JOURNAL OF THE SENATE

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THIRTY-FOURTH DAY

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STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 28, 2006

     The Senate convened at 8:30 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Sydney Jones.

     Roll Call: All members present.

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-third 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.

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MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1167 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Taxation Committee engrossed version.

Respectfully submitted,                             Respectfully submitted,
Hal G. Wick                                        Brock L. Greenfield
House Committee Chair                            Senate Committee Chair

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1020, 1055, 1090, and 1240.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has passed HB 1141 over the veto of the Governor. The veto message of the Governor is found on page 742 of the House Journal.

    We hereby request your favorable consideration in passing HB 1141, the veto of the Governor notwithstanding.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 98, 143, 148, and 184 and HB 1163 and 1236 and HJR 1001.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Koskan moved that SB 168 be placed at the bottom of today's calendar.

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    Which motion prevailed.

     Sen. Knudson moved that the report of the Conference Committee on HB 1128 as found on page 706 of the Senate Journal be adopted.

     The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1128 be adopted.

     And the roll being called:

     Yeas 23, Nays 8, Excused 4, Absent 0

     Yeas:
Adelstein; Dempster; Duenwald; Duniphan; Gant; Gray; Hansen (Tom); Hanson (Gary); Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Abdallah; Bartling; Broderick; Greenfield; Hundstad; Kloucek; Koetzle; Kooistra

     Excused:
Apa; Bogue; Earley; Schoenbeck

     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.

    Sen. Koskan moved that the Senate do now recess for 1 hour.

    Which motion prevailed.

    The Senate reconvened, the President presiding.

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

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 98 and 148 and finds the same correctly enrolled.

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Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 1, 19, 44, 73, 81, 100, 130, 154, 157, and 202 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 28, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

     Sen. Duane Sutton moved that SB 143 be recalled and rescind the vote on the Conference Committee Report on SB 143 as found on page 709 of the Senate Journal.

     Which motion prevailed.

     Sen. Duane Sutton moved that the Senate do not adopt the report of the Conference Committee on SB 143 as found on page 709 of the Senate Journal and that the same committee be reappointed.

     Which motion prevailed and the President announced as such committee Sens. Duane Sutton, Gray, and Bartling.

     Sen. Greenfield moved that HB 1110 be immediately reconsidered.

     Which motion prevailed and HB 1110 was up for immediate reconsideration.

     HB 1110:   FOR AN ACT ENTITLED, An Act to   provide compensation to certain retailers for collecting and remitting the sales tax.

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

1110oc

     Sen. Greenfield moved that HB 1110 be further amended as follows:

     On the House Taxation Committee engrossed bill, delete everything after the enacting clause and insert:

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    "Section 1. Any person required to file a return and remit the tax imposed by chapter 10-45 on a monthly basis and who timely files the return and pays the tax is allowed, as compensation for the expense of collecting and paying the tax monthly, a credit equal to one and one-half percent of the gross amount of the tax due. However, the credit may not exceed seventy dollars per month.

     Section 2. When the balance in the tax relief fund exceeds ten million dollars, a collection allowance established pursuant to section 1 of this Act shall become effective the following July first."

     Which motion prevailed.

     The question being "Shall HB 1110 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 7, Excused 4, Absent 0

     Yeas:
Bartling; Bogue; Duenwald; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Kloucek; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Abdallah; Adelstein; Broderick; Dempster; Knudson; Kooistra; Smidt

     Excused:
Apa; Earley; Hanson (Gary); Kelly

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

     The question being on the title.

     Sen. Greenfield moved that the title to HB 1110 be amended as follows:

     On page 1, line 2 of the House Taxation Committee engrossed bill, after " tax " insert "after a certain threshold is met".

     Which motion prevailed.

    Sen. Bogue moved that the Senate do now recess for 2½ hours.

    Which motion prevailed.

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    The Senate reconvened, the President presiding.

     There being no objection, the Senate reverted to Order of Business No. 6.

MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 143 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 143 be amended as follows:

     On page 1, line 3 of the House engrossed bill, delete " five hundred " and insert "seven hundred fifty".

     On page 1 , line 4, delete " ($500,000) " and insert "($750,000)".

Respectfully submitted,                             Respectfully submitted,
Larry Tidemann                                    Duane Sutton
House Committee Chair                            Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 153 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 153 be amended as follows:

     On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " thirty million dollars ($30,000,000) " and insert "thirty-eight million dollars ($38,000,000)".

Respectfully submitted,                             Respectfully submitted,
Ted A. Klaudt                                    William F. Earley
House Committee Chair                            Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1238 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1238 be amended as follows:

     On page 1, line 9 of the Senate engrossed bill, delete " six " and insert "eighteen".

     On page 3 , delete lines 18 and 19 .

     On page 3, between lines 19 and 20 of the Senate engrossed bill, insert:

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    "Section 7. The Board of Regents shall prepare a comprehensive plan for the instructional and research missions of the public universities. The plan shall address the time frame of the first quarter of the twenty-first century. The plan shall include the following elements:

             (1)    Demographic patterns of the different populations sectors served by postsecondary education including:

             (a)    Dual enrollment of high school students;

             (b)    Traditional age students eighteen to twenty-three years of age, inclusive;

             (c)    Nontraditional students twenty-four years of age and over; and

             (d)    Continuing education of the workforce;

             (2)    Access to higher education through different approaches including:

             (a)    Residential campuses--Black Hills State University, Dakota State University, Northern State University, South Dakota School of Mines and Technology, South Dakota State University, and University of South Dakota;

             (b)    Satellite campuses--Rapid City, Sioux Falls, Pierre;

             (c)    Distance education--Electronic University Consortium;

             (d)    Technical institute partnerships; and

             (e)    Relationships with other accredited institutions--Native American, independent, and proprietary institutions;

             (3)    Activities and responses to the goals of the Governor's 2010 Economic Development and 2010 Education Initiatives;

             (4)    Comparative information on state higher education policy; and

             (5)    Recommendations for changes necessary to respond to demographic patterns and access to instructional and research mission opportunities.

     The Board of Regents shall submit the plan and report to the Governor and Legislature no later than November 15, 2006.

     Section 8. The Board of Regents shall prepare a report containing the mission, function, and activities of the Cooperative Extension Service to the Legislature no later than November 15, 2006."

     On page 1, line 4 of the Senate engrossed bill, after " therefor, " insert "to require the Board of Regents to submit a comprehensive plan and to make certain reports,".

Respectfully submitted,                             Respectfully submitted,
J.E. "Jim" Putnam                                Jerry Apa
House Committee Chair                            Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1244 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1244 be amended as follows:

     On page 1, line 4 of the Senate State Affairs Committee engrossed bill, delete " one dollar ($1) " and insert "eight million dollars ($8,000,000)".

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     On page 1 , line 6, delete " one dollar ($1) " and insert "eight million dollars ($8,000,000)".

     On page 2, between lines 20 and 21 of the Senate State Affairs Committee engrossed bill, insert:

    "Section 6. That § 4-7-6 be amended to read as follows:

     4-7-6.   The commissioner of administration, attorney general, state treasurer, state auditor-general, secretary of revenue, and state auditor , and the executive director of the Board of Regents shall render such advice and assistance, and furnish such information to the Bureau of Finance and Management as may be requested. "

     On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 4 and 5 .

     On page 1 , line 7, delete " other fund expenditure authority " and insert "general funds".

     On page 1 , line 14, delete " section 2 " and insert "section 1".

     On page 1 , line 1, of the Senate State Affairs Committee engrossed bill, delete everything after "Act to"

     On page 1 , line 2, after " classrooms, " insert "to require certain reporting,".

Respectfully submitted,                             Respectfully submitted,
J.E. "Jim" Putnam                                Jerry Apa
House Committee Chair                            Senate Committee Chair

    Sen. Koskan moved that the Senate do now recess for 30 minutes.

    Which motion prevailed.

    The Senate reconvened, the President presiding.

     There being no objection, the Senate reverted to Order of Business No. 6.

MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1060 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,             Respectfully submitted,
Larry Rhoden                    Eric H. Bogue
House Committee Chair            Senate Committee Chair

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     The Senate proceeded to the reconsideration of HB 1141 pursuant to the veto of the Governor and the veto message found on page 742 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     Sen. Bogue moved that consideration of the Executive Veto of HB 1141 be placed at the bottom of today's calendar.

     Which motion prevailed.

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the Report of the Conference Committee on HB 1128 and no new committee was appointed.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1167.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has reappointed Reps. Tidemann, Frost, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 143.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Smidt moved that the Senate do concur in House amendments to SB 168.

     The question being on Sen. Smidt's motion that the Senate do concur in House amendments to SB 168.

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     And the roll being called:

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

     Nays:
Apa; Nesselhuf

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

     Sen. McNenny moved that the rules be suspended for the purposes of suspending the rule that requires notice of intent to move for reconsideration and the rule that requires unanimous consent for reconsidering the vote by which HB 1009 lost a second time.

     The question being on Sen. McNenny's motion that the rules be suspended for the purposes of suspending the rule that requires notice of intent to move for reconsideration and the rule that requires unanimous consent for reconsidering the vote by which HB 1009 lost a second time.

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

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

     Nays:
Bartling; Kloucek; Koetzle; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried.

     Sen. McNenny moved that HB 1009 be immediately reconsidered.

     Which motion prevailed and HB 1009 was up for immediate reconsideration.

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     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.

1009fn

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

     On page 6 of the Senate Taxation Committee engrossed bill, delete line 8 and insert:

    "Section 8. Sections 1 to 7, inclusive, are effective on July 1, 2007 .

         Section 9. That § 10-6-33.25 be amended to read as follows:

     10-6-33.25.   For the purposes of § 10-6-33.24, the agricultural income value shall be determined using capitalized annual cash rent. The annual cash rent is the annual cash rent, excluding the per acre tax on agricultural land, determined through an analysis of arms-length rental agreements collected within the county in the three years prior to the year for which the agricultural income value is being determined. The agricultural income value of cropland shall be based on average rents over a three-year period for cropland under natural conditions. The agricultural income value of noncropland shall be based on average rents over a three-year period for noncropland under natural conditions. However, no arms-length rental agreements for irrigated land may be used to determine the annual cash rent pursuant to this section. The annual cash rent shall be capitalized at seven and three-fourths six and one-fifth percent.

     The secretary of revenue and regulation may enter into a contract for the collection of cash rent information by county. Cash rent information shall be adjusted by soil survey statistics, if available, and pursuant to § 10-6-33.26.

     Section 10. Section 9 of this Act is repealed on July 1, 2007."

     Which motion prevailed.

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

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

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

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

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

     The question being on the title.

     Sen. Knudson moved that the title to HB 1009 be amended as follows:

     On page 1, line 1 of the Senate Taxation Committee engrossed bill, after " property " insert ", to revise certain provisions concerning the valuation of agricultural land for ad valorem taxation,".

     Which motion prevailed.

     Sen. Duane Sutton moved that the report of the Conference Committee on SB 143 as found on page 718 of the Senate Journal be adopted.

     The question being on Sen. Sutton's motion that the report of the Conference Committee on SB 143 be adopted.

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, Absent 0

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

     Nays:
Abdallah; Duniphan; Kooistra

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

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     Sen. Earley moved that the report of the Conference Committee on SB 153 as found on page 718 of the Senate Journal be adopted.

     The question being on Sen. Earley's motion that the report of the Conference Committee on SB 153 be adopted.

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent 0

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

     Nays:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

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

     Sen. Greenfield moved that the report of the Conference Committee on HB 1167 as found on page 714 of the Senate Journal be adopted.

     The question being on Sen. Greenfield's motion that the report of the Conference Committee on HB 1167 be adopted.

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, Absent 0

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

     Nays:
Adelstein; Broderick; Kooistra; Napoli

     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.

     Sen. Apa moved that the report of the Conference Committee on HB 1238 as found on page 718 of the Senate Journal be adopted.

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     The question being on Sen. Apa's motion that the report of the Conference Committee on HB 1238 be adopted.

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, 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; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Napoli; Peterson (Jim); Two Bulls

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

     Sen. Apa moved that the report of the Conference Committee on HB 1244 as found on page 719 of the Senate Journal be adopted.

     The question being on Sen. Apa's motion that the report of the Conference Committee on HB 1244 be adopted.

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, 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; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Napoli; Peterson (Jim); Two Bulls

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

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

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MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 168 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

     There being no objection, the Senate proceeded to Order of Business No. 6.

MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 198 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 198 be amended as follows:

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

    "Section 1. There is hereby appropriated from the state general fund the sum of six million five hundred thousand dollars ($ 6,500,000 ), or so much thereof that may be necessary, to the Department of Education. The secretary of the Department of Education shall distribute the funds to school districts pursuant to sections 3 and 4 of this Act based on average daily membership as defined in subdivision 13-13-10.1(1) at the same time that foundation program state aid is distributed to school districts pursuant to § §  13-13-10.1 to 13-13-41, inclusive.

     Section 2. The secretary of the Department of Education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

     Section 3. School districts that meet adequate yearly progress in reading and math under the terms of the state's accountability system established in §  13-3-62 shall receive funding according to the provisions of section 1 of this Act.

     Section 4. Those school districts that fail to meet adequate yearly progress under the terms of the state's accountability system established in §  13-3-62 may apply to the department for a grant to assist the district in meeting future academic targets. In order to qualify for a grant, a school district shall submit to the department a school district improvement plan outlining the steps the district will undertake to reach adequate yearly progress, and the plan shall be approved by the secretary of education. However, no grant may be awarded to a school district in an amount that exceeds what that school district would have received if it had achieved adequate yearly progress.

     Section 5. There is hereby appropriated from the state general fund the sum of one million five hundred thousand dollars ($ 1,500,000 ), or so much thereof as may be necessary, to the Department of Education for distribution to sparse school districts pursuant to this Act.

     Section 6. Terms used in this Act mean:

             (1)    "Sparse school district," a school district that meets each of the following criteria:

             (a)    Has an average daily membership per square mile of 0.50 or less;

             (b)    Has an average daily membership of five hundred or less;

             (c)    Has an area of four hundred square miles or more;

             (d)    Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;

             (e)    Operates a secondary attendance center;

             (f)    Levies ad valorem taxes at the maximum rates allowed pursuant to §  10-12-42 or more; and

             (g)    Has a general fund balance percentage of thirty percent or less excluding revenue received from opting out of property tax limitations pursuant to chapter 10-12;

             (2)    "Sparsity average daily membership," calculated as follows:

             (a)    For sparse school districts with an adjusted average daily membership as defined in subdivision 13-13-10.1(2) of less than one hundred or greater than two hundred seventy-five, divide the average daily membership as defined in subdivision 13-13-10.1(1) by the area of the school district in square miles;

             (b)    Multiply the quotient obtained in subsection (a) times negative 0.125;

             (c)    Add 0.0625 to the product obtained in subsection (b); and

             (d)    Multiply the sum obtained in subsection (c) times the average daily membership;

             (3)    "Sparsity adjusted average daily membership," calculated as follows: For any sparse school district with an adjusted average daily membership as defined in subdivision 13-13-10.1(2) of no less than one hundred, but no more than two hundred seventy- five, the sparsity adjusted average daily membership is two hundred seventy-five.

     Section 7. At the same time that foundation program state aid is distributed to school districts pursuant to § §  13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute funds to sparse school districts by multiplying either the sparsity average daily membership calculation or the sparsity adjusted average daily membership calculation in section 6 of this Act by the per student allocation as defined in §  13-13-10.1. However, no sparse school district may receive a sparsity benefit in any year that exceeds two hundred fifty thousand dollars.

     Section 8. Sections 6 and 7 of this Act are repealed on June 30, 2009.

     Section 9. That § 13-13-10.1 be amended to read as follows:

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     13-13-10.1.   Terms used in this chapter mean:

             (1)      "Average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district during the previous regular school year, minus average number of pupils for whom the district receives tuition, except pupils described in subdivision (1A) and pupils for whom tuition is being paid pursuant to § 13-28-42 and plus the average number of pupils for whom the district pays tuition;

             (1A)      Nonresident students who are in the care and custody of the Department of Social Services, the Unified Judicial System, the Department of Corrections, or other state agencies and are attending a public school may be included in the average daily membership of the receiving district when enrolled in the receiving district. When counting a student who meets these criteria in its general enrollment average daily membership, the receiving district may begin the enrollment on the first day of attendance. The district of residence prior to the custodial transfer may not include students who meet these criteria in its general enrollment average daily membership after the student ceases to attend school in the resident district;

             (2)      "Adjusted average daily membership," calculated as follows:

             (a)      For districts with an average daily membership of two hundred or less, multiply 1.2 times the average daily membership;

             (b)      For districts with an average daily membership of less than six hundred, but greater than two hundred, raise the average daily membership to the 0.8293 power and multiply the result times 2.98;

             (c)      For districts with an average daily membership of six hundred or more, multiply 1.0 times their average daily membership;

             (3)      "Index factor," is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment or three percent, whichever is less;

             (4)      "Per student allocation," for school fiscal year 2006 is $4,237.72. Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

             (5)      "Local need," the per student allocation multiplied by the adjusted average daily membership;

             (6)      "Local effort," the amount of ad valorem taxes generated in a school fiscal year by applying the levies established pursuant to § 10-12-42;

             (7)      "General fund balance," the unreserved fund balance of the general fund, less general fund exclusions plus, beginning with transfers made in fiscal year 2001, any transfers out of the general fund for the previous school fiscal year;

             (8)      "General fund balance percentage," is a school district's general fund balance divided by the school district's total general fund expenditures for the previous school fiscal year, the quotient expressed as a percent;

             (9)      "General fund base percentage," is the general fund balance percentage as of June 30, 2000. However, the general fund base percentage can never increase and can never be less than twenty percent;

             (10)      "Allowable general fund balance," the fund base percentage multiplied by the district's general fund expenditures in the previous school fiscal year;

             (11)      "Imputed interest rate," the average prime rate for the preceding fiscal year minus 2.5 percentage points;

---

             (12)      "General fund exclusions," revenue a school district has received from the imposition of the excess tax levy pursuant to § 10-12-43; revenue a school district has received from gifts, contributions, grants, or donations; revenue a school district has received under the provisions of §§ 13-6-92 to 13-6-96, revenue a school district has received as compensation for being a sparse school district under the terms of this Act, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

     Section 10. That section 4 of chapter 94 of the 2005 Session Laws be amended to read as follows:

     Section 4. The Department of Education shall provide an interim report to the Legislature no later than December 1, 2005. The interim report shall include preliminary findings regarding sparse schools, and a final report shall follow no later than December 1, 2006 , addressing the factors enumerated in section 2 and including proposed legislation shall be submitted to the Governor no later than November 15, 2006, and copies of the report shall be provided to the Legislature . "

     On page 1, line 1 of the House State Affairs Committee engrossed bill, delete everything after " An Act to " and insert "appropriate funds to increase funding to education and to assist sparse school districts and to require legislation as part of the final report of the study of school funding."

     On page 1 , delete line 2 .

Respectfully submitted,                             Respectfully submitted,
Larry Rhoden                                    Lee Schoenbeck
House Committee Chair                            Senate Committee Chair

     There being no objection, the Senate proceeded to Order of Business No. 9.

     Sen. Schoenbeck moved that the report of the Conference Committee on SB 198 as found on page 727 of the Senate Journal be adopted.

     The question being on Sen. Schoenbeck's motion that the report of the Conference Committee on SB 198 be adopted.

     And the roll being called:

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

     Nays:
Moore

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

     Sen. Bogue moved that the report of the Conference Committee on HB 1060 as found on page 720 of the Senate Journal be adopted.

     The question being on Sen. Bogue's motion that the report of the Conference Committee on HB 1060 be adopted.

     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; 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:
Abdallah; Schoenbeck

     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.

    Sen. Bogue moved that the Senate do now recess for 1½ hours.

    Which motion prevailed.

    The Senate reconvened, the President presiding.

    Sen. Bogue moved that the Senate do now recess for 50 minutes.

    Which motion prevailed.

    The Senate reconvened, the President presiding.

---

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

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 153 and 198 and HB 1060, 1238, and 1244.

Respectfully,
Karen Gerdes, Chief Clerk

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

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 153 and 198 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

     There being no objection, the Senate proceeded to Order of Business No. 6.

MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1175 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1175 be amended as follows:

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

    "Section 1. That § 13-27-1 be amended to read as follows:

---

     13-27-1.   Every person having control of a child , who is six not younger than five or older than six years old by the first day of September and who has not exceeded the age of sixteen, shall cause the child to regularly and annually attend some public or nonpublic school for the entire term during which the public school in the district in which the person resides, or the school to which the child is assigned to attend, is in session, until the child reaches the age of sixteen years, unless excused as provided in this chapter.

     Any child under age six enrolled in any elementary school or kindergarten program is subject to the compulsory attendance statutes of this state. A waiver of the compulsory attendance requirement for children under the age of seven years of age shall be granted by the school district upon the request of the parents. All children shall attend kindergarten prior to age seven. Any child who transfers from another state may proceed in a continuous educational program without interruption if the child has not previously attended kindergarten.

     Section 2. That § 13-26-1 be amended to read as follows:

     13-26-1.   The school fiscal year shall begin July first and end June thirtieth. Each local school board shall set the number of days in a school term, the length of a school day, and the number of school days in a school week. The local school board or governing body shall establish the number of hours in the school term for kindergarten programs , which may not be less than four hundred thirty-seven and one-half hours . The Board of Education shall promulgate rules pursuant to chapter 1-26 setting the minimum number of hours in the school term for grades one through three. The number of hours in the school term for grades four through twelve may not be less than nine hundred sixty-two and one-half hours, exclusive of intermissions. An intermission is the time when pupils are at recess or lunch.

     Section 3. That § 13-28-2 be amended to read as follows:

     13-28-2.   Any child who is five years old on the first day of September is eligible for enrollment in kindergarten during that school year. Any child who is six years old by September first is eligible for enrollment in first grade during that school year. Any child in a kindergarten or prekindergarten program who was in compliance with the statutory eligibility dates in effect at the time of his enrollment may proceed in a continuous educational program without interruption. Any child who transfers from another state may proceed in a continuous educational program without interruption.

     Any child under the age of five is eligible for admittance to a nursery school.

     Section 4. This Act is effective on July 1, 2010."

     On page 1, line 1 of the Senate Appropriations Committee engrossed bill, delete everything after " Act to " and insert "require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs."

     On page 1 , delete lines 2 to 4 , inclusive.

Respectfully submitted,                             Respectfully submitted,
Larry Rhoden                                    Lee Schoenbeck
House Committee Chair                            Senate Committee Chair

---

     Sen. Schoenbeck moved that the report of the Conference Committee on HB 1175 as found on page 732 of the Senate Journal be adopted.

     The question being on Sen. Schoenbeck's motion that the report of the Conference Committee on HB 1175 be adopted.

     And the roll being called:

     Yeas 20, Nays 13, Excused 2, Absent 0

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

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

     Excused:
McNenny; 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.

     Sen. Bogue moved that HB 1141 be deferred to Monday, March 20, the 35^th legislative day.

     Which motion prevailed.

    Sen. Bogue moved that the Senate do now recess.

    Which motion prevailed.

    The Senate reconvened, President Pro Tempore Schoenbeck presiding.

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

---

MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 209 and returns the same with the recommendation that said bill be amended as follows:

209ak

     On page 4, line 4 of the printed bill, DECREASE operating expenses GENERAL FUNDS $500,000 and INCREASE operating expenses OTHER FUNDS $500,000.

Adjust all totals accordingly.

DESCRIPTION: Reduce South Dakota Public Broadcasting general funds by $500,000.

209hb

     On page 4, line 32 of the printed bill, INCREASE operating expenses GENERAL FUNDS $100,000.

Adjust all totals accordingly.

DESCRIPTION: Add $100,000 (SGF) for the operational expenses of the South Dakota Risk Pool.

209zk

     On page 5, line 31 of the printed bill, DECREASE personal services OTHER FUNDS $21,611.

Adjust all totals accordingly.

DESCRIPTION: Eliminate bank examiner career enhancement program.

209ac

     On page 7, line 18 of the printed bill, DECREASE personal services OTHER FUNDS $852,880.

     On page 7, line 19, DECREASE operating expenses GENERAL FUNDS $260,000 and DECREASE operating expenses OTHER FUNDS $1,006,661.

     On page 7, line 22, DECREASE FTEs 19.5.

     On page 7 , between lines 22 and 23, insert:

"(4) State Fair
Personal Services	$0	$0	$852,880	$852,880
Operating Expenses	$0	$0	$1,006,661	$1,006,661
Total	$0	$0	$1,859,541	$1,859,541
FTE				19.5"

     Adjust all totals accordingly.

DESCRIPTION: Appropriate the state fair budget on a separate line item and decrease state fair general funds by $260,000.

209mh

     On page 8, line 47 of the printed bill, DECREASE operating expenses GENERAL FUNDS $780,000.

     On page 18, line 26, DECREASE operating expenses OTHER FUNDS $500,000.

     On page 18, line 29, DECREASE FTEs 5.0.

Adjust all totals accordingly.

DESCRIPTION: Reduce Department of Tourism and State Development's state general funds by $780,000 ($280,000_CEO Centers; $500,000_2010 Research Centers) and the corresponding pass through amount in the Board of Regents. ($500,000 other funds and 5.0 FTEs)

209mi

     On page 9, line 10 of the printed bill, DECREASE personal services OTHER FUNDS $48,534.

Adjust all totals accordingly.

DESCRIPTION: Eliminate requested personal services money for a staff archaeologist to work on Department of Transportation projects.

209ui

     On page 11, line 4 of the printed bill, INCREASE operating expenses GENERAL FUNDS $72,896 and INCREASE operating expenses FEDERAL FUNDS $2,500.

Adjust all totals accordingly.

DESCRIPTION: Increase funding for Homemaker Services.

209zd

     On page 15 of the printed bill, delete lines 23 to 35 , inclusive, and insert:

---

"	GENERAL FUNDS	FEDERAL FUNDS	OTHER FUNDS	TOTAL FUNDS
DEPARTMENT TOTAL, LABOR
Personal Services	$537,973	$15,663,458	$3,433,590	$19,635,021
Operating Expenses	$287,320	$20,581,439	$2,897,257	$23,766,016
TOTAL	$825,293	$36,244,897	$6,330,847	$43,401,037
F.T.E.				434.5
SECTION 10. PUBLIC UTILITIES COMMISSION
Public Utilities Commission
Personal Services	$503,508	$61,627	$1,702,678	$2,267,813
Operating Expenses	$82,866	$286,931	$1,286,009	$1,655,806
TOTAL	$586,374	$348,558	$2,988,687	$3,923,619
F.T.E.				30.7
DEPARTMENT TOTAL, PUBLIC UTILITIES COMMISSION
Personal Services	$503,508	$61,627	$1,702,678	$2,267,813
Operating Expenses	$82,866	$286,931	$1,286,009	$1,655,806
TOTAL	$586,374	$348,558	$2,988,687	$3,923,619
F.T.E.				30.7"

Adjust all totals accordingly.

Description: SB101 separated Public Utilities Commission from the Department of Labor.

209ad

     On page 15, line 40 of the printed bill, DECREASE operating expenses OTHER FUNDS $890,927.

Adjust all totals accordingly.

DESCRIPTION: Decrease of $890,927 in the travel budget for reimbursement of non-overnight meals.

209zb

     On page 16 of the printed bill, delete lines 38 to 43 , inclusive.

Adjust all totals accordingly.

---

DESCRIPTION: Eliminate School Efficiencies program line item (funding for Teacher Compensation Assistance Plan, SB 199).

209zi

     On page 17, between lines 8 and 9 of the printed bill, insert:

"	GENERAL FUNDS	FEDERAL FUNDS	OTHER FUNDS	TOTAL FUNDS
(10) Nonrecurring Postsecondary Formula Allocation
Personal Services	$0	$0	$0	$0
Operating Expenses	$800,000	$0	$0	$800,000
TOTAL	$800,000	$0	$0	$800,000
F.T.E.				0.0"

     The moneys appropriated by this subsection shall be distributed to the postsecondary technical institutes through the existing distribution formula on a nonrecurring basis.

Adjust all totals accordingly.

DESCRIPTION: Adds nonrecurring funding to postsecondary technical institutes.

209mc

     On page 18, line 26 of the printed bill, DECREASE operating expenses OTHER FUNDS $250,000.

Adjust all totals accordingly.

DESCRIPTION: Eliminate other funds requested for the Regent Information System hardware and software upgrades.

209me

     On page 18, line 26 of the printed bill, DECREASE operating expenses GENERAL FUNDS $410,000.

Adjust all totals accordingly.

DESCRIPTION: Decrease the general fund travel budget in the Board of Regents.

209mj

     On page 18, line 26 of the printed bill, DECREASE operating expenses GENERAL FUNDS $17,368.

     Adjust all totals accordingly.

---

DESCRIPTION: Delete $17,368 in state general funds requested for operating expense stabilization in the central office of the Board of Regents.

209mb

     On page 19, line 18 of the printed bill, DECREASE operating expenses GENERAL FUNDS $40,560.

Adjust all totals accordingly.

DESCRIPTION: Audit finding 15040200402

209mf

     On page 21, line 31 of the printed bill, DECREASE personal services GENERAL FUNDS $38,278.

     On page 21, line 35, DECREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: Decrease Department of Corrections general funds ($38,278) and 1.0 FTE for the Rapid City Minimum Unit for a correctional unit coordinator.

209zg

     On page 25, line 53 of the printed bill, DECREASE operating expenses GENERAL FUNDS $346,460.

Adjust all totals accordingly.

DESCRIPTION: Reduce state general fund dollars because of exercising option for callable Series A bonds for Emergency Operations Center.

209zs

     On page 25, after line 56 of the printed bill, insert:

"	GENERAL FUNDS	FEDERAL FUNDS	OTHER FUNDS	TOTAL FUNDS
(3) Callable Bonds
Personal Services	$0	$0	$0	$0
Operating Expenses	$4,563,130	$0	$0	$4,563,130
TOTAL	$4,563,130	$0	$0	$4,563,130
F.T.E.				0.0"

Adjust all totals accordingly.

---

DESCRIPTION: Appropriate money from the state general fund for line item to retire callable Series A bonds for the Emergency Operations Center.

209zn

     In the previous amendment (209zd), DECREASE personal services GENERAL FUNDS $11,277.

Adjust all totals accordingly.

DESCRIPTION: Remove salary policy for PUC Commissioners.

209zt

     On page 28, between lines 19 and 20 of the printed bill, insert:

     "Section 32. On July 1, 2006, or as soon thereafter as moneys are available, the state treasurer shall transfer three million eight hundred thousand dollars ($3,800,000) from the administratively-created technology fund of the Department of Education to the state general fund."

Description: Transfers e-Rate revenue and wiring-the-schools revenue to general fund.

209hg

     On page 28, between lines 19 and 20 of the printed bill, insert:

     "Section 32. By June 30, 2007, the state treasurer shall transfer to the state general fund two million seven hundred fifty thousand dollars ($2,750,000) from the state highway fund which would otherwise be transferred from the ethanol fuel fund."

209uj

     On page 23, line 11 of the printed bill, INCREASE operating expenses OTHER FUNDS $828,853.

Adjust all totals accordingly.

DESCRIPTION: Increase other fund expenditure authority for the Department of Human Services due to the passage of HB 1039. (BFM04)

209mg

     On page 18, line 33 of the printed bill, INCREASE operating expenses GENERAL FUNDS $146,000.

Adjust all totals accordingly.

DESCRIPTION: Due to the passage of HB 1157, additional students will be eligible for the South Dakota Opportunity Scholarship at an estimated additional cost of $146,000 in FY2007. (BFM05)

209zj

---

     On page 5, line 31 of the printed bill, INCREASE personal services OTHER FUNDS $42,769.

     On page 5, line 32, INCREASE operating expenses OTHER FUNDS $16,487.

     On page 5, line 35, INCREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: HB1209 revises provisions regarding regulation of money lending. (BFM6)

209ai

     On page 30, line 8 of the printed bill, delete " $75 " and insert "$60"

DESCRIPTION: The State Fair Commission's role has changed from a management capacity to an advisory capacity. This per diem change was also made during the 2004 legislative session, but did not get carried forward. This amendment would reduce the per diem payable from $75 to $60. (bfm07)

209hh

     Rescind the previously adopted amendment (209zn).

     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 98, 148, 153, 168, and 198 were delivered to his Excellency, the Governor, for his approval at 8:32 a.m., March 1, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

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

---

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1175.

Respectfully,
Karen Gerdes, Chief Clerk

     There being no objection, the Senate proceeded to Order of Business No. 9.

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

     Appropriations on SB 209 as found on page 735 of the Senate Journal be adopted.

     Which motion prevailed.

     SB 209:   FOR AN ACT ENTITLED, An Act to   appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

     Was read the second time.

209mk

     Sen. Bartling moved that SB 209 be further amended as follows:

     On page 4, line 4 of the Senate Appropriations Committee engrossed bill, INCREASE operating expenses GENERAL FUNDS $500,000 and DECREASE operating expenses OTHER FUNDS $500,000.

Adjust all totals accordingly.

DESCRIPTION: Reinstate previous cut in South Dakota Public Broadcasting.

     Sen. Bogue moved that Sen. Bartling's motion to further amend SB 209 be laid on the table.

---

     Sen. Adelstein requested a roll call vote.

    Which request was supported.

    The question being on Sen. Bogue's motion that Sen. Bartling's motion to further amend SB 209 be laid on the table.

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent 0

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

     Nays:
Adelstein; Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan)

     Excused:
McNenny; Two Bulls

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

     The question being "Shall SB 209 pass as amended?"

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

     Nays:
Koetzle

     Excused:
McNenny; 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.

---

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

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1009 and no committee was appointed.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 143.

Respectfully,
Karen Gerdes, Chief Clerk

     There being no objection, the Senate proceeded to Order of Business No. 8.

     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 20, the 35^th legislative day.

     Which motion prevailed.

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

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 143 and 209 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

---

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

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1110.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 209 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

February 28, 2006

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 28, 2006, I approved Senate Bills 10, 49, 58, 62, 63, 68, 87, 108, 138, 151, 172, 200, 201, and 207, 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 reverted to Order of Business No. 5.

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 143 and 209 were delivered to his Excellency, the Governor, for his approval at 10:20 a.m., March 1, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

---

     The President Pro Tempore publicly read the title to

     SB 98: FOR AN ACT ENTITLED, An Act to  limit the transfer or renewal of certain alcohol beverage licenses.

     SB 143: FOR AN ACT ENTITLED, An Act to  make an appropriation to the state fair.

     SB 148: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

     SB 153: FOR AN ACT ENTITLED, An Act to  transfer certain moneys from the railroad trust fund to the property tax reduction fund and to declare an emergency.

     SB 168: FOR AN ACT ENTITLED, An Act to  appropriate money for enhancement of secondary career and technical education.

     SB 198: FOR AN ACT ENTITLED, An Act to  appropriate funds to increase funding to education and to assist sparse school districts and to require legislation as part of the final report of the study of school funding.

     SB 209: FOR AN ACT ENTITLED, An Act to  appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

     HB 1015: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to acquire an equestrian facility for South Dakota State University and to declare an emergency.

     HB 1020: FOR AN ACT ENTITLED, An Act to  reappropriate certain moneys to state aid to general education.

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

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

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

     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.

     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.

---

     HB 1098: FOR AN ACT ENTITLED, An Act to  exempt swine and cattle semen from sales and use taxes.

     HB 1110: FOR AN ACT ENTITLED, An Act to  provide compensation to certain retailers for collecting and remitting the sales tax after a certain threshold is met.

     HB 1119: FOR AN ACT ENTITLED, An Act to  repeal certain mandatory minimum sentences for driving under the influence, to expand those substances under which a person may be found to be under the influence, and to revise certain driving under the influence provisions for clarity and consistency.

     HB 1143: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to renovate Wecota Hall at South Dakota State University, and to make an appropriation therefor.

     HB 1163: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding court suspensions and revocations of driver licenses.

     HB 1167: FOR AN ACT ENTITLED, An Act to  create a tax relief fund and to dedicate certain sales and use tax revenue received by the state through the Streamlined Sales and Use Tax Agreement.

     HB 1175: FOR AN ACT ENTITLED, An Act to  require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.

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

     HB 1181: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding humane societies.

     HB 1197: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the reduction of unemployment benefits.

     HB 1209: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding money lending.

     HB 1215: FOR AN ACT ENTITLED, An Act to  establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

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

     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.

---

     HB 1236: FOR AN ACT ENTITLED, An Act to  create the South Dakota Virtual High School.

     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, to require the Board of Regents to submit a comprehensive plan and to make certain reports, and to declare an emergency.

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

     HB 1244: FOR AN ACT ENTITLED, An Act to  make an appropriation to construct instructional classrooms, to require certain reporting, and to declare an emergency.

     And signed the same in the presence of the Senate.

     Sen. Kloucek moved that the Senate do now adjourn, which motion prevailed and at 10:24 a.m. the Senate adjourned.