JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 8, 2007

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

     The prayer was offered by the Chaplain, Jennie Hallenbeck, followed by the Pledge of Allegiance led by Senate page Katie Wagner.

     Roll Call: All members present except Sen. Two Bulls who was 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 twenty-first 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.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  199 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1035, 1037, and 1038 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1235 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1020 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill be amended as follows:

1019tb
     On page 1, line 11 of the House engrossed bill, delete " Future sales of " .

     On page 1 , delete lines 12 to 14 , inclusive.

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1021 and returns the same with the recommendation that said bill be amended as follows:

1021ta
     On page 1 of the printed bill, delete line 7 , and insert "waters on land occupied by him owned or leased by the resident without first securing a license so to do so ."

     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 HB 1017 and 1018 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1163 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 120 and tabled the same.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 213 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

 Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  166 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1051, 1052, 1053, and 1054 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 Commerce respectfully reports that it has had under consideration SCR  3 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SCR 5 in which the House has concurred.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1139, 1140, 1151, 1160, 1217, 1236, 1240, 1241, and 1255 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 9, the 23rd legislative day.

     Which motion prevailed.

     Sen. Garnos moved that the Senate do concur in House amendments to SB 11.

     The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 11.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; 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

     Excused:
Apa; Two Bulls

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

     SCR 4:   A CONCURRENT RESOLUTION,   Requesting all qualifying school districts in South Dakota to use the South Dakota Department of Education developed, and South Dakota Board of Education approved, Model Wellness Policy as a guideline.

    Was read the second time.

     Sen. Hunhoff moved that SCR 4 as found on page 308 of the Senate Journal be adopted.

     The question being on Sen. Hunhoff's motion that SCR 4 be adopted.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; 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

     Excused:
Apa; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.


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

     Sen. McCracken moved that the Senate do now reconsider the vote by which SB 190 lost.

     The question being on Sen. McCracken's motion to reconsider the vote by which SB 190 lost.

     And the roll being called:

    The President votes Yea.    

     Yeas 18, Nays 17, Excused 1, Absent 0

     Yeas:
Dempster; Duenwald; Gray; Hansen (Tom); Hauge; Heidepriem; Hunhoff; Katus; Knudson; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton

     Nays:
Abdallah; Albers; Apa; Bartling; Gant; Garnos; Greenfield; Hanson (Gary); Hoerth; Hundstad; Jerstad; Kloucek; Koetzle; Napoli; Peterson (Jim); Schmidt (Dennis); Turbak

     Excused:
Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 190 was up for reconsideration and final passage.

     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.

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

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

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent 0

     Yeas:
Dempster; Duenwald; Hauge; Heidepriem; Katus; Knudson; Lintz; Maher; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak

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

     Excused:
Two Bulls

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

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

     No member moved to reconsider the vote by which SB 209 lost.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     State Affairs on SB 1 as found on page 411 of the Senate Journal ; also

     State Affairs on SB 2 as found on page 411 of the Senate Journal ; also

     State Affairs on SB 3 as found on page 411 of the Senate Journal ; also

     Government Operations and Audit on SB 14 as found on page 423 of the Senate Journal ; also

     Judiciary on SB 136 as found on page 412 of the Senate Journal ; also

     Health and Human Services on SB 180 as found on page 426 of the Senate Journal ; also

     State Affairs on SJR 2 as found on page 410 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1139:   FOR AN ACT ENTITLED, An Act to   create and provide for the education enhancement tobacco tax fund and the health care tobacco tax fund.

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


     HB 1140:   FOR AN ACT ENTITLED, An Act to   require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

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

     HB 1151:   FOR AN ACT ENTITLED, An Act to   exempt the sale of coins, currency, and bullion from sales and use taxes.

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

     HB 1160:   FOR AN ACT ENTITLED, An Act to   repeal the requirement for physician involvement in the execution of a sentence of death by eliminating certain specified roles.

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

     HB 1217:   FOR AN ACT ENTITLED, An Act to   require certain signs to identify polling places on election day.

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

     HB 1236:   FOR AN ACT ENTITLED, An Act to   allow the Department of Education to enter into certain enrollment agreements with the State of Iowa.

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

     HB 1240:   FOR AN ACT ENTITLED, An Act to   revise the filing deadlines for the nomination of certain independent candidates.

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

     HB 1241:   FOR AN ACT ENTITLED, An Act to   allow the Board of Regents to sell certain used computers through university bookstores and to declare an emergency.

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

     HB 1255:   FOR AN ACT ENTITLED, An Act to   expand the duties of the juvenile corrections monitor.

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


SECOND READING OF CONSENT CALENDAR ITEMS


     SB 79:   FOR AN ACT ENTITLED, An Act to   revise the boundaries of the Black Hills Forest Fire Protection District, 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.

     Was read the second time.

     The question being "Shall SB 79 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; 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:
Abdallah; Apa; Gant; 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.

     SB 215:   FOR AN ACT ENTITLED, An Act to   eliminate certain filings with the Department of Social Services in adoption cases in which the children are not in the custody of the department.

     Was read the second time.

     The question being "Shall SB 215 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; 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:
Abdallah; Apa; Gant; 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 1033:   FOR AN ACT ENTITLED, An Act to   impose sanctions on schools and certified school personnel for compromising the integrity of a state-required academic achievement test.

     Was read the second time.

     The question being "Shall HB 1033 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; 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:
Abdallah; Apa; Gant; 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 1034:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the data submission requirements for the state accreditation of schools.

     Was read the second time.

     The question being "Shall HB 1034 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; 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:
Abdallah; Apa; Gant; 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 1121:   FOR AN ACT ENTITLED, An Act to   provide for the purchase, sale, or transfer of certain solid waste or recyclable materials by local government entities and to revise certain provisions related to the operation of solid waste and recycling facilities.

     Was read the second time.

     The question being "Shall HB 1121 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; 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:
Abdallah; Apa; Gant; 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 1143:   FOR AN ACT ENTITLED, An Act to   repeal the limitation on liability of local government agencies and their employees for year 2000 litigation.

     Was read the second time.

     The question being "Shall HB 1143 pass?"

     And the roll being called:

     Yeas 30, Nays 0, Excused 5, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; 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:
Abdallah; Apa; Gant; 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 183:   FOR AN ACT ENTITLED, An Act to   revise the definition of agricultural purposes used for the administration of the sales and use tax.

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

183fb

     Sen. Jim Peterson moved that SB 183 be further amended as follows:

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

    "Section 1. That chapter 10-45 be amended by adding thereto a NEW SECTION to read as follows:

     The production of any sod and any nursery, greenhouse, food-bearing, and ornamental plant is considered an agricultural purpose. If the sod and plants are raised with the intent to be ultimately sold at retail, the following products are hereby specifically exempted from the tax imposed by chapter 10-45, if the products are directly used in the production of the sod or plants:

             (1)    Any pesticide as defined in §  38-20A-1 and any product or substance used in conjunction with the pesticide as enumerated in §  10-45-16.1;

             (2)    Commercial fertilizer as defined in subdivision 38-19-1(5); and

             (3)    Fuel for agricultural purposes as defined in §  10-45-19.

     No horticultural enterprise may receive the exemption pursuant to this section unless the horticultural enterprise is a resident nurseryman, as defined in subdivision 38-24B-1(11), licensed by the South Dakota Department of Agriculture; a permanent standing greenhouse operating for more than three months per year, in which the main enterprise is the raising of plants from a seed, seedling, plug, or cutting to finish as a saleable product; a grower of sod as defined in subdivision 38-24B-1(14); or a commercial grower of fruits and vegetables if the products are ultimately sold at retail for human consumption.

     Section 2. That chapter 10-46 be amended by adding thereto a NEW SECTION to read as follows:


     The production of any sod and any nursery, greenhouse, food-bearing, and ornamental plant is considered an agricultural purpose. If the sod and plants are raised with the intent to be ultimately sold at retail, the following products are hereby specifically exempted from the tax imposed by chapter 10-46, if the products are directly used in the production of the sod or plants:

             (1)    Any pesticide as defined in §  38-20A-1 and any product or substance used in conjunction with the pesticide as enumerated in §  10-45-16.1;

             (2)    Commercial fertilizer as defined in subdivision 38-19-1(5); and

             (3)    Fuel for agricultural purposes as defined in §  10-45-19.

     No horticultural enterprise may receive the exemption pursuant to this section unless the horticultural enterprise is a resident nurseryman, as defined in subdivision 38-24B-1(11), licensed by the South Dakota Department of Agriculture; a permanent standing greenhouse operating for more than three months per year, in which the main enterprise is the raising of plants from a seed, seedling, plug, or cutting to finish as a saleable product; a grower of sod as defined in subdivision 38-24B-1(14); or a commercial grower of fruits and vegetables if the products are ultimately sold at retail for human consumption."

     Which motion prevailed.

     The question being "Shall SB 183 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Gray; Napoli

     Excused:
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.

     Sen. Knudson moved that the question on the title be deferred to follow HB 1130 on today's calendar.


     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1023:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the definition of big game and the possession, transportation, and sale of big game meat and animal parts.

     Was read the second time.

     The question being "Shall HB 1023 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Olson (Ed); 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 1027:   FOR AN ACT ENTITLED, An Act to   authorize the issuance of temporary snowmobile permits to residents and to increase the fee for such permits.

     Was read the second time.

     The question being "Shall HB 1027 pass?"

     And the roll being called:

     Yeas 29, Nays 4, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton

     Nays:
Abdallah; Apa; Napoli; Schmidt (Dennis)

     Excused:
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 1039:   FOR AN ACT ENTITLED, An Act to   increase certain fees relating to the Board of Barber Examiners.

     Was read the second time.

     The question being "Shall HB 1039 pass?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak

     Nays:
Apa; Greenfield; Heidepriem; Kloucek; Napoli; Peterson (Jim); Schmidt (Dennis)

     Excused:
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 1105:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to immunity from civil liability for the placement and use of automated external defibrillators.

     Was read the second time.

     The question being "Shall HB 1105 pass?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Heidepriem; Hoerth; Koetzle; Turbak

     Excused:
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 1118:   FOR AN ACT ENTITLED, An Act to   permit counties to sell tax certificates.

     Was read the second time.

     The question being "Shall HB 1118 pass?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Hundstad; Jerstad; Koetzle; Maher; Nesselhuf

     Excused:
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 1130:   FOR AN ACT ENTITLED, An Act to   increase the level of expenditures that may be incurred before requiring the advertisement for bids for the purchase of materials, supplies, or equipment.

     Was read the second time.

     The question being "Shall HB 1130 pass?"

     And the roll being called:

     Yeas 29, Nays 5, 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; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Nays:
Abdallah; Kloucek; Koetzle; Maher; Peterson (Jim)

     Excused:
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. 13.

SECOND READING OF SENATE BILLS AND RESOLUTIONS

(continued)

     The question now being on the title to SB 183.

     Sen. Jim Peterson moved that the title to SB 183 be amended as follows:

     On page 1, line 1 of the Senate Taxation Committee engrossed bill, delete everything after " Act to " and insert "exempt the production of certain plants and sod from sales and use taxes."

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

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


MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1010.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS


     SC 8   Introduced by:  Senators Smidt (Orville) and Peterson (Jim) and Representatives Tidemann, Pitts, Rausch, and Street

         A LEGISLATIVE COMMEMORATION,  Honoring the Brookings County Youth Mentoring Program.

     WHEREAS,  the Brookings County Youth Mentoring Program has been serving the Brookings area for the last ten years, helping children to gain a sense of their own worth as individuals and to attain a set of values that will point them toward becoming positive, contributing members of society; and

     WHEREAS,  the mentoring program takes pride in its pursuit of high standards matching mentor and child, based on shared interests, age preference, and any other factor that may enhance the relationship between the mentor and child; and

     WHEREAS,  the benefits of the mentoring program are endless, providing a child with a dependable figure that can offer emotional support as well as teach a child important life skills resulting in the reversal of the often discouraging tide of disintegrating values that seem to surround us:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Brookings County Youth Mentoring Program be honored as an exemplary program and commended for its service to the Brookings community.

SIGNING OF BILLS


     The President publicly read the title to

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

     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.

     HB 1127: FOR AN ACT ENTITLED, An Act to  clarify the authority of county commissioners to set their annual salary.

     And signed the same in the presence of the Senate.

     Sen. Hundstad moved that the Senate do now adjourn, which motion prevailed and at 3:50 p.m. the Senate adjourned.

Trudy Evenstad, Secretary