Senate Journal 02/23/2006 11:00 AM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 23, 2006

The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate pages Tiffany Trask and Katie Manning.

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 thirtieth day and finds the following correction shall be made:

On page 621 of the Senate Journal, following line 14, insert:

"HCR 1008: A CONCURRENT RESOLUTION, Commemorating the 125^th anniversary of the establishment of the South Dakota State University.

Was read the first time.

The committee referral was waived and HCR 1008 was placed on the calendar of Thursday, February 23, the 31^st legislative day."

All other 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.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Mike Trykoski of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being "Does the Senate advise and consent to the executive appointment of Mike Trykoski pursuant to the executive message as found on page 316 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); 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:
Apa; Dempster; Hanson (Gary)

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 appointment of Mike Held of Beadle County, Huron, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being "Does the Senate advise and consent to the executive appointment of Mike Held pursuant to the executive message as found on page 316 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; 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

Excused:
Apa; Kloucek; Koetzle

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 appointment of Kyle White of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being "Does the Senate advise and consent to the executive appointment of Kyle White pursuant to the executive message as found on page 317 of the Senate Journal?"

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; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Apa; Schoenbeck

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 appointment of Audry Ricketts of Hughes County, Pierre, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being "Does the Senate advise and consent to the executive appointment of Audry Ricketts pursuant to the executive message as found on page 317 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Apa

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 appointment of Mike Ropp of Brookings County, Brookings, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being "Does the Senate advise and consent to the executive appointment of Mike Ropp pursuant to the executive message as found on page 318 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; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Olson (Ed)

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

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of HB 1147 pursuant to the veto of the Governor and the veto message found on page 636 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1147 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Adelstein; Apa; Bogue; Duenwald; Duniphan; Greenfield; Koskan; Lintz; McNenny; Smidt

So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed, the veto of the Governor notwithstanding.

COMMUNICATIONS AND PETITIONS

February 23, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 22, 2006, I approved Senate Bills 5, 6, 7, 8, 9, 14, 47, 59, 64, 66, 122, and 152, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1234 , which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 58, 62, 63, 108, 138, 172, and 180 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1072 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1072 be amended as follows:

1072jb

On page 2, after line 18 of the Senate engrossed bill, insert:

"Section 4. This Act shall become effective upon passage of an amendment to section 1917 (b)(1)(C) of the Social Security Act by the United States Congress that authorizes the establishment of a long-term care partnership program."

Respectfully submitted,                             Respectfully submitted,
Elizabeth Kraus                                    Tom Hansen
House Committee Chair                            Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 62, 63, 108, 138, 172, and 180 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 69, 142, and 184 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1008: A CONCURRENT RESOLUTION, Commemorating the 125^th anniversary of the establishment of the South Dakota State University.

Was read the second time.

Sen. Smidt moved that the Senate do concur in HCR 1008 as found on page 641 of the House Journal.

The question being on Sen. Smidt's motion that the Senate do concur in HCR 1008.

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 HCR 1008 was concurred in.

Sen. Knudson moved that the Senate do concur in House amendments to SB 68.

The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 68.

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 the amendments were concurred in.

Sen. Kelly moved that the Senate do concur in House amendments to SB 87.

The question being on Sen. Kelly's motion that the Senate do concur in House amendments to SB 87.

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; 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:
Hansen (Tom)

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

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Abdallah moved that the report of the Conference Committee on SB 207 as found on page 619 of the Senate Journal be adopted.

The question being on Sen. Abdallah's motion that the report of the Conference Committee on SB 207 be adopted.

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

Nays:
Napoli

Excused:
Two Bulls

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on HB 1009 as found on page 609 of the Senate Journal ; also

Appropriations on HB 1055 as found on page 610 of the Senate Journal ; also

Appropriations on HB 1090 as found on page 611 of the Senate Journal ; also

Taxation on HB 1128 as found on page 610 of the Senate Journal ; also

Appropriations on HB 1175 as found on page 612 of the Senate Journal ; also

Appropriations on HB 1176 as found on page 616 of the Senate Journal ; also

State Affairs on HB 1198 as found on page 605 of the Senate Journal ; also

State Affairs on HB 1222 as found on page 606 of the Senate Journal ; also

State Affairs on HB 1238 as found on page 607 of the Senate Journal ; also

Appropriations on HB 1240 as found on page 617 of the Senate Journal ; also

State Affairs on HB 1244 as found on page 608 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Earley moved that the word "not" be stricken from the report of the Committee on State Affairs on HB 1061 as found on page 608 of the Senate Journal and that the bill be placed on today's calendar.

The question being on Sen. Earley's motion that the word "not" be stricken from the report of the Committee on State Affairs on HB 1061 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 10, Nays 24, Excused 1, Absent 0

Yeas:
Apa; Earley; Gant; Greenfield; Kelly; Knudson; Koskan; Napoli; Schoenbeck; Smidt

Nays:
Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah

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

Sen. Greenfield moved that the word "not" be stricken from the report of the Committee on Education on HB 1194 as found on page 604 of the Senate Journal and that the bill be placed on today's calendar.

The question being on Sen. Greenfield's motion that the word "not" be stricken from the report of the Committee on Education on HB 1194 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Apa; Bogue; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Knudson; Koskan; Lintz; McNenny; Napoli; Schoenbeck; Smidt

Nays:
Adelstein; Bartling; Broderick; Dempster; Duniphan; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah

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

Sen. Knudson moved that the word "not" be stricken from the report of the Committee on Education on HB 1234 as found on page 645 of the Senate Journal and that the bill be placed on today's calendar.

The question being on Sen. Knudson's motion that the word "not" be stricken from the report of the Committee on Education on HB 1234 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 12, Nays 22, Excused 1, Absent 0

Yeas:
Adelstein; Broderick; Dempster; Gant; Gray; Hansen (Tom); Kloucek; Knudson; Moore; Olson (Ed); Smidt; Sutton (Dan)

Nays:
Apa; Bartling; Bogue; Duenwald; Duniphan; Earley; Greenfield; Hanson (Gary); Hundstad; Kelly; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Duane); Two Bulls

Excused:
Abdallah

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

President Pro Tempore Schoenbeck now presiding.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1060: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

Was read the second time.

The question being "Shall HB 1060 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
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:
Abdallah; Greenfield

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1079: FOR AN ACT ENTITLED, An Act to define an enrolled student.

Was read the second time.

The question being "Shall HB 1079 pass as amended?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Gant

Excused:
Abdallah; Nesselhuf; Peterson (Jim)

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 1220: FOR AN ACT ENTITLED, An Act to temporarily allow contractual agreements between certain school districts and to declare an emergency.

Was read the second time.

The question being "Shall HB 1220 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

HB 1232: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the freeze on property assessments for disabled and senior citizens.

Was read the second time.

The question being "Shall HB 1232 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Adelstein; Duniphan; Greenfield; McCracken; 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.

Sen. McCracken now presiding.

HB 1093: FOR AN ACT ENTITLED, An Act to establish certain criteria regarding the construction and sale of homes by a state agency or the South Dakota Housing Development Authority.

Was read the second time.

1093fd

Sen. Schoenbeck moved that HB 1093 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. Any house constructed or manufactured by prison inmates in the custody of the Department of Corrections may be sold for residential housing by the South Dakota Housing Development Authority if the following conditions are met:

(1) The size of the house does not exceed nine hundred sixty square feet;

(2) The purchaser is a natural person and the house will be the only residence of the purchaser;

(3) The purchaser has not previously purchased or owned an interest in any other house constructed or manufactured by prison inmates;

(4) The household income of the purchaser does not exceed seventy-five percent of the median household income for the State of South Dakota when the house is being placed in a county with a median household income that is at least ninety percent of the median household income for the State of South Dakota;

(5) The household income of the purchaser does not exceed sixty-five percent of the median household income for the Sate of South Dakota when the house is being placed in a county with a median household income that is less than ninety percent of the median household income for the State of South Dakota; and

(6) The net worth of the purchaser does not exceed a value that is twice the median household income for the State of South Dakota.

For purposes of this section, median household income means the three year average median household income as reported by the United States Census Bureau, Current Population Survey, Annual Social and Economic Supplement.

Section 2. Notwithstanding the provisions of section 1 of this Act, the South Dakota Housing Development Authority may sell houses constructed or manufactured by prison inmates in the custody of the Department of Corrections for nonresidential uses."

1093tg

Sen. Adelstein moved as a substitute motion that HB 1093 be further amended as follows:

On page 1, line 7 of the Senate State Affairs Committee engrossed bill, delete " eight hundred " and insert "one thousand ten".

On page 1 , line 8, delete " or " and insert ";".

On page 1 , delete line 9 .

On page 1 , delete lines 11 and 12 .

On page 1 , delete lines 13 and 14 , and insert:

"(4) The purchaser of the home has an annual household income that does not exceed thirty-four thousand nine hundred dollars for individuals and does not exceed thirty- nine thousand nine hundred dollars for households of three or more. For any household in which all members are less than sixty-two years of age, net worth may not exceed one hundred thousand dollars or seventy thousand dollars in liquid assets. For any household that includes at least one member who is age 62 or older, net worth may not exceed one hundred seventy-five thousand dollars or one hundred thousand dollars in liquid assets. Income and net worth amounts specified in this subdivision shall be adjusted annually for inflation based on the consumer price index prepared by the Bureau of Labor Statistics of the United States Department of Labor."

On page 2 , delete line 1 .

On page 2 , line 2, delete " (6) " and insert "(5)".

On page 2 , line 3, after " house " insert "; and

(6) The home may only be located in South Dakota and shall be purchased with the purchaser's own resources, which may include a mortgage loan but may not include a government grant, except as provided in section 2 of this Act".

On page 2 , after line 5, insert:

"Section 2. Any tribal housing improvement program approved by the Bureau of Indian Affairs under 25 C.F.R. Part 256, as amended to January 1, 2006, may assist or act on behalf of any applicant for housing under the Governor's house program as provided in this section. Such assistance, involvement, or action on behalf of any applicant by a tribal housing improvement program does not disqualify the applicant for participation in the Governor's house program if the applicant would otherwise qualify under the provisions of section 1 of this Act. Notwithstanding any other provision of law, the South Dakota Housing Development Authority shall allow all tribal housing improvement programs that are approved by the Bureau of Indian Affairs under 25 C.F.R. Part 256, as amended to January 1, 2006, and that serve tribes located in South Dakota, to participate in the acquisition of a combined total of not more than six homes during any calendar year through the Governor's house program. The authority may not prohibit such participation on the basis of the use of federal funds."

Which motion lost.

1093te

Sen. Moore moved as a substitute motion that HB 1093 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. The Executive Board of the Legislative Research Council shall appoint an interim legislative committee to study the organization, operations, and programs of the South Dakota Housing Development Authority during the 2007 Interim. The study shall include a specific review of the Governor's house program. The committee shall report its findings and recommendations to the Executive Board of the Legislative Research Council."

Sen. Gary Hanson requested a roll call vote.

Which request was supported.

The question being on Sen. Moore's motion that HB 1093 be further amended.

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Adelstein; Bartling; Bogue; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Koskan; McNenny; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

Nays:
Abdallah; Apa; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Kelly; Kooistra; Lintz; McCracken; Napoli; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Excused:
Greenfield

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

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Schoenbeck's motion that HB 1093 be further amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Abdallah; Apa; Broderick; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Kooistra; Lintz; McCracken; Napoli; Schoenbeck; Smidt; Sutton (Dan)

Nays:
Adelstein; Bogue; Dempster; Duenwald; Earley; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Koskan; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Duane); Two Bulls

Excused:
Bartling

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

The question now being "Shall HB 1093 pass as amended?"

And the roll being called:

Yeas 6, Nays 29, Excused 0, Absent 0

Yeas:
Abdallah; Duniphan; Gant; Kelly; Napoli; Schoenbeck

Nays:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); 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 the Senate do now recess until 1:20 p.m., which motion prevailed and at 12:55 p.m., the Senate recessed.

RECESS

The Senate reconvened at 1:20 p.m., the President presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

Sen. Bogue moved that HB 1238, 1244, 1055, 1090, 1240, and 1175 be immediately considered.

Which motion prevailed.

HB 1238: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase certain real property for the sole purpose of providing a site for the operation of instructional, research and service programs delivered through institutions established by the Legislature and governed by the Board of Regents, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

1238ja

Sen. Knudson moved that HB 1238 be further amended as follows:

On page 2, line 10 of the Senate State Affairs Committee engrossed bill, delete " as defined in law " .

Which motion prevailed.

The question being "Shall HB 1238 pass as amended?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Duenwald; Greenfield; Hanson (Gary); Kloucek; Koetzle; Moore; Napoli; Two Bulls

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 1244: FOR AN ACT ENTITLED, An Act to transfer funds from the property tax reduction fund, to make an appropriation to construct instructional classrooms, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1244 pass as amended?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

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

Nays:
Duenwald; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Napoli; Peterson (Jim); Two Bulls

Excused:
Greenfield

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. Kloucek announced his intention to reconsider the vote by which HB 1244 passed.

HB 1055: FOR AN ACT ENTITLED, An Act to appropriate money for international trade representation and to declare an emergency.

Was read the second time.

The question being "Shall HB 1055 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

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

Nays:
Abdallah; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Peterson (Jim); Two Bulls

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

Sen. Dempster announced his intention to reconsider the vote by which HB 1055 lost.

Earlier, Sen. Dempster announced his intention to reconsider the vote by which HB 1055 lost.

Sen. Dempster moved that the Senate do now reconsider the vote by which HB 1055 lost.

The question being on Sen. Dempster's motion to reconsider the vote by which HB 1055 lost.

And the roll being called:

Yeas 24, Nays 10, Excused 1, Absent 0

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

Nays:
Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Peterson (Jim); Two Bulls

Excused:
Greenfield

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1055 was up for reconsideration and final passage.

HB 1055: FOR AN ACT ENTITLED, An Act to appropriate money for international trade representation and to declare an emergency.

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

The question being "Shall HB 1055 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Napoli; Peterson (Jim); Two Bulls

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 1090: FOR AN ACT ENTITLED, An Act to appropriate money for compensatory payments to certain school districts and to revise provisions related to certain school district entitlements.

Was read the second time.

The question being "Shall HB 1090 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; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Schoenbeck

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 1240: FOR AN ACT ENTITLED, An Act to make an appropriation for low income energy assistance, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1240 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

HB 1175: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the reduction in state aid to education based on school district general fund balances, to appropriate funds to increase funding to education and assist sparse school districts, and to increase the distribution from the education enhancement trust fund.

Was read the second time.

Sen. Bogue moved that HB 1019 be immediately considered.

Which motion prevailed and HB 1019 was up for immediate consideration.

HB 1019: FOR AN ACT ENTITLED, An Act to revise and redirect certain revenues relating to the state capital construction fund, the ethanol fuel fund, the state highway fund, the water and environment fund, and the state general fund.

Was read the second time.

The question being "Shall HB 1019 pass?"

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Apa; Bogue; Dempster; Duniphan; Earley; Hansen (Tom); Knudson; Koskan; Lintz; McCracken; McNenny; Olson (Ed); Smidt

Nays:
Abdallah; Adelstein; Bartling; Broderick; Duenwald; Gant; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; 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. Koskan moved that HB 1233 be immediately considered.

Which motion prevailed and HB 1233 was up for immediate consideration.

HB 1233: FOR AN ACT ENTITLED, An Act to provide for the establishment and operation of artisan distillers and to revise certain provisions concerning farm wineries.

Was read the second time.

The question being "Shall HB 1233 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; Koetzle; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kooistra; Koskan

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.

Earlier, Sen. Kloucek announced his intention to reconsider the vote by which HB 1244 passed.

No member moved to reconsider the vote by which HB 1244 passed.

Sen. Bogue moved that the Senate do now recess until 3:15 p.m., which motion prevailed and at 3:00 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:15 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 23, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 23, 2006, I approved Senate Bills 28, 155, and 186, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

There being no objection, the Senate proceeded to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 68 and 87 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1199.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on 207.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1163 and has appointed Reps. O'Brien, Haley, and Jerke as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

The President announced as a like committee Sens. Gray, Koetzle, and Greenfield.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

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

The question being "Shall HB 1175 pass as amended?"

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

Nays:
Moore

Excused:
Smidt

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 1180: FOR AN ACT ENTITLED, An Act to prohibit certain acts of child abuse and endangerment and to provide penalties therefor.

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

1180oc

Sen. Napoli moved that HB 1180 be further amended as follows:

On page 1 of the Senate Judiciary Committee engrossed bill, delete lines 4 to 10 , inclusive.

1180xa

Sen. Schoenbeck moved as a substitute motion that HB 1180 be further amended as follows:

On page 1, line 7 of the Senate Judiciary Committee engrossed bill, after " shelter, " insert "or".

On page 1 , line 7, delete " , or supervision " .

Sen. Napoli requested a roll call vote.

Which request was supported.

The question being on Sen. Schoenbeck's substitute motion to further amend HB 1180.

And the roll being called:

Yeas 12, Nays 20, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Broderick; Dempster; Duenwald; Earley; Gant; Knudson; Moore; Olson (Ed); Schoenbeck; Sutton (Dan)

Nays:
Bartling; Bogue; Duniphan; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Two Bulls

Excused:
Apa; Smidt; Sutton (Duane)

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

Sen. Napoli requested a roll call vote.

Which request was supported.

The question being on Sen. Napoli's motion that HB 1180 be further amended.

And the roll being called:

Yeas 19, Nays 13, Excused 3, Absent 0

Yeas:
Bartling; Bogue; Broderick; Duniphan; Gray; Greenfield; Hansen (Tom); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Two Bulls

Nays:
Abdallah; Adelstein; Dempster; Duenwald; Earley; Gant; Hanson (Gary); Kelly; Knudson; Moore; Olson (Ed); Schoenbeck; Sutton (Dan)

Excused:
Apa; Smidt; Sutton (Duane)

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

The question now being "Shall HB 1180 pass as amended?"

And the roll being called:

Yeas 28, Nays 3, Excused 4, Absent 0

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

Nays:
Earley; Moore; Schoenbeck

Excused:
Abdallah; Apa; Smidt; Sutton (Duane)

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 1009: FOR AN ACT ENTITLED, An Act to create additional classifications of agricultural property and to revise certain provisions concerning the taxation of certain agricultural property.

Was read the second time.

1009fm

Sen. Jim Peterson moved that HB 1009 be further amended as follows:

On page 2, line 15 of the Senate Taxation Committee engrossed bill, overstrike " sixty " and insert " forty-five ".

On page 3 , line 16, delete " sixty " and insert "forty-five".

Which motion prevailed.

The question being "Shall HB 1009 pass as amended?"

And the roll being called:

Yeas 15, Nays 16, Excused 4, Absent 0

Yeas:
Bogue; Broderick; Duenwald; Gant; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed)

Nays:
Abdallah; Adelstein; Bartling; Dempster; Duniphan; Earley; Gray; Kloucek; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Excused:
Apa; Greenfield; Smidt; Sutton (Duane)

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

Sen. McNenny announced his intention to reconsider the vote by which HB 1009 lost.

Sen. Koskan moved that HB 1128 be immediately considered.

Which motion prevailed and HB 1128 was up for immediate consideration.

HB 1128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the valuation of agricultural land for ad valorem taxation.

Was read the second time.

The question being "Shall HB 1128 pass as amended?"

And the roll being called:

Yeas 27, Nays 3, Excused 5, Absent 0

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

Nays:
Hundstad; Kloucek; Kooistra

Excused:
Apa; Bartling; Koskan; Smidt; Sutton (Duane)

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 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding investigations of the Division of Insurance.

Was read the second time.

The question being "Shall HB 1058 pass as amended?"

And the roll being called:

Yeas 20, Nays 10, Excused 5, Absent 0

Yeas:
Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; McNenny; Moore; Napoli; Nesselhuf; Schoenbeck; Two Bulls

Nays:
Abdallah; Adelstein; Hundstad; Knudson; Koetzle; Kooistra; Lintz; McCracken; Peterson (Jim); Sutton (Dan)

Excused:
Apa; Koskan; Olson (Ed); Smidt; Sutton (Duane)

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

Sen. Bogue moved that the Senate do now recess until 5:00 p.m., which motion prevailed and at 4:40 p.m., the Senate recessed.

RECESS

The Senate reconvened at 5:00 p.m., the President presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

HB 1176: FOR AN ACT ENTITLED, An Act to define enrolled pupils or students for purposes of state aid to education.

Was read the second time.

The question being "Shall HB 1176 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

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

Nays:
Bartling; Gant; Hanson (Gary); Hundstad; Kloucek; Koetzle; Napoli; Two Bulls

Excused:
Smidt; Sutton (Duane)

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 1219: FOR AN ACT ENTITLED, An Act to revise the advice that a law enforcement officer must give any person arrested for driving under influence.

Was read the second time.

Sen. Ed Olson moved that HB 1219 be laid on the table.

The question being on Sen. Olson's motion that HB 1219 be laid on the table.

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Hundstad

Excused:
Smidt; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1219 was laid on the table.

HB 1198: FOR AN ACT ENTITLED, An Act to define the applicable standard of care in regard to screening of risk factors for all abortions except in the case of a medical emergency.

Was read the second time.

The question being "Shall HB 1198 pass as amended?"

And the roll being called:

Yeas 15, Nays 17, Excused 3, Absent 0

Yeas:
Apa; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Kloucek; Koskan; Lintz; McNenny; Napoli; Peterson (Jim); Schoenbeck; Sutton (Dan)

Nays:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Gray; Hanson (Gary); Hundstad; Knudson; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Two Bulls

Excused:
Bartling; Smidt; Sutton (Duane)

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

HB 1222: FOR AN ACT ENTITLED, An Act to require regental institutions to annually report to the Legislature regarding intellectual diversity.

Was read the second time.

The question being "Shall HB 1222 pass as amended?"

And the roll being called:

Yeas 15, Nays 18, Excused 2, Absent 0

Yeas:
Abdallah; Apa; Bogue; Broderick; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McNenny; Napoli; Schoenbeck

Nays:
Adelstein; Bartling; Dempster; Duniphan; Gray; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Two Bulls

Excused:
Smidt; Sutton (Duane)

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

HB 1246: FOR AN ACT ENTITLED, An Act to authorize the state to join an interstate compact for the prevention and control of forest fires.

Was read the second time.

The question being "Shall HB 1246 pass?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Yeas:
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; Two Bulls

Excused:
Abdallah; Apa; Olson (Ed); Smidt; Sutton (Dan); Sutton (Duane)

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.

Earlier, Sen. McNenny announced his intention to reconsider the vote by which HB 1009 lost.

Sen. McNenny moved that the Senate do now reconsider the vote by which HB 1009 lost.

The question being on Sen. McNenny's motion to reconsider the vote by which HB 1009 lost.

And the roll being called:

Yeas 18, Nays 13, Excused 4, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli

Nays:
Dempster; Duniphan; Earley; Kelly; Kloucek; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Excused:
Abdallah; Olson (Ed); Smidt; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1009 was up for immediate reconsideration and final passage.

HB 1009: FOR AN ACT ENTITLED, An Act to create additional classifications of agricultural property and to revise certain provisions concerning the taxation of certain agricultural property.

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

The question being "Shall HB 1009 pass as amended?"

And the roll being called:

Yeas 15, Nays 17, Excused 3, Absent 0

Yeas:
Adelstein; Apa; Bogue; Duenwald; Gray; Greenfield; Hansen (Tom); Hundstad; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed)

Nays:
Bartling; Broderick; Dempster; Duniphan; Earley; Gant; Hanson (Gary); Kelly; Kloucek; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Excused:
Abdallah; Smidt; Sutton (Duane)

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

There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 207 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

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

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 29 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 8:45 a.m. on Friday, February 24, the 32^nd legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 9 Introduced by: Senators Smidt, 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, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Tidemann, 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, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen

A LEGISLATIVE COMMEMORATION, Honoring the service and contributions of South Dakota's citizens who serve in the Armed Forces Reserve.

WHEREAS, South Dakotans continue to serve their country as members of the regular Armed Forces of the United States, as members of the South Dakota Army and Air National Guard, and as members of the Armed Forces Reserve. South Dakota's Armed Forces Reserve units include the Navy Operational Support Center in Sioux Falls and four Army Reserve units, including the 323^rd Chemical Company in Sioux Falls and Vermillion; the 1041^st Training Detachment-Engineer in Sioux Falls; the 2^nd Bn. 361^st Regiment, 94^th Division in Sioux Falls; and the 452^nd Ordnance Company in Aberdeen. These units include more than seven hundred members. In addition, many South Dakotans serve in reserve units in surrounding states; and

WHEREAS, South Dakota's Armed Forces Reserve members, like the South Dakota National Guard, serve in a demanding and uncertain environment that frequently separates them for long periods from their families and civilian employment and sometimes involves overseas combat deployments in support of Operations Iraqi Freedom and Enduring Freedom. All of South Dakota's Armed Forces Reserve units have been called to active duty for extended periods in recent years, including the 323^rd Chemical Company, which served for 14 months in Iraq, and the 453nd Ordnance Company, which is currently serving in Iraq; and

WHEREAS, the experiences of Army Captain Kelly R. Smidt of Chamberlain, Justin Drey of Colton, Brandon McCoy of Montrose, Dr. Eldon Bell of Rapid City, and many others exemplify the challenges and sacrifices endured by members of the Armed Forces Reserve. South Dakota's Armed Forces Reserve members have been called to active federal service and have served on active duty for extended periods. Their active duty service has entailed major sacrifices and disruptions to their personal and professional lives, a situation that is duplicated for countless members of the Armed Forces Reserve:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that the South Dakota Legislature recognizes and honors the dedicated service of South Dakota's members of the Armed Forces Reserve and expresses its earnest hope for the safe return of those Armed Forces Reserve members who are currently serving in harm's way.

SC 10 Introduced by: Senators Kelly, Abdallah, Adelstein, Apa, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Knudson, Kooistra, Koskan, Lintz, McCracken, McNenny, Napoli, Olson (Ed), Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane) and Representatives Heineman, Cutler, Dykstra, Frost, Kraus, Krebs, Peters, Rounds, Thompson, and Weems

A LEGISLATIVE COMMEMORATION, Commending and honoring Travis Arment, a senior business administration major at the University of Sioux Falls, for his exemplary leadership, character, and athletic achievement during his college career.

WHEREAS, Travis Arment, son of Wayne and Tammy Arment of Aberdeen, has achieved All-American status by placing nineteenth at the 2005 NAIA National Cross Country Championships, has broken his school record in both the 5,000 and 8,000 meter events, and has qualified for the 2006 NAIA National Track and Field Championships with the fastest time in the Great Plains Athletic Conference; and

WHEREAS, Travis Arment has demonstrated outstanding leadership and initiative by serving as a resident assistant at the University of Sioux Falls, serving as mentor for fifth grade students in his community, serving as a student orientation leader, being elected the president of Students in Free Enterprise, and serving as a captain of his cross country and track and field teams; and

WHEREAS, Travis Arment is the embodiment of dedication, perseverance, and servant leadership, striving each day to develop the talents he has been given, working diligently towards his goals in the face of challenges and injuries, seeking to master every endeavor with which he is involved, and being genuinely concerned and involved with the success of those around him:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Travis Arment be commended and honored for his leadership, character, and athleticism.

SIGNING OF BILLS

The President publicly read the title to

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

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.

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.

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

SB 87: FOR AN ACT ENTITLED, An Act to require a broker to obtain written consent to advertise or market property on behalf of an owner.

SB 108: FOR AN ACT ENTITLED, An Act to revise certain provisions defining employer contributions that are not deemed to be wages.

SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of an agent to receive any legal process.

SB 172: FOR AN ACT ENTITLED, An Act to authorize certain nonresident members of the South Dakota National Guard to qualify for resident tuition rates.

SB 180: FOR AN ACT ENTITLED, An Act to require consumer reporting agencies to provide security freezes for consumers who are victims of identity theft.

SB 207: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the sale, purchasing, and possession of products containing pseudoephedrine or ephedrine.

And signed the same in the presence of the Senate.

Sens. Bogue and Moore moved that the Senate do now adjourn, which motion prevailed and at 5:50 p.m. the Senate adjourned.

Patricia Adam, Secretary