JOURNAL OF THE HOUSE

EIGHTIETH SESSION  




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
House of Representatives, Pierre
Tuesday, March 1, 2005

     The House convened at 1:00 p.m., pursuant to adjournment, the Speaker presiding.

     The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge of Allegiance led by House page Heather Amdahl.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that the Chief Clerk of the House has had under consideration the House Journal of the thirty-fifth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Matthew Michels, Chair

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


March 1, 2005

The Honorable Matthew J.W. Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I herewith return House Bill 1100 and VETO the same. It is "An Act to exempt swine and cattle semen from sales and use tax." I am vetoing this bill for the same reasons I vetoed House Bill 1181.

There is a significant difference between providing partial tax incentives that will create new tax revenues in South Dakota and providing total tax exemptions that benefit only certain small groups of people.

When I propose tax incentives for new and expanding businesses, such as HB 1261 and HB1262 this year, I propose only partial tax relief and that partial relief is proposed only because it will result in new jobs being created and new taxes being paid if the companies build or expand in South Dakota.

Unfortunately, HB 1100 would provide a total tax exemption for only certain items sold by a small group of people. It will therefore give these people a special benefit that other groups of service providers and commodity sellers don't have.

The total tax exemption in HB 1100 will not cause any great new investments or new jobs in our state and will not create any new, significant increases in other tax revenues. It will simply reduce the amount of revenues available to provide needed services to our students, our elderly, the poor and the sick, and to provide property tax relief.

It also has another effect. When the Legislature gives total tax exemptions to small groups one at a time, it is inviting many more future requests for special exemptions by dozens of small groups of people. Each of these groups sincerely believe they are unique, special and deserving of special treatment that should allow them to avoid paying taxes.

Some proponents of these total tax exemptions on certain items or for an individual small group of taxpayers argue that we collect only a small amount of tax on each item or from each group. However, added together, all of these candidates for special exemptions amount to many millions of dollars. For example, the state collects taxes in thousands of categories of taxpayers. The smallest 438 categories account for over $12 million in state sales taxes and $4.5 million in city sales taxes.

What will the Legislature say when many or most of them come to Pierre over the next few years and ask for a special tax exemption like the one given in HB 1100?



Giving out these special exemptions on certain items or for certain groups every year will reduce our ability to give tax relief to everyone in the future because our broad sales tax base becomes smaller and smaller every time one of these total tax exemptions becomes law.

Giving total tax exemptions to small groups of people also creates a special, privileged class of people who escape the taxes that everyone else is paying.

Total tax exemptions are not good because everyone should pay a little so that everyone else doesn't have to pay a lot. To keep our tax rates low, we must have broad-based and wide-spread application of our sales and use taxes.

South Dakota consistently ranks at or near the bottom in the amount of taxes we take from our residents to fund government services. Our broad-based sales tax system helps keep our taxes per person low. HB 1100 narrows our sales tax base and its passage encourages additional narrowing of our tax base.

Taxes work best when everyone fairly shares the tax burden that provides services to keep our state a great place to live, work and raise a family.

Preserving the existing tax base is also the best way to make sure we have enough revenues to meet our people's needs now and, hopefully, have enough money in the future to provide additional tax reductions for everyone.

In 1995, when the Legislature initiated the first steps of the 30% property tax reduction, sales taxes were broadened and exemptions eliminated so that we would have enough money in future years to continue property tax reductions. Exempting certain items from sales tax and exempting certain groups of people from paying sales taxes makes one wonder, "Is property tax relief still important to the Legislature?"

I believe that maintaining our current property tax reductions and working to provide even more property tax reductions for as many taxpayers as possible in the future are very, very important and respectfully request that you concur with my veto of HB 1100.

Sincerely,
M. Michael Rounds

Cc:    The Honorable Chris Nelson
    The Honorable Dennis Daugaard


March 1, 2005

The Honorable Matthew J.W. Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I herewith return House Bill 1181 and VETO the same. It is "An Act to exempt certain amateur sports officials from sales tax."

There is a significant difference between providing partial tax incentives that will create new tax revenues in South Dakota and providing total tax exemptions that benefit only certain small groups of people.

When I propose tax incentives for new and expanding businesses, such as HB 1261 and HB1262 this year, I propose only partial tax relief and that partial relief is proposed only because it will result in new jobs being created and new taxes being paid if the companies build or expand in South Dakota.

Unfortunately, HB 1181 would provide a total tax exemption for certain amateur sports officials. It will therefore give these people a special benefit that other groups of service providers don't have.

The total tax exemption in HB 1181 will not cause any great new investments or new jobs in our state and will not create any new, significant increases in other tax revenues. It will simply reduce the amount of revenues available to provide needed services to our students, our elderly, the poor and the sick, and to provide property tax relief.

It also has another effect. When the Legislature gives total tax exemptions to small groups one at a time, it is inviting many more future requests for special exemptions by dozens of small groups of people. Each of these groups sincerely believe they are unique, special and deserving of special treatment that should allow them to avoid paying taxes.

Some proponents of these tax exemptions on certain items or for an individual small group of taxpayers argue that we collect only a small amount of tax on each item or from each group. However, added together, all of these candidates for special exemptions amount to many millions of dollars. For example, the state collects taxes in thousands of categories of taxpayers. The smallest 438 categories account for over $12 million in state sales taxes and $4.5 million in city sales taxes.

What will the Legislature say when many or most of them come to Pierre over the next few years and ask for a special tax exemption like the one given in HB 1181?

Giving out these special exemptions on certain items or for certain groups every year will reduce our ability to give tax relief to everyone in the future because our broad sales tax base becomes smaller and smaller every time one of these total tax exemptions becomes law.



Giving total tax exemptions to small groups of people also creates a special, privileged class of people who escape the taxes that everyone else is paying.

Total tax exemptions are not good because everyone should pay a little so that everyone else doesn't have to pay a lot. To keep our tax rates low, we must have broad-based and wide-spread application of our sales and use taxes.

South Dakota consistently ranks at or near the bottom in the amount of taxes we take from our residents to fund government services. Our broad-based sales tax system helps keep our taxes per person low. HB 1181 narrows our sales tax base and its passage encourages additional narrowing of our tax base.

Taxes work best when everyone fairly shares the tax burden that provides services to keep our state a great place to live, work and raise a family.

Preserving the existing tax base is also the best way to make sure we have enough revenues to meet our people's needs now and, hopefully, have enough money in the future to provide additional tax reductions for everyone.

In 1995, when the Legislature initiated the first steps of the 30% property tax reduction, sales taxes were broadened and exemptions eliminated so that we would have enough money in future years to continue property tax reductions. Exempting certain items from sales tax and exempting certain groups of people from paying sales taxes makes one wonder, "Is property tax relief still important to the Legislature?"

I believe that maintaining our current property tax reductions and working to provide even more property tax reductions for as many taxpayers as possible in the future are very, very important and respectfully request that you concur with my veto of HB 1181.

Sincerely,
M. Michael Rounds

Cc:    The Honorable Chris Nelson
    The Honorable Dennis Daugaard

March 1, 2005

The Honorable Matthew J.W. Michels
Speaker of the House
State Capitol
Pierre, SD 57501-5070

Dear Speaker Michels and Members of the House:

I herewith return House Bill 1210 and VETO the same. It is "An Act to exempt certain contract services from sales and use taxes." I am vetoing this bill for the same reasons I vetoed House Bill 1181 and House Bill 1100.



There is a significant difference between providing partial tax incentives that will create new tax revenues in South Dakota and providing total tax exemptions that benefit only certain small groups of people.

When I propose tax incentives for new and expanding businesses, such as HB 1261 and HB1262 this year, I propose only partial tax relief and that partial relief is proposed only because it will result in new jobs being created and new taxes being paid if the companies build or expand in South Dakota.

Unfortunately, HB 1210 would provide a total tax exemption for only certain services sold by a small group of people. It will therefore give these people a special benefit that other groups of service providers and commodity sellers don't have.

The total tax exemption in HB 1210 will not cause any great new investments or new jobs in our state and will not create any new, significant increases in other tax revenues. It will simply reduce the amount of revenues available to provide needed services to our students, our elderly, the poor and the sick, and to provide property tax relief.

It also has another effect. When the Legislature gives total tax exemptions to small groups one at a time, it is inviting many more future requests for special exemptions by dozens of small groups of people. Each of these groups sincerely believes they are unique, special and deserving of special treatment that should allow them to avoid paying taxes.

Some proponents of these total tax exemptions on certain items or for an individual small group of taxpayers argue that we collect only a small amount of tax on each item or from each group. However, added together, all of these candidates for special exemptions amount to many millions of dollars. For example, the state collects taxes in thousands of categories of taxpayers. The smallest 438 categories account for over $12 million in state sales taxes and $4.5 million in city sales taxes.

What will the Legislature say when many or most of them come to Pierre over the next few years and ask for a special tax exemption like the one given in HB 1210?

Giving out these special exemptions on certain items or for certain groups every year will reduce our ability to give tax relief to everyone in the future because our broad sales tax base becomes smaller and smaller every time one of these total tax exemptions becomes law.

Giving total tax exemptions to small groups of people also creates a special, privileged class of people who escape the taxes that everyone else is paying.

Total tax exemptions are not good because everyone should pay a little so that everyone else doesn't have to pay a lot. To keep our tax rates low, we must have broad-based and wide-spread application of our sales and use taxes.

South Dakota consistently ranks at or near the bottom in the amount of taxes we take from our residents to fund government services. Our broad-based sales tax system helps keep our taxes per person low. HB 1210 narrows our sales tax base and its passage encourages additional narrowing of our tax base.



Taxes work best when everyone fairly shares the tax burden that provides services to keep our state a great place to live, work and raise a family.

Preserving the existing tax base is also the best way to make sure we have enough revenues to meet our people's needs now and, hopefully, have enough money in the future to provide additional tax reductions for everyone.

In 1995, when the Legislature initiated the first steps of the 30% property tax reduction, sales taxes were broadened and exemptions eliminated so that we would have enough money in future years to continue property tax reductions. Exempting certain items from sales tax and exempting certain groups of people from paying sales taxes makes one wonder, "Is property tax relief still important to the Legislature?"

I believe that maintaining our current property tax reductions and working to provide even more property tax reductions for as many taxpayers as possible in the future are very, very important and respectfully request that you concur with my veto of HB 1210.

Sincerely,
M. Michael Rounds

Cc:    The Honorable Chris Nelson
    The Honorable Dennis Daugaard

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to return herewith HB 1005, 1025, 1051, 1142, 1158, 1166, 1215, 1245, 1249, and HJR 1001 which have passed the Senate without change.

Also MR. SPEAKER:

    I have the honor to return herewith HB 1042, 1093, 1139, 1152, 1202, 1222, 1233, 1240, and 1248 which have been amended by the Senate and your concurrence in the amendments is respectfully requested.


Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Apa, Bartling, and Earley as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1028.


Also MR. SPEAKER:

    I have the honor to return herewith HCR 1016 in which the Senate has concurred.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has adopted the report of the Conference Committee on SB 96.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has concurred in House amendments to SB 66 and 222.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has failed to concur in House amendments to SB 214 and no committee was appointed.

Respectfully,
Patricia Adam, Secretary

MOTIONS AND RESOLUTIONS


     Rep. Dykstra moved that a committee of three on the part of the House be appointed to meet with a like committee on the part of Senate to adjust the differences between the two houses on SB 214.

     Which motion prevailed and the Speaker appointed as such committee Reps. Dykstra, McCoy, and Hargens.

     Rep. Dykstra moved that the House do concur in Senate amendments to HB 1095.

     The question being on Rep. Dykstra's motion that the House do concur in Senate amendments to HB 1095.

     And the roll being called:

     Yeas 65, Nays 4, Excused 1, Absent 0


     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Faehn; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Buckingham; Elliott; Frost; O'Brien

     Excused:
Garnos

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     Rep. Murschel moved that the House do concur in Senate amendments to HB 1203.

     The question being on Rep. Murschel's motion that the House do concur in Senate amendments to HB 1203.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Valandra

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and the amendments were concurred in.

     HCR 1018:   A CONCURRENT RESOLUTION,   Requesting South Dakota's Congressional delegation and the United States Congress to support federal multi-emission reduction legislation.



     Rep. Hackl moved that HCR 1018 as found on pages 684 to 686 of the House Journal be adopted.

     The question being on Rep. Hackl's motion that HCR 1018 be adopted.

     And the roll being called:

     Yeas 69, Nays 0, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Excused:
Bradford

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1018 was adopted.

     HCR 1019:   A CONCURRENT RESOLUTION,   Setting forth certain legislative policy recommendations to the secretary of the Department of Game, Fish and Parks regarding ongoing efforts to improve communications and to resolve complaints among landowners, sportsmen, and the department.

     Rep. Brunner moved that HCR 1019 as found on pages 686 and 687 of the House Journal be adopted.

     The question being on Rep. Brunner's motion that HCR 1019 be adopted.

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels



     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and HCR 1019 was adopted.

     HCR 1020   Introduced by:  Representatives Lange, Gillespie, Haley, Hargens, Kroger, Miles, Roberts, Sigdestad, Street, Thompson, and Van Norman and Senators Moore, Bartling, Hanson (Gary), Hundstad, Kloucek, Koetzle, Peterson (Jim), Sutton (Dan), and Two Bulls

         A CONCURRENT RESOLUTION,  Urging Congress to submit to the states for ratification a balanced budget amendment to the United States Constitution.

     WHEREAS,  with each passing year this nation becomes deeper in debt as federal government expenditures repeatedly exceed available revenue, so that the federal public debt is now approximately $7.6 trillion, or $25,800 for each man, woman, and child; and

     WHEREAS,  the annual federal budget has risen to unprecedented levels, demonstrating an unwillingness or inability of both the Legislative and Executive branches of federal government to control the federal debt; and

     WHEREAS,  fiscal irresponsibility at the federal level, resulting in a lower standard of living and endangering economic opportunity now and for the next generation, is possibly the greatest threat that faces our nation; and

     WHEREAS,  Thomas Jefferson recognized the importance of a balanced budget when he wrote, "The question whether one generation has the right to bind another by the deficit it imposes is a question of such consequence as to place it among the fundamental principles of government. We should consider ourselves unauthorized to saddle posterity with our debts, and morally bound to pay them ourselves."; and

     WHEREAS,  the principal functions of the United States Constitution include promoting the broadest principles of a government of, by, and for the people; setting forth the most fundamental responsibilities of government; and enumerating and limiting the powers of the government to protect the basic rights of the people; and

     WHEREAS,  the federal government's unlimited ability to borrow involves decisions of such magnitude, with such potentially profound consequences for the nation and its people, today and in the future, that it is an appropriate subject for limitation by the United States Constitution; and

     WHEREAS,  the United States Constitution vests the ultimate responsibility to approve or disapprove of amendments to the United States Constitution with the people of the several states, as represented by their elected legislatures:

     NOW, THEREFORE, BE IT RESOLVED,  by the House of Representatives of the Eightieth Legislature of the State of South Dakota, the Senate concurring therein, that the Legislature of the State of South Dakota requests the members of the Congress of the United States to expeditiously pass, and to propose to the legislatures of the several states for ratification, an amendment to the United States Constitution requiring, in the absence of a national emergency, that the total of all federal appropriations made by the Congress for any fiscal year not exceed the total of all estimated federal revenue for that fiscal year; and

     BE IT FURTHER RESOLVED,  that the Legislatures of each of the several states comprising the United States be urged to apply to the Congress requesting the proposal for ratification of a balanced budget amendment to the United States Constitution.

     Was read the first time and the Speaker waived the committee referral.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Rep. Schafer moved that the report of the Conference Committee on SB 96 as found on page 680 of the House Journal be adopted.

     The question being on Rep. Schafer's motion that the report of the Conference Committee on SB 96 be adopted.

     And the roll being called:

     Yeas 68, Nays 2, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Buckingham; McCoy

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

CONSIDERATION OF REPORTS OF COMMITTEES


     Rep. Rhoden moved that the reports of the Standing Committees on

     Judiciary on SB 67 as found on pages 676 to 678 of the House Journal ; also

     Judiciary on SB 183 as found on pages 678 and 679 of the House Journal ; also


     State Affairs on SB 6 as found on page 679 of the House Journal ; also

     Appropriations on SB 218 as found on pages 679 and 680 of the House Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 144:   FOR AN ACT ENTITLED, An Act to   limit the personal liability of persons in professional corporations and limited liability companies.

     Was read the second time.

     The question being "Shall SB 144 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 58:   FOR AN ACT ENTITLED, An Act to   require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

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

     The question being "Shall SB 58 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0



     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

     Rep. Rhoden moved that SB 72, 185, and 157 be placed to follow SB 218 on today's calendar.

     Which motion prevailed and the bills were so placed.

     SB 197:   FOR AN ACT ENTITLED, An Act to   clarify how certain registered livestock brands held in joint tenancy may be transferred.

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

     The question being "Shall SB 197 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 44, Excused 0, Absent 0

     Yeas:
Brunner; Cutler; Davis; Dennert; Elliott; Fryslie; Garnos; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Hennies; Howie; Jensen; Kroger; Lange; Miles; Pederson (Gordon); Roberts; Schafer; Sigdestad; Street; Thompson; Valandra

     Nays:
Boomgarden; Bradford; Buckingham; Deadrick; Dykstra; Faehn; Frost; Gassman; Hackl; Hanks; Haverly; Heineman; Hills; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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


     SB 98:   FOR AN ACT ENTITLED, An Act to   provide for specific penalties for certain fifth and subsequent offense driving under the influence convictions.

     Was read the second time.

     The question being "Shall SB 98 pass?"

     And the roll being called:

     Yeas 64, Nays 5, Excused 1, Absent 0

     Yeas:
Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Boomgarden; Frost; Haley; Valandra; Van Norman

     Excused:
Dykstra

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

     SB 36:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to accept a gift of property from the South Dakota State University Foundation.

     Was read the second time.

     The question being "Shall SB 36 pass?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0


     Yeas:
Boomgarden; Bradford; Brunner; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Buckingham

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

     SB 220:   FOR AN ACT ENTITLED, An Act to   establish the South Dakota Certified beef program, to create the South Dakota Certified beef fund, and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 220 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

     Rep. Rhoden moved that SB 170 be placed to follow SB 157 on today's calendar.

     Which motion prevailed and the bill was so placed.


     Rep. Rhoden moved that SB 43 be placed to follow SB 210 on today's calendar.

     Which motion prevailed and the bill was so placed.

     SB 35:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a replacement manager's dwelling at the Cottonwood Research Station, to dispose of the existing dwelling on this site, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 70, Nays 0, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

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

     SB 210:   FOR AN ACT ENTITLED, An Act to   revise the conditions under which the state may enter into gaming compacts with Indian tribes.

     Was read the second time.

210ob

     Rep. Deadrick moved that SB 210 be amended as follows:

     On page 1, line 8 of the printed bill, delete " However, such a compact " and insert " If a compact would result in an increase in the amount of gaming activities allowed or a change in the location of the gaming activities, the increase or change ".

     A roll call vote was requested and supported.


     The question being on Rep. Deadrick's motion that SB 210 be amended.

     And the roll being called:

     Yeas 38, Nays 32, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Frost; Hackl; Hanks; Heineman; Hills; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick

     Nays:
Bradford; Dennert; Elliott; Faehn; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Hennies; Jensen; Kroger; Lange; Miles; O'Brien; Pederson (Gordon); Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Valandra; Van Norman; Willadsen; Speaker Michels

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 210 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 47, Excused 0, Absent 0

     Yeas:
Buckingham; Davis; Deadrick; Dykstra; Hackl; Hanks; Heineman; Hills; Howie; Hunt; Klaudt; Koistinen; Kraus; Krebs; Nelson; Novstrup; Olson (Ryan); Rave; Rhoden; Turbiville; Van Etten; Weems; Wick

     Nays:
Boomgarden; Bradford; Brunner; Cutler; Dennert; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Hennies; Hunhoff; Jensen; Jerke; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; O'Brien; Pederson (Gordon); Peters; Putnam; Rausch; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Valandra; Van Norman; Vehle; Willadsen; Speaker Michels

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



     SB 43:   FOR AN ACT ENTITLED, An Act to   revise the South Dakota criminal code.

     Was read the second time.

43jd

     Rep. Van Etten moved that SB 43 be amended as follows:

     On page 3, line 3 of the House Judiciary Committee engrossed bill, after " felony. " insert " However, a violation of subdivision (7) is a Class 2 felony. A second or subsequent violation of subdivision (7) is a Class 1 felony. ".

     A roll call vote was requested and supported.

     The question being on Rep. Van Etten's motion that SB 43 be amended.

     And the roll being called:

     Yeas 24, Nays 46, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Faehn; Frost; Fryslie; Hackl; Hanks; Hunt; Jensen; Jerke; Koistinen; Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Rave; Tornow; Van Etten; Vehle; Weems; Wick; Speaker Michels

     Nays:
Bradford; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Klaudt; Kraus; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Willadsen

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

43fb

     Rep. Rave moved that SB 43 be amended as follows:

     On page 49, line 23 of the House Judiciary Committee engrossed bill, delete " first degree " .

     On page 50 , line 2, delete " first degree " .

     Which motion lost.


     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Glenski; Glover; Haley; Halverson; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Pederson (Gordon); Peters; Putnam; Rausch; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Brunner; Gillespie; Hackl; Hanks; Hargens; Klaudt; O'Brien; Olson (Ryan); Rave

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

     SB 67:   FOR AN ACT ENTITLED, An Act to   revise certain drug and alcohol offenses, driving offenses, and other felonious offenses.

     Was read the second time.

67fa

     Rep. Tornow moved that SB 67 be amended as follows:

     On page 33, line 20 of the House Judiciary Committee engrossed bill, remove the overstrikes from " The sentence imposed for a conviction under this section carries a " .

     On page 33 , remove the overstrikes from lines 21 to 24 , inclusive.

     On page 34 , remove the overstrikes from lines 1 to 5 , inclusive.

     A roll call vote was requested and supported.

     The question being on Rep. Tornow's motion that SB 67 be amended.

     And the roll being called:

     Yeas 25, Nays 45, Excused 0, Absent 0


     Yeas:
Boomgarden; Brunner; Buckingham; Davis; Dykstra; Fryslie; Hackl; Hanks; Hunt; Jensen; Jerke; Koistinen; Krebs; McCoy; Nelson; Novstrup; Olson (Ryan); Pederson (Gordon); Rausch; Schafer; Tornow; Van Etten; Weems; Wick; Speaker Michels

     Nays:
Bradford; Cutler; Deadrick; Dennert; Elliott; Faehn; Frost; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Klaudt; Kraus; Kroger; Lange; McLaughlin; Miles; Murschel; O'Brien; Peters; Putnam; Rave; Rhoden; Roberts; Rounds; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Norman; Vehle; Willadsen

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

     The question being "Shall SB 67 pass as amended?"

     And the roll being called:

     Yeas 58, Nays 12, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Buckingham; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Koistinen; Kraus; Krebs; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Peters; Putnam; Rausch; Rave; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Wick; Willadsen; Speaker Michels

     Nays:
Brunner; Cutler; Davis; Hackl; Hanks; Hargens; Klaudt; Kroger; Olson (Ryan); Pederson (Gordon); Rhoden; Weems

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

     There being no objection, the House reverted to Order of Business No. 6.


REPORTS OF CONFERENCE COMMITTEES


Cc143A

MR. SPEAKER:

     The Conference Committee respectfully reports that it has considered SB 143 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,             Respectfully submitted,
Sean M. O'Brien                    Dan Sutton
House Committee Chair            Senate Committee Chair

MESSAGES FROM THE SENATE


MR. SPEAKER:

    I have the honor to inform your honorable body that the Senate has appointed Sens. Kelly, Peterson, and Tom Hansen as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 214.

Also MR. SPEAKER:

    I have the honor to inform your honorable body that HB 1140 was lost on second reading and final passage.

Respectfully,
Patricia Adam, Secretary

     Rep. Rhoden moved that the House do now recess until 5:00 p.m., which motion prevailed and at 4:11 p.m., the House recessed.

RECESS


     The House reconvened at 5:00 p.m., the Speaker presiding.


MOTIONS AND RESOLUTIONS


     Rep. Rhoden moved that when we adjourn today, we adjourn to convene at 11:30 a.m. on Wednesday, March 2nd, the 37th legislative day.

     Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

     SB 183:   FOR AN ACT ENTITLED, An Act to   provide for the conveyance of certain lands dedicated to public purposes that have become impossible or impractical.

     Was read the second time.

183jb

     Rep. Vehle moved that SB 183 be amended as follows:

     On page 2, line 8 of the House Judiciary Committee engrossed bill, delete " or devisee " and insert ", reversionary interest holder, or devisor".

     Which motion prevailed and SB 183 was so amended.

     The question being "Shall SB 183 pass as amended?"

     And the roll being called:

     Yeas 63, Nays 7, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McLaughlin; Miles; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Deadrick; Hanks; McCoy; Nelson; Rounds; Tornow; Van Norman

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



     SB 6:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the appropriations process.

     Was read the second time.

     The question being "Shall SB 6 pass as amended?"

     And the roll being called:

     Yeas 61, Nays 9, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Schafer; Sebert; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen

     Nays:
Dennert; Haley; O'Brien; Olson (Ryan); Roberts; Rounds; Tidemann; Van Norman; Speaker Michels

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

     SB 218:   FOR AN ACT ENTITLED, An Act to   create the South Dakota Energy Infrastructure Authority, to make an appropriation therefor, and to declare an emergency.

     Was read the second time.

     Rep. Frost moved that SB 218 be laid on the table.

     The question being on Rep. Frost's motion that SB 218 be laid on the table.

     And the roll being called:

     Yeas 67, Nays 3, Excused 0, Absent 0


     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glover; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Van Norman; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Glenski; Hackl; Street

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 218 was tabled.

     SB 72:   FOR AN ACT ENTITLED, An Act to   include legal costs as allowable expenditures from the special education fund.

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

     The question being "Shall SB 72 pass as amended?"

     And the roll being called:

     Yeas 69, Nays 1, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Brunner; Buckingham; Cutler; Davis; Deadrick; Dennert; Dykstra; Elliott; Faehn; Frost; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hanks; Hargens; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; Kroger; Lange; McCoy; McLaughlin; Miles; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Roberts; Rounds; Schafer; Sebert; Sigdestad; Street; Thompson; Tidemann; Tornow; Turbiville; Valandra; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Van Norman

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

     SB 185:   FOR AN ACT ENTITLED, An Act to   revise the calculation of a school district excess general fund balance.

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



     The question being "Shall SB 185 pass?"

     And the roll being called:

     Yeas 33, Nays 37, Excused 0, Absent 0

     Yeas:
Boomgarden; Bradford; Dennert; Elliott; Frost; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Hennies; Hills; Jensen; Kroger; Lange; Miles; Murschel; Novstrup; Olson (Ryan); Pederson (Gordon); Roberts; Sigdestad; Street; Thompson; Tornow; Turbiville; Valandra; Van Norman; Speaker Michels

     Nays:
Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Garnos; Hanks; Haverly; Heineman; Howie; Hunhoff; Hunt; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Nelson; O'Brien; Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Van Etten; Vehle; Weems; Wick; Willadsen

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

     SB 157:   FOR AN ACT ENTITLED, An Act to   increase the per student allocation in the state aid to education formula and to exempt from reversion certain funds appropriated for the state aid to education formula.

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

157cc

     Rep. Dykstra moved that SB 157 be amended as follows:

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

"
     Section 1. The Department of Education is hereby directed to undertake a study of the allocation of state funds to the various public school districts.

     Section 2. The study shall include consideration of the following factors:

             (1)    The allocation of funds to sparse school districts;
             (2)    The redistribution of funds currently allocated through what is commonly called the small school factor;
             (3)    The role of distance or remote education in the delivery of education services;
             (4)    The appropriate minimum size of a secondary school;
             (5)    The method by which to distribute money to account for the decline in the number of elementary and secondary students in the state's public schools; and
             (6)    The possible inclusion of other revenues into the state aid formula.

     Section 3. The study may include participation by members of the public as may be directed by the Governor. The study shall include at least seven current members of the Legislature representing a cross-section of school districts.

     Section 4. The Department of Education shall provide an interim report to the Legislature no later than December 1, 2005. The interim report shall include preliminary findings regarding sparse schools, and a final report shall follow no later than December 1, 2006.

     Section 5. That § 13-13-10.1 be amended to read as follows:

     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition;
             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;
             (2)      "Adjusted average daily membership," calculated as follows:
             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;
             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;
             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;
             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;
             (3a)    "Index factor," is the sum of (a) the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less, plus (b) the declining enrollment percentage. The provisions of this subdivision are effective for fiscal years 2006 and 2007 only;
             (3b)    "Declining enrollment percentage," the greater of (a) zero or (b) the negative of the percentage change in average daily membership from the year prior to the year for which state aid is to be distributed to the estimated average daily membership for the year for which state aid to education is distributed. The provisions of this subdivision are effective for fiscal years 2006 and 2007 only;
             (4)      "Per student allocation," for school fiscal year 2005 2006 is $4,086.56 $4,205.26 . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;
             (4a)    "Adjusted per student allocation," calculated as follows:
             (a)    For districts with an average daily membership of two hundred or less, the per student allocation plus $817.31;
             (b)    For districts with an average daily membership of less than six hundred, but greater than two hundred:
             (i)    Raise the average daily membership to the 0.8293, multiply the results by 12,177.9488 then divide by the average daily membership;
             (ii)    Subtract 4086.56 from the results of (i) and add the per student allocation;
             (c)    For districts with an average daily membership of six hundred or more, multiply 1.0 times the per student allocation.
             (5)      "Local need," the adjusted per student allocation multiplied by the adjusted average daily membership;
             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;
             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;
             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;
             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;
             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;
             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;
             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, inclusive; and any revenue in the general fund set aside for a noninsurable judgment ;
             (13)    "Sparse district," a district which meets all of the following requirements:
             (a)    Average daily membership of less than six hundred;
             (b)    Area of more than five hundred square miles;
             (c)    Nearest high school attendance center of no less than fifteen miles;
             (d)    Average daily membership per square mile of 0.6 or less .


     Section 6. That § 13-13-73 be amended to read as follows:

     13-13-73.   The secretary of the Department of Education shall compute state aid to education for each school district under the foundation program according to the following calculations:

             (1)      Determine each school district's average daily membership;
             (2)      Multiply the adjusted per student allocation by the adjusted average daily membership to arrive at the local need per district;
             (3)      State aid is (a) local need minus local effort, or (b) zero if the calculation in (a) is a negative number;
             (4)      If the state aid appropriation for the general support of education is in excess of the entitlement provided for in this section, the excess shall be used to fund any shortfall of the appropriation as provided for in §§ 13-37-36.3 and 13-37-43. The secretary shall report to the Governor by January seventh of each year, the amount of state aid necessary to fully fund the general aid formula in the current year. If a shortfall in the state aid appropriation for general education exists that cannot be covered by § 13- 37-45, the Governor shall inform the Legislature and provide a proposal to eliminate the shortfall.

     Section 7. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     Any money appropriated for state aid to general education not expended or obligated pursuant to this chapter is not subject to reversion pursuant to §  4-8-19 and shall be reappropriated for state aid to general education."

157cb

     Rep. Hargens moved as a substitute motion that SB 157 be amended as follows:

     On page 3, after line 24 of the House Education Committee engrossed bill, insert "If any money is reappropriated for state aid to general education pursuant to this section, the percentage of that money attributable to local effort based upon the percentage of total school funding that local effort contributed during the previous fiscal year, shall be returned to the school districts in the form of a lump sum payment to each school district based on the district's adjusted average daily membership pursuant to 13-13-10.1 (2). ".

     Rep. Rhoden moved that Rep. Hargens' substitute motion to amend SB 157 be laid on the table.

     A roll call vote was requested and supported.

     The question being on Rep. Rhoden's motion that Rep. Hargens' substitute motion to amend SB 157 be laid on the table.



     And the roll being called:

     Yeas 50, Nays 19, Excused 1, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Nelson; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Willadsen; Speaker Michels

     Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Kroger; Lange; Miles; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

     Excused:
Wick

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Hargens' substitute motion to amend SB 157 was tabled.

     The question being on Rep. Dykstra's motion that SB 157 be amended.

     Which motion prevailed and SB 157 was so amended.

157xa

     Rep. Hargens moved that SB 157 be further amended as follows:

     On page 1 of the House Education Committee engrossed bill, delete line 4 .

     Rep. Rhoden moved that Rep. Hargens' motion to further amend SB 157 be laid on the table.

     A roll call vote was requested and supported.

     The question being on Rep. Rhoden's motion that Rep. Hargens' motion to further amend SB 157 be laid on the table.

     And the roll being called:


     Yeas 48, Nays 22, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Garnos; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Jerke; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Pederson (Gordon); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Schafer; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Dennert; Elliott; Fryslie; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Kroger; Lange; Miles; Nelson; Roberts; Sigdestad; Street; Thompson; Valandra; Van Norman

     So the motion having received an affirmative vote of a majority of the members present, the Speaker declared the motion carried and Rep. Hargens' motion to further amend SB 157 was tabled.

     Rep. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 157 pass as amended?"

     And the roll being called:

     Yeas 39, Nays 31, Excused 0, Absent 0

     Yeas:
Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jerke; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Peters; Rausch; Rave; Rhoden; Rounds; Schafer; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Boomgarden; Bradford; Dennert; Elliott; Fryslie; Garnos; Gassman; Gillespie; Glenski; Glover; Hackl; Haley; Halverson; Hargens; Jensen; Klaudt; Koistinen; Kroger; Lange; Miles; Nelson; Olson (Ryan); Pederson (Gordon); Putnam; Roberts; Sebert; Sigdestad; Street; Thompson; Valandra; Van Norman

     So the bill having received an affirmative vote of a majority of the members-elect, the Speaker declared the bill passed.

     The question being on the title.


     Rep. Dykstra moved that the title to SB 157 be amended as follows:

     On page 1, line 2 of the House Education Committee engrossed bill, after " formula " insert ", to revise the calculation of state aid to education, to direct the Department of Education to undertake a study of school funding, ".

     Which motion prevailed and the title was so amended.

     SB 170:   FOR AN ACT ENTITLED, An Act to   revise the index factor for determining the per student allocation for school districts.

     Was read the second time.

     Rep. Rhoden moved that SB 170 be laid on the table.

     The question being on Rep. Rhoden's motion that SB 170 be laid on the table.

     And the roll being called:

     Yeas 47, Nays 23, Excused 0, Absent 0

     Yeas:
Boomgarden; Brunner; Buckingham; Cutler; Davis; Deadrick; Dykstra; Faehn; Frost; Fryslie; Garnos; Hackl; Hanks; Haverly; Heineman; Hennies; Hills; Howie; Hunhoff; Hunt; Jensen; Klaudt; Koistinen; Kraus; Krebs; McCoy; McLaughlin; Murschel; Novstrup; O'Brien; Olson (Ryan); Peters; Putnam; Rausch; Rave; Rhoden; Rounds; Sebert; Tidemann; Tornow; Turbiville; Van Etten; Vehle; Weems; Wick; Willadsen; Speaker Michels

     Nays:
Bradford; Dennert; Elliott; Gassman; Gillespie; Glenski; Glover; Haley; Halverson; Hargens; Jerke; Kroger; Lange; Miles; Nelson; Pederson (Gordon); Roberts; Schafer; Sigdestad; Street; Thompson; Valandra; Van Norman

     So the motion having received an affirmative vote of a majority of the members-elect, the Speaker declared the motion carried and SB 170 was tabled.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1018, 1049, 1052, 1053, 1056, 1150, 1214, and 1234 were delivered to his Excellency, the Governor, for his approval at 10:55 a.m., March 1, 2005.



Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1118, 1154, 1160, 1194, and 1244 were delivered to his Excellency, the Governor, for his approval at 12:30 p.m., March 1, 2005.


Also MR. SPEAKER:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared HB 1005, 1025, 1051, 1095, 1142, 1158, 1166, 1203, 1215, 1245, 1249, and HJR 1001 and finds the same correctly enrolled.

Respectfully submitted,
Matthew Michels, Chair

SIGNING OF BILLS


     The Speaker publicly read the title to

     HB 1005: FOR AN ACT ENTITLED, An Act to  provide for the deposit and appropriation of certain federal reimbursements.

     HB 1025: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and the School for the Deaf, to make appropriations therefor, and to repeal certain previous capital project authorizations.

     HB 1051: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of fish hatchery facilities and infrastructure at Blue Dog State Fish Hatchery at Blue Dog Lake, Cleghorn State Fish Hatchery at Rapid City, and McNenny Fish Hatchery at Spearfish for the Department of Game, Fish and Parks.

     HB 1095: FOR AN ACT ENTITLED, An Act to  provide for a drug screening program for certain facilities providing patient or resident care or supervision.

     HB 1142: FOR AN ACT ENTITLED, An Act to  provide sales and use tax refunds to certain fabricators.

     HB 1158: FOR AN ACT ENTITLED, An Act to  appropriate funds to provide cochlear implants to certain children.

     HB 1166: FOR AN ACT ENTITLED, An Act to  establish certain legislative findings pertaining to the health and rights of women, to revise the physician disclosure requirements to be made to a woman contemplating submitting to an abortion, and to provide for certain causes of action for professional negligence if an abortion is performed without informed consent.

     HB 1203: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the distribution of the tax imposed on financial institutions.

     HB 1215: FOR AN ACT ENTITLED, An Act to  make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, and to declare an emergency.

     HB 1245: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the use of automated external defibrillators.

     HB 1249: FOR AN ACT ENTITLED, An Act to  prohibit the performance of abortions, except to save the life of the mother, and to provide a penalty therefor and to provide for a delayed effective date.

     HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XXI of the Constitution of the State of South Dakota, relating to the definition of marriage.

     SB 2: FOR AN ACT ENTITLED, An Act to  revise the procedure for assessing certain agricultural property.

     SB 53: FOR AN ACT ENTITLED, An Act to  provide for adequate access to health care provider networks.

     SB 66: FOR AN ACT ENTITLED, An Act to  provide certain options to school boards in reorganization and to declare an emergency.

     SB 114: FOR AN ACT ENTITLED, An Act to  establish a refundable checkoff on pulse crops.

     SB 125: 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.

     SB 154: FOR AN ACT ENTITLED, An Act to  exempt certain entities from the lending license fees and surety bond requirements and bank franchise taxes.

     SB 175: FOR AN ACT ENTITLED, An Act to  provide for the removal of certain noncommercial motor vehicle license plates from a motor vehicle if the ownership of the vehicle is transferred and to make an appropriation to provide for the administration thereof.

     SB 188: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2005 for education enhancement.


     SB 216: FOR AN ACT ENTITLED, An Act to  enumerate the circumstances under which prairie dogs are to be considered pests.

     SB 217: FOR AN ACT ENTITLED, An Act to  revise certain cross references in the code with regard to the implementation of the South Dakota Business Corporation Act and to provide for an exception to the repealers.

     SB 222: FOR AN ACT ENTITLED, An Act to  provide for the appropriation and distribution of the excise tax on the gross receipts of personal communications system, wireless, and cellular companies, to retroactively apply the appropriations and distribution of the excise tax, and to declare an emergency.

     And signed the same in the presence of the House.

REPORTS OF STANDING COMMITTEES


MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HB 1005, 1025, 1051, 1142, 1158, 1166, 1215, 1245, and 1249 were delivered to his Excellency, the Governor, for his approval at 3:15 p.m., March 1, 2005.


Also MR. SPEAKER:

     The Committee on Legislative Procedure respectfully reports that HJR 1001 was delivered to his Excellency, the Secretary of State, for filing at 3:15 p.m., March 1, 2005.

Respectfully submitted,
Matthew Michels, Chair

COMMEMORATIONS


     HC 1028   Introduced by:  The Members of the Eightieth Legislative Session

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Dr. Daniel Heinemann for his dedicated service to the Canton-Inwood Memorial Hospital, the surrounding communities, and the medical profession.

     WHEREAS,  Dr. Heinemann received his medical degree from the University of South Dakota School of Medicine in 1981 and thereafter began practicing medicine as a family physician in South Dakota, dedicating his time, wisdom, and talent to the medical profession by providing care to his patients, sacrificing his time to be on call, and assisting in the emergency room, in the delivery room, and with the admittance of patients; and

     WHEREAS,  Dr. Heinemann was recognized with the Distinguished Faculty Department of Family Medicine award in 1990, the South Dakota Family Doctor of the Year in 2001, and the Outstanding Young Physician by the South Dakota Medical Association in 2002, and enhanced his abilities as a medical doctor with his status of Board Certification, Fellowships, Hospital Affiliations, and Society Memberships; and

     WHEREAS,  Dr. Heinemann's professional service includes service as a Board of Director of the American Academy of Family Physicians; Board of Director of the South Dakota Academy of Family Physicians; Past President, Delegate, and Alternate Delegate for the South Dakota Academy of Family Physicians; secretary of the South Dakota Medical Directors Association; member of the Commission on Legislation and Governmental Affairs of the AAFP, and completion of the Fundamentals of Management for Family Physicians; and

     WHEREAS,  Dr. Heinemann's services extend to the entire community by his active participation in the communities he serves, including President of the Canton Chamber of Commerce, President of the Canton Community Development Corporation, President and Rotarian in the Canton Rotary Club, Cubmaster of Cub Scout Pack 60, Committee Chairman of Boy Scout Troop 60, Canton Library Foundation, and Canton High School Building Committee, culminating in his recognition as Canton Citizen of the Year in 1991; and

     WHEREAS,  Dr. Heinemann is the devoted husband of Catherine Heinemann and father of three children, Jamie, John, and Matthew:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Dr. Daniel Heinemann is honored for his tireless and dedicated service to the Canton-Inwood Memorial Hospital, the surrounding communities, and the medical profession.

     HC 1029   Introduced by:  Representatives Miles, Cutler, Glenski, Heineman, Hunt, Krebs, Murschel, Peters, Roberts, Thompson, Tornow, Weems, Wick, and Willadsen and Senators Koetzle, Abdallah, Dempster, Earley, Gant, Kelly, and Knudson

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 2004-2005 O'Gorman Knights gymnastics team for their fourth straight title in the Class AA Gymnastics State Tournament.
                                                    
     WHEREAS,  the O'Gorman High School gymnastics team demonstrated excellence in performance and perseverance by completing the competition with their state record breaking score of 152.449; and

     WHEREAS,  the O'Gorman High School gymnastics team has proven to have outstanding athletes and students and the staff and students provide great support and school spirit; and

     WHEREAS,  the O'Gorman High School gymnastics team has an excellent coaching staff and coach, Lana Bauer, and senior team members, Alex Hughes, Mallory Peck, Tiffany Rolfing, and Danielle Goetz provided superior leadership:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the O'Gorman High School Class AA gymnastics team be commemorated for their excellence in athletics and academics for the 2004-2005 school year.

     HC 1030   Introduced by:  Representatives Van Norman, Bradford, Davis, Deadrick, Garnos, Gassman, Glover, Haley, McCoy, Putnam, Rave, Rounds, Thompson, Turbiville, and Valandra and Senators Adelstein, Bartling, Dempster, Gray, and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Honoring the Institute of American Indian Studies at the University of South Dakota and the Center for American Indian Studies at Black Hills State University.
                                            
     WHEREAS,  the South Dakota Board of Regents in 1955 authorized the creation of the Institute of Indian Studies at the University of South Dakota, later known as the Institute of American Indian Studies, to conduct research and provide services for Native Americans in South Dakota; and

     WHEREAS,  the South Dakota Legislature in 1974 recognized and authorized the operation of the Institute of American Indian Studies at the University of South Dakota and the Center for American Indian Studies at Black Hills State University in SDCL 13-57-3.2 and 13-59-2.1 for the purposes of providing educational opportunities for Native American students and providing the opportunity to study the history, culture, and language of the native people of North America and South Dakota; and

     WHEREAS,  the Institute for American Indian Studies at USD and the Center for American Indian Studies at BHSU over the last fifty years have made significant and outstanding research and academic contributions in the areas of awareness of Native American culture, history, and contemporary issues; advising, mentoring, and retention of Native American students; strengthening relations with tribes, tribal colleges, and other institutions in the region; and conducting scholarly research, including operation and maintenance of the South Dakota Oral History Center and the Dr. Joseph Harper Cash Memorial Library:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the Institute of American Indian Studies at the University of South Dakota and the Center for American Indian Studies at Black Hills State University are to be honored and commended for their outstanding scholarly contributions and service over the last fifty years to their institutions, to South Dakota's Native American community, and to the state of South Dakota as a whole.

     HC 1031   Introduced by:  Representatives Hargens, Boomgarden, Bradford, Brunner, Buckingham, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Glover, Hackl, Haley, Halverson, Hanks, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen and Senators Moore, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Knudson, Koetzle, Kooistra, Lintz, McCracken, McNenny, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Kelly Fawcett for receiving the Prudential Spirit of Community Award for being one of the top volunteers in South Dakota.

     WHEREAS,  Kelly Fawcett, an esteemed resident of Miller and a student at Miller High School, has achieved national recognition for exemplary volunteer service by receiving a 2005 Prudential Spirit of Community Award; and

     WHEREAS,  Kelly Fawcett has received this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, which honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Kelly Fawcett earned this award by giving generously of her time and energy to her community by organizing a "Support Our Troops" campaign for a local National Guard unit serving in Iraq; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure upon the dedication of young people like Kelly Fawcett who use their talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Kelly Fawcett hereby be commended and honored as a recipient of the Prudential Spirit of Community Award, and for her outstanding record of volunteer service, peer leadership, and community spirit.

     HC 1032   Introduced by:  Representative Haley and Senator Koetzle

         A LEGISLATIVE COMMEMORATION,  Expressing the gratitude of South Dakota to Thomas A. Daschle for his distinguished service to state and nation.

     WHEREAS,  Tom Daschle has compiled a career of congressional and military service which has spanned virtually his entire adult life; and

     WHEREAS,  Tom Daschle's ability and willingness to address and respond to the concerns of his South Dakota constituents were the hallmarks of his legislative style from the time of his days as Senator Jim Abourezk's field director throughout his own congressional career; and

     WHEREAS,  Tom Daschle's outstanding parliamentary and political skills were successful in achieving senatorial leadership, influence, and positions unique to South Dakota representatives; and

     WHEREAS,  Tom Daschle's twenty-six-year congressional tenure is longer than that of any other South Dakotan with the sole exception of the legendary Karl E. Mundt; and

     WHEREAS,  Tom Daschle's character, intelligence, and legislative skills were in constant evidence throughout the years that he was Democratic Senate Leader:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the Legislature, on behalf of all South Dakotans, expresses the state's gratitude and congratulations to former Senator Thomas A. Daschle at the conclusion of his distinguished career of congressional service.

     Rep. Pederson moved that the House do now adjourn, which motion prevailed and at 7:32 p.m. the House adjourned.

Karen Gerdes, Chief Clerk