JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



THIRTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 22, 2007

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Kyle Buckmiller.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-ninth 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 22, 2007

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 21, 2007, I approved Senate Bills 18, 35, 38, and 49, 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 Transportation respectfully reports that it has had under consideration HB 1189 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1141, 1205, and 1279 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1266 and returns the same with the recommendation that said bill be amended as follows:

1266fa
     On page 1, line 9 of the House Education Committee engrossed bill, delete everything after " guardian. "

     On page 1 , delete line 10 .

     On page 1 , line 11, delete " and the waiver is granted. "

     On page 1 , delete lines 14 and 15 .
     On page 2 , line 10, delete " may " and insert " shall ".

     On page 2 , line 12, delete everything after " 13-27-2 " and insert " , unless admitting the nonresident child would result in an inability to provide a quality educational program based on criteria established by the district pursuant to §  13-28-44. "

     On page 2 , delete lines 13 to 14 , inclusive.

     And that as so amended said bill do pass.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1036 and 1069 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1067 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 Appropriations respectfully reports that it has had under consideration HB 1138 and returns the same with the recommendation that said bill be amended as follows:

1138mc
     On the House Appropriations Committee engrossed bill, delete all House Appropriations Committee amendments, thus restoring the bill to the printed version.

     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1074 and 1145 and returns the same with the recommendation that said bills do pass.


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 6 and returns the same with the recommendation that said resolution be adopted and be placed on the Consent Calendar.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1196 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  1144 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 Commerce respectfully reports that it has had under consideration HB  1197 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 7, 17, 25, 62, 83, 89, 94, and 96 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith SB 7, 17, 25, 62, 83, 89, 94, and 96 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 15, 39, 70, and 125 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, February 23, the 31st legislative day.

    Which motion prevailed.

     SCR 8   Introduced by:  Senators Hanson (Gary), Abdallah, Bartling, Dempster, Duenwald, Hansen (Tom), Hauge, Heidepriem, Hunhoff, Lintz, McCracken, McNenny, and Peterson (Jim) and Representatives Hargens, Bradford, Burg, Dennert, Elliott, Gassman, Halverson, Moore, Nygaard, Olson (Betty), Sigdestad, Street, and Van Norman

         A CONCURRENT RESOLUTION,  Establishing South Dakota's commitment to the development of the bioeconomy.

     WHEREAS,  South Dakota has made great strides in developing a biofuels industry, including production of corn ethanol and biodiesel; and

     WHEREAS,  it will soon be possible to produce cellulosic ethanol from biomass materials such as corn stover, wheat straw, switchgrass, forest residues, mill residues, and urban wood waste; and

     WHEREAS,  other materials such as manure and methane from landfills and wastewater treatment also have value as raw materials for producing energy and products; and
     WHEREAS,  in addition to cellulosic ethanol, other technologies under development could transform biomass materials into natural gas substitutes, other liquid transportation fuels, and electricity; and

     WHEREAS,  South Dakota has a vast supply of biomass materials, including all of those mentioned above; and

     WHEREAS,  South Dakota State University is one of five regional centers for the Sun Grant Initiative, a national network of land-grant universities and United States Department of Energy laboratories charged with making significant advances in biobased industries for the benefit of America's independent farmers, rural communities, and the public at large; and

     WHEREAS,  South Dakota has much to gain from an expanded bioeconomy, including greater independence from imported energy, a revitalized rural economy, more manufacturing jobs, and a cleaner environment:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-second Legislature of the State of South Dakota, the House of Representatives concurring therein, that South Dakota will seek to have demonstrations of key biomass technologies by 2015, including biomass gasification to provide heat for a conventional corn ethanol or biodiesel plant, cellulosic ethanol, pyrolysis, biomass integrated gasification combined cycle, and biomass combined heat and power. South Dakota will take steps to ensure that demonstration projects can be developed by creating a package of appropriate incentives to reduce investor risk in innovative projects; and

     BE IT FURTHER RESOLVED,  that South Dakota will set numeric targets with timelines in order to increase the economic utilization of its biomass resource; and

     BE IT FURTHER RESOLVED,  that South Dakota will invest in the development of perennial biomass crops, including switchgrass and other native grasses by supporting long-term research and development of crops and cropping systems; and

     BE IT FURTHER RESOLVED,  that South Dakota's government agencies will provide an early market by preferentially purchasing bio-based products if they are cost-competitive with their fossil-based equivalent, if they perform as well as their fossil-based equivalent, and if they are readily available; and

     BE IT FURTHER RESOLVED,  that South Dakota will take steps to ensure that South Dakotans have an opportunity to purchase biofuels and bioproducts and that there is an adequate market within the state to support an industry by promoting the development of highly efficient biofuel powered vehicles, expanding government purchasing of biofuels and biofuel powered vehicles, considering retail tax incentives for the purchase of biofuels, and creating incentives for stations offering high blends of biofuels such as E85 and B20, and for dialable pumps; and

     BE IT FURTHER RESOLVED,  that South Dakota will provide technical assistance to the growing bioeconomy through funding for front end engineering and design (FEED) studies for advanced biomass projects and through an expansion of technical assistance capabilities and funding in the following areas: cooperative development, South Dakota Department of

Agriculture, the state energy office, university resources, state agricultural extension, and resource conservation and development organizations; and

     BE IT FURTHER RESOLVED,  that South Dakota will provide dedicated funding to demonstration projects that seek to develop a sustainable biomass supply, including funding and assistance to local governments and communities that seek to complete biomass resource assessments.

     Was read the first time and the President waived the referral to committee and placed SCR 8 on the calendar of Friday, February 23, the 31st legislative day.

CONSIDERATION OF REPORTS OF COMMITTEE


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

     Judiciary on HB 1091 as found on page 597 of the Senate Journal ; also

     Judiciary on HB 1200 as found on page 598 of the Senate Journal ; also

     Judiciary on HB 1288 as found on page 598 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS


     HB 1005:   FOR AN ACT ENTITLED, An Act to   revise the reporting requirements involving sex offense victims.

     Was read the second time.

     The question being "Shall HB 1005 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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


     HB 1090:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the explanation of ballot issues and to provide for the procedure to challenge such explanations.

     Was read the second time.

     The question being "Shall HB 1090 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

     HB 1093:   FOR AN ACT ENTITLED, An Act to   provide for the declaration and administration of certain judicial emergencies.

     Was read the second time.

     The question being "Shall HB 1093 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

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

     Was read the second time.

     The question being "Shall HB 1151 pass?"


     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

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

     Was read the second time.

     The question being "Shall HB 1184 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1068:   FOR AN ACT ENTITLED, An Act to   revise the criminal penalty for perjury.

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

1068ja
     Sen. Abdallah moved that HB 1068 be further amended as follows:

     On page 1, line 8 of the Senate Judiciary Committee engrossed bill, delete " Class 1 misdemeanor " and insert " Class 6 felony ".
     Which motion prevailed.

     The question being "Shall HB 1068 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; 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); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak

     Nays:
Apa; Kloucek; Koetzle; Maher; Sutton; 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 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.

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

     The question being "Shall HB 1256 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Koetzle

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

     Was read the second time.

1048oj
     Sen. Nesselhuf moved that HB 1048 be further amended as follows:

     On page 9, line 2 of the House engrossed bill, delete " four " and insert "two".

    Sen. Nesselhuf requested a roll call vote.

    Which request was supported.

     The question being on Sen. Nesselhuf's motion that HB 1048 be further amended.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

     Yeas:
Apa; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls

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

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

1048oh
     Sen. Nesselhuf moved that HB 1048 be further amended as follows:

     On page 24, after line 5 of the House engrossed bill, insert:

    "Section 44. For the purposes of any statement filed by a political party pursuant to sections 22 to 24, inclusive, of this Act, the political party shall itemize all contributions to and expenditures from each fund and each subfund that the political party maintains."


    Sen. Nesselhuf requested a roll call vote.

    Which request was supported.

     The question being on Sen. Nesselhuf's motion that HB 1048 be further amended.

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Apa; Bartling; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

     Nays:
Abdallah; Albers; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Smidt (Orville)

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

1048xa
     Sen. Katus moved that HB 1048 be further amended as follows:

     On page 15, line 1 of the House engrossed bill, delete " Indian tribe, " .

    Sen. Heidepriem requested a roll call vote.

    Which request was supported.

     The question being on Sen. Katus' motion that HB 1048 be further amended.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0

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

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

     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 1048 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Knudson; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Turbak

     Nays:
Apa; Greenfield; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Napoli; Schmidt (Dennis); Sutton; 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 1056:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the practice of counseling.

     Was read the second time.

     The question being "Shall HB 1056 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Napoli

     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. Heidepriem moved that HB 1097 be placed to follow HB 1278 on today's calendar.

     Which motion prevailed.

     HB 1098:   FOR AN ACT ENTITLED, An Act to   revise the jurisdiction of certain magistrate courts and to declare an emergency.

     Was read the second time.


     The question being "Shall HB 1098 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

     HB 1156:   FOR AN ACT ENTITLED, An Act to   revise certain requirements concerning the pay and qualifications of petition circulators.

     Was read the second time.

     The question being "Shall HB 1156 pass?"

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, Absent 0

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

     Nays:
Katus; Koetzle; Nesselhuf; Turbak; Two Bulls

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

     HB 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 second time.

     The question being "Shall HB 1169 pass as amended?"

     And the roll being called:


     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Abdallah; Greenfield; McNenny; Napoli

     Excused:
Koetzle

     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 1182:   FOR AN ACT ENTITLED, An Act to   revise the petition requirements for the formation of an ambulance district.

     Was read the second time.

     The question being "Shall HB 1182 pass?"

     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; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Kloucek; Koetzle; McNenny

     Excused:
Olson (Ed)

     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 1186:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Commission on Health Care.

     Was read the second time.

     The question being "Shall HB 1186 pass?"

     And the roll being called:

     Yeas 12, Nays 22, Excused 1, Absent 0

     Yeas:
Dempster; Duenwald; Gant; Gray; Hansen (Tom); Hauge; Knudson; Lintz; McCracken; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

     Nays:
Abdallah; Albers; Bartling; Garnos; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Koetzle; Maher; McNenny; Napoli; Nesselhuf; Peterson (Jim); Sutton; Turbak; Two Bulls

     Excused:
Apa

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

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

     Was read the second time.

     The question being "Shall HB 1187 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Turbak

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

     Was read the second time.

     The question being "Shall HB 1278 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

     HB 1097:   FOR AN ACT ENTITLED, An Act to   increase the filing fee for appeals from the decisions, orders, and resolutions of boards of supervisors of townships.

     Was read the second time.

     The question being "Shall HB 1097 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; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak; Two Bulls

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

     Excused:
Peterson (Jim)

     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.

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

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1183.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1102 and has appointed Reps. Cutler, Moore, and Hanks as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

      The President announced Sens. Abdallah, Garnos, and Turbak as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1102.

COMMEMORATIONS


     SC 16   Introduced by:  Senators Olson (Ed), Garnos, and Jerstad and Representatives Vehle, Carson, Deadrick, Elliott, Heineman, Juhnke, Lucas, and Vanneman

         A LEGISLATIVE COMMEMORATION,  Honoring Jill Young of Mitchell, South Dakota, for setting the all-time scoring record for South Dakota girls' high school basketball.

     WHEREAS,  on February 13, 2007, Jill Young broke the sixteen-year-old all-time scoring record of 3,268 points set by Becky Flynn-Jensen of Wakonda when Jill scored twenty-six points in Mitchell Christian Girls' Basketball Team's last game of the regular season and set the new scoring record at 3,281 points; and

     WHEREAS,  Jill Young possesses a deep desire for the game of basketball, participating in the sport since fifth grade and crediting much of her success to her father, who coaches the Mitchell Christian Boys' Basketball Team; and

     WHEREAS,  Jill Young's basketball strengths including ball-handling, passing, court awareness, and competitive nature have led her to the opportunity to participate in Division I basketball at Creighton University:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Jill Young be honored for setting the all-time scoring record for South Dakota girls' high school basketball.

SIGNING OF BILLS


     The President publicly read the title to

     SB 7: FOR AN ACT ENTITLED, An Act to  establish certain fees to provide for air quality permitting, inspecting, and compliance services to ethanol production plants.

     SB 17: FOR AN ACT ENTITLED, An Act to  require each applicant for licensure as a chiropractor in South Dakota or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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

     SB 62: FOR AN ACT ENTITLED, An Act to  allow for the electronic service of orders to withhold income in the collection of child support.

     SB 83: FOR AN ACT ENTITLED, An Act to  revise the eligibility qualifications for an assessment freeze of single-family dwellings.

     SB 89: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Prudent Management of Institutional Funds Act.

     SB 94: FOR AN ACT ENTITLED, An Act to  require a motor vehicle manufacturer to reimburse a consumer for excise tax and license and registration fees if a vehicle is replaced under lemon law provisions.

     SB 96: FOR AN ACT ENTITLED, An Act to  provide property tax benefits to certain disabled veterans.

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

     HB 1018: FOR AN ACT ENTITLED, An Act to  make an appropriation for the control and suppression of pine beetles in Custer State Park.

     HB 1022: FOR AN ACT ENTITLED, An Act to  revise the definition of bait.

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

     HB 1031: FOR AN ACT ENTITLED, An Act to  provide for the regulation of telepharmacy and to establish a fee therefor.

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

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

     HB 1077: FOR AN ACT ENTITLED, An Act to  impose a tax on the net revenues of intermediate care facilities for the mentally retarded.

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

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

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

     HB 1129: FOR AN ACT ENTITLED, An Act to  provide for the conversion of certain cooperatives into business corporations.

     HB 1150: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to deceptive trade practices.

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

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

     HB 1180: FOR AN ACT ENTITLED, An Act to  repeal certain provisions found to be unconstitutional, which required insurers to obtain a countersignature on policies.

     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.

     HB 1285: FOR AN ACT ENTITLED, An Act to  restrict unsolicited commercial electronic mail advertisements.

     And signed the same in the presence of the Senate.

      Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 3:52 p.m. the Senate adjourned.

Trudy Evenstad, Secretary