Senate Journal 03/22/2005 9:00 AM

March 17, 2005

Honorable Dennis Daugaard
President of the Senate
State Capitol
500 E. Capitol
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

I hereby return Senate Bill 67 and VETO the same. It is "An Act to revise certain drug and alcohol offenses, driving offenses, and other felonious offenses."

The first goal of any bill dealing with our criminal laws must be to keep our citizens safe. In its final form, SB 67 is not balanced in favor of doing that.

Illegal drugs are a poison in our society and the people who exploit their addictive power for profit are predators. Curtailing their presence in South Dakota is a vital mission of law enforcement. SB 67 eliminates important existing tools to carrying that mission out. It lowers the current penalties for possessing and distributing marijuana by substantially increasing the amounts that trigger increased punishments. It decreases the penalties that can be applied to possession of certain controlled substances. It eliminates the existing prohibition on exchange of drug paraphernalia without compensation and decreases some of the mandatory minimum sentences prosecutors properly use as leverage to work their way to the leaders of drug distribution chains. All of these provisions send the wrong message about drugs to our citizens. We should not go backwards on our efforts to stop the trade of illegal drugs.

SB 67 as presented to me also fails to keep our highways safe. It eliminates existing mandatory jail sentences for people who drive after having their license revoked for a second or subsequent DUI conviction. Drunk drivers needlessly kill too many South Dakotans year after year. People who continue to drive after a judge revokes their license for repeatedly drinking and driving are not getting the message and need to go to jail until they do. SB 67 loosens the existing restrictions on granting temporary driving permits to people who have multiple DUI convictions and does not require them to maintain sobriety as a condition of having that leniency. We need to be crystal clear that in South Dakota it is not acceptable to keep putting the lives of other drivers at risk by drinking and driving over and over again. SB 67 does not adequately send that message.

Significantly, sections 65, 66, and 68 reduce the felony level for possession of certain controlled substances. In addition, the reduction in felony levels is not limited to just possession of controlled substances. Sections 69 and 70 roll back the felony levels for most offenses involving the possession, use, or distribution of marijuana. Possession of less than two grams of marijuana has been rolled back to a class 2 misdemeanor, the lowest possible criminal offense possible under our criminal statutes. This bill sends the wrong message to our young people.

Overall, SB 67 goes too far in giving criminals a break and not far enough to make sure that our citizens are kept safe. Any wholesale revision of our criminal laws relating to drugs, alcohol, and traffic safety requires a delicate balance to be fair but firm. SB 67 does not properly strike that balance. It is my conclusion and that of our Attorney General that South Dakota citizens are not safer with the passage of this bill.

I respectfully request that you concur with my action.

Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has further communications to make to the Legislature.

Which motion prevailed and the President announced as such committee Sens. Bogue, Dempster, and Moore.

Sen. Bogue moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to fix the time of adjournment sine die.

Which motion prevailed and the President announced as such committee Sens. Bogue, Duenwald, and Moore.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of SB 67 pursuant to the veto of the Governor and the veto message found on page 794 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall SB 67 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Apa; Dempster; Earley; Gant; Hanson (Gary); Hundstad; Kelly; Kooistra; Moore; Napoli; Nesselhuf; Schoenbeck; Sutton (Dan)

Nays:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Duenwald; Duniphan; Gray; Greenfield; Hansen (Tom); Kloucek; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Olson (Ed); Peterson (Jim); Smidt; Sutton (Duane); Two Bulls

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost, sustaining the Governor's veto.

MOTIONS AND RESOLUTIONS

Sen. Hundstad moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a concurrent resolution relating to a request that the Congress of the United States provide level or increased funding for the Carl D. Perkins Vocational and Technical Education Training Act.

The question being on Sen. Hundstad's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a concurrent resolution relating to a request that the Congress of the United States provide level or increased funding for the Carl D. Perkins Vocational and Technical Education Training Act.

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Adelstein; Bartling; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Kelly; Knudson; Kooistra; McCracken; Sutton (Duane)

Excused:
Abdallah

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

Sen. Knudson moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to filing of certain tax returns and declaring an emergency.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to filing of certain tax returns and declaring an emergency.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Abdallah

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the bill was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the bill was so placed.

Sen. Bogue moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to authorizing the Department of Corrections to sell certain real property acquired for use as a correctional facility, to provide for the disposition of the proceeds, and to declare an emergency.

The question being on Sen. Bogue's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to authorizing the Department of Corrections to sell certain real property acquired for use as a correctional facility, to provide for the disposition of the proceeds, and to declare an emergency.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Napoli

Excused:
Kelly

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the bill was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 224 Introduced by: Senators Bogue, Apa, Hanson (Gary), Koskan, and Moore and Representatives Rhoden, Dykstra, Gillespie, Hargens, and Putnam

FOR AN ACT ENTITLED, An Act to repeal the appropriation contained in House Bill 1220, as previously enacted by the Eightieth Session of the South Dakota Legislature.

Was read the first time.

SB 225 Introduced by: Senators Bogue and Moore and Representatives Putnam and Hargens

FOR AN ACT ENTITLED, An Act to authorize the Department of Corrections to sell certain real property acquired for use as a correctional facility, to provide for the disposition of the proceeds, and to declare an emergency.

Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 223: FOR AN ACT ENTITLED, An Act to require the filing of certain tax returns and to declare an emergency.

Was read the second time.

The question being "Shall SB 223 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Adelstein

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

SB 224: FOR AN ACT ENTITLED, An Act to repeal the appropriation contained in House Bill 1220, as previously enacted by the Eightieth Session of the South Dakota Legislature.

Was read the second time.

The question being "Shall SB 224 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Kloucek

Excused:
Adelstein

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.

Sen. Bogue moved that the Senate do now recess until 11:45 a.m., which motion prevailed and at 10:47 a.m., the Senate recessed.

RECESS

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Michels, Dykstra, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eightieth Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Michels, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

SB 225: FOR AN ACT ENTITLED, An Act to authorize the Department of Corrections to sell certain real property acquired for use as a correctional facility, to provide for the disposition of the proceeds, and to declare an emergency.

Was read the second time.

The question being "Shall SB 225 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

MOTIONS AND RESOLUTIONS

Sen. Tom Hansen moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to revising certain provisions concerning the implementation of certain provisions relating to the prohibition of abortions and declaring an emergency.

The question being on Sen. Hansen's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to revising certain provisions concerning the implementation of certain provisions relating to the prohibition of abortions and declaring an emergency.

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Abdallah; Apa; Bartling; Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Koskan; Lintz; McNenny; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan)

Nays:
Adelstein; Dempster; Duniphan; Hundstad; Knudson; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Sutton (Duane); Two Bulls

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

Sen. Bogue moved that the Senate do now recess until 1:15 p.m., which motion prevailed and at 12:05 p.m., the Senate recessed.

RECESS

MR. PRESIDENT:

Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Eightieth Legislative Session.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Eric Bogue
Larry Rhoden    Tom Dempster
Dale Hargens    Garry Moore
House Committee    Senate Committee

Sen. Bogue moved that the report of the Joint-Select Committee relative to informing his Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die be adopted.

Which motion prevailed.

Also MR. PRESIDENT:

Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Eightieth Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 3:28 p.m., March 22, 2005.

Respectfully submitted,    Respectfully submitted,
Matthew Michels    Eric Bogue
Joel Dykstra    Jay Duenwald
Margaret Gillespie    Garry Moore
House Committee    Senate Committee

Sen. Bogue moved that the report of the Joint-Select Committee relative to adjournment sine die of the Eightieth Legislative Session be adopted.

Which motion prevailed.

MOTIONS AND RESOLUTIONS

Sen. Bogue moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar HB 1266.

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Nesselhuf; Two Bulls

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and the bill was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Knudson requested a roll call vote.

Which request was supported.

The question being on Sen. Knudson's motion that HB 1266 be amended.

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Adelstein; Dempster; Duniphan; Gray; Hanson (Gary); Hundstad; Knudson; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Sutton (Duane)

Nays:
Abdallah; Apa; Bartling; Bogue; Broderick; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Kloucek; Koetzle; Koskan; Lintz; McNenny; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Two Bulls

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

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

"Section 1. The Legislature finds that the State of South Dakota has a compelling and paramount interest in the preservation and protection of all human life and finds that the guarantee of due process of law under the South Dakota Bill of Rights applies equally to born and unborn human beings.

Section 2. The Legislature finds that the life of a human being begins when the ovum is fertilized by male sperm. The Legislature finds that the explosion of knowledge derived from new recombinant DNA technologies over the past twenty-five years has reinforced the validity of the finding of this scientific fact.

Section 3. The Legislature finds that, based upon the evidence derived from thirty years of legalized abortions in this country, the interests of pregnant mothers protected under the South Dakota Bill of Rights have been adversely affected as abortions terminate the constitutionally protected fundamental interest of the pregnant mother in her relationship with her child and abortions are performed without a truly informed or voluntary consent or knowing waiver of the woman's rights and interests. The Legislature finds that the state has a duty to protect the pregnant mother's fundamental interest in her relationship with her unborn child.

Section 4. The Legislature finds that abortion procedures impose significant risks to the health and life of the pregnant mother, including subjecting women to significant risk of severe depression, suicidal ideation, suicide, attempted suicide, post traumatic stress disorders, adverse impact in the lives of women, physical injury, and a greater risk of death than risks associated with carrying the unborn child to full term and childbirth.

Section 5. The Legislature finds that a pregnant mother, together with the unborn human child, each possess a natural and inalienable right to life under the South Dakota Bill of Rights.

Section 6. That chapter 22-17 be amended by adding thereto a NEW SECTION to read as follows:

No person may knowingly administer to, prescribe for, or procure for, or sell to any pregnant woman any medicine, drug, or other substance with the specific intent of causing or abetting the termination of the life of an unborn human being unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No person may knowingly use or employ any instrument or procedure upon a pregnant woman with the specific intent of causing or abetting the termination of the life of an unborn human being unless it is necessary to preserve the life of the pregnant woman, or if there is a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.

(4) "Fertilization," that point in time when a male human sperm penetrates the zona pellucida of a female human ovum.

Section 10. That § 34-23A-2 be repealed.

~~34-23A-2. An abortion may be performed in this state only if it is performed in compliance with § 34-23A-3, 34-23A-4, or 34-23A-5.~~

Section 11. That § 34-23A-3 be repealed.

34-23A-3. An abortion may be performed by a physician during the first twelve weeks of pregnancy. The abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician during the first twelve weeks of pregnancy.

Section 12. That § 34-23A-4 be repealed.

34-23A-4. An abortion may be performed following the twelfth week of pregnancy and through the twenty-fourth week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of § 34-23A-6.

Section 13. That § 34-23A-5 be repealed.

34-23A-5. An abortion may be performed following the twenty-fourth week of pregnancy by a physician only in a hospital authorized under § 34-23A-4 and only if there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life or health of the mother.

Section 14. If any court of law enjoins, suspends, or delays the implementation of a provision of this Act, the provisions of sections 10 to 13, inclusive, of this Act are similarly enjoined, suspended, or delayed during such injunction, suspension, or delayed implementation.

Section 15. If any court of law finds any provision of this Act to be unconstitutional, the other provisions of this Act are severable. If any court of law finds the provisions of this Act to be entirely or substantially unconstitutional, the provisions of § § 34-23A-2, 34-23A-3, 34-23A-4, and 34-23A-5, as of June 30, 2005, are immediately reeffective."

Which motion lost.

The question being "Shall HB 1266 pass?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Abdallah; Apa; Bartling; Bogue; Broderick; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Koetzle; Koskan; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan)

Nays:
Adelstein; Dempster; Hundstad; Knudson; Kooistra; McCracken; Nesselhuf; Olson (Ed); Sutton (Duane); Two Bulls

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

MOTIONS AND RESOLUTIONS

HCR 1021: A CONCURRENT RESOLUTION, Supporting the construction of an outdoor facility for Native American performing arts and competitive events.

Having had its second reading was up for consideration.

Sen. Adelstein moved that the Senate do concur in HCR 1021 as found on page 756 of the House Journal and amended on page 772 of the House Journal.

The question being on Sen. Adelstein's motion that the Senate do concur in HCR 1021 as amended.

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Apa; Earley; Greenfield

Excused:
McNenny

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1021 was concurred in as amended.

Sen. Tom Hansen moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar HCR 1023.

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Apa; Hundstad; Kooistra

So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and HCR 1023 was so placed.

HCR 1023: A CONCURRENT RESOLUTION, Requesting South Dakota's congressional delegation to support federal legislation to maintain the automated flight service station in Huron as staffed by federal air traffic control flight service specialists.

Was read the first time.

Was read the second time.

Which motion prevailed.

Sen. Tom Hansen moved that the Senate do concur in HCR 1023 as found on page 837 of the House Journal and amended on page 839 of the House Journal and page 812 of the Senate Journal.

The question being on Sen. Hansen's motion that the Senate do concur in HCR 1023 as amended.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1023 was concurred in as amended.

REPORTS OF STANDING COMMITTEES

The President publicly read the title to

SB 223: FOR AN ACT ENTITLED, An Act to require the filing of certain tax returns and to declare an emergency.

SB 224: FOR AN ACT ENTITLED, An Act to repeal the appropriation contained in House Bill 1220, as previously enacted by the Eightieth Session of the South Dakota Legislature.

HB 1266: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the implementation of certain provisions relating to the prohibition of abortions.

And signed the same in the presence of the Senate.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1023 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1023.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Eightieth Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of informing his Excellency, the Governor, that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

The following closing prayer was offered by Reverend Ruth Ann Loughry:

Gracious God,

As this legislative session comes to its close, we lay before You our work. Some decisions have been arduous, the debate has been lively, and the harvest of our labors is at hand. For all that will be beneficial to Your people, the good seed, sow with Your grace. If there be any chaff, blow it away lest it bring harm, and grant us Your forgiveness. We lift to You once again the people of South Dakota. Bless them and bestow upon them every kindness from Your loving hand. We pray for Governor Rounds, Representative Herseth, Senator Thune, Senator Johnson, and all state employees who continue to work on behalf of South Dakotans. Gift them with Your wisdom and discernment, sustain them when the journey is long. We thank You for the recent moisture, and acknowledge that our land continues to be dry, God. Grant us Your life giving rains which nourish the earth. Until we meet again, bless and keep us in Your tender care. Keep our comings in and our goings out, from this time forth and forevermore. Amen.

Sen. Bogue moved that the Senate do now adjourn sine die, which motion prevailed and at 3:28 p.m. the Senate adjourned.

Patricia Adam, Secretary