Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   revise certain requirements related to the identification of voters.



     Was read the first time and referred to the Committee on Local Government.

     SB 121   Introduced by:  Senators Knudson, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Gray, Hansen (Tom), McCracken, Moore, and Sutton (Dan) and Representatives Rounds, Brunner, Cutler, Dennert, Faehn, Frost, Garnos, Hargens, Hunhoff, Hunt, Lange, Miles, Pederson (Gordon), Rave, Rhoden, Thompson, Weems, and Wick

       FOR AN ACT ENTITLED, An Act to   revise the authority of the Public Utilities Commission to approve the sale or transfer of telecommunications exchanges and to revise the provisions concerning the obligation of telecommunications companies to report consolidations and mergers.

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

     SB 122   Introduced by:  Senators Duenwald, Hansen (Tom), Hanson (Gary), Koskan, Lintz, McNenny, Napoli, and Peterson (Jim) and Representatives Hargens, Bradford, Brunner, Dennert, Hackl, Haley, Haverly, Howie, Jensen, Kroger, Lange, Rhoden, Sigdestad, and Street

       FOR AN ACT ENTITLED, An Act to   restrict the entry of conservation officers onto certain private land without permission.

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

     SB 123   Introduced by:  Senators Kooistra and Gray and Representatives Kroger, Brunner, and McCoy

       FOR AN ACT ENTITLED, An Act to   provide for an order of joint physical care over certain children whose parents exercise joint legal custody.

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

     SB 124   Introduced by:  Senator Schoenbeck and Representative Hargens

       FOR AN ACT ENTITLED, An Act to   clarify certain provisions relating to bank investments in certain annuities.

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

     SB 125   Introduced by:  Senators Bogue, Dempster, and Olson (Ed) and Representatives Rhoden, Dykstra, and Hackl


       FOR AN ACT ENTITLED, An Act to   exempt transfers of funds from certain municipal revenue producing ventures from the calculation of the general fund balance of school districts.

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

     SB 126   Introduced by:  Senator Adelstein and Representative Howie

       FOR AN ACT ENTITLED, An Act to   designate the Tyrannosaurus Rex as the official state dinosaur.

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

     SB 127   Introduced by:  Senator Adelstein and Representatives Hennies, McCoy, and McLaughlin

       FOR AN ACT ENTITLED, An Act to   increase the tax on certain alcoholic beverages and to provide for the distribution of the tax revenue.

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

     SB 128   Introduced by:  Senators McCracken, Adelstein, Dempster, Kelly, Knudson, Moore, and Schoenbeck and Representatives Koistinen, Cutler, Dennert, McLaughlin, Michels, Miles, Novstrup, Van Etten, Weems, and Wick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the assessment and valuation of real property and to lower the general fund levies of school districts.

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

     SB 129   Introduced by:  Senators McCracken, Abdallah, Bartling, Bogue, Broderick, Dempster, Kelly, Knudson, Lintz, McNenny, Moore, Peterson (Jim), Schoenbeck, and Sutton (Dan) and Representatives Krebs, Cutler, Dennert, Frost, Haley, Hunhoff, Miles, Rounds, and Weems

       FOR AN ACT ENTITLED, An Act to   prohibit the display of social security numbers on driver licenses or nondriver identification cards.

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

     SB 130   Introduced by:  Senators Kloucek, Bartling, Hanson (Gary), Peterson (Jim), and Sutton (Duane) and Representatives Lange, Elliott, Glenski, Haley, Jensen, Kroger, Miles, Nelson, Thompson, and Valandra



       FOR AN ACT ENTITLED, An Act to   authorize a renewable electricity and recycled energy credit trading and tracking system.

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

     SB 131   Introduced by:  Senator Kooistra and Representatives Lange and Kroger

       FOR AN ACT ENTITLED, An Act to   provide certain insurance and medicaid coverage for hyperbaric oxygen therapy and related services.

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

     SB 132   Introduced by:  Senators Kooistra and Koskan and Representatives Lange, Bradford, and Kroger

       FOR AN ACT ENTITLED, An Act to   provide for and to regulate the practice of independent midwifery.

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

     SB 133   Introduced by:  Senators Apa, Abdallah, Broderick, Greenfield, Hanson (Gary), Koskan, Moore, Napoli, and Sutton (Dan) and Representatives Wick, Hennies, Hills, Hunhoff, Jerke, Klaudt, Peters, Rhoden, and Turbiville

       FOR AN ACT ENTITLED, An Act to   provide for the payment of past due child support upon recovery of money in a legal proceeding.

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

     SB 134   Introduced by:  Senators Gant, Adelstein, Broderick, Gray, Kooistra, Lintz, McNenny, and Two Bulls and Representatives Willadsen, Dennert, Elliott, Faehn, Garnos, Hennies, Koistinen, Krebs, Roberts, and Street

       FOR AN ACT ENTITLED, An Act to   revise the dates for holding certain elections and filing certain nominating petitions.

     Was read the first time and referred to the Committee on Local Government.

     SB 135   Introduced by:  Senators Duenwald, Bartling, Bogue, Dempster, Gray, Hansen (Tom), Hanson (Gary), Koskan, Lintz, McNenny, Moore, Olson (Ed), Sutton (Dan), and Sutton (Duane) and Representatives Jensen, Brunner, Davis, Dennert, Dykstra, Fryslie, Halverson, Hunt, Lange, Nelson, Pederson (Gordon), Street, Tidemann, and Turbiville



       FOR AN ACT ENTITLED, An Act to   increase the promotional fee on wheat.

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

     SB 136   Introduced by:  Senator Lintz and Representatives Pederson (Gordon) and Howie

       FOR AN ACT ENTITLED, An Act to   provide a procedure for awarding construction project contracts if no bids are received during a competitive bid process.

     Was read the first time and referred to the Committee on Local Government.

     SB 137   Introduced by:  Senators Knudson, Adelstein, McCracken, Nesselhuf, and Sutton (Duane) and Representatives Hunhoff, Bradford, Cutler, Frost, Glenski, Howie, Kraus, Lange, Miles, Rave, Roberts, Thompson, Van Etten, and Weems

       FOR AN ACT ENTITLED, An Act to   allow local units of government to regulate the sales, distribution, and use of tobacco products.

     Was read the first time and referred to the Committee on Local Government.

     SB 138   Introduced by:  Senators Nesselhuf, Abdallah, Bartling, Kelly, Lintz, McCracken, Peterson (Jim), and Sutton (Dan) and Representatives Willadsen, Boomgarden, Cutler, Garnos, Hennies, Jerke, Rounds, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   affect the premiums for persons with guarantee issue health plans.

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

     SB 139   Introduced by:  Senator Nesselhuf and Representative Rounds

       FOR AN ACT ENTITLED, An Act to   establish certain requirements for long-term care insurance policies.

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

     SB 140   Introduced by:  Senators Moore, Bartling, Kooistra, Olson (Ed), and Sutton (Dan) and Representatives Hennies, Elliott, Kroger, McLaughlin, Murschel, Nelson, Pederson (Gordon), Schafer, Sigdestad, Thompson, and Turbiville

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.



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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Bogue requested that SB 79 be removed from the Consent Calendar.

     SB 85:   FOR AN ACT ENTITLED, An Act to   modify certain provisions relating to the charging of employers for the payment of unemployment insurance benefits.

     Was read the second time.

     The question being “Shall SB 85 pass?”

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Napoli

     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 SENATE BILLS AND JOINT RESOLUTIONS


     SB 60:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to child support.

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

60rd
     Sen. Greenfield moved that SB 60 be further amended as follows:

     On page 5, line 5 of the Senate Judiciary Committee engrossed bill, after " days " delete " form " and insert " from ".


     On page 7 , line 11, after " requested " insert ",".

     Which motion prevailed.

     The question being “Shall SB 60 pass as amended?”

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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.

     SB 82:   FOR AN ACT ENTITLED, An Act to   permit a real estate broker to appoint agents within an office to represent separate parties to a real estate transaction.

     Was read the second time.

     The question being “Shall SB 82 pass?”

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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. 5.


REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 37 and 38 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 39 and 56 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas A. Dempster, Chair


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1030:   FOR AN ACT ENTITLED, An Act to   refine the definition of a critical access hospital.

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

     HB 1031:   FOR AN ACT ENTITLED, An Act to   authorize the establishment of a delayed marriage record.

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

     HB 1055:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the payment of settlement expenses to SDDS, Inc., and to declare an emergency.

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

     HB 1061:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the licensing of commercial drivers.

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


     HB 1070:   FOR AN ACT ENTITLED, An Act to   provide for the arrest and detention of certain probationers believed to be in violation of their probation conditions by court service officers or law enforcement officers.

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

     HB 1086:   FOR AN ACT ENTITLED, An Act to   require certain contact information to be provided when being registered to vote by private entities or individuals.

     Was read the first time and referred to the Committee on Local Government.

     Sen. Tom Hansen moved that the Senate do now adjourn, which motion prevailed and at 2:41 p.m. the Senate adjourned.

Patricia Adam, Secretary