JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  




NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 23, 2006

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

     The prayer was offered by the Chaplain, Pastor Alia Stowers, followed by the Pledge of Allegiance led by Senate page Kate Lindbloom.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the eighth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Lee Schoenbeck, Chair

     Which motion prevailed.
     The oath of office was administered by the President to the following named persons:

    Pages: Chelsea Hageman, Jesse Liebe, Kate Lindblom, Tyler Luckhurst, Katie Manning, Janae Olinger, Stephanie Olson, Wendy Pepper, and Amanda Schulz.

    Which were subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS


     The President introduced the Milken Teacher of the Year, Robert Cook from Rapid City, and the South Dakota Teacher of the Year for 2006, Barbara Dowling from Sioux Falls, to the body.

CONSIDERATION OF EXECUTIVE AND JUDICIAL APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Deborah Bowman of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Social Services.

     The question being "Does the Senate advise and consent to the appointment of Deborah Bowman pursuant to the message as found on page 78 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; 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:
Greenfield

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

     The Senate proceeded to the consideration of the judicial appointment of Sara L. Burnette of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the appointment of Sara L. Burnette pursuant to the message as found on page 28 of the Senate Journal?"



     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Moore

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

     The Senate proceeded to the consideration of the executive reappointment of Jerome B. Lammers of Lake County, Madison, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the reappointment of Jerome B. Lammers pursuant to the message as found on page 30 of the Senate Journal?"

     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; Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Koetzle

     Excused:
Kloucek

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

     The Senate proceeded to the consideration of the executive reappointment of Dennis L. Kaemingk of Davison County, Mitchell, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the reappointment of Dennis L. Kaemingk pursuant to the message as found on page 29 of the Senate Journal?"



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

     The Senate proceeded to the consideration of the judicial reappointment of Mark F. Marshall of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the reappointment of Mark F. Marshall pursuant to the message as found on page 28 of the Senate Journal?"

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

COMMUNICATIONS AND PETITIONS


June 15, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Barbara Christianson, Pennington County, Rapid City, South Dakota, to the Career Service Commission.

    This appointment is effective immediately, and shall continue until April 22, 2006.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

September 19, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jean (Dawn) Morris, Hughes County, Pierre, South Dakota, to the Career Service Commission.

    This appointment is effective immediately, and shall continue until April 22, 2006.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

April 7, 2005

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


Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jeffrey G. Olson, Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective April 9, 2005, and shall continue until January 10, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Agricultural and Natural Resources.

Aptil 7, 2005

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

Dear Mr. President and Members of the Senate:

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

    This appointment is effective April 9, 2005, and shall continue until January 10, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

September 19, 2005

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



Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Judy Greff, Beadle County, Huron, South Dakota, to the Career Service Commission.

    This appointment is effective immediately, and shall continue until April 22, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

June 30, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed David Volk, Minnehaha County, Sioux Falls, South Dakota, to the Commission on Human Rights.

    This appointment is effective July 1, 2005, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.

July 12, 2005

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


Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Arlene Ham-Burr, Pennington County, Rapid City, South Dakota, to the Commission on Human Rights.

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

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Health and Human Services.

April 28, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Douglas J. Sharp, Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective April 30, 2005, and shall continue until January 1, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Commerce.

March 30, 2005

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


Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Kathryn Johnson, Pennington County, Hill City, South Dakota, to the State Board of Regents.

    This appointment is effective April 1, 2005, and shall continue until March 31, 2011.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Education.

January 17, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed James C. Roby, Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

    This reappointment is effective immediately, and shall continue until January 19, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Commerce.

March 15, 2005

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

Dear Mr. President and Members of the Senate:



    Pursuant to the provisions of Chapter 3-6A of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Gordon Garnos, Codington County, Watertown, South Dakota, to the Career Service Commission.

    This reappointment is effective April 23, 2005, and shall continue until April 22, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

November 16, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Marilyn Hoyt, Beadle County, Huron, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective immediately, and shall continue until December 31, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

June 30, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Section 20-13-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Vivian Asmussen, Hughes County, Pierre, South Dakota, to the Commission on Human Rights.

    This reappointment is effective July 1, 2005, and shall continue until June 30, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Health and Human Services.

May 23, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Cindy Mydland, Brookings County, Brookings, South Dakota, to the Housing Development Authority.

    This reappointment is effective July 1, 2005, and shall continue until June 30, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Commerce.

May 23, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Chapter 11-11 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Linda Barker, Minnehaha County, Sioux Falls, South Dakota, to the Housing Development Authority.

    This reappointment is effective July 1, 2005, and shall continue until June 30, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Commerce.

November 16, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Glenna Fouberg, Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education.

    This reappointment is effective immediately, and shall continue until December 31, 2009.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

December 28, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Thomas Cihak, Yankton County, Yankton, South Dakota, to the Board of Pardons and Paroles.

    This reappointment is effective immediately, and shall continue until January 18, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.

March 25, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Tom Leckey, Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective immediately, and shall continue until January 1, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Commerce.

March 25, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Susan Shay Brugger, Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective immediately, and shall continue until January, 1, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Commerce.

May 9, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 13-47 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Joseph M. Dondelinger, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

    This reappointment is effective immediately, and shall continue until July 1, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Education.

June 10, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Section 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Judith E. Hines, Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This reappointment is effective July 1, 2005, and shall continue until June 30, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.

February 3, 2005

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 23A-28B-3 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Jerome K. Howe, Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

    This reappointment is effective immediately, and shall continue until June 30, 2006.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.

December 16, 2005

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

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Chapter 49-16B of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Warren Lotsberg, Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority.

    This reappointment is effective immediately, and shall continue until January 18, 2010.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Transportation.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 33, 34, and 53 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 93 and 94 and tabled the same.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 77 and 118 and returns the same with the recommendation that said bills do pass.



Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 90, 97, 109, and 146 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB  112 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1051 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill be amended as follows:

132rta
     On page 1, line 1 of the printed bill, delete " conversation " and insert "conservation".

     And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1028, 1029, and 1044 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk


MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that SB 50 be referred to the Committee on Taxation.

     Which motion prevailed.

CONSIDERATION OF REPORT OF COMMITTEE


     Sen. Bogue moved that the report of the Standing Committee on

     Appropriations on SB 19 as found on page 124 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 168   Introduced by:  Senators Smidt, Adelstein, and Sutton (Dan) and Representatives Wick, Kroger, McCoy, Roberts, Sebert, and Van Etten

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

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

     SB 169   Introduced by:  Senators Smidt, Earley, and Lintz and Representatives Sebert, Frost, and Rounds

       FOR AN ACT ENTITLED, An Act to   require the development of school safety plans and to require the conduct of lockdown drills in schools.

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

     SB 170   Introduced by:  Senators Knudson, Adelstein, Dempster, Duniphan, Gray, Hansen (Tom), Kooistra, McCracken, Olson (Ed), and Sutton (Duane) and Representatives Deadrick, Cutler, Hills, Jerke, McLaughlin, Nelson, Putnam, and Willadsen

       FOR AN ACT ENTITLED, An Act to   establish and appropriate money to the 21st Century Education Fund, to increase funding for education, and to revise the index factor in the state aid to education formula.

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



     SB 171   Introduced by:  Senator Koskan and Representative Dykstra

       FOR AN ACT ENTITLED, An Act to   appropriate money for energy development.

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

     SB 172   Introduced by:  Senators Kelly, Broderick, Duniphan, Gray, Knudson, Koskan, Schoenbeck, and Smidt and Representatives Wick, Haverly, Hills, Hunt, McLaughlin, Pederson (Gordon), Peters, Rounds, and Weems

       FOR AN ACT ENTITLED, An Act to   authorize certain nonresident members of the South Dakota National Guard to qualify for resident tuition rates.

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

     SB 173   Introduced by:  Senators Kloucek, Bartling, Koetzle, and Sutton (Dan) and Representatives Lange, Bradford, Elliott, Gassman, Haley, Hargens, Howie, Jensen, Kroger, McCoy, Sigdestad, and Thompson

       FOR AN ACT ENTITLED, An Act to   exempt kerosene from sales and use taxes.

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

     SB 174   Introduced by:  Senators Bartling and Koetzle and Representatives Dykstra and Tidemann

       FOR AN ACT ENTITLED, An Act to   allow certain planted trees to remain in a township right-of-way under certain conditions.

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

     SB 175   Introduced by:  Senators Adelstein, Hanson (Gary), Nesselhuf, Sutton (Duane), and Two Bulls and Representatives Thompson, Cutler, Dennert, Elliott, Halverson, Murschel, Roberts, and Street

       FOR AN ACT ENTITLED, An Act to   ensure appropriate emergency health care for certain rape survivors and to require health care facilities and the Department of Health to provide information to certain rape survivors.

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

     SB 176   Introduced by:  Senators Sutton (Duane) and Napoli and Representatives Frost and McCoy



       FOR AN ACT ENTITLED, An Act to   allow property taxes to be paid under certain circumstances on a pro rata basis by the owner of a manufactured home who is planning to move, sell, transfer, or reassign the manufactured home.

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

     SB 177   Introduced by:  Senators Gant, Bartling, Gray, Kelly, and Sutton (Duane) and Representatives Weems, Boomgarden, Brunner, and Miles

       FOR AN ACT ENTITLED, An Act to   create a rebate program for businesses that invest in lactation facilities and to make an appropriation therefor.

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

     SB 178   Introduced by:  Senators Smidt, Earley, Gray, McCracken, and Sutton (Duane) and Representatives Sebert, Hackl, Heineman, Rounds, Tidemann, and Wick

       FOR AN ACT ENTITLED, An Act to   reorganize the state's school districts and to increase the number of members allowed on a school district board.

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

     SB 179   Introduced by:  Senators Moore, 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, Napoli, Nesselhuf, Olson (Ed), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Rhoden, 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, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   direct the Bureau of Administration to provide all of the fourth floor of the State Capitol Building for use by the Legislature.

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

     SB 180   Introduced by:  Senator Gant and Representative Weems

       FOR AN ACT ENTITLED, An Act to   require consumer reporting agencies to provide security freezes for consumers who are victims of identity theft.



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

     SB 181   Introduced by:  Senators Gray, Abdallah, Adelstein, Apa, Dempster, Duniphan, Earley, Kelly, McCracken, McNenny, Smidt, and Sutton (Duane) and Representatives Kraus, Cutler, Haverly, Heineman, McCoy, McLaughlin, Murschel, Olson (Ryan), Pederson (Gordon), Rounds, and Weems

       FOR AN ACT ENTITLED, An Act to   create a school district consolidation commission and to declare an emergency.

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

     SB 182   Introduced by:  Senators Kooistra, Abdallah, Apa, Broderick, Hundstad, and Kloucek and Representatives Gillespie, Hennies, Hunt, Lange, Pederson (Gordon), and Turbiville

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the organization decals that may be displayed on a motor vehicle license plate.

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

     SB 183   Introduced by:  Senators Kooistra, Abdallah, Apa, Broderick, Hundstad, and Kloucek and Representatives Gillespie, Hennies, Hunt, Lange, Pederson (Gordon), and Turbiville

       FOR AN ACT ENTITLED, An Act to   provide for distinctive motor vehicle license plates for certain military veterans.

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

     SB 184   Introduced by:  Senator Kooistra and Representative Gillespie

       FOR AN ACT ENTITLED, An Act to   provide for the screening of certain members of the armed forces for exposure to depleted uranium.

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

     SB 185   Introduced by:  Senators Duenwald, Abdallah, Apa, Bartling, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Kelly, Kloucek, Koskan, McNenny, Napoli, Olson (Ed), Schoenbeck, Smidt, Sutton (Dan), and Two Bulls and Representatives McCoy, Davis, Frost, Fryslie, Hackl, Hunt, Jerke, Kraus, Lange, Rausch, Rave, Schafer, Tornow, Van Etten, and Wick


       FOR AN ACT ENTITLED, An Act to   require inspections of certain facilities by the Department of Health.

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

     SB 186   Introduced by:  Senators Bartling, Hanson (Gary), Koetzle, and Koskan and Representatives Jensen, Dennert, Glover, and Jerke

       FOR AN ACT ENTITLED, An Act to   classify the production of certain upland game birds as an agricultural pursuit.

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

     SB 187   Introduced by:  Senator Peterson (Jim) and Representative Hargens

       FOR AN ACT ENTITLED, An Act to   provide for the creation of rural economic development zones and to provide contractors' excise, sales, and use tax refunds and property tax abatements for certain economic development projects.

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

     SB 188   Introduced by:  Senators Schoenbeck, Adelstein, Bartling, Broderick, Dempster, Duniphan, Gray, Greenfield, Kelly, Knudson, Koetzle, Koskan, Lintz, McCracken, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Dykstra, Faehn, Frost, Haley, Hanks, Haverly, McCoy, McLaughlin, Murschel, Sebert, Turbiville, Valandra, and Vehle

       FOR AN ACT ENTITLED, An Act to   exempt the purchase of natural gas, propane, and fuel oil from sales and use tax during a certain time period of the year.

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

     SB 189   Introduced by:  Senators Bogue, Abdallah, Duniphan, Koetzle, McNenny, Moore, and Napoli and Representatives Klaudt, Hennies, Hunhoff, Putnam, and Rave

       FOR AN ACT ENTITLED, An Act to   provide for a property tax reduction for certain firefighters.

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

     SB 190   Introduced by:  Senators Koetzle, Bartling, Hanson (Gary), Hundstad, Kloucek, Moore, Nesselhuf, Peterson (Jim), Sutton (Dan), and Two Bulls and Representatives Kroger, Dennert, Elliott, Gassman, Glenski, Glover, Haley, Halverson, Hargens, Lange, Miles, Roberts, Sigdestad, Street, Thompson, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for certain increases in the state minimum wage.

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

     SB 191   Introduced by:  Senators Greenfield, Abdallah, Bartling, Bogue, Duniphan, Gant, Kloucek, Koetzle, McNenny, Moore, Olson (Ed), Sutton (Dan), and Sutton (Duane) and Representatives Willadsen, Boomgarden, Brunner, Elliott, Faehn, Garnos, Halverson, Hennies, Jensen, Klaudt, McCoy, Pederson (Gordon), Putnam, Rausch, and Sebert

       FOR AN ACT ENTITLED, An Act to   permit certain organizations to conduct card game tournaments.

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

     SJR 2   Introduced by:  Senators Bartling, Apa, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Kelly, Kloucek, Koskan, McNenny, Moore, Napoli, Peterson (Jim), Schoenbeck, Smidt, and Sutton (Dan) and Representatives Tornow, Buckingham, Davis, Faehn, Frost, Fryslie, Gillespie, Glenski, Hackl, Haverly, Howie, Hunhoff, Hunt, Jerke, Klaudt, Kraus, Krebs, Lange, McCoy, Michels, Miles, Nelson, Novstrup, Peters, Putnam, Rausch, Rave, Rounds, Schafer, Tidemann, Van Etten, and Weems

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the life of an unborn child.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1028:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the transportation, possession, purchase, and sale of certain endangered and threatened species of wildlife and to provide a penalty for violation of those provisions.

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

     HB 1029:   FOR AN ACT ENTITLED, An Act to   prohibit the use of crossbows for fishing except by certain persons having a disability and to grant the Game, Fish and Parks Commission rule-making authority to implement exceptions.



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

     HB 1044:   FOR AN ACT ENTITLED, An Act to   clarify the application of certain provisions relating to the exemption of debt cancellation contracts from insurance regulation.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 58:   FOR AN ACT ENTITLED, An Act to   define gamma hydroxyl butyrate as a controlled substance.

     Was read the second time.

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

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

     SB 59:   FOR AN ACT ENTITLED, An Act to   provide for the use of chemist's affidavits in certain parole, probation, and contested case proceedings.

     Was read the second time.

     The question being "Shall SB 59 pass as amended?"

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

     SB 63:   FOR AN ACT ENTITLED, An Act to   include officers of the Immigration and Customs Enforcement Office of Investigations in the definition of federal law enforcement officer.

     Was read the second time.

     The question being "Shall SB 63 pass?"

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

     SB 68:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the administration of trusts and estates.

     Was read the second time.

     The question being "Shall SB 68 pass?"

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

     HB 1047:   FOR AN ACT ENTITLED, An Act to   revise certain sales and use tax provisions related to products and substances associated with the application of pesticides and to clarify the definition of pesticides.

     Was read the second time.

     The question being "Shall HB 1047 pass?"

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 49:   FOR AN ACT ENTITLED, An Act to   modify the requirements for health discount plans.

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


     Sen. McCracken moved that SB 49 be deferred to Wednesday, January 25, the 11th legislative day.

     Which motion prevailed.

     SB 56:   FOR AN ACT ENTITLED, An Act to   authorize the railroad authority to acquire certain railroad facilities and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 56 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Earley; Napoli

     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 60:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the licensure of polygraph examiners.

     Was read the second time.

     The question being "Shall SB 60 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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


     Excused:
Koetzle

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

     SB 62:   FOR AN ACT ENTITLED, An Act to   revise certain reclamation surety requirements regarding uranium exploration and to authorize the Board of Minerals and Environment to adopt rules for the construction, operation, monitoring, and closure of uranium and other in situ leach mines.

     Was read the second time.

     The question being "Shall SB 62 pass?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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

     Nays:
Apa; Two Bulls

     Excused:
Hansen (Tom); Kloucek; Koetzle

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

     SB 71:   FOR AN ACT ENTITLED, An Act to   revise the voting requirements for certain actions taken by the board of adjustment.

     Was read the second time.

     The question being "Shall SB 71 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0


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

     Nays:
Kloucek; Two Bulls

     Excused:
Koetzle

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

     SB 1:   FOR AN ACT ENTITLED, An Act to   provide for the mandatory withdrawal of blood or other bodily substances subsequent to arrest for driving while under influence.

     Was read the second time.

     The question being "Shall SB 1 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duniphan; Gant; Gray; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; McCracken; McNenny; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Nays:
Apa; Duenwald; Earley; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Lintz; Moore; Napoli; Olson (Ed); Two Bulls

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

     SB 17:   FOR AN ACT ENTITLED, An Act to   prohibit certain young drivers from using a cellular telephone while operating a motor vehicle.

     Was read the second time.

17ob

     Sen. Kooistra moved that SB 17 be further amended as follows:

     On page 1, line 11 of the Senate Transportation Committee engrossed bill, delete " Class 2 misdemeanor " and insert "petty offense".

     Which motion prevailed.

     Sen. Broderick moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 17 pass as amended?"

     And the roll being called:

     Yeas 8, Nays 27, Excused 0, Absent 0

     Yeas:
Adelstein; Broderick; Gray; Hundstad; Kelly; Knudson; Kooistra; Nesselhuf

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

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

     Sen. Bogue moved that SB 22, 26, 29, 31, 54, 57, 67, and 69 be deferred to Tuesday, January 24, the 10th legislative day.

     Which motion prevailed.

COMMEMORATIONS


     SC 2   Introduced by:  Senators Knudson and Abdallah and Representatives Cutler, Hunt, Krebs, and Tornow

         A LEGISLATIVE COMMEMORATION,  Honoring Maggie Van Bockern of Sioux Falls, 2005 South Dakota Girls State Governor and Alex J. Hewett of Sioux Falls, 2005 South Dakota Boys State Governor; and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.

     WHEREAS,  Maggie Van Bockern and Alex J. Hewett have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

     WHEREAS,  the goals of Boys State and Girls State are:

             (1)    To better help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and

             (2)    To give better knowledge of the fundamental principles of government within the State of South Dakota through a unique learn-by-doing workshop; and

     WHEREAS,  the South Dakota American Legion and Auxiliary have worked diligently for more than sixty years in conducting these fine programs:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-first Legislature of the State of South Dakota, that Maggie Van Bockern and Alex J. Hewett be congratulated for their outstanding achievement; that appreciation be extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys and Girls State.

     Sen. Kelly moved that the Senate do now adjourn, which motion prevailed and at 4:03 p.m. the Senate adjourned.

Patricia Adam, Secretary