JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TWENTY-SIXTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 14, 2007

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

     The prayer was offered by the Chaplain, Pastor Tim Purcell, followed by the Pledge of Allegiance led by Senate page Samantha Maag.

     Roll Call: All members present except Sen. Maher 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-fifth 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 14, 2007

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 13, 2007, I approved Senate Bills 21 and 23, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill be amended as follows:

69ca
     On page 1 of the printed bill, delete lines 3 to 15 , inclusive.

     Delete pages 2 to 15 , inclusive.

     On page 16 , delete lines 1 to 3 , inclusive.

     On page 16 , delete lines 13 to 23 , inclusive.

     On page 20 , delete lines 17 to 24 , inclusive.

     On page 21 , delete lines 7 to 16 , inclusive.

69cta
     On page 1, line 1 of the printed bill, delete everything after " revise the " and insert "distribution of certain revenues to school districts."

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill be amended as follows:

157cb
     On page 4 of the printed bill, delete lines 3 to 24 , inclusive.

     On page 5 , delete lines 1 to 16 , inclusive.

     On page 6 , delete lines 9 to 21 , inclusive, and insert:

    "Section 4. If a school district's average mean teacher salary increases by less than the index factor minus 0.6 percent, the school district's foundation program state aid shall be proportionally reduced. However, the minimum increase in the per student allocation for each school district is three percent or the index factor, whichever is less, and the base year for the calculations is school fiscal year 2007.

         Section 5. That § 13-13-72 be amended to read as follows:

     13-13-72.   It is the policy of the Legislature that the appropriation for the state aid to education foundation program increase on an annual basis by the percentage increase in local need on an aggregate statewide basis so that the relative proportion of local need paid by local effort and state aid shall remain constant. However, the increase in the per student allocation on an annual basis that exceeds three percent shall be paid solely by the state and is not a factor in this policy.

         Section 6. The Board of Education shall promulgate rules, pursuant to chapter 1-26, to create an oversight board appointed by the secretary of education for approval of applications as well as guidelines for district applications based on district instructional goals or market compensation. Participation in the program is discretionary. District applications shall be approved by the local board of education. The applications shall be reviewed by the teacher compensation assistance program oversight board and shall be recommended to the Board of Education for final approval."


     On page 7 , line 13, delete everything after " goals " and insert "or market compensation".

     On page 7 , line 14, delete " pay " .

157ca
     On page 1 , delete lines 4 to 13 , inclusive, and insert:

    "Section 1. 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;

             (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 "Fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the previous school year minus the number of students for whom the district receives tuition, except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to §  13-28-42.1, plus the number of students for whom the district pays tuition. No student who is partially enrolled in a school may be counted in the fall enrollment for that school unless the partial enrollment exceeds fifty percent. When computing state aid to education for a school district under the foundation program pursuant to §  13-13-73, the secretary of the Department of Education shall use either the school district's fall enrollment or the average of the school district's fall enrollment and the school district's fall enrollment from the prior year, whichever is higher;

                 (1A)    "Current fall enrollment," the number of kindergarten through twelfth grade students enrolled in all schools operated by the school district on the last Friday of September of the current school year minus the number of students for whom the district receives tuition except nonresident students who are in the care and custody of a state agency and are attending a public school and students for whom tuition is being paid pursuant to §  13-28-42.1, plus the number of students for whom the district pays tuition. No student who is partially enrolled in a school may be counted in the current fall enrollment for that school unless the partial enrollment exceeds fifty percent;

                 (2)    "Small school adjustment," for school districts with a fall enrollment of at least one hundred, but less than six hundred, is calculated as follows:
             (a)    Multiply the fall enrollment times negative 0.0005;
             (b)    Add 0.3 to the result of subsection (a); and
             (c)    Multiply the sum obtained in subsection (b) times $4,237.72;

                 (2A)    "State general fund revenue," all revenue deposited into the state's general fund;
                  (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 four and three- tenths percent, whichever is greater. However, the index factor may not exceed the annual percentage change in the state general fund revenue for the year prior to the year immediately preceding the year of adjustment ;

                 (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 is the sum of:
             (a)    The per student allocation multiplied by the adjusted average daily membership fall enrollment; and
             (b)    The small school adjustment, if applicable, multiplied by the fall enrollment ;

                 (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 lesser of:
             (a)    The general fund balance percentage as of June 30, 2000 ; or
             (b)    The maximum allowable percentage for that particular fiscal year as stated in this subsection.

                 For fiscal year 2008, the maximum allowable percentage is one hundred percent; for fiscal year 2009, eighty percent; for fiscal year 2010, sixty percent; for fiscal year 2011, forty percent; for fiscal year 2012 and subsequent fiscal years, twenty-five percent . However, the general fund base percentage can never increase and can never be less than twenty twenty-five percent;

                 (10)      "Allowable general fund balance," the general 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. "

     Delete pages 2 to 4 , inclusive.

     On page 5 , delete lines 1 to 16 , inclusive.

     On page 5 , line 21, delete " average daily membership " and insert "fall enrollment".

     On page 6 , line 1, delete " average daily membership " and insert "fall enrollment".

     On page 6 , line 2, delete " average daily membership " and insert "fall enrollment".

     On page 7 , line 6, delete " average daily membership " and insert "fall enrollment".

                  On page 7 , line 10, delete " average daily membership " and insert "fall enrollment".

     On page 7 , after line 16, insert:

    "Section 8. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

         Any school district that has a fall enrollment, as defined in this Act, of less than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007 shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district.

         Section 9. That § 13-6-92 be amended to read as follows:

     13-6-92.   If two or more school districts consolidate after July 1, 2001 , the new school district is entitled to an additional three six hundred dollars per average daily membership as defined in § 13-13-10.1 fall enrollment as defined in this Act , up to a maximum of four hundred average daily membership fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 , the new school district is entitled to an additional two four hundred dollars per average daily membership as defined in § 13-13-10.1 fall enrollment as defined in this Act , up to a maximum of four hundred average daily membership fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 , the new school district is entitled to an additional one two hundred dollars per average daily membership as

defined in § 13-13-10.1 fall enrollment as defined in this Act , up to a maximum of four hundred average daily membership fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

         Section 10. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

         The consolidation incentives provided for in § §  13-13-1.4 to 13-13-1.7, inclusive, apply only to those school districts whose consolidations are completed prior to July 1, 2007.

         Section 11. That § 13-13-1.4 be amended to read as follows:

     13-13-1.4.   If two or more school districts consolidate, for a period of four years after consolidation, the adjusted average daily membership local need for the newly formed district shall be based upon the average daily membership as defined in § 13-13-10.1 fall enrollment as defined in this Act of those school districts that have not previously benefited from this section as they existed prior to consolidation. In years two to four, inclusive, after the consolidation, the relationship between the adjusted average daily membership local need and average daily membership fall enrollment shall be proportional to the relationship that existed for the first year.

         Section 12. That § 13-13-1.5 be amended to read as follows:

     13-13-1.5.   In years five to eight, inclusive, after the consolidation of two or more school districts, the adjusted average daily membership local need for the newly formed district shall be calculated as follows:

                 (1)      Calculate adjusted average daily membership local need pursuant to § 13-13-10.1 §  13-13-73 ;
                 (2)      Notwithstanding the four-year time limit, calculate adjusted average daily membership local need pursuant to § 13-13-1.4;
                 (3)      Subtract the results of subdivision (1) from the results of subdivision (2);
                 (4)      Multiply the results of subdivision (3) by eighty percent in the fifth year, sixty percent in the sixth year, forty percent in the seventh year, and twenty percent in the eighth year;
                 (5)      Add the results of subdivision (1) and the results of subdivision (4).

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

         If a school district's current fall enrollment, as defined in this Act, increases by at least five percent or by a minimum of twenty-five students over the fall enrollment, that school district shall receive a one-time payment equal to fifty percent of the per student allocation times the number of students by which the current fall enrollment exceeds the fall enrollment. The payment shall be made to the district prior to the first of December in the current school year.

         Section 14. That § 13-13-73.2 be amended to read as follows:


     13-13-73.2.   A school district's state aid for general education as calculated pursuant to § 13-13-73 shall be reduced by the following calculation :
             (1)      Subtract the allowable general fund balance from the general fund balance. If the result is less than zero, (1) equals zero;
             (2)      Determine the lower of the general fund base percentage or the general fund balance percentage;
             (3)      Subtract twenty percent (0.2) from the result of (2). If the result is less than zero, (3) equals zero;
             (4)      Multiply the result of (3) by the district's general fund expenditures in the previous school fiscal year;
             (5)      Multiply the result of (4) by the imputed interest rate;
             (6)      Add the result of (1) and the result of (5) amount calculated by subtracting the allowable general fund balance from the general fund balance. If the result is less than zero, the result equals zero .

         Section 15. That § 13-13-73.3 be amended to read as follows:

     13-13-73.3.   The secretary of education shall determine the reduction in state aid to education pursuant to § 13-13-73.2. The secretary of education shall distribute the amount of money so determined to school districts that received state aid pursuant to chapter 13-13 on a pro rata basis according to the district's average daily membership fall enrollment compared to the total average daily membership fall enrollment of all districts eligible for this distribution.

         Section 16. That § 13-13-78 be amended to read as follows:

     13-13-78.   Terms used in § 13-13-79 mean:

                 (1)      "Sparse school district," a school district that meets each of the following criteria:
             (a)      Has an average daily membership a fall enrollment per square mile of 0.50 or less;
             (b)      Has an average daily membership a fall enrollment of five hundred or less;
             (c)      Has an area of four hundred square miles or more;
             (d)      Has at least fifteen miles between its secondary attendance center or centers and that of an adjoining district;
             (e)      Operates a secondary attendance center;
             (f)      Levies ad valorem taxes at the maximum rates allowed pursuant to § 10-12-42 or more; and
             (g)      Has a general fund balance percentage of thirty percent or less excluding revenue received from opting out of property tax limitations pursuant to chapter 10-12;

                 (2)      "Sparsity average daily membership fall enrollment ," for sparse school districts with a fall enrollment as defined in this Act of less than eighty-three or greater than two hundred thirty-two, is calculated as follows:
             (a)      For sparse school districts with an adjusted average daily membership as defined in subdivision 13-13-10.1(2) of less than one hundred or greater than two hundred seventy-five, divide the average daily membership as defined in

subdivision 13-13-10.1(1) Divide the fall enrollment as defined in this Act by the area of the school district in square miles;

             (b)      Multiply the quotient obtained in subsection (a) times negative 0.125;
             (c)      Add 0.0625 to the product obtained in subsection (b); and
             (d)      Multiply the sum obtained in subsection (c) times the average daily membership fall enrollment ;

                 (3)      "Sparsity adjusted average daily membership fall enrollment ," calculated as follows: For any sparse school district with an adjusted average daily membership as defined in subdivision 13-13-10.1(2) of no less than one hundred, but no more than two hundred seventy-five, the sparsity adjusted average daily membership is two hundred seventy-five for sparse school districts with a fall enrollment as defined in this Act of at least eighty-three, but no more than two hundred thirty-two, subtract the fall enrollment from two hundred thirty-two .

         Section 17. That § 13-13-79 be amended to read as follows:

     13-13-79.   At the same time that foundation program state aid is distributed to school districts pursuant to §§ 13-13-10.1 to 13-13-41, inclusive, the secretary of the Department of Education shall distribute funds to sparse school districts by multiplying either the sparsity average daily membership calculation or the sparsity adjusted average daily membership calculation in § 13-13-78 the result of the calculation in either subdivision 13-13-78(2) or subdivision 13-13-78(3) by the per student allocation as defined in § 13-13-10.1. However, no sparse school district may receive a sparsity benefit in any year that exceeds two hundred fifty one hundred twenty-five thousand dollars.

         Section 18. That § 13-13-1.2 be amended to read as follows:

     13-13-1.2.   Any records related to the reporting of average daily membership fall enrollment of a public school district shall be subject to examination by the Department of Education at all times.

         Section 19. That § 13-13-1.3 be amended to read as follows:

     13-13-1.3.   If, in the department's examination of average daily membership fall enrollment , it is determined that the data was overreported, the department shall recover the amount of state aid overpaid as a result of the overreporting. Upon recovery of the overpayment, the department shall deposit the overpayment into the state general fund. If the overreporting occurred with the intent to increase the amount of state aid received by overreporting, the individual person responsible for the overreporting may be charged with a Class 1 misdemeanor as provided in § 13-8-44, with the maximum penalty as defined in § 22-6-2.

     Section 20. That § 13-13-1.8 be amended to read as follows:

     13-13-1.8.   Students No student attending the Black Hills Forest High School in Lawrence County may not be included by any school district in its average daily membership fall enrollment for purposes of state aid to education.

         Section 21. That § 13-15-28 be amended to read as follows:

     13-15-28.   Any school district that enters into contractual agreements pursuant to § 13-15- 11 and sends over fifty percent of its resident students enrolled in grades for which it contracts to an adjoining school district or districts located in South Dakota shall reorganize the school district pursuant to chapter 13-6 within two years of the end of the school year. For the purposes of this section, the number of students attending adjoining districts shall be based on average daily membership pursuant to subdivision 13-13-10.1(1) fall enrollment as defined in this Act . This section does not apply to a school district located wholly within the boundaries of an Indian reservation.

         Section 22. That § 13-28-40 be amended to read as follows:

     13-28-40.   An enrollment options program is established to enable any South Dakota kindergarten through twelfth grade student to attend any public school that serves the student's grade level in any South Dakota school district, subject to the provisions in §§ 13-28-40 to 13- 28-47, inclusive. For purposes of determining state aid to education as it relates to the provisions of §§ 13-28-40 to 13-28-47, inclusive, average daily membership as defined in § 13-13-10.1 fall enrollment as defined in this Act is used to compute foundation aid and special education average daily membership as defined in § 13-37-35 is used to determine funding for special education.

         Section 23. That § 13-28-49 be amended to read as follows:

     13-28-49.   Notwithstanding the provisions of § 13-28-40, any student who enrolls in another school district pursuant to the provisions contained in §§ 13-28-40 to 13-28-47, inclusive, from a district that does not receive state aid pursuant to chapter 13-13 in the succeeding fiscal year remains the financial obligation of the resident district. For each student, the resident district shall pay tuition to the nonresident district in the succeeding fiscal year per the following calculation:

                 (1)      Multiply Determine the nonresident district's adjusted average daily membership calculated pursuant to subdivision 13-13-10.1(2) by the per student allocation as defined in subdivision 13-13-10.1(4) local need pursuant to subdivision 13-13-73(2) ;
                 (2)      Divide the result of (1) by the nonresident district's average daily membership calculated pursuant to subdivision 13-13-10.1(1) fall enrollment as defined in this Act ;
                 (3)      Multiply the result of (2) by the number of days the student was enrolled in the nonresident district;
                 (4)      Divide the result of (3) by the number of days the nonresident district was in session.

         Section 24. That § 13-28A-7 be amended to read as follows:

     13-28A-7.   For the purposes of state aid to education distributed pursuant to chapter 13-13, any student sent to South Dakota from North Dakota is included in the receiving school district's average daily membership fall enrollment .

         Section 25. That § 13-28A-8 be amended to read as follows:

     13-28A-8.   For the purposes of state aid to education distributed pursuant to chapter 13-13, any student sent to North Dakota from South Dakota may not be included in the resident school district's average daily membership fall enrollment .

         Section 26. That § 12-25-6.1 be amended to read as follows:

     12-25-6.1.   The provisions of this chapter, except §§ 12-25-27 to 12-25-31, inclusive, do not apply to any candidate or candidate election for judicial, municipal, or other governmental subdivision offices. However, the governing body of any municipality or other governmental subdivision may adopt an ordinance or resolution to make the provisions of chapter 12-25, with or without amendments, applicable to municipal or other governmental subdivision elections. The provisions of this chapter do apply to any candidate or candidate election for any county office or school board seat in a district with an average daily membership a fall enrollment in excess of two thousand students during the previous academic year.

         Section 27. That § 42-7B-48.1 be amended to read as follows:

     42-7B-48.1.   Disbursements from the Gaming Commission fund shall be as set forth in § 42-7B-48 until such time as the net municipal proceeds paid to the City of Deadwood equals six million eight hundred thousand dollars for each year, and after payment of commission expenses pursuant to subdivision 42-7B-48(2), and after payment of one hundred thousand dollars to the State Historical Preservation Grant and Loan fund pursuant to subdivision 42-7B- 48(4). Thereafter, all remaining funds shall be distributed as follows:

                 (1)      Seventy percent to the state general fund;
                 (2)      Ten percent to be distributed to municipalities in Lawrence County, except the City of Deadwood, pro rata according to their population;
                 (3)      Ten percent to be distributed to school districts, pro rata based upon the previous year's average daily membership fall enrollment , located in whole or in part, in Lawrence County. For any school district located only partly in Lawrence County, only that portion of the district's average daily attendance fall enrollment which represents students residing in Lawrence County shall be considered in calculating the proration required by this subdivision; and
                 (4)      Ten percent to the City of Deadwood for deposit in the historic restoration and preservation fund.

         Section 28. That § 13-16-26 be amended to read as follows:

     13-16-26.   All or any part of a surplus of any school district fund, except the capital outlay fund provided by §§ 13-16-6 to 13-16-9, inclusive, and the special education fund provided by § 13-37-16 may be transferred to any other school district fund. However, any Only a school district with a plan for reorganization that has been approved by the voters pursuant to § 13-6-47 may transfer all or any part of a surplus in the capital outlay fund to the general fund. Any unused portion of money that has been transferred into the special education fund may be transferred from the special education fund within the current fiscal year to the fund from which it originated. All or any part of any school district fund may be loaned to any other school district fund for a term not to exceed twenty-four months."


157cta
     On page 1, line 1 of the printed bill, delete " state aid to education formula " and insert "funding for K-12 education".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill be amended as follows:

174ca
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. There is hereby appropriated from the general fund the sum of one dollar ($ 1 ), or so much thereof as may be necessary, to the Department of Education to enhance education in public elementary and secondary schools in the state.

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

         Section 3. Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2008, shall revert in accordance with §   4-8-21."


174cta
     On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "enhance education in the state and to make an appropriation therefor."

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  203 and tabled the same.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  116 and 117 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

 Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1286 and returns the same with the recommendation that said bill be amended as follows:

1286ob
     On page 1, line 14 of the House State Affairs Committee engrossed bill, after " records " insert "maintained pursuant to §  1-20-21".

     On page 2 , line 10, after " record " insert "maintained pursuant to §  1-20-21".

     And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1226 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1018, 1064, 1065, and 1100 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill be amended as follows:

164ff
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

         Any taxing district that did not levy a property tax for general fund purposes in any year since 1996 is exempt from the provisions of §  10-13-35 if the taxing district establishes the amount of revenue payable from taxes on real property for general fund purposes pursuant to section 2 of this Act. Each year thereafter such taxing district may increase the amount of revenue payable from property taxes by applying the growth and the index factor pursuant to §  10-13-35. Any excess levy imposed on property pursuant to §  10-13-36 terminates when a general fund levy is imposed by such taxing district pursuant to section 2 of this Act.

         Section 2. That chapter 10-13 be amended by adding thereto a NEW SECTION to read as follows:

         The governing body of a taxing district may, by resolution, impose the levy provided in section 1 of this Act with an affirmative two-thirds vote of the governing body on or before July fifteenth. The decision of the governing body to impose the levy shall be published within ten days of the decision as follows:

                 (1)      Publication shall be made at least twice in the legal newspaper designated by the governing body pursuant to law, with no fewer than five days between publication dates, before the tax imposition takes effect;
                 (2)      The announcement shall be at least three newspaper columns in width and four inches in length or at least one-sixth of a page in size, whichever size is greater;
                 (3)      The announcement shall be headed with the following statement in a typeface no less than eighteen point type: "ATTENTION TAXPAYERS: NOTICE OF PROPERTY TAX IMPOSED OF $(fill in amount)." The remainder of the announcement shall consist of a reproduction of the resolution including the amount that property taxes will be imposed and a statement of the right to refer the decision of the board to a vote of the people as provided in this section. The secretary of revenue and regulation, in rules promulgated pursuant to chapter 1-26, shall prescribe a uniform form to be used by the taxing district for notification of taxpayers as required by this section.

             However, the requirements of subdivisions (2) and (3) are waived if:
             (a)      The property tax imposed is for less than fifteen thousand dollars; or
             (b)      A copy of the resolution is mailed to every property taxpayer in the local governmental unit, by first class mail or bulk mail, within twenty days of the decision; and
             (c)      A copy of the resolution is printed in each official newspaper in the local governmental unit's boundaries.

         For the purposes of subsections (a),(b),and(c), the first publication is not deemed to have occurred until three days after the mailing is sent or the resolution is delivered to the official newspaper.

         The governing body's decision may be referred to a vote of the people upon a resolution of the governing body of the taxing district or by a petition signed by at least five percent of the registered voters in the taxing district and filed with the respective governing body within twenty days of the first publication of the decision. The referendum election shall be held on or before October first preceding the year the taxes are payable."
164fg
     On the previously adopted amendment (164ff) in section 2, subsection (b), delete "local governmental unit" and insert "taxing district"

     In section 2, subsection (c), delete "official" and insert "legal"

     In section 2, subsection (c), delete "local governmental unit's" and insert "taxing district's"

     In section 2, in the paragraph after subsection (c), delete "official" and insert "legal"

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

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 182 and returns the same with the recommendation that said bill be amended as follows:

182ta
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 49-34A-8 be amended to read as follows:

     49-34A-8.   The Public Utilities Commission commission , in the exercise of its power under this chapter to determine just and reasonable rates for public utilities, shall give due consideration to the public need for adequate, efficient , economical, and reasonable service and to the need of the public utility for revenues sufficient to enable it to meet its total current cost of furnishing such service, including taxes and interest, and including adequate provision for depreciation of its utility property used and necessary in rendering service to the public, and to earn a fair and reasonable return upon the value of its property.

         Section 2. That chapter 49-34A be amended by adding thereto a NEW SECTION to read as follows:

         The burden is on the public utility to establish that the underlying costs of any rates, charges, or automatic adjustment charges filed under this chapter are prudent, efficient, and economical and are reasonable and necessary to provide service to the public utility's customers in this state."

182tta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise and establish certain provisions regarding the setting of rates for public utilities."

     On page 1 , delete line 2 .

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

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 40, which was reconsidered, and 205 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1069 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1152 and 1153 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 Judiciary respectfully reports that it has had under consideration HB 1058 and returns the same with the recommendation that said bill be amended as follows:

1058rc
     On page 3, line 23 of the House engrossed bill, after " services " insert " , if those community-based services were not provided prior to commitment, ".

     On page 5 , line 1, after " services " insert " , if those community-based services were not provided prior to commitment ".

     On page 5 , line 13, after " Corrections " insert " upon the following ".

     On page 5 , line 14, delete " Upon " and insert " As a reward for good conduct and upon ".

     On page 5 , line 15, after " on " insert " adult ".

     On page 5 , line 17, after " juvenile " insert " , upon reaching the age of majority, ".

     On page 6 , line 1, after " restitution " delete " , incurred by adjudication for the offense for which the juvenile was committed " .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1102 and returns the same with the recommendation that said bill be amended as follows:

1102ra
     On page 2, line 2 of the printed bill, after " . " insert " Proof of noncompliance with the requirements of the applicable National Electrical Safety Code standard establishes lack of due care in the defense of a negligence claim alleging a violation of that standard. "

     On page 2 , line 9, after " . " insert " Proof of noncompliance with the requirements of the applicable National Electrical Safety Code standard establishes lack of due care in the defense of a negligence claim alleging a violation of that standard. "

     On page 2 , line 21, after " . " insert " Proof of noncompliance with the requirements of the applicable National Electrical Safety Code standard establishes lack of due care in the defense of a negligence claim alleging a violation of that standard. "

     And that as so amended 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 171 and 172 and HB 1161 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1031 and 1077 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 Health and Human Services respectfully reports that it has had under consideration SB 130, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

130ja
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:


         Any electronic list of persons married in South Dakota may be released by the Department of Health or the local registrar of deeds."

    130jta
     On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "permit the Department of Health to provide an electronic report of marriages upon request."

     On page 1 , delete lines 2 and 3 .

    
    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 SB 197 and returns the same with the recommendation that said bill be amended as follows:


197ja
     On page 1, line 14 of the printed bill, delete everything after " gift. " and insert "The term does not include a blastocyst, embryo, or fetus that is the subject of an induced abortion."

     On page 1 , delete line 15 .

     On page 5 , line 9, delete " sixteen " and insert "fourteen".

     On page 18 , line 11, delete " paragraphs (1) and " and insert "paragraph".

     On page 21 , line 9, after " recovery " insert "of an organ for transplantation".

     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 SB 208, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

208ca
     On page 5, after line 22 of the printed bill, insert:

    "Section 14. The department may promulgate rules pursuant to chapter 1-26 to establish application procedures and timelines, and to set forth standards for the posting of signs as required by this Act."


208jd
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. Terms used in this Act mean:

                 (1)    "Phototherapy device," equipment that emits ultraviolet radiation and is used in treating disease;
                 (2)    "Tanning device," equipment that emits electromagnetic radiation having wavelengths in the air between two hundred and four hundred nanometers and that is used for tanning of human skin and any equipment used with that equipment, including protective eyewear, timers, and handrails. However, the term, tanning device, does not include a phototherapy device used by a physician;
                 (3)    "Tanning facility," a place or business that provides persons access to a tanning device.

         Section 2. No owner or employee of a tanning facility may allow a minor under eighteen years of age to use a tanning device unless the minor provides a written informed consent statement signed and dated by the minor's parent or legal guardian stating that the parent or legal guardian has read and understands the warnings provided by the tanning facility, consents to the minor's use of the tanning device, and agrees that the minor shall use protective eyewear. A violation of this section is a Class 2 misdemeanor."

208jta
     On page 1, line 1 of the printed bill, delete " provide for the regulation " and insert "place certain restrictions on the use".

     On page 1 , line 1, after " devices " insert "by minors".

     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 HB 1296 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 11 was delivered to his Excellency, the Governor, for his approval at 2:45 p.m., February 13, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1032, 1048, 1060, 1131, 1155, 1169, 1200, 1209, 1251, 1256, 1262, 1266, 1277, and 1278 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Gant moved that the rules be suspended for the sole purpose of giving second reading and immediate consideration to HB 1233.

     The question being on Sen. Gant's motion that the rules be suspended for the sole purpose of giving second reading and immediate consideration to HB 1233.

     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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried, the rules were suspended, and HB 1233 was up for second reading and immediate consideration .

     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 second time.

     The question being "Shall HB 1233 pass?"

     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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

     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.

     HCR 1006:   A CONCURRENT RESOLUTION,   Encouraging the Board of Regents to approve the creation of a Mandarin Chinese major curriculum at Northern State University.

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

     Yesterday, Sen. Kloucek announced his intention to reconsider the vote by which SB 3 passed.

     Sen. Kloucek moved that the Senate do now reconsider the vote by which SB 3 passed.

     The question being on Sen. Kloucek's motion to reconsider the vote by which SB 3 passed.

     And the roll being called:

     Yeas 9, Nays 24, Excused 2, Absent 0

     Yeas:
Katus; Kloucek; Koetzle; Napoli; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls

     Nays:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

     Excused:
Apa; Maher

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

     Yesterday, Sen. Knudson announced his intention to reconsider the vote by which SB 104 lost.

     No member moved to reconsider the vote by which SB 104 lost.

CONSIDERATION OF REPORTS OF COMMITTEE


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

     Appropriations on SB 59 as found on page 489 of the Senate Journal ; also

     Appropriations on SB 218 as found on page 490 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1032:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund a dental externship program.

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

     HB 1048:   FOR AN ACT ENTITLED, An Act to   reform certain campaign finance requirements and to establish certain fines and penalties.

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

     HB 1060:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to purchase real property, to make an appropriation therefor, and to declare an emergency.

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

     HB 1131:   FOR AN ACT ENTITLED, An Act to   increase the amount of funding for conservation and value-added agriculture purposes from certain unclaimed motor fuel tax refunds.

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

     HB 1155:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning wholesale drug distributors.

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

     HB 1169:   FOR AN ACT ENTITLED, An Act to   establish the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an emergency.

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

     HB 1200:   FOR AN ACT ENTITLED, An Act to   increase the penalty for multiple violations of disorderly conduct.

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

     HB 1209:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the confidentiality of the juvenile corrections monitor report.

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

     HB 1251:   FOR AN ACT ENTITLED, An Act to   exempt the gross receipts received from certain controlled groups from the contractor's excise tax.

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

     HB 1256:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2007 regarding appropriations to the Office of School and Public Lands, and to declare an emergency.

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

     HB 1262:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding property tax exemptions for certain power generation facilities.

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

     HB 1266:   FOR AN ACT ENTITLED, An Act to   allow a home school student to partially enroll in the student's resident school district or in another school district under certain circumstances and to clarify certain testing requirements for students who are partially enrolled.

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

     HB 1277:   FOR AN ACT ENTITLED, An Act to   allow temporary contractual agreements between certain school districts to exist for an additional year.

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

     HB 1278:   FOR AN ACT ENTITLED, An Act to   require emergency medical technicians to be trained in the administration of epinephrine.

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

HONORED GUESTS


     The President introduced Linda Margheim of the Mitchell School District Board of Education. She was selected 2006-2007 Associated School Boards of South Dakota Outstanding School Board Member.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Kloucek requested that HB 1129 be removed from the Consent Calendar.

     HB 1024:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding application for game and fish licenses and preference points.

     Was read the second time.

     The question being "Shall HB 1024 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1025:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the definition of predator/varmint and predator/varmint licenses.

     Was read the second time.

     The question being "Shall HB 1025 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1040:   FOR AN ACT ENTITLED, An Act to   repeal the manager license, revise the requirements for a salon license, and revise the requirements for an instructor license with regard to the practice of cosmetology.


     Was read the second time.

     The question being "Shall HB 1040 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1089:   FOR AN ACT ENTITLED, An Act to   define the term, consideration, as it relates to the payment of fees for certain transfers or exchanges of real property.

     Was read the second time.

     The question being "Shall HB 1089 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1114:   FOR AN ACT ENTITLED, An Act to   allow postsecondary technical institutes to engage in business-type activities.

     Was read the second time.

     The question being "Shall HB 1114 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1117:   FOR AN ACT ENTITLED, An Act to   permit the extending of the duration of stalking and protection orders.

     Was read the second time.

     The question being "Shall HB 1117 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1119:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning mechanics' or materialmen's liens.

     Was read the second time.

     The question being "Shall HB 1119 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1122:   FOR AN ACT ENTITLED, An Act to   revise and update the references to the building codes.

     Was read the second time.

     The question being "Shall HB 1122 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1136:   FOR AN ACT ENTITLED, An Act to   allow certain disabled bow hunters to use special equipment to operate the bow.

     Was read the second time.

     The question being "Shall HB 1136 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

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

     Was read the second time.

     The question being "Shall HB 1257 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 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 second time.

     The question being "Shall HB 1259 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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.


      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 second time.

     The question being "Shall HCR 1003 as found on page 236 of the House Journal be concurred in?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 14:   FOR AN ACT ENTITLED, An Act to   increase the maximum fees for conducting certain weights and measures inspections and testing.

     Was read the second time.

     The question being "Shall SB 14 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Abdallah; Dempster; Gant; Garnos; Gray; Hanson (Gary); Hundstad; Hunhoff; Jerstad; Knudson; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Turbak

     Nays:
Albers; Apa; Bartling; Duenwald; Greenfield; Hansen (Tom); Hauge; Heidepriem; Hoerth; Katus; Kloucek; Koetzle; Lintz; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Sutton; Two Bulls

     Excused:
Maher

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

     SB 132:   FOR AN ACT ENTITLED, An Act to   establish the Zaniya Project Task Force, to prescribe its mission and composition, and to declare an emergency.

     Was read the second time.

132jc

     Sen. Dempster moved that SB 132 be further amended as follows:

     On page 1, line 13 of the Senate Health and Human Services Committee engrossed bill, after " appoint " insert "at least".

     On page 1 , line 13, after " House " insert ", with at least one member from each political party,".

     On page 1 , line 14, after " appoint " insert "at least".

     On page 1 , line 14, after " Senate " insert ", with at least one member from each political party".

     Which motion prevailed.

     The question being "Shall SB 132 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Greenfield

     Excused:
Apa; Hundstad; Maher

     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 169:   FOR AN ACT ENTITLED, An Act to   provide for the formation of legislative ethics committees and to provide for the adoption of legislative codes of ethics.

     Was read the second time.

     Sen. Heidepriem moved that SB 169 be deferred to Thursday, February 15, the 27th legislative day.

     Which motion prevailed.

     SB 196:   FOR AN ACT ENTITLED, An Act to   revise the places where smoking is prohibited.

     Was read the second time.

     The question being "Shall SB 196 pass as amended?"

     And the roll being called:

    The President voting Yea.

     Yeas 18, Nays 17, Excused 1, Absent 0

     Yeas:
Dempster; Duenwald; Gant; Hansen (Tom); Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Turbak; Two Bulls

     Nays:
Abdallah; Albers; Apa; Bartling; Garnos; Gray; Greenfield; Hanson (Gary); Heidepriem; Kloucek; Koetzle; Lintz; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); Sutton

     Excused:
Maher

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


     Sen. Apa announced his intention to reconsider the vote by which SB 196 passed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1078:   FOR AN ACT ENTITLED, An Act to   allow tribal agencies that provide child welfare services to obtain results from a check of the central registry for abuse and neglect.

     Was read the second time.

     The question being "Shall HB 1078 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Napoli

     Excused:
Abdallah; Gant; Maher

     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 1079:   FOR AN ACT ENTITLED, An Act to   establish certain provisions regarding the child abuse and neglect central registry.

     Was read the second time.

     The question being "Shall HB 1079 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Maher

     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 1099:   FOR AN ACT ENTITLED, An Act to   authorize certain domestic limited liability companies and partnerships to be registered agents of foreign corporations.

     Was read the second time.

     The question being "Shall HB 1099 pass?"

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0

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

     Nays:
Kloucek

     Excused:
Gant; Maher; 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 1071:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the title of initiated measures and the filing of initiated measures.

     Was read the second time.

     The question being "Shall HB 1071 pass?"

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0

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

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

     Excused:
Maher

     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 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 second time.

     The question being "Shall HB 1154 pass?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Apa; Greenfield; Kloucek; Koetzle; McNenny

     Excused:
Maher

     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 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 second time.

     The question being "Shall HB 1160 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Hundstad; Koetzle; Nesselhuf

     Excused:
Maher

     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 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 second time.

     The question being "Shall HB 1165 pass?"

     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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

     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 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 second time.

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     Sen. Bartling moved that HB 1175 be amended as follows:

     On page 2, after line 16 of the printed bill, insert:

    "Section 3. There is established the South Dakota Death Penalty Study Commission. The commission shall study all aspects of the death penalty as currently administered in the State of South Dakota, including the following issues:

                 (1)    Which methods of and protocol for execution have the least risk of morally or legally unacceptable complications;
                 (2)    Whether the death penalty rationally serves a legitimate purpose such as deterrence or healing the families of victims;
                 (3)    Whether public safety can be adequately protected by the punishment of life in prison, and if not what additional measures are necessary to protect public safety;
                 (4)    Whether, in order to insure public safety, it is necessary to restrict the Governor's ability to commute life sentences;
                 (5)    Whether there is a significant difference between the cost of the death penalty from indictment to execution and the cost of life in prison;
                 (6)    Whether the selection of defendants in South Dakota for capital trials is arbitrary, unfair, or discriminatory in any way;
                 (7)    Whether the state's interest in executing some of those who are guilty of capital crimes is sufficiently compelling that the risk of irreversible mistake is acceptable; and
                 (8)    Whether the death penalty is consistent with evolving standards of decency.

         Section 4. The commission shall be composed of fourteen members. Appointments shall reflect the diversity of the population of South Dakota. Members shall be appointed as follows:

                 (1)    Four members appointed by the Governor, at least two of whom shall be appointed from the religious and ethical community in South Dakota;
                 (2)    Two members appointed by the president pro tempore of the Senate. The members shall be members of the Senate and may not be members of the same political party;
                 (3)    Two members appointed by the speaker of the House of Representatives. The members shall be members of the House of Representatives and may not be members of the same political party;
                 (4)    The Minnehaha County public defender or a designee;
                 (5)    The Pennington County public defender or a designee;
                 (6)    The attorney general or a designee;
                 (7)    The president of the South Dakota State Bar Association or a designee;
                 (8)    One member appointed by the State's Attorneys' Association of South Dakota; and
                 (9)    A family member of a victim appointed by the Governor.

Members shall be appointed within thirty days of the effective date of this Act. Any vacancy in the membership shall be filled in the same manner as the original appointment.

         Section 5. The commission is under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee. The commission shall prepare a report detailing its findings, which shall include any proposals for legislation it deems advisable. The commission shall submit the report to the Governor and Legislature no later than December 1, 2007.

         Section 6. Beginning on the effective date of this Act, if a defendant has been sentenced to death pursuant to South Dakota law, the sentence of death may not be executed before July 1, 2008."


     Sen. McCracken moved the previous question.

     Which motion prevailed.

     Sen. Nesselhuf requested a roll call vote.

    Which request was supported.

    The question being on Sen. Bartling's motion that HB 1175 be amended.

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent 0

     Yeas:
Bartling; Heidepriem; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls

     Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hoerth; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

     Excused:
Maher

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

     The question now being "Shall HB 1175 pass?"

     And the roll being called:

     Yeas 26, Nays 7, Excused 2, Absent 0

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

     Nays:
Hundstad; Jerstad; Katus; Koetzle; Nesselhuf; Sutton; Two Bulls

     Excused:
Maher; Turbak

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

     Was read the second time.

     Sen. Lintz moved that HB 1255 be laid on the table.

     The question being on Sen. Lintz's motion that HB 1255 be laid on the table.

     And the roll being called:

     Yeas 18, Nays 16, Excused 1, Absent 0

     Yeas:
Abdallah; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Kloucek; Knudson; Lintz; McCracken; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

     Nays:
Albers; Dempster; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Koetzle; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton; Turbak; Two Bulls

     Excused:
Maher


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

     Sen. Heidepriem announced his intention to reconsider the vote by which HB 1255 lost.

     HB 1016:   FOR AN ACT ENTITLED, An Act to   exempt law enforcement and emergency vehicle accidents from certain driving records.

     Was read the second time.

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     Sen. Gant moved that HB 1016 be further amended as follows:

     On page 2, line 23 of the Senate Judiciary Committee engrossed bill, delete " 58-11 " and insert "58-24".

     On page 3 , line 11, after " . " insert "Any premium or rate increase in violation of this section, which is made erroneously and does not constitute a continuing business practice of the insurer, may not be the basis of any disciplinary action by the division against the insurer if the insurer refunds any excess premium promptly upon discovery of the error or upon request by the insured."

     Which motion prevailed.

     The question being "Shall HB 1016 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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

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

     Sen. Knudson moved that HB 1068 and 1183 be deferred to Thursday, February 15, the 27th legislative day.

     Which motion prevailed.

     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 1019 and 1021.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 18: FOR AN ACT ENTITLED, An Act to  revise the chiropractic scope of practice.

     SB 35: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the licensing and regulation of technical professionals.

     SB 38: FOR AN ACT ENTITLED, An Act to  define expansion of an existing building or structure for purposes of the tax refund program for the construction of agricultural processing and new business facilities.

     SB 49: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the Board of Counselor Examiners' authority to promulgate rules regarding marriage and family therapy.

     HB 1020: FOR AN ACT ENTITLED, An Act to  permit the South Dakota Department of Agriculture to contract with individual firefighters and support personnel.

     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.

     HB 1034: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the data submission requirements for the state accreditation of schools.

     HB 1035: FOR AN ACT ENTITLED, An Act to  revise the required grade levels for assessment of writing skills.

     HB 1037: FOR AN ACT ENTITLED, An Act to  repeal certain health certification requirements of school employees.

     HB 1038: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the interstate enrollment options program.

     HB 1051: FOR AN ACT ENTITLED, An Act to  revise certain requirements regarding the licensing of insurance producers.

     HB 1052: FOR AN ACT ENTITLED, An Act to  revise the requirements for coordination of benefits between health plans.

     HB 1053: FOR AN ACT ENTITLED, An Act to  provide certain standards for health maintenance organizations in individual health insurance.

     HB 1054: FOR AN ACT ENTITLED, An Act to  revise certain requirements for the independent audit of insurers.

     HB 1075: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     HB 1163: FOR AN ACT ENTITLED, An Act to  allow certain repossessed motor vehicles to be sold without title in the name of the entity selling these motor vehicles.

     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.

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

     And signed the same in the presence of the Senate.

COMMEMORATIONS


     SC 10   Introduced by:  Senators Hundstad and Hanson (Gary) and Representatives Dennert, Cutler, Elliott, Halverson, Novstrup (Al), Novstrup (David), Rounds, and Sigdestad

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Tom Mahan for his outstanding community service and industry accomplishments.

     WHEREAS,  Tom Mahan has been honored with the 2007 TIME Magazine Quality Dealer Award. Tom is one of only sixty automobile dealers, from more than 19,500 nationwide,

nominated for the award. The award is given to those who display excellence and long-standing commitment to effective community service and is among the nation's most successful auto dealers; and

     WHEREAS,  Tom is a South Dakota native and graduate of Groton High School and Jamestown College. He returned to Groton after college and has worked at Pioneer Ford since that time. In 1976, Tom and his father bought the dealership and Tom has operated Pioneer Ford for over thirty years; and

     WHEREAS,  Tom has supported many community organizations and causes including: service as chairman of Groton's Golf Course Board from 1989 to 1992, where he oversaw the construction of the course, participation in Groton's Kiwanis Club and the Chamber of Commerce, and membership in the South Dakota Automobile Dealers Association for thirty years, where he serves as chairman of its investment committee and served as President from 2000 to 2002:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Tom Mahan be commended and honored for his outstanding community service in the city of Groton and for the State of South Dakota and his accomplishments in the automobile industry.

     Sen. Nesselhuf moved that the Senate do now adjourn, which motion prevailed and at 5:00 p.m. the Senate adjourned.

Trudy Evenstad, Secretary