JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 23, 2007

     The Senate convened at 12:30 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 Kate Chamberlain.

     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 thirtieth 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 23, 2007

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 23, 2007, I approved Senate Bills 64 and 65, 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 State Affairs respectfully reports that it has had under consideration HB  1139, 1140, and 1262 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1201 and tabled the same.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 7 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1244, 1246, 1258, and 1271 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 1061 and returns the same with the recommendation that said bill be amended as follows:

1061ub
     On page 1, line 7 of the House Appropriations Committee engrossed bill, delete " department " and insert "Department of Health".

     On page 1 , line 8, delete " seven million five hundred thousand dollars of federal fund authority from its " and insert "the Department of Social Services may expend up to one million three hundred thousand dollars of general funds from their".

     On page 1 , line 9, delete " budget " and insert "budgets".

     On page 1 , delete lines 10 to 12 , inclusive.

     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1248 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 Taxation respectfully reports that it has had under consideration HB 1251 and returns the same with the recommendation that said bill be amended as follows:

1251ra
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. Any federal funds received pursuant to section 2(i) of S. 2205 ES, 109th Cong., 2d Session, an Act to direct the Secretary of Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of School and Public Lands and the Department of Game, Fish and Parks of the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the commission, and for other purposes, are hereby continuously appropriated to the Commissioner of School and Public Lands for the purposes set out in S. 2205 ES, 109th Cong., 2d Session. All money received by the commissioner under the provisions of S. 2205 ES, 109th Cong., 2d Session shall be set forth in the commissioner's annual

budget as an informational item, and shall be annually reviewed by the legislature as required by §  2-7-7.2."


     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 9, 33, 52, 60, 67, 68, 86, 90, and 186 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SB 9, 33, 52, 60, 67, 68, 86, 90, and 186 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 9   Introduced by:  Senators Lintz, Apa, Bartling, Dempster, Duenwald, Garnos, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Katus, Kloucek, Maher, McCracken, McNenny, Napoli, Peterson (Jim), and Schmidt (Dennis) and Representatives DeVries, Bradford, Brunner, Burg, Dennert, Dreyer, Elliott, Gassman, Gillespie, Halverson, Hanks, Hargens, Howie, Hunt, Juhnke, Olson (Betty), Pederson (Gordon), Pitts, Rave, Rhoden, Sigdestad, Street, Tidemann, and Vanneman

         A CONCURRENT RESOLUTION,  Requesting the United States Forest Service to maintain and improve soil and vegetative cover throughout the National Grasslands located in the State of South Dakota by allowing the use of rodenticides for the management of the prairie dog population prior to reduction of other currently existing multiple uses of the National Grasslands.
     WHEREAS,  the United States Forest Service (Forest Service) issued a Notice of Intent to Supplement the Final Environmental Impact Statement and Land and Resource Management Plan (LRMP) for the Nebraska National Forest and the associated National Grasslands in Nebraska and South Dakota; and

     WHEREAS,  the Notice of Intent to Supplement may lead to an amendment of the LRMP, changing the management of the National Grasslands associated with the Nebraska National Forest, including the Buffalo Gap National Grasslands and the Fort Pierre National Grasslands in South Dakota, and the Oglala National Grasslands in Nebraska; and

     WHEREAS,  the LRMP does not currently provide for limiting the prairie dog population and does not provide for the use of lethal control methods for managing the prairie dog population for desired range conditions; and

     WHEREAS,  the Notice of Intent to Supplement states that the Forest Service finds it desirable to have the option of managing the prairie dog population on the National Grasslands to achieve desired range conditions by use of toxicants; and

     WHEREAS,  36 C.F.R. 213.1(d) requires that the Forest Service "...in the administration of the National Grasslands the resources shall be managed so as to maintain and improve soil and vegetative cover, and to demonstrate sound and practical principles of land use for the areas in which they are located...":

     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 the South Dakota Legislature respectfully requests that the United States Forest Service amend the Land and Resource Management Plan to manage the National Grasslands of South Dakota in compliance with 36 C.F.R. 213.1(d) by maintaining a minimum range condition on prairie dog occupied acres that may not fall below a similarity index percentage/range condition of twenty percent, as described in the Natural Resources Conservation Service (NRCS) South Dakota State Technical Guide; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature respectfully requests that the United States Forest Service amend the LRMP to allow for the use of rodenticides to maintain the minimum range conditions described above; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature respectfully requests that the United States Forest Service amend the LRMP to provide a defined and measurable procedure for the effective management of the prairie dog population within the preceding twelve-month period prior to any reduction of other currently existing multiple uses; and

     BE IT FURTHER RESOLVED,  that the South Dakota Legislature respectfully requests that the United States Forest Service amend the LRMP to provide that a disproportionate share of prairie dog acres, defined as more than three percent of the aggregate total acreage of National Grasslands in each county, may not be permitted to exist.

     Was read the first time and the President waived the referral to committee and placed SCR 9 on the calendar of Monday, February 26, the 32nd legislative day.


     SCR 8:   A CONCURRENT RESOLUTION,   Establishing South Dakota's commitment to the development of the bioeconomy.

    Was read the second time.

     Sen. Gary Hanson moved that SCR 8 as found on page 615 of the Senate Journal be adopted.

     The question being on Sen. Hanson's motion that SCR 8 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Greenfield

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 8 was adopted.

     Sen. Tom Hansen moved that the Senate do concur in House amendments to SB 15.

     The question being on Sen. Hansen's motion that the Senate do concur in House amendments to SB 15.

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

     Sen. McCracken moved that the Senate do concur in House amendments to SB 39.

     The question being on Sen. McCracken's motion that the Senate do concur in House amendments to SB 39.

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

     Sen. Gant moved that the Senate do concur in House amendments to SB 70.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 70.

     And the roll being called:

     Yeas 30, Nays 5, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; 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; Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Bartling; Maher; Olson (Ed); Peterson (Jim)

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

     Sen. Napoli moved that the Senate do concur in House amendments to SB 125.

     The question being on Sen. Napoli's motion that the Senate do concur in House amendments to SB 125.

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Appropriations on HB 1138 as found on page 613 of the Senate Journal ; also

     Education on HB 1266 as found on page 612 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS


    Pursuant to Senate Rule 6-1, the President removed HB 1067 from the Consent Calendar.

     SCR 6:   A CONCURRENT RESOLUTION,   Supporting mandatory implementation of Federal Country of Origin Labeling (COOL) laws passed by Congress in 2002.

    Was read the second time.

     The question being "Shall SCR 6 as found on page 552 of the Senate Journal be adopted?"

     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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

     HB 1091:   FOR AN ACT ENTITLED, An Act to   permit magistrate courts to administer adult probationary drug court programs under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1091 pass as amended?"

     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.

     HB 1144:   FOR AN ACT ENTITLED, An Act to   limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.

     Was read the second time.

     The question being "Shall HB 1144 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.

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

     Was read the second time.

     The question being "Shall HB 1200 pass as amended?"

     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.

     HB 1288:   FOR AN ACT ENTITLED, An Act to   permit trustees to decant a trust under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1288 pass as amended?"

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1036:   FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse certain school districts for consolidation incentives.

     Was read the second time.

     The question being "Shall HB 1036 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

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

     Was read the second time.

     The question being "Shall HB 1069 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, Excused 0, 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); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Greenfield; Kloucek; Napoli

     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 1074:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the support of the state fair.

     Was read the second time.

     The question being "Shall HB 1074 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Abdallah

     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.

     Sen. Knudson moved that HB 1141, 1145, 1189, 1196, 1205, and 1279 be deferred to Monday, February 26 , the 32nd legislative day.

     Which motion prevailed.

     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 failed to concur in Senate amendments to HB 1286 and has appointed Reps. Vehle, Turbiville, and Dennert 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.

     The President announced Sens. Ed Olson, Dempster, and Nesselhuf 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 1286.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1058 and 1174.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS


     SC 17   Introduced by:  Senators Hundstad, Albers, Apa, Bartling, Dempster, Duenwald, Gant, Hanson (Gary), Hauge, Heidepriem, Hoerth, Jerstad, Katus, Kloucek, Knudson, Koetzle, Maher, McCracken, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Sutton, Turbak, and Two Bulls and Representatives Elliott, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Deadrick, Dennert, DeVries, Dreyer, Dykstra, Engels, Faehn, Feinstein, Gassman, Gillespie, Glenski, Hackl, Halverson, Hanks, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Krebs, Lucas, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Michelle Sanger for receiving the Prudential Spirit of Community Award for being one of the top volunteers in South Dakota.

     WHEREAS,  Michelle Sanger, an esteemed resident of Redfield and a student at Redfield High School, has achieved national recognition for exemplary volunteer service by receiving a 2007 Prudential Spirit of Community Award. This award is presented by Prudential Financial in partnership with the National Association of Secondary School Principals to honor young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Michelle Sanger earned this award by giving generously of her time and energy to volunteer missions to Nicaragua and Cambodia to aid impoverished people. Michelle helped raise money and collect supplies before her trips and then assisted with medical, education, water, and other projects to improve the lives of poor Nicaraguans and Cambodians; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Michelle Sanger who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Michelle Sanger be commended and honored as a recipient of the Prudential Spirit of Community Award, and for her outstanding record of volunteer service, leadership, and community spirit.

     SC 18   Introduced by:  Senators Hundstad, Albers, Apa, Bartling, Duenwald, Gant, Hanson (Gary), Hauge, Heidepriem, Hoerth, Jerstad, Katus, Kloucek, Knudson, Koetzle, Maher, McCracken, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schmidt (Dennis), Sutton, Turbak, and Two Bulls and Representatives Dennert, Ahlers, Boomgarden, Bradford, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Deadrick, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gillespie, Gilson, Glenski, Hackl, Halverson, Hanks, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Krebs, Lucas, Lust, McLaughlin, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Turbiville, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen

         A LEGISLATIVE COMMEMORATION,  Commending and honoring Adam Ochsner for receiving the Prudential Spirit of Community Award for being one of the top volunteers in South Dakota.

     WHEREAS,  Adam Ochsner, an esteemed resident of Aberdeen and a student at Warner Middle School, has achieved national recognition for exemplary volunteer service by receiving a 2007 Prudential Spirit of Community Award. This award is presented by Prudential Financial in partnership with the National Association of Secondary School Principals to honor young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

     WHEREAS,  Adam Ochsner earned this award by giving generously of his time and energy to volunteer to stay after school to help younger students with their homework and to assist teachers in a variety of ways, including assistance to the school's technology coordinator with various computer projects. Adam also regularly asks other teachers and school personnel if they need help and has recruited other students to join him in his after-school volunteering; and

     WHEREAS,  the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Adam Ochsner who use their considerable talents and resources to serve others:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Adam Ochsner be commended and honored as a recipient of the Prudential Spirit of Community Award, and for his outstanding record of volunteer service, leadership, and community spirit.

     SC 19   Introduced by:  Senators Greenfield, Hansen (Tom), Peterson (Jim), Smidt (Orville), and Turbak and Representatives Noem, Burg, Faehn, Hargens, Haverly, Koistinen, Nelson, Pitts, Rausch, Street, and Tidemann


         A LEGISLATIVE COMMEMORATION,  Honoring the town of Hayti, South Dakota, on its centennial celebration.

     WHEREAS,  in the year 1907 the South Dakota Central Railway created a town site as a stop on its line from Sioux Falls to Watertown. The town of Hayti had its first train come to town on December 31, 1907; and

     WHEREAS,  the town of Hayti took the name of the post office and township organized in 1883, from the pioneer practice of tying hay for fuel which was commonly used in the area. The Hamlin County courthouse sits prominently at the end of Hayti's main street as the seat of Hamlin County; and

     WHEREAS,  the people of the Hayti community will come together on June 23-June 25, 2007, in celebration of Hayti's rich past, present, and future:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the town of Hayti, South Dakota, be congratulated upon its centennial celebration.

SIGNING OF BILLS


     The President publicly read the title to

     SB 9: FOR AN ACT ENTITLED, An Act to  require water pollution control permits for certain concentrated animal feeding operations.

     SB 33: FOR AN ACT ENTITLED, An Act to  revise certain kindergarten enrollment requirements and repeal the nursery school age requirement.

     SB 52: FOR AN ACT ENTITLED, An Act to  make an appropriation for the purchase of certain property in Brookings County from the Department of Transportation and to declare an emergency.

     SB 60: FOR AN ACT ENTITLED, An Act to  authorize the purchase of certain improved real property in Pierre and to make an appropriation therefor.

     SB 67: FOR AN ACT ENTITLED, An Act to  repeal certain provisions related to distribution of funds to school districts based on adequate yearly progress.

     SB 68: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the use of the state institute fund by the Department of Education.

     SB 86: FOR AN ACT ENTITLED, An Act to  require the Bureau of Finance and Management to designate pay periods for state payroll systems.

     SB 90: FOR AN ACT ENTITLED, An Act to  revise the composition of the Commission on Uniform Legislation.

     SB 186: FOR AN ACT ENTITLED, An Act to  revise the definition of long-term care insurance.

     HB 1017: FOR AN ACT ENTITLED, An Act to  make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

     HB 1076: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to disasters in the state and to declare an emergency.

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

     HB 1225: FOR AN ACT ENTITLED, An Act to  revise the title of the coordinated soil and water conservation fund and coordinated soil and water conservation plan.

     HB 1245: FOR AN ACT ENTITLED, An Act to  make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

     HB 1265: FOR AN ACT ENTITLED, An Act to  revise certain provisions defining renewable energy and recycled energy.

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

     And signed the same in the presence of the Senate.

     Sen. Turbak moved that the Senate do now adjourn, which motion prevailed and at 1:17 p.m. the Senate adjourned.

Trudy Evenstad, Secretary