JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 15, 2008

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

     The prayer was offered by the Chaplain, Pastor Jack Benjamin, followed by the Pledge of Allegiance led by Senate page Kathleen Seim.

     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 fifth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
HONORED GUESTS

     The President introduced United States Senator John Thune who spoke to the body.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of William Even of Hughes County, Pierre, South Dakota, as Secretary of the Department of Agriculture.

     The question being "Does the Senate advise and consent to the executive appointment of William Even pursuant to the executive message as found on page 52 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Apa

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Brigadier General Steven R. Doohen of Minnehaha County, Hartford, South Dakota, as Secretary of the Department of Military and Veterans Affairs.

     The question being "Does the Senate advise and consent to the executive appointment of Brigadier General Steven R. Doohen pursuant to the executive message as found on page 48 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Apa

     So the question having received an affirmative vote of a majority of the members present, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Brian Zeeb of Brookings County, Brookings, South Dakota, to the South Dakota Council for Interstate Adult Offender Supervision.

     The question being "Does the Senate advise and consent to the executive reappointment of Brian Zeeb pursuant to the executive message as found on page 4 of the Senate Journal?"

     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 question having received an affirmative vote of a majority of the members present, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Seb Axtman of Hughes County, Pierre, South Dakota, to the Career Service Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Seb Axtman pursuant to the executive message as found on page 44 of the Senate Journal?"

     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 question having received an affirmative vote of a majority of the members present, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Tom Leckey of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Tom Leckey pursuant to the executive message as found on page 50 of the Senate Journal?"

     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 question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Susan Brugger of Brookings County, Brookings, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Susan Brugger pursuant to the executive message as found on page 50 of the Senate Journal?"

     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); Turbak Berry; Two Bulls

     Excused:
Sutton

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Douglas Sharp of Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of Douglas Sharp pursuant to the executive message as found on page 49 of the Senate Journal?"

     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); Turbak Berry; Two Bulls

     Excused:
Sutton

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Kyle White of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Kyle White pursuant to the executive message as found on page 46 of the Senate Journal?"

     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); Turbak Berry; Two Bulls


     Excused:
Sutton

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of David DeJabet of Hughes County, Pierre, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

     The question being "Does the Senate advise and consent to the executive reappointment of David DeJabet pursuant to the executive message as found on page 45 of the Senate Journal?"

     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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Theodore Pins of Lake County, Wentworth, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive reappointment of Theodore Pins pursuant to the executive message as found on page 49 of the Senate Journal?"

     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; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Katus

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  10 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 SB 21 and returns the same with the recommendation that said bill be amended as follows:

21cb

    On page 4, between lines 2 and 3 of the printed bill, insert:

    "Section 11. That chapter 13-28A be amended by adding thereto a NEW SECTION to read as follows:

         If a South Dakota school district, or a previously existing South Dakota school district with which the school district reorganized, has an existing contract with a border state school district that the school district wants to continue, and if the school district does not fall below the minimum fall enrollment requirements established in §  13-6-97, the provisions of this chapter do not apply."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SCR  2 and returns the same with the recommendation that said resolution be adopted.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of James Hansen of Hughes County, Pierre, South Dakota, to the State Board of

Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Larry Miller of Lawrence County, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 13 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 12 and 15 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 Transportation respectfully reports that it has had under consideration the nomination of Darin Bergquist of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Transportation 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 Transportation respectfully reports that it has had under consideration the nomination of Daniel Cotton of Union County, Beresford, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Scott Stern of Hutchinson County, Freeman, South Dakota, to the South

Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 20 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  32 and 43 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  30 and 39 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 SB 17 and returns the same with the recommendation that said bill be amended as follows:

17sa

    On page 1, line 7, of the printed bill, overstrike "chapters 47-2 to 47-9, inclusive," and insert " chapter 47-1A ".

    On page 2, line 6, overstrike "chapters 47-2 to 47-9, inclusive," and insert " chapter 47-1A ".

    On page 2, line 12, overstrike "chapters 47-2 to 47-9, inclusive," and insert " chapter 47- 1A ".

    On page 3, line 8, overstrike "chapters 47-2 to 47-9, inclusive," and insert " chapter 47-1A ".

    On page 4, line 12, overstrike "chapters 47-2 to 47-9, inclusive," and insert " chapter 47- 1A ".

    On page 4, line 15, overstrike "chapters 47-2 to 47-9, inclusive," and insert " chapter 47- 1A ".

    And that as so amended said bill do pass.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 6 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Jay Duenwald, Chair

MOTIONS AND RESOLUTIONS

     Yesterday, Sen. Knudson announced his intention to reconsider the vote by which SB 8 lost.

     Sen. Knudson moved that the Senate do now reconsider the vote by which SB 8 lost.

     The question being on Sen. Knudson's motion to reconsider the vote by which SB 8 lost.

     And the roll being called:

     Yeas 14, Nays 19, Excused 2, Absent 0

     Yeas:
Albers; Dempster; Duenwald; Hansen (Tom); Hauge; Heidepriem; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Smidt (Orville); Turbak Berry

     Nays:
Abdallah; Apa; Bartling; Gant; Garnos; Greenfield; Hanson (Gary); Hoerth; Hundstad; Jerstad; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Sutton; Two Bulls


     Excused:
Gray; Katus

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

     SCR 3  Introduced by:  Senators Katus, Hoerth, Hundstad, Jerstad, Kloucek, Koetzle, Maher, Napoli, Schmidt (Dennis), Turbak Berry, and Two Bulls and Representatives Thompson, Ahlers, Feinstein, Kirkeby, Nygaard, Sigdestad, and Street

         A CONCURRENT RESOLUTION,  requesting all state agencies and all local governments which subsidize new business development in the state to require certain benefitting businesses to pay a living wage and to provide adequate health benefits to its employees.

     WHEREAS,  the State of South Dakota and many of its subdivisions of government spend considerable time and effort to attract businesses to this state; and

     WHEREAS,  many new businesses attracted to the state or to a municipality benefit from tax increment financing or other state and local subsidies; and

     WHEREAS,  the citizens of the state do not gain as much as could be expected if these businesses do not offer it employees at least a living wage and adequate health benefits; and

     WHEREAS,  any business attracted to a locality should be willing, at the minimum, to pay its employees the same entry wage and health benefits standards as the governmental entity supporting the new business pays and gives its entry-level employees:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, requests that any state agency, any municipality, or any other unit of government which offers a tax break, a grant, or other subsidy using state and local tax dollars to require any business which employs more than ten employees as a condition of receiving such governmental assistance to pay its employees at least the same wages and to offer its employees health benefits comparable to those the state agency, the municipality, or other unit of government supporting the new business development offers to its entry-level employees.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Local Government on SB 2 as found on page 93 of the Senate Journal ; also

     Local Government on SB 3 as found on page 94 of the Senate Journal ; also


     State Affairs on SB 9 as found on page 95 of the Senate Journal ; also

     State Affairs on SB 59 as found on page 96 of the Senate Journal ; also

     State Affairs on SB 19 as found on page 97 of the Senate Journal ; also

     State Affairs on SB 54 as found on page 97 of the Senate Journal ; also

     Judiciary on SCR 1 as found on page 94 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 78  Introduced by:  Senators Jerstad, Katus, Kloucek, and Peterson (Jim) and Representatives Street, McLaughlin, Nygaard, and Thompson

     FOR AN ACT ENTITLED, An Act to permit voters to register on election day at the polling place.

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

     SB 79  Introduced by:  Senators Jerstad, Maher, and Nesselhuf and Representatives Feinstein, Lucas, Nygaard, and Thompson

     FOR AN ACT ENTITLED, An Act to increase the payments made to school districts with growing enrollments.

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

     SB 80  Introduced by:  Senators Jerstad, Hoerth, Hundstad, Katus, Kloucek, Koetzle, and Peterson (Jim) and Representatives Vehle, Cutler, Lucas, Lust, Nygaard, Rounds, and Thompson

     FOR AN ACT ENTITLED, An Act to restrict the release or use of social security numbers by the state and its political subdivisions unless certain security measures are taken.

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

     SB 81  Introduced by:  Senators Jerstad, Kloucek, Nesselhuf, and Sutton and Representatives Halverson, Cutler, Gassman, Krebs, Lucas, Nygaard, Rounds, and Thompson

     FOR AN ACT ENTITLED, An Act to allow persons to place a security freeze on their credit reports without first being victims of identity theft.

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

     SB 82  Introduced by:  Senators Bartling, Albers, Dempster, Garnos, Gray, Katus, and Peterson (Jim) and Representatives Brunner, Ahlers, Kirkeby, Lucas, Olson (Russell), Rounds, and Weems

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the accumulation of funds by counties for capital outlay purposes.

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

     SB 83  Introduced by:  Senators Turbak Berry, Abdallah, Albers, Greenfield, Heidepriem, Hoerth, Koetzle, McCracken, and Olson (Ed) and Representatives Cutler, Ahlers, Engels, Lust, Novstrup (Al), and Vehle

     FOR AN ACT ENTITLED, An Act to repeal a medical malpractice limitation applicable to minors aged six or over.

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

     SB 84  Introduced by:  Senator Knudson and Representative Cutler

     FOR AN ACT ENTITLED, An Act to revise certain miscellaneous provisions of the trust statutes.

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

     SB 85  Introduced by:  Senator Knudson and Representative Cutler

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the trust business in banks and the trust company business.

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

     SB 86  Introduced by:  Senators Smidt (Orville), Bartling, and Hunhoff and Representatives Glenski, Pitts, and Tidemann

     FOR AN ACT ENTITLED, An Act to prohibit and establish a penalty for hazing.

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


     SB 87  Introduced by:  Senators Gant, Garnos, and Peterson (Jim) and Representatives Steele, Juhnke, and Weems

     FOR AN ACT ENTITLED, An Act to reduce the period of effectiveness for cease and desist orders issued to certain vehicle dealers.

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

     SB 88  Introduced by:  Senators Schmidt (Dennis), Albers, Apa, Duenwald, Gant, Gray, Greenfield, Hansen (Tom), Hauge, Hunhoff, Kloucek, Koetzle, Lintz, Maher, McNenny, Peterson (Jim), Smidt (Orville), and Sutton and Representatives Weems, Boomgarden, Brunner, Davis, DeVries, Dykstra, Hackl, Heineman, Howie, Hunt, Jerke, Juhnke, Koistinen, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Rausch, Rave, Rhoden, Steele, Van Etten, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to require abortion facilities to offer sonograms to pregnant women under certain circumstances.

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

     SB 89  Introduced by:  Senators Katus, Hoerth, Hundstad, Jerstad, Kloucek, Koetzle, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), Sutton, Turbak Berry, and Two Bulls and Representatives Van Norman, Ahlers, Bradford, Davis, Feinstein, Glenski, Kirkeby, Lucas, Nygaard, Pederson (Gordon), Sigdestad, Street, Thompson, Van Etten, and Weems

     FOR AN ACT ENTITLED, An Act to direct the State-Tribal Relations Committee to hold hearings on certain issues related to Native American health care.

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

     SB 90  Introduced by:  Senators Katus, Hanson (Gary), Hoerth, Jerstad, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), and Two Bulls and Representatives Van Norman, Bradford, Kirkeby, Lucas, Nygaard, Sigdestad, and Thompson

     FOR AN ACT ENTITLED, An Act to  provide for voluntary limitations on campaign spending for legislative office.

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

     SB 91  Introduced by:  Senators Katus, Hoerth, Jerstad, Kloucek, Maher, and Two Bulls and Representatives Ahlers, Bradford, Davis, Feinstein, Lucas, Nygaard, Sigdestad, Street, Thompson, and Van Norman

     FOR AN ACT ENTITLED, An Act to establish design and construction standards for newly constructed or renovated state buildings, public school facilities, and higher education facilities.

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

     SB 92  Introduced by:  Senators Knudson, McNenny, and Peterson (Jim) and Representatives Rhoden, Dykstra, and Hargens

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the classification and taxation of real property.

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

     SB 93  Introduced by:  Senators Knudson and Heidepriem and Representatives Lust and Feinstein

     FOR AN ACT ENTITLED, An Act to revise the uniform commercial code.

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

     SB 94  Introduced by:  Senator Koetzle and Representatives Lucas and Elliott

     FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the right to work upon the contingency of repealing the right to work provisions of the Constitution.

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

     SB 95  Introduced by:  Senators Bartling, Albers, Gray, Koetzle, McCracken, Nesselhuf, Olson (Ed), and Turbak Berry and Representatives Dykstra, Cutler, Gillespie, Hargens, Lucas, Rounds, and Weems

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

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

     SB 96  Introduced by:  Senators Bartling, Hanson (Gary), Lintz, and Maher and Representatives DeVries, Brunner, Howie, Juhnke, and Olson (Betty)

     FOR AN ACT ENTITLED, An Act to provide for the issuance of landowner-sponsored big game hunting licenses.

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

     SB 97  Introduced by:  Senators Napoli, Albers, Gant, Gray, Greenfield, Lintz, McCracken, and Smidt (Orville) and Representatives Brunner, Haverly, Olson (Betty), Rave, and Weems

     FOR AN ACT ENTITLED, An Act to require the disclosure of outstanding debts in property condition disclosure statements.

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

     SB 98  Introduced by:  Senators Jerstad, Duenwald, Garnos, and Smidt (Orville) and Representatives Miles, Hunt, and Nelson

     FOR AN ACT ENTITLED, An Act to regulate establishments in the business of providing obscene material.

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

     SJR 2  Introduced by:  Senator Koetzle and Representatives Lucas and Elliott

     A JOINT RESOLUTION, To propose a constitutional amendment to repeal the right to work provisions of the State Constitution.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Heidepriem requested that SB 1 be removed from the Consent Calendar.

    Pursuant to Senate Rule 6-1, the President removed SB 31 from the Consent Calendar.

     SB 5: FOR AN ACT ENTITLED, An Act to revise the requirement that the South Dakota Conservancy District pay interest on its bonds semiannually and to revise certain provisions regarding the district's authority to issue fixed or variable rate bonds.

     Was read the second time.

     The question being "Shall SB 5 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.

     SB 38: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the consideration of assets for the purpose of long-term care eligibility.

     Was read the second time.

     The question being "Shall SB 38 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.

     SB 50: FOR AN ACT ENTITLED, An Act to change the name of the Board of Counselor Examiners.

     Was read the second time.

     The question being "Shall SB 50 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the required reorganization of school districts with low enrollment.

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

23rb

     Sen. Hundstad moved that SB 23 be amended as follows:

    On page 2, after line 6 of the printed bill, insert:

    "Section 2. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

         Whenever any school district is operating under a reorganization plan prepared and implemented by the South Dakota Board of Education, pursuant to §  13-6-97, without being approved by a vote of the local school board or electorate, all costs of operating the school district shall be borne by the state until such time as local control is fully restored to the school district."

     Sen. Heidepriem moved to table the pending amendment and SB 23.

     Sen. Knudson moved as a substitute motion that Sen. Heidepriem's motion be divided.

     Which motion prevailed.

     The question being on Sen. Heidepriem's motion to table Sen. Hundstad's motion to amend SB 23.

     Which motion prevailed.

     The question now being on Sen. Heidepriem's motion that SB 23 be laid on the table.

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent 0

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

     Nays:
Albers; Apa; Dempster; Gant; Gray; Knudson; McCracken; McNenny; Olson (Ed); Smidt (Orville)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 23 was laid on the table.

     Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 3:32 p.m. the Senate adjourned.

Trudy Evenstad, Secretary