Senate Journal 02/02/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 2, 2006

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

The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by Senate page Wendy Pepper.

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 sixteenth 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.

COMMUNICATIONS AND PETITIONS

November 21, 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 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mike Trykoski, Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority.

This appointment is effective immediately.

Sincerely,
M. Michael Rounds
Governor

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

November 21, 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 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mike Held, Beadle County, Huron, South Dakota, to the South Dakota Energy Infrastructure Authority.

This appointment is effective immediately.

Sincerely,
M. Michael Rounds
Governor

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

November 21, 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 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Kyle White, Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority.

This appointment is effective immediately.

Sincerely,
M. Michael Rounds
Governor

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

November 21, 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 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Audry Ricketts, Hughes County, Pierre, South Dakota, to the South Dakota Energy Infrastructure Authority.

This appointment is effective immediately.

Sincerely,
M. Michael Rounds
Governor

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

November 21, 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 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mike Ropp, Brookings County, Brookings, South Dakota, to the South Dakota Energy Infrastructure Authority.

This appointment is effective immediately.

Sincerely,
M. Michael Rounds
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 120 and 169 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1107 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 Transportation respectfully reports that it has had under consideration SB 144 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1030 and 1032 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1029 and returns the same with the recommendation that said bill be amended as follows:

1029ta

On page 1, line 7 of the printed bill, after " arrow, " insert " crossbow, ".

On page 1 , line 10, delete everything after " Commission " and insert " pursuant to chapter 1-26. "

On page 1 , delete lines 11 to 13 , inclusive.

1029tta

On page 1, line 1 of the printed bill, delete " except by " and insert "unless an exception is granted in rules promulgated by the Game, Fish and Parks Commission."

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1028 and tabled the same.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 116 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 201 and HB 1036 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 194 and returns the same with the recommendation that said bill be amended as follows:

194jb

On page 1, line 6 of the printed bill, remove the overstrikes from " ~~table, sparkling, or sacramental~~ " .

On page 1, line 7 of the printed bill, after " honey " insert " , or wine as defined in subdivision (2), ".

On page 2 , line 3, remove the overstrikes from " ~~table wines, sparkling wines, and sacramental~~ " .

On page 2 , line 3, overstrike " wine " and insert " wines, or wine as defined in subdivision (2) ".

On page 2 , line 8, remove the overstrikes from " ~~table wines, sparkling wines, and sacramental~~ " .

On page 2 , line 9, after " wines " insert " , or wine as defined in subdivision (2), ".

On page 2 , line 14, remove the overstrikes from " ~~table or sparkling~~ " .

On page 2 , line 14, after " wine " insert " , or wine as defined in subdivision (2), ".

On page 3 , line 1, remove the overstrikes from " ~~table wine, sparkling wines, or sacramental wines~~ " .

On page 3 , line 1, delete " any wine " and insert " , or any wine as defined in subdivision (2), ".

On page 3 , line 8, remove the overstrikes from " ~~table and sparkling~~ " .

On page 3 , line 8, after " wines " insert " , and wine as defined in subdivision (2), ".

194jc

On page 1, line 12 of the printed bill, after " made " insert " without rectification, except for the purpose of fortification, ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 200 and returns the same with the recommendation that said bill be amended as follows:

200ja

On page 3, line 1 of the printed bill, delete " and " .

On page 3 , line 3, after " subdivision " insert " ; and

(d) The number of applicants enrolled into the risk pool pursuant to this subdivision in any given calendar year does not exceed three percent of the total number of covered persons in individual health benefit plans that are no longer being marketed in this state ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill be amended as follows:

61ja

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

"Section 1. The Motor Vehicle Insurance Data Base Task Force is created. The task force shall study the feasibility of requiring evidence of financial responsibility at the time of vehicle registration and the creation of a motor vehicle insurance data base to facilitate the process. The task force shall investigate the best practices of the industry and recommend specifications for the information to be transmitted by the insurance companies to the Division of Motor Vehicles for inclusion in the motor vehicle insurance data base and specifications for the form and manner of transmission of data for inclusion in the motor vehicle insurance data base.

Section 2. The task force shall consist of:

(1) The director of motor vehicles;

(2) The director of insurance;

(3) The following members selected by the director of the Division of Insurance:

(a) One representative of a domestic automobile insurance company;

(b) One representative of an admitted foreign automobile insurance company; and

(4) Four members to be selected by the director of the Division of Motor Vehicles.

The task force shall be staffed by the Division of Motor Vehicles.

Section 3. The task force shall complete a written report of its recommendations and submit the report to the Legislature no later than October 1, 2006."

61jta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "establish the Motor Vehicle Insurance Data Base Task Force and to provide for its composition, scope, and administration."

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration the nomination of Cindy Mydland of Brookings County, Brookings, South Dakota, to the SD Housing Development Authority. And returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration the nomination of Douglas J. Sharp of Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission. And returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1021, 1087, 1089, 1100, 1109, 1134, 1153, 1157, 1171, 1178, 1198, and 1199 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 3 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 3 and 4 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 3, the 18^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on SB 14 as found on page 309 of the Senate Journal ; also

Judiciary on SB 91 as found on page 299 of the Senate Journal ; also

Judiciary on SB 119 as found on page 299 of the Senate Journal ; also

State Affairs on SB 143 as found on page 296 of the Senate Journal ; also

Judiciary on SB 180 as found on page 297 of the Senate Journal ; also

Health and Human Services on SB 184 as found on page 308 of the Senate Journal ; also

Taxation on SB 189 as found on page 295 of the Senate Journal ; also

Judiciary on HB 1190 as found on page 299 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1021: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

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

HB 1087: FOR AN ACT ENTITLED, An Act to appropriate money for the Northern Crops Institute.

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

HB 1089: FOR AN ACT ENTITLED, An Act to appropriate money for the Vietnam War Memorial.

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

HB 1100: FOR AN ACT ENTITLED, An Act to provide for the establishment of standards for persons conducting home studies for purposes of child custody and visitation.

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

HB 1109: FOR AN ACT ENTITLED, An Act to provide civil immunity to qualified mental health professionals designated by the chairs of the county board of mental illness.

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

HB 1134: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding the justifiable use of force.

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

HB 1153: FOR AN ACT ENTITLED, An Act to revise the definition of a prohibited sexual act.

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

HB 1157: FOR AN ACT ENTITLED, An Act to extend opportunity scholarship eligibility to South Dakota students who attend college or technical school out-of-state and then return to South Dakota to attend school.

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

HB 1171: FOR AN ACT ENTITLED, An Act to permit the court to award attorneys' fees in certain custody and visitation cases.

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

HB 1178: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain honorary trusts and of certain trusts for animals.

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

HB 1198: 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 State Affairs.

HB 1199: FOR AN ACT ENTITLED, An Act to prohibit the release of information concerning the applicants and holders of permits to carry a concealed pistol.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed HB 1034 from the Consent Calendar.

HB 1006: FOR AN ACT ENTITLED, An Act to revise certain provisions related to out-of- state cattle brands and to establish a penalty.

Was read the second time.

The question being "Shall HB 1006 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Napoli

Excused:
Apa

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 1041: FOR AN ACT ENTITLED, An Act to allow for denial, suspension, or revocation of emergency medical technician certificates for past gross incompetence and for unprofessional or dishonorable conduct.

Was read the second time.

The question being "Shall HB 1041 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Apa

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 1068: FOR AN ACT ENTITLED, An Act to require the names of certain parties to be listed in instruments recorded by the register of deeds.

Was read the second time.

The question being "Shall HB 1068 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Apa

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

HB 1073: FOR AN ACT ENTITLED, An Act to revise the circumstances under which certain arrests may be effected without warrant.

Was read the second time.

The question being "Shall HB 1073 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Apa

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 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the bonding of township clerks and treasurers.

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Apa

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 1104: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of eavesdropping.

Was read the second time.

The question being "Shall HB 1104 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Apa

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.

The question being "Shall SB 49 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; 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; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Apa; Olson (Ed)

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 64: FOR AN ACT ENTITLED, An Act to repeal certain outdated statutorily created funds.

Was read the second time.

The question being "Shall SB 64 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

SB 130: FOR AN ACT ENTITLED, An Act to impose the 911 monthly telephone surcharge to prepaid telephone calling services.

Was read the second time.

The question being "Shall SB 130 pass as amended?"

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

Nays:
Apa; Kloucek; Napoli

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

SB 166: FOR AN ACT ENTITLED, An Act to adopt the Uniform Athlete Agents Act.

Was read the second time.

The question being "Shall SB 166 pass as amended?"

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duniphan; Gray; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Duane); Two Bulls

Nays:
Apa; Bogue; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McNenny; Napoli; Schoenbeck; Sutton (Dan)

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

Was read the second time.

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

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; 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

Nays:
Bogue

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.

Sen. Bogue moved that SB 206 be deferred to Friday, February 3, the 18^th legislative day.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1025: FOR AN ACT ENTITLED, An Act to revise state aid to special education.

Was read the second time.

The question being "Shall HB 1025 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1095: FOR AN ACT ENTITLED, An Act to clarify the elements of the crime of impersonating another.

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

The question being "Shall HB 1095 pass?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Apa; Greenfield; Hundstad; Kloucek; Kooistra; Lintz; McNenny; Napoli; 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.

Sen. Bogue moved that HJR 1001, 1002, and 1003 and HB 1007 and 1039 be deferred to Monday, February 6, the 19^th legislative day.

Which motion prevailed.

HB 1056: FOR AN ACT ENTITLED, An Act to permit municipalities to delegate to employees the authority to enter into certain contracts on behalf of the municipality.

Was read the second time.

The question being "Shall HB 1056 pass as amended?"

And the roll being called:

Yeas 18, Nays 15, Excused 2, Absent 0

Yeas:
Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray; Hansen (Tom); Knudson; Lintz; McCracken; McNenny; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Bartling; Earley; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Moore; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

Excused:
Abdallah; Kelly

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 1121: FOR AN ACT ENTITLED, An Act to revise notification requirements for certain planning and zoning changes.

Was read the second time.

1121ta

Sen. Kloucek moved that HB 1121 be further amended as follows:

On page 1, line 7 of the House Local Government Committee engrossed bill, overstrike " seven " and insert " ten ".

On page 1 , line 13, delete " seven " and insert " ten ".

Which motion lost.

The question being "Shall HB 1121 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Apa; Greenfield; McNenny; Napoli

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

SIGNING OF BILLS

The President publicly read the title to

SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the establishment of representation areas for school board members and determination of vacancies on school boards.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the type of documentation required for the registration of voters.

HB 1003: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning absentee voting.

HB 1033: FOR AN ACT ENTITLED, An Act to permit persons arrested for certain boating violations to be released upon execution of a promise to appear in court or upon furnishing a bond and to provide a penalty for failure to appear in court.

HB 1063: FOR AN ACT ENTITLED, An Act to clarify certain provisions concerning the authority of certain courts to issue warrants or summonses on indictment.

HB 1094: FOR AN ACT ENTITLED, An Act to clarify a custodian's access to certain sealed records.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 3 Introduced by: Senators Gant and Bartling and Representatives Deadrick and Glover

A LEGISLATIVE COMMEMORATION, Honoring an outstanding South Dakota educator, Carol Varilek, who passed recently after a well-fought battle with cancer, for her steadfast dedication to education.

WHEREAS, Carol Varilek had demonstrated an outstanding lifelong dedication to the advancement of education, and was nominated for and received the 2005 South Dakota Language Arts Teacher of the Year award; and

WHEREAS, she had enriched the lives of students through the teaching of English, French, drama, and oral interpretation at Geddes, Marty, and Wagner High Schools; and

WHEREAS, she maintained an unwavering dedication not only to teaching, but to her family, including her husband, Tom; her children, Tess, Tara, and Cody; and her extended family including her father-in-law, former Representative Elvern Varilek:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Carol Varilek be honored for her lifelong service in the field of education and for receiving the 2005 South Dakota Language Arts Teacher of the Year award.

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

Patricia Adam, Secretary