JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TWENTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 6, 2007

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

     The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Kristina Thompson.

     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 nineteenth 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,
Bob Gray, Chair

     Which motion prevailed.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Tom Dravland of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety.

     The question being "Does the Senate advise and consent to the executive appointment of Tom Dravland pursuant to the executive message as found on page 248 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Apa; Hansen (Tom)

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

     The Senate proceeded to the consideration of the executive reappointment of Debra Flute of Roberts County, Browns Valley, South Dakota, to the Board of Pardons and Paroles.

     The question being "Does the Senate advise and consent to the executive reappointment of Debra Flute pursuant to the executive message as found on page 324 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah; Apa

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


REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  195 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1033 and returns the same with the recommendation that said bill be amended as follows:

1033ce
     On page 2, line 2 of the House Education Committee engrossed bill, delete everything after " . " and insert "If the secretary finds that the cheating did occur, the affected score sheets may not count and shall be discarded. The secretary shall also determine if the cheating was severe enough to affect the school's adequate yearly progress under the terms of the state accountability system established pursuant to § 13-3-62. If the cheating was severe enough to affect the school's adequate yearly progress, the secretary may determine that the school does not meet adequate yearly progress for that school year."

     On page 2 , delete lines 3 and 4 .

     On page 2 , line 5, delete everything before " The " .

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

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1034 and returns the same with the recommendation that said bill be amended as follows:

1034cc
     On page 1, line 11 of the House Education Committee engrossed bill, after " . " insert " Any school district with an average daily membership as defined in § 13-13-10.1 of greater than five thousand in the previous school fiscal year has an additional seven days to submit the required data. If the due date falls on a weekend or state holiday, the due date is the next business day following the scheduled due date. "

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

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  178 and 210 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1204 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 191 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1023 and 1112 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 79 and returns the same with the recommendation that said bill be amended as follows:

79tc
     On page 2, after line 2 of the printed bill, insert:

    "Section 2. That chapter 34-35 be amended by adding thereto a NEW SECTION to read as follows:

         Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or

transport activity, notwithstanding any changes made to the boundaries of the Black Hills Forest Fire Protection District that take effect on July 1, 2007."


79ta
     On page 2, line 2 of the printed bill, delete everything after " beginning " and insert " , excepting therefrom areas within the limits of third class municipalities . The Black Hills Forest Fire Protection District does not include any area within the limits of any municipality ."

79td
     On page 2, after line 2 of the printed bill, insert:

    "Section 3. That § 34-37-11 be amended to read as follows:

     34-37-11.   No person may sell or cause to be sold, discharge , or cause to be discharged, any pyrotechnics of any description whatever or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District, and no person may discharge or cause to be discharged any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state. No person may sell or cause to be sold, discharge, or cause to be discharged, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks. However, the Department of Game, Fish and Parks may, by written authorization, permit the discharge of pyrotechnics or consumer fireworks , pyrotechnic displays, sales, or exhibits on land owned or leased by the department unless otherwise prohibited by statute. Any violation of this section which occurs on any land owned or leased by the Department of Game, Fish and Parks is a Class 2 misdemeanor. Any subsequent violation of this Section is a Class 1 misdemeanor. "


79ttd
     On page 1, line 2 of the printed bill, after " District " insert ", to authorize the continuation of activities by certain business affected by the boundary change, and to prohibit the discharge of fireworks within a zone adjacent to the district".

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

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 102 and 188 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

 Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  139, 141, 150, 151, 152, and 175 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 19, 22, 24, and 58 were delivered to his Excellency, the Governor, for his approval at 9:05 a.m., February 6, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1026, 1073, 1154, 1165, 1179, 1183, 1184, 1187, 1196, 1201, 1210, 1233, 1235, 1257, 1259, and 1296 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1003, 1004, and 1005 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1003:   A CONCURRENT RESOLUTION,   To request the Department of Transportation to help promote and help direct travelers to the Oyate Trail.

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

     HCR 1004:   A CONCURRENT RESOLUTION,   Requesting the Congress of the United States to direct the Corps of Engineers to address and rectify problems caused by the accumulation of sediment in the Missouri River main stem reservoirs.

     Was read the first time and the President waived the referral to committee and placed HCR 1004 on the calendar of Wednesday, February 7, the 21st legislative day.

     HCR 1005:   A CONCURRENT RESOLUTION,   Expressing the Legislature's regret for the loss of Eleanor McGovern.

     Was read the first time and the President waived the referral to committee and placed HCR 1005 on the calendar of Wednesday, February 7, the 21st legislative day.

HONORED GUESTS


     The President introduced the National American University Volleyball team which was recognized as the 2006 National Association of Intercollegiate Athletics Volleyball champions to the body.

MOTIONS AND RESOLUTIONS

(continued)

     Sen. Ed Olson moved that SB 117 be referred from the Committee on State Affairs to the Committee on Education.

     Which motion prevailed.

     Sen. Dempster moved that SB 182 be referred from the Committee on State Affairs to the Committee on Taxation.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Local Government on SB 82 as found on page 370 of the Senate Journal ; also

     Judiciary on SB 97 as found on page 367 of the Senate Journal ; also

     Local Government on SB 135 as found on page 371 of the Senate Journal ; also

     Judiciary on SB 142 as found on page 367 of the Senate Journal ; also

     State Affairs on SB 190 as found on page 369 of the Senate Journal ; also

     Judiciary on SB 200 as found on page 368 of the Senate Journal ; also

     Judiciary on SB 202 as found on page 368 of the Senate Journal ; also

     Health and Human Services on SB 209 as found on page 373 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1026:   FOR AN ACT ENTITLED, An Act to   define unprotected birds.

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

     HB 1073:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding identification and recording for products containing pseudoephedrine or ephedrine.

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

     HB 1154:   FOR AN ACT ENTITLED, An Act to   revise the provisions concerning the addition of noncontiguous property to certain business improvement districts that have a common zoning designation.

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

     HB 1165:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning notice and hearing requirements for vacating a municipal street or alley.

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

     HB 1179:   FOR AN ACT ENTITLED, An Act to   revise the penalty for certain big game hunting violations.

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

     HB 1183:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the use of a transporter license plate.

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

     HB 1184:   FOR AN ACT ENTITLED, An Act to   require the Department of Revenue and Regulation to collect and distribute the gross receipts taxes imposed on small telecommunication companies.

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

     HB 1187:   FOR AN ACT ENTITLED, An Act to   provide for the abatement or refund of property taxes on certain owner-occupied single-family dwellings owned by persons in the military and to declare an emergency.

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

     HB 1196:   FOR AN ACT ENTITLED, An Act to   provide for notice and opportunity to remedy residential construction defects.

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

     HB 1201:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning public meetings.

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

     HB 1210:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning municipal operating agreements.

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

     HB 1233:   FOR AN ACT ENTITLED, An Act to   revise the publishing requirement for school board vacancies in newly created school districts, to revise the deadline by which candidates for new school boards must file nominating petitions, and to declare an emergency.

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


      HB 1235:   FOR AN ACT ENTITLED, An Act to   authorize the trapping and hunting of certain furbearing animals by nonresidents.

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

     HB 1257:   FOR AN ACT ENTITLED, An Act to   reduce the minimum number of board members of trust companies.

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

     HB 1259:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to complaints of encroachment by prairie dogs on private land.

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

     HB 1296:   FOR AN ACT ENTITLED, An Act to   require abortion facilities to offer sonograms to pregnant women under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 98:   FOR AN ACT ENTITLED, An Act to   revise or clarify certain provisions relating to the classification and creation of trusts.

     Was read the second time.

     The question being "Shall SB 98 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

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


     SB 99:   FOR AN ACT ENTITLED, An Act to   adopt the Uniform Principal and Income Act.

     Was read the second time.

     The question being "Shall SB 99 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

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

     HB 1111:   FOR AN ACT ENTITLED, An Act to   permit local government officials and employees to use electronic payments and to permit the state and its political subdivisions to accept electronic payments.

     Was read the second time.

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

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 159:   FOR AN ACT ENTITLED, An Act to   allow a taxpayer who is the subject of an audit to provide evidence after the prescribed deadline under limited circumstances.


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

159jc
     Sen. Knudson moved that SB 159 be amended as follows:

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

    "Section 1. That § 10-59-7 be amended to read as follows:

     10-59-7.   The secretary may perform audits of the books and records of any person subject to tax in the chapters set out in § 10-59-1. Unless the secretary determines that delay may jeopardize the collection of a tax, the secretary shall mail a notice of intent to audit at least thirty days before commencement of the audit to the person to be audited. The thirty-day period may be waived by mutual consent of both parties. Any documents or records required to be kept by law to evidence reduction, deduction, or exemption from tax not prepared for presentation to the auditor within sixty days from the commencement date of the audit do not have to be considered by the auditor or the secretary. However, additional evidence shall be considered if all the following apply:

             (1)    The additional evidence is material;
             (2)    There were good reasons for failure to present other pertinent papers or documents as referenced in §  10-45-45 or 10-46-43, within the prescribed time period; and
             (3)    The additional evidence is submitted within a reasonable time period prior to any hearing scheduled pursuant to §  10-59-9. "

     Which motion prevailed.

     The question being "Shall SB 159 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Nesselhuf

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

     SB 31:   FOR AN ACT ENTITLED, An Act to   make an appropriation to assist sparse school districts.

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

31ca

     Sen. Jerstad moved that SB 31 be amended as follows:

     On page 1 , after line 8, insert:

    "Section 3. That § 13-13-10.1 be amended to read as follows:

     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;
             (1B)    "Current average daily membership," the average number of resident and nonresident kindergarten through twelfth grade pupils enrolled in all schools operated by the school district from the last Friday in September through the first Monday in December during the current school year, minus the 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;
             (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 . However, for school districts that meet the criteria established in section 2 of this Act, the local need for the last six months of each fiscal year is the per student allocation multiplied by the current 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 §§ 13-13-78 and 13-13-79, inclusive; and any revenue in the general fund set aside for a noninsurable judgment.

     Section 4. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

     If a school district's current average daily membership as defined in this Act exceeds the school district's average daily membership by ten percent or more, or by at least fifty students, that school district's local need, beginning in January of the current school year, shall be calculated based not on the school district's average daily membership, but on the school district's current average daily membership. In addition, that school district shall receive a one- time payment equal to the difference between the amount of funding the district would have received in state aid to education payments during the first six months of the fiscal year if the payments had been calculated based on the school district's current average daily membership and the amount of state aid funding the school district actually received during the first six months of the fiscal year based upon its average daily membership."

     Sen. Gray moved that Sen. Jerstad's motion to amend SB 31 be laid on the table.

     Which motion prevailed.

     The question now being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

     Yeas:
Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

     Nays:
Abdallah; Albers; Kloucek; Koetzle; Turbak

     Excused:
Nesselhuf

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

     SB 43:   FOR AN ACT ENTITLED, An Act to   provide for the registration of tobacco retailers.

     Was read the second time.

     Sen. Gray moved that SB 43 be deferred to Wednesday, February 7, the 21st legislative day.

     Which motion prevailed.

     SB 25:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding the ability of the Public Utilities Commission to regulate the sale or other disposition of the property, plant, business, or stock of electric or gas public utilities.

     Was read the second time.

     The question being "Shall SB 25 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

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


     SB 125:   FOR AN ACT ENTITLED, An Act to   allow an abandoned mobile home or manufactured home to be moved under certain conditions and to require property taxes to be abated on certain abandoned mobile homes and manufactured homes.

     Was read the second time.

     The question being "Shall SB 125 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

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

     SB 183:   FOR AN ACT ENTITLED, An Act to   revise the definition of agricultural purposes used for the administration of the sales and use tax.

     Was read the second time.

     Sen. Jim Peterson moved that SB 183 be deferred to Thursday, February 8, the 22nd legislative day.

     Which motion prevailed.

     SB 193:   FOR AN ACT ENTITLED, An Act to   prohibit the abuse of certain elderly persons and to revise certain provisions regarding the abuse of disabled adults.


     Was read the second time.

     The question being "Shall SB 193 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Bartling

     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.

     SJR 7:   A JOINT RESOLUTION,   To propose a constitutional amendment regarding legislative term limits.

     Was read the second time.

     The question being "Shall SJR 7 pass?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent 0

     Yeas:
Bartling; Dempster; Gant; Gray; Hansen (Tom); Hanson (Gary); Hunhoff; Kloucek; Knudson; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak

     Nays:
Abdallah; Albers; Apa; Duenwald; Garnos; Greenfield; Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Koetzle; Maher; Napoli; Peterson (Jim); Schmidt (Dennis); Two Bulls

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

     SJR 8:   A JOINT RESOLUTION,   To propose a constitutional amendment to reduce the minimum age to be a legislator.

     Was read the second time.


     The question being "Shall SJR 8 pass?"

     And the roll being called:

     Yeas 11, Nays 24, Excused 0, Absent 0

     Yeas:
Abdallah; Dempster; Gant; Garnos; Greenfield; Hansen (Tom); Katus; McCracken; Nesselhuf; Olson (Ed); Sutton

     Nays:
Albers; Apa; Bartling; Duenwald; Gray; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; Lintz; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak; Two Bulls

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

     SJR 9:   A JOINT RESOLUTION,   To propose a constitutional amendment to provide for forty-day legislative sessions.

     Was read the second time.

     The question being "Shall SJR 9 pass?"

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

     Yeas:
Abdallah; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Two Bulls

     Nays:
Albers; Apa; Greenfield; Heidepriem; Hoerth; Hundstad; Lintz; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Turbak

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1006:   FOR AN ACT ENTITLED, An Act to   revise certain procedures regarding the election process.


     Was read the second time.

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

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Abdallah

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

     HB 1010:   FOR AN ACT ENTITLED, An Act to   make an appropriation to provide for the renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1010 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1127:   FOR AN ACT ENTITLED, An Act to   clarify the authority of county commissioners to set their annual salary.

     Was read the second time.

     The question being "Shall HB 1127 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Kloucek

     Excused:
Abdallah

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

SIGNING OF BILLS


     The President publicly read the title to

     HB 1001: FOR AN ACT ENTITLED, An Act to  repeal references to certain defunct programs under the authority of the Board of Regents.

     HB 1002: FOR AN ACT ENTITLED, An Act to  revise the style and form of certain provisions relating to the Board of Regents.

     And signed the same in the presence of the Senate.

     Sen. Gary Hanson moved that the Senate do now adjourn, which motion prevailed and at 3:32 p.m. the Senate adjourned.

Trudy Evenstad, Secretary