JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 7, 2007

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

     The prayer was offered by the Chaplain, Pastor John Sanders, followed by the Pledge of Allegiance led by Senate page Cassie Bauerle-Conlon.

     Roll Call: All members present except Sens. Duenwald and Two Bulls who were excused.

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 twentieth 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.
COMMUNICATIONS AND PETITIONS


February 7, 2007

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 6, 2007, I approved Senate Bills 19, 22, 24, and 58, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 177 and 212 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR 2 and returns the same with the recommendation that said resolution be amended as follows:

j2ob
     On page 1, line 13 of the printed resolution, after " public " insert " unless the business is such as ought to be closed to the public. If the business is such as ought to be closed to the public, a session or meeting may be closed to the public upon a two-thirds vote of the members elect ."

J2oc
     In the previously adopted amendment (j2ob), in the last sentence, after " elect " insert " of the session or the meeting ".

     And that as so amended said resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill be amended as follows:

1oa
     On page 2 of the printed bill, delete lines 2 to 24 , inclusive.

     On page 3 , delete lines 1 and 2 .

1ob
     On page 1, line 15 of the printed bill, delete everything after the first " proponents " and insert " . ".

     On page 2 , delete line 1 .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2oa
     On page 1, line 10 of the printed bill, after " not " insert "substantially".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

3oa
     On page 1, line 9 of the printed bill, after " that " insert " the circulator made reasonable inquiry and ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  1, 13, 14, and 15 and SB 176 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair
Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1118 and 1130 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1121 and 1143 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 Local Government respectfully reports that it has had under consideration SB 189 and tabled the same.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 215 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 Judiciary respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

136rb
     On page 1, after line 9 of the printed bill, insert:

    "Section 2. That § 26-11A-27 be amended to read as follows:

     26-11A-27.   The monitor created in § 26-11A-25 shall:

                 (1)      Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred;
                 (2)      Access any individual in the custody or care of juvenile corrections facilities and any employee in the employ of the State of South Dakota or any of its political subdivisions;
                 (3)      Access any records of or relating to any individual in the custody or care of juvenile facilities;
                 (4)      Provide a semi-annual report to the Governor, the Legislature, the Corrections Commission established by § 1-15-1.13, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. The report shall contain the activities of the monitor for the six-month period immediately prior to the report. Activities shall reflect the number of referrals to the monitor, the number of investigations completed, results of the investigations, corrective actions taken, a statement indicating if any investigation resulted in a finding of abuse or neglect, and a summary of other activities performed by the monitor;
                 (5)      Provide training and assistance to employees of the Department of Corrections in areas within the scope of the monitor's position;
                 (6)      Review Department of Corrections' policies dealing with juvenile's rights to ensure compliance with federal and state laws, rules, and policy;
                 (7)      Provide reasonable notification of the existence and role of the monitor to all individuals in the custody or care of a juvenile corrections facility and the custodial parent or guardian ;
                 (8)    Submit a confidential addendum to each semiannual report to the Government Operations and Audit committee created in §  2-6-2, the Governor, the secretary of the Department of Human Services, and the secretary of the Department of Corrections. This addendum shall contain a description of each case investigated, the specific findings and recommendations of the juvenile corrections monitor, and the Department of Corrections' response to the recommendations . "

136rc
     In the previously adopted amendment (136rb), delete " statement indicating if any investigation " and insert " brief description of any investigation that ".

136rta
     On page 1, line 2 of the printed bill, after " general " insert "and to provide for a confidential addendum to the report".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB  146, 149, and 192 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

 Also MR. PRESIDENT:

        The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 21, 23, and 72 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 11 which has been amended by the House and your concurrence in the amendments is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1064, 1065, 1069, 1100, 1152, 1153, 1158, 1172, and 1175 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 21, 23, and 72 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     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 second time.

     Sen. Albers moved that the Senate do concur in HCR 1004 as found on page 305 of the House Journal.

     The question being on Sen. Albers' motion that the Senate do concur in HCR 1004.


     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Duenwald; 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 HCR 1004 was concurred in.

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

    Was read the second time.

     Sen. Ed Olson moved that the Senate do concur in HCR 1005 as found on page 321 of the House Journal.

     The question being on Sen. Olson's motion that the Senate do concur in HCR 1005.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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


     Agriculture and Natural Resources on SB 79 as found on page 392 of the Senate Journal ; also

     Education on HB 1033 as found on page 391 of the Senate Journal ; also

     Education on HB 1034 as found on page 391 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1064:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to accept additional donations for the improvements to O'Harra Stadium at the South Dakota School of Mines and Technology and to declare an emergency.

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

     HB 1065:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct multi-use storage facilities at South Dakota State University and to make an appropriation therefor.

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

     HB 1069:   FOR AN ACT ENTITLED, An Act to   increase liquidated court costs and revise how they are allocated.

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

     HB 1100:   FOR AN ACT ENTITLED, An Act to   authorize the Legislative Research Council to remodel, renovate, and furnish certain facilities on the fourth floor of the State Capitol Building for use by the Legislature, and to make an appropriation therefor.

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

     HB 1152:   FOR AN ACT ENTITLED, An Act to   revise the procedures for due process regarding the central registry for abuse and neglect.

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

     HB 1153:   FOR AN ACT ENTITLED, An Act to   revise certain references regarding the reunification of an abused or neglected child with a parent and regarding grounds for

termination of parental rights and regarding the operation of the central registry for abuse and neglect.

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

     HB 1158:   FOR AN ACT ENTITLED, An Act to   provide immunity for school districts in facilitating computer usage.

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

     HB 1172:   FOR AN ACT ENTITLED, An Act to   clarify certain limits placed on persons lending money.

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

     HB 1175:   FOR AN ACT ENTITLED, An Act to   provide for the substances used in the execution of a sentence of death and to allow the choice of the substances used in an execution under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Nesselhuf requested that HB 1023 be removed from the Consent Calendar.

     SB 195:   FOR AN ACT ENTITLED, An Act to   allow member schools of the South Dakota High School Activities Association to remit certain admissions fees to private entities for the support of interscholastic activities.

     Was read the second time.

     The question being "Shall SB 195 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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


     Excused:
Duenwald; Hansen (Tom); 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 1112:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the transportation of fur-bearing animals.

     Was read the second time.

     The question being "Shall HB 1112 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; Hansen (Tom); 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 1204:   FOR AN ACT ENTITLED, An Act to   revise fees for renewal stickers that are placed on special motor vehicle license plates for certain military veterans.

     Was read the second time.

     The question being "Shall HB 1204 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; Hansen (Tom); 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 43:   FOR AN ACT ENTITLED, An Act to   provide for the registration of tobacco retailers.

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

     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent 0

     Yeas:
Albers; Bartling; Dempster; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak

     Nays:
Abdallah; Apa; Gant; Greenfield; Kloucek; Koetzle; Maher; Napoli; Schmidt (Dennis)

     Excused:
Duenwald; 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 82:   FOR AN ACT ENTITLED, An Act to   revise certain fees charged by sheriffs.

     Was read the second time.

     The question being "Shall SB 82 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; 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

     Nays:
Apa; Greenfield; Kloucek

     Excused:
Duenwald; 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 97:   FOR AN ACT ENTITLED, An Act to   revise certain miscellaneous provisions of the trust statutes.

     Was read the second time.

97rd
     Sen. Knudson moved that SB 97 be further amended as follows:

     On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 13 to 24 , inclusive.

     On page 3 , delete lines 1 to 17 , inclusive.

     Which motion prevailed.

     The question being "Shall SB 97 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; 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 135:   FOR AN ACT ENTITLED, An Act to   increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

     Was read the second time.

135tb
     Sen. Bartling moved that SB 135 be further amended as follows:

     On the Senate Local Government Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

     Which motion prevailed.

     The question being "Shall SB 135 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak

     Nays:
Apa; Greenfield; Lintz; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

     Excused:
Duenwald; 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 142:   FOR AN ACT ENTITLED, An Act to   provide for collection of certain workers' compensation by court order.

     Was read the second time.

     The question being "Shall SB 142 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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

     Excused:
Duenwald; 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 190:   FOR AN ACT ENTITLED, An Act to   provide for the establishment of special development districts and to authorize the issuance of certain restricted alcoholic beverage licenses in such districts.

     Was read the second time.

     The question being "Shall SB 190 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 18, Excused 2, Absent 0

     Yeas:
Bartling; Dempster; Hanson (Gary); Heidepriem; Katus; Knudson; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak

     Nays:
Abdallah; Albers; Apa; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Koetzle; McNenny; Napoli; Schmidt (Dennis)

     Excused:
Duenwald; Two Bulls

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

     Sen. McCracken announced his intention to reconsider the vote by which SB 190 lost.

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

MOTIONS AND RESOLUTIONS


     Sen. Dempster moved that SB 116 be referred from the Committee on State Affairs to the Committee on Education.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1027 and 1039 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 14 and returns the same with the recommendation that said bill be amended as follows:

14ra
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 37-21-9.1 be amended to read as follows:

     37-21-9.1.   The Division of Commercial Inspection and Licensing shall charge and collect a maximum ten dollar fee for each inspection and testing of any weight, measure, and weighing and measuring device based on the following schedule:

             (1)    Beginning July 1, 2007-sixteen dollars;
             (2)    Beginning July 1, 2008-twenty-two dollars;
             (3)    Beginning July 1, 2009-twenty-eight dollars;
             (4)    Beginning July 1, 2010-thirty-four dollars .

The fee shall be paid upon demand of the division by the person, firm, or corporation owning or operating the weight, measure, or weighing or measuring device inspected or tested. A maximum fee of five dollars shall be charged and collected for each inspection and testing of gasoline and diesel stationary fuel pump meters based on the following schedule:

             (1)    Beginning July 1, 2007-eight dollars;
             (2)    Beginning July 1, 2008-eleven dollars;
             (3)    Beginning July 1, 2009-fourteen dollars;
             (4)    Beginning July 1, 2010-seventeen dollars .

A maximum fee of fifteen dollars shall be charged and collected for each inspection and testing of gasoline and diesel high speed stationary fuel pump meters and for refined fuel truck meters based on the following schedule:

             (1)    Beginning July 1, 2007-twenty-five dollars;
             (2)    Beginning July 1, 2008-thirty-six dollars;
             (3)    Beginning July 1, 2009-forty-six dollars;
             (4)    Beginning July 1, 2010-fifty-six dollars .

A maximum fee of fifteen dollars shall be collected for refined fuel truck meters. If a special or emergency inspection is requested, a charge, not to exceed the actual cost of such inspection, including costs for personnel, equipment, and mileage, shall be made and assessed against the requesting individual or device owner. All fees, except those for special or emergency inspection, shall be promulgated by the secretary of the Department of Public Safety pursuant to chapter 1-26.

     Section 2. That § 37-22-10 be amended to read as follows:

     37-22-10.   The Division of Commercial Inspection and Licensing shall charge and collect a fee for each inspection or testing of scales. The fee shall be paid upon demand of the division by the person, firm, or corporation owning or operating the scale inspected or tested. The maximum schedule of fees is as follows:

             (1)      Up to and including 2,000 pounds capacity --fifteen dollars; :
             (a)    1. Beginning July 1, 2007-twenty dollars;
             (b)    2. Beginning July 1, 2008-twenty-four dollars;
             (c)    3. Beginning July 1, 2009-twenty-nine dollars;
             (d)    4. Beginning July 1, 2010-thirty-four dollars;
             (2)      2,001 to 5,000 pounds capacity, inclusive --twenty-five dollars; :
             (a)    1. Beginning July 1, 2007-thirty-three dollars;
             (b)    2. Beginning July 1, 2008-forty-one dollars;
             (c)    3. Beginning July 1, 2009-forty-eight dollars;
             (d)    4. Beginning July 1, 2010-fifty-six dollars;

             (3)      5,001 to 40,000 pounds capacity, inclusive --sixty dollars; :
             (a)    1. Beginning July 1, 2007-sixty-seven dollars;
             (b)    2. Beginning July 1, 2008-seventy-five dollars;
             (c)    3. Beginning July 1, 2009-eighty-two dollars;
             (d)    4. Beginning July 1, 2010-ninety dollars;

             (4)      Over 40,000 pounds capacity --seventy-five dollars; :
             (a)    1. Beginning July 1, 2007-eighty-four dollars;
             (b)    2. Beginning July 1, 2008-ninety-four dollars;
             (c)    3. Beginning July 1, 2009-one hundred three dollars;
             (d)    4. Beginning July 1, 2010-one hundred twelve dollars;

             (5)      All livestock scales --one hundred dollars. :
             (a)    1. Beginning July 1, 2007-one hundred twenty-four dollars;
             (b)    2. Beginning July 1, 2008-one hundred forty-eight dollars;
             (c)    3. Beginning July 1, 2009-one hundred seventy-three dollars;
             (d)    4. Beginning July 1, 2010-one hundred ninety-seven dollars.

     If a special or emergency inspection is requested, a charge, not to exceed the actual cost of such inspection, including costs for personnel, equipment, and mileage, shall be made and assessed against the requesting individual or device owner.

     Section 3. That § 34-39-3 be amended to read as follows:

     34-39-3.   The Department of Public Safety may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.

     The department shall charge and collect a maximum twenty-dollar fee for each test . The fee shall be promulgated by the secretary of public safety pursuant to chapter 1-26 based on the following schedule:

             (1)    Beginning July 1, 2007-thirty-six dollars;
             (2)    Beginning July 1, 2008-fifty-two dollars;
             (3)    Beginning July 1, 2009-sixty-eight dollars;
             (4)    Beginning July 1, 2010-eighty-four dollars .

    Revenue from the fee shall be deposited into the state general fund.

     Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a maximum one hundred dollar fee for each inspection based on the following schedule:

             (1)    Beginning July 1, 2007-fifty-eight dollars;
             (2)    Beginning July 1, 2008-seventy-six dollars;
             (3)    Beginning July 1, 2009-ninety-four dollars;
             (4)    Beginning July 1, 2010-one hundred twelve dollars .

The fee shall be promulgated by the secretary of public safety pursuant to chapter 1-26.

     For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility with a capacity of at least eight thousand gallons.

     Section 4. That § 37-21A-3 be amended to read as follows:


     37-21A-3.   The director shall charge an annual registration fee of twenty-five dollars per for service agency plus five dollars per agencies and for registered serviceman servicemen to cover administrative costs based on the following schedule:

             (1)    Beginning July 1, 2007-forty dollars (per agency) and seven dollars (per serviceman);
             (2)    Beginning July 1, 2008-fifty-five dollars (per agency) and eight dollars (per serviceman);
             (3)    Beginning July 1, 2009-sixty-nine dollars (per agency) and ten dollars (per serviceman);
             (4)    Beginning July 1, 2010-eighty-four dollars (per agency) and eleven dollars (per serviceman) .

The fee shall be paid when the registration or renewal application is made.

     Section 5. That § 37-21A-7 be amended to read as follows:

     37-21A-7.   A registered serviceman and a registered service agency shall submit, annually to the director, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. No registered service person or agency may use in servicing any commercial weighing or measuring device any standards or testing equipment that have not been certified by the director. The Department of Public Safety shall charge a fee not to exceed the actual cost of for such examination and certification , including costs for personnel, equipment, and mileage based on the following schedule:

             (1)    Beginning July 1, 2007-sixty-two dollars per hour;
             (2)    Beginning July 1, 2008-seventy-nine dollars per hour;
             (3)    Beginning July 1, 2009-ninety-six dollars per hour;
             (4)    Beginning July 1, 2010-one hundred twelve dollars per hour . "

     And that as so amended said bill do pass.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1105 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 180 and returns the same with the recommendation that said bill be amended as follows:


180ja
     On page 1 of the printed bill, delete lines 7 to 14 , inclusive, and insert:

    "Any order of adoption, guardianship, or termination of parental rights entered in compliance with the laws of another jurisdiction shall have the same effect as an order for adoption, guardianship, or termination of parental rights entered in this state."


     On page 2 , delete lines 1 to 6 , inclusive.

180jb
     On page 2, line 15 of the printed bill, delete " However, if the birth occurred in a " and insert:

     " If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:

             (1)    The adoption order from the foreign nation;
             (2)    A certified translation of the adoption order if necessary;
             (3)    Proof of the date and place of the child's birth;
             (4)    Proof of IR-3 immigration status; and
             (5)    Proof that each adopting person is a resident of this state.

The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department. "

     On page 2 , delete lines 16 to 24 , inclusive.

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be adopted.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SCR 2 and SB 208 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair


     There being no objection, the Senate proceeded to Order of Business No. 13.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

     SB 200:   FOR AN ACT ENTITLED, An Act to   prohibit the state and its political subdivisions from releasing or posting social security numbers on the internet or any other media or domain available to the public.

     Was read the second time.

     Sen. Hundstad moved that SB 200 be laid on the table.

     The question being on Sen. Hundstad's motion that SB 200 be laid on the table.

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Albers; Apa; Dempster; 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

     Excused:
Abdallah; Bartling; Duenwald; Two Bulls

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

     SB 202:   FOR AN ACT ENTITLED, An Act to   increase the exemption from process of certain retirement benefits.

     Was read the second time.

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 11, Excused 4, Absent 0

     Yeas:
Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; McCracken; Napoli; Nesselhuf; Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Nays:
Albers; Apa; Greenfield; Hauge; Kloucek; Koetzle; Lintz; Maher; McNenny; Olson (Ed); Peterson (Jim)

     Excused:
Abdallah; Bartling; Duenwald; 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 209:   FOR AN ACT ENTITLED, An Act to   create the South Dakota Boxing Commission and to provide for the supervision of boxing, kickboxing, mixed martial arts, wrestling, and sparring exhibitions in the state.

     Was read the second time.

     Sen. Kloucek moved the previous question.

     Which motion prevailed.

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

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent 0

     Yeas:
Bartling; Dempster; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak

     Nays:
Abdallah; Albers; Apa; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

     Excused:
Duenwald; Two Bulls

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


      Sen. Nesselhuf announced his intention to reconsider the vote by which SB 209 lost.

COMMEMORATIONS


     SC 5   Introduced by:  Senator Hunhoff and Representatives Moore and Gilson

         A LEGISLATIVE COMMEMORATION,  Commending the 2006 Yankton High School Bucks Boys' Cross Country Team for winning the state title in the Class AA State Cross Country Meet for the second consecutive year.

     WHEREAS,  the Yankton Bucks Boys' Cross Country Team, coached by Dan Fitzsimmons, Dave Dannenbring, and Doug Haar, exemplified athletic excellence, superiority, and sportsmanship throughout the season; and

     WHEREAS,  the Yankton Bucks Boys' Cross Country Team, including Brad Anderson, Jens Lillevold, Ben Pratt, Travis Brenner, Alex Hohenthaner, Sean Durham, and Mark Wilcox, served as an estimable model of congruity and determination; and

     WHEREAS,  coach Dan Fitzsimmons provided outstanding leadership and was the recipient of both the Girls' Cross Country Coach of the Year award and the Boys' Cross Country Coach of the Year award from the South Dakota Coaches' Association. This is the first time a coach has ever received both distinguished awards in the same year:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Yankton Bucks Boys' Cross Country Team and its coaching staff be congratulated and commended on their triumphant 2006 cross country season.

     SC 6   Introduced by:  Senator Hunhoff and Representatives Moore and Gilson

         A LEGISLATIVE COMMEMORATION,  Commending the 2006 Yankton High School Boys' Golf Team for winning the state title in the Class AA State Golf Championship.

     WHEREAS,  the Yankton Bucks Boys' Golf Team, coached by Brett Sime, did exhibit uncontested athleticism, sportsmanship, and professionalism in their conquest of the state championship; and

     WHEREAS,  the Yankton Bucks Boys' Golf Team was exemplary in its unity and accord from all of its members: Adam Walsh, Preston Carda, Marc Gubbels, Jordan Mueller, Gabe Messler, Dillon May, and Tyler Frick; and

     WHEREAS,  coach Brett Sime was efficient in demonstrating outstanding leadership. His inconceivable knowledge of the sport and promotion of cohesion guided the Yankton Bucks Boys' Golf Team through their impressive season:
     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Yankton Bucks Boys' Golf Team and its coaching staff be congratulated and commended for their exceptional season.

     SC 7   Introduced by:  Senator Hunhoff and Representatives Gilson and Moore

         A LEGISLATIVE COMMEMORATION,  Commending the 2006 Yankton High School Gazelles Girls' Cross Country Team for winning the state title in the Class AA State Cross Country Meet.

     WHEREAS,  the Yankton Gazelles Girls' Cross Country Team, coached by Dan Fitzsimmons, Dave Dannenbring, and Doug Haar, was meritorious in their determination, superior performance and dynamic success throughout the season; and

     WHEREAS,  the Yankton Gazelles Girls' Cross Country Team, Betsy Bies, Mariah Hofer, Tiffany Leader, Emily Smith, Kristin Sternhagen, Megan Hilson and Jade Steinberg, were exemplary in their cohesion and athleticism; and

     WHEREAS,  Coach Dan Fitzsimmons provided outstanding leadership and was the recipient of both the Girls' Cross Country Coach of the Year Award and the Boys' Cross Country Coach of the Year Award from the South Dakota Coaches' Association. This is the first time a coach has ever received both distinguished awards in the same year:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Yankton Gazelles Girls' Cross Country Team and its coaching staff be congratulated and commended for their outstanding achievement this season.

SIGNING OF BILLS


     The President publicly read the title to

     SB 21: FOR AN ACT ENTITLED, An Act to  revise certain requirements for the siting of energy facilities.

     SB 23: FOR AN ACT ENTITLED, An Act to  revise certain exceptions from the definition of unsolicited telephone calls.

     SB 72: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the liens on vehicles for the costs of removal and storage of the vehicles.

     And signed the same in the presence of the Senate.

     Sen. Hoerth moved that the Senate do now adjourn, which motion prevailed and at 4:03 p.m. the Senate adjourned.

Trudy Evenstad, Secretary