Senate Journal 02/14/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 14, 2006

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

The prayer was offered by the Chaplain, Pastor Ruth Ann Loughry, followed by the Pledge of Allegiance led by Senate page Isabelle Lankhorst.

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 twenty-fourth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1015 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the House engrossed bill, delete " may " and insert "shall".

On page 1 , line 7, delete " may " and insert "shall".

On page 2, line 4, delete " may " and insert "shall".

On page 2 , line 4, after " lease " delete " back " .

On page 2, line 7 of the House engrossed bill, delete " Board of Regents may " and insert "South Dakota State University Foundation shall".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1067 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the Senate Education Committee engrossed bill, delete lines 10 to 15 , inclusive.

On page 2 , delete line 1 .

On page 1, line 2 of the Senate Education Committee engrossed bill, delete everything after " tuition " and insert ".".

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

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1157 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1217 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1162 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1212 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 12 of the printed bill, delete " or " .

On page 2 , line 13, after " tag " insert " , or one any-antelope and one doe/kid antelope tag ".

On page 2 , line 19, delete " or " .

On page 2 , line 20, after " any-antlerless deer tag " insert " , or one any-antelope and one doe/kid antelope tag ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1172 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 HB 1027, 1165, and 1188 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 HB 1224 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 Commerce respectfully reports that it has had under consideration HB 1177 and returns the same with the recommendation that said bill be amended as follows:

On page 4, after line 12 of the House Commerce Committee engrossed bill, insert:

"Section 2. That chapter 61-5 be amended by adding thereto a NEW SECTION to read as follows:

The Department of Labor and the Department of Tourism and State Development shall study and make recommendations regarding the broadening of the base of payers into the employer's investment in South Dakota's future fund. A report shall be made to the Governor and the Legislature by November 15, 2006."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1102 and tabled the same.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1137 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1084, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11 of the House engrossed bill, after " § 49-34A-1 " insert ", wastewater collection or water supply system as defined in § 34A-3-1,".

On page 1 of the House engrossed bill, delete lines 6 to 12 , inclusive, and insert:

"Notwithstanding the provisions of § 32-20-12, any board of county commissioners may, by ordinance, prohibit the operation of off-road vehicles in any highway ditch along any section of highway under its jurisdiction. However, no board of county commissioners may prohibit an off-road vehicle from crossing one side of the highway to the other. This section does not affect off-road vehicles used in normal agricultural operation or service vehicles of any utility while in the line of duty for the utility. For the purposes of this section, the term, utility, means any provider of electric, gas, water, or telecommunications service.

Notice of any restriction made pursuant to this section shall be given by placing and maintaining signs at each end of the section of highway and at each point of intersection. The signs shall be of substantial construction which conspicuously indicates the restriction."

On the previously adopted amendment (1084fj), in the last sentence of paragraph one, after "water," insert "sewer, pipeline,".

On the previously adopted amendment (1084fj), in the first sentence of the second paragraph, after "maintaining" insert "regulatory".

And that as so amended said bill do pass.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 32, 71, 77, 78, 101, and 119 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 24, 33, 34, 38, 40, 97, 146, and 183 were delivered to his Excellency, the Governor, for his approval at 10:08 a.m., February 14, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 32, 71, 77, 78, 101, and 119 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 5: A CONCURRENT RESOLUTION, Recognizing the contributions of private landowners to the support of big game populations and requesting the Department of Game, Fish and Parks to alleviate financial losses to private landowners through wildlife depredation.

Was read the second time.

Sen. Napoli moved that SCR 5 as found on page 471 of the Senate Journal be adopted.

The question being on Sen. Napoli's motion that SCR 5 be adopted.

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 majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

CONSIDERATION OF REPORT OF COMMITTEE

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

Judiciary on HB 1149 as found on page 469 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to domestic limited liability companies, domestic limited liability partnerships, and the appointment of certain agents.

Was read the second time.

The question being "Shall HB 1135 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 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding an increase of the prizes that certain lotteries may award.

Was read the second time.

Sen. Apa moved that HB 1054 be further amended as follows:

On page 1, line 9 of the House State Affairs Committee engrossed bill, overstrike " a political party; " .

On page 1 , line 9, overstrike everything after " department; " .

On page 1 , overstrike lines 10 and 11 .

Which motion lost.

The question being "Shall HB 1054 pass as amended?"

And the roll being called:

Yeas 24, Nays 11, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Nays:
Apa; Earley; Hanson (Gary); Kelly; Kloucek; Knudson; Kooistra; Koskan; Moore; Smidt; 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.

HB 1069: FOR AN ACT ENTITLED, An Act to prohibit the public sale of tax certificates.

Was read the second time.

The question being "Shall HB 1069 pass as amended?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Kelly; Knudson; Kooistra

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.

HB 1080: FOR AN ACT ENTITLED, An Act to restrict the use of eminent domain under certain circumstances and to protect certain private property rights from acquisition by the use or threat of eminent domain.

Was read the second time.

The question being "Shall HB 1080 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 1091: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

Was read the second time.

The question being "Shall HB 1091 pass as amended?"

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.

HB 1127: FOR AN ACT ENTITLED, An Act to authorize the Gaming Commission to fund gambling addiction treatment programs.

Was read the second time.

The question being "Shall HB 1127 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 1132: FOR AN ACT ENTITLED, An Act to create immunity for reporting prenatal alcohol or substance abuse.

Was read the second time.

The question being "Shall HB 1132 pass as amended?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, 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); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Napoli

Excused:
Apa; Peterson (Jim); Smidt

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 1141: FOR AN ACT ENTITLED, An Act to provide standards for interpreting for the deaf and hard-of-hearing by requiring national interpreter certification and to repeal the state certification process and replace it with registration.

Was read the second time.

The question being "Shall HB 1141 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Schoenbeck

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 1173: FOR AN ACT ENTITLED, An Act to limit the authority of the state agencies to promulgate rules restricting the application of permits to carry a concealed pistol.

Was read the second time.

The question being "Shall HB 1173 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; 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:
Dempster

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 1186: FOR AN ACT ENTITLED, An Act to provide a procedure for implementing the standard visitation guidelines.

Was read the second time.

The question being "Shall HB 1186 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, 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; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Bogue; Moore

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 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of confiscated weapons and firearms.

Was read the second time.

The question being "Shall HB 1075 pass as amended?"

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.

President Pro Tempore Schoenbeck now presiding.

HB 1035: FOR AN ACT ENTITLED, An Act to revise the renewal fee paid by medical assistants.

Was read the second time.

The question being "Shall HB 1035 pass?"

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duniphan; Gray; Hansen (Tom); Knudson; Nesselhuf; Olson (Ed); Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Duenwald; Earley; Gant; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Duane)

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

HB 1038: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians and certain dentists who have complied with the requirements of the physician tuition reimbursement program and the dental tuition reimbursement program.

Was read the second time.

The question being "Shall HB 1038 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.

HB 1071: FOR AN ACT ENTITLED, An Act to amend the composition, supervision, and functioning of the State Seed Certification Board.

Was read the second time.

The question being "Shall HB 1071 pass as amended?"

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.

HB 1072: FOR AN ACT ENTITLED, An Act to direct the Department of Social Services to establish the South Dakota long-term care partnership program.

Was read the second time.

Sen. Bogue moved that HB 1072 be deferred to Wednesday, February 15, the 26^th legislative day.

Which motion prevailed.

HB 1082: FOR AN ACT ENTITLED, An Act to provide for uniform jurisdiction in the regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.

Was read the second time.

The question being "Shall HB 1082 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; 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:
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 1111: FOR AN ACT ENTITLED, An Act to require certain third party administrators to provide reports of claims experience upon request.

Was read the second time.

Sen. Dan Sutton moved that HB 1111 be amended as follows:

On page 1, line 12 of the printed bill, after " needs " insert "and shall be provided to the employer within thirty days of receipt of the written request of the employer".

Which motion prevailed.

The question being "Shall HB 1111 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, 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; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
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 1112: FOR AN ACT ENTITLED, An Act to exempt certain real property owned by local industrial development corporations from property taxation.

Was read the second time.

The President now presiding.

Sen. Knudson moved that HB 1112 be further amended as follows:

On page 1, line 10 of the House Taxation Committee engrossed bill, after " taxed. " insert "If any municipality has more than one local industrial development corporation owning real property within its incorporated boundaries, the total value of exempt property provided by this section shall be equally divided between each local industrial development corporation."

Which motion prevailed.

The question being "Shall HB 1112 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, 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; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek; Koetzle; Moore

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 1113: FOR AN ACT ENTITLED, An Act to exempt claims related to wildland fire operations outside the state from certain workers' compensation provisions and to declare an emergency.

Was read the second time.

The question being "Shall HB 1113 pass as amended?"

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

Nays:
Koetzle; Nesselhuf

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.

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain persons from jury duty because of religious beliefs.

Was read the second time.

The question being "Shall HB 1204 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

HB 1206: FOR AN ACT ENTITLED, An Act to provide contractors' excise, sales, and use tax refunds for the filming of certain motion pictures, documentaries, television advertisements, or television films.

Was read the second time.

Sen. Knudson moved that HB 1206 be deferred to Wednesday, February 15, the 26^th legislative day.

Which motion prevailed.

HB 1226: FOR AN ACT ENTITLED, An Act to expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

Was read the second time.

The question being "Shall HB 1226 pass as amended?"

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 1227: FOR AN ACT ENTITLED, An Act to provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

Was read the second time.

The question being "Shall HB 1227 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 1239: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1239 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.

HB 1243: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

Was read the second time.

The question being "Shall HB 1243 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.

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1134.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 32: FOR AN ACT ENTITLED, An Act to reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

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

SB 77: FOR AN ACT ENTITLED, An Act to extend the time between a municipal candidate election and a secondary election.

SB 78: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the submission of direct legislation to a vote of the people at a general election.

SB 101: FOR AN ACT ENTITLED, An Act to establish the Public Utilities Commission as a separate agency.

SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the use of the emergency rule adoption procedure.

HB 1011: FOR AN ACT ENTITLED, An Act to increase the funds that may be expended to construct a student wellness center at South Dakota State University.

HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding standards for school district radio equipment.

HB 1024: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for the appointment of the director of vocational education.

HB 1039: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the disposition of funds collected on local exchange service lines, cellular telephones, and radio pager devices.

HB 1070: FOR AN ACT ENTITLED, An Act to prohibit insurers from taking certain actions based on receipt of a notice of hearing and charges against insurance producers and to require that persons receiving such notice also receive notice of the final determination of the matter.

HB 1189: FOR AN ACT ENTITLED, An Act to exempt the value of motor vehicles donated to certain nonprofit corporations from state taxes.

HJR 1003: A JOINT RESOLUTION, To revise certain constitutional provisions regarding the Legislature.

And signed the same in the presence of the Senate.

Sen. Abdallah moved that the Senate do now adjourn, which motion prevailed and at 4:10 p.m. the Senate adjourned.

Patricia Adam, Secretary