JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 27, 2007

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by Senate page Jamie Strand.

     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 thirty-second day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1290 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1113 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 Education respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill be amended as follows:

1082cm
     On page 1, line 12 of the House Education Committee engrossed bill, delete " thirty " .

     On page 2 , line 2, delete " thirty " .

     On page 5 , line 22, delete everything after " (2) " and insert:

    ""Small school adjustment," calculated as follows:

             (a)    For districts with a fall enrollment of two hundred or less, multiply 0.2 times the fall enrollment and multiply the product times the per student allocation;
             (b)    For districts with a fall enrollment of greater than two hundred, but less than six hundred, multiply the fall enrollment times negative 0.0005; add 0.3 to that result; and multiply the sum obtained times the per student allocation;".

     On page 5 , delete lines 23 and 24 .

     On page 6 , delete lines 1 to 7 , inclusive.

     On page 8 , line 14, delete everything after " adjustment " .

     On page 10 , line 7, delete " fifteen twenty " and insert "fifteen".

     On page 11 , line 17, overstrike " two hundred fifty " and insert " one hundred seventy-five ".

     On page 16 , delete lines 4 to 24 , inclusive.

     Delete pages 17 to 20 , inclusive.

     On page 21 , delete lines 1 to 6 , inclusive.

1082cn
     On page 1 of the House Education Committee engrossed bill, delete lines 9 to 15 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

1082co
     On page 11 of the House Education Committee engrossed bill, delete lines 19 to 24 , inclusive.

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

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1171 and returns the same with the recommendation that said bill be amended as follows:

1171cc
     On page 1 of the House State Affairs Committee engrossed bill, delete lines 4 to 14 , inclusive.

     On page 2 , delete lines 1 to 4 , inclusive.

     On page 2 , line 11, delete " teacher performance, " .

     On page 2 , between lines 16 and 17, insert:

    "Section 4. Once a school district's initial five-year plan is complete, the school district may reapply for the program. If a school district reapplies and the district's application is denied by the Board of Education due to changes in the program's requirements, that school district is still entitled to receive funding for this program, if the school district continues to follow its original teacher compensation plan that it followed during the initial five years. The funding that school district is entitled to receive during the first year following the denial and in each year thereafter, as long as the school district continues to follow the original teacher compensation plan, shall be calculated as follows:

                 (1)    Determine the amount received for this program per fall enrollment as defined in subdivision 13-13-10.1(1) in the prior year;
                 (2)    Increase the amount in (1) by the index factor as defined in subdivision 13-13- 10.1(3); and
                 (3)    Multiply the result in (2) by the fall enrollment.

         Section 5. The South Dakota Board of Education shall promulgate rules pursuant to chapter 1-26 establishing the application process; application timelines; the guidelines for district applications based on school district instructional goals or market compensation; and a system to monitor the progress of participating school districts with their compensation assistance plans and to ensure that each participating school district is complying with the plan as submitted to the board."

     On page 5 , line 10, delete " One " and insert "Four".

     On page 5 , line 16, delete " Three million one hundred thousand " and insert "One million eight hundred thousand".

     On page 5 , delete lines 21 to 24 , inclusive.

     On page 6 , delete lines 1 to 4 , inclusive.

     On page 6 , line 6, after " expend " insert "nine million dollars of".

     On page 6 , delete lines 13 to 18 , inclusive.

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1307 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1101, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1101mc
     On the House Appropriations Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. It is in the public interest that the South Dakota Building Authority contract for the construction, completion, furnishing, equipping, and maintaining of, including heating, air

conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, asbestos abatement, removal of existing roofing and structures, and such other services or actions as may be required to complete maintenance and repair projects selected by the Board of Regents as critical to facility safety and function at academic and support facilities on the university campuses, all at the estimated cost of eight million six hundred thousand dollars ($8,600,000). The South Dakota Building Authority may finance the project costs, together with any related costs of financing, through the issuance of revenue bonds, in accordance with this Act and chapter 5-12.

         Section 2. The Board of Regents may make and enter into a lease agreement with the Building Authority relating to any projects described in section 1 of this Act and make rental payments under the terms thereof pursuant to chapter 5-12 from appropriations to be made by the Legislature pursuant to chapter 5-12. In addition, the Board of Regents may assess and collect special maintenance and repair fees from students and use such fees to pay or supplement any rental payments, or reduce the amount of appropriations otherwise required, for such rental payments. Such fees shall be deposited in a special fund established for the purposes of this Act and used to reduce the amount of appropriations required to pay rentals under the lease with the Building Authority. Upon receipt of payment of the balance of rental payments made under the terms of any lease entered into pursuant to section 2 of this Act, the Building Authority shall convey the property leased under the lease to the Board of Regents pursuant to §  5-12-15.

         Section 3. No indebtedness, bond, or obligation included or created under the authority of this Act may be or may become a lien, charge, or liability against the State of South Dakota, nor against the property or funds of the State of South Dakota within the meaning of the Constitution or statutes of the state.

         Section 4. The Building Authority and the Board of Regents may accept, transfer, and expend any property or funds obtained for these purposes from federal sources, gifts, contributions, or any other source, all of which shall be deemed appropriated to the projects authorized by this Act in addition to the amounts otherwise authorized by this Act.

         Section 5. The administration of the design and construction of the projects authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14. The executive director of the Board of Regents and the executive secretary of the Building Authority, or their designees, shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act."


1101mta
     On page 1, line 1 of the House Appropriations Committee engrossed bill, delete everything after " Act to " and insert "make an appropriation for maintenance and repair projects of the Board of Regents deemed critical to facility safety and function."

     On page 1 , delete line 2 .

     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair
Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1126 and 1162 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

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 3, 32, 46, 47, 50, 55, 56, 57, 61, 77, 78, 81, 88, 118, 142, 184, and 219 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 7, 8, 9, 17, 25, 33, 52, 60, 62, 67, 68, 83, 86, 89, 90, 94, 96, and 186 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 27, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SCR 4 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 3, 32, 46, 47, 50, 55, 56, 57, 61, 77, 78, 81, 88, 118, 142, 184, and 219 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 2, 159, and 195 which have been amended by the House and your concurrence in the amendments is respectfully requested.


Respectfully,
Karen Gerdes, Chief Clerk
CONSIDERATION OF REPORTS OF COMMITTEES


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

     Government Operations and Audit on HB 1041 as found on page 659 of the Senate Journal ; also

     Appropriations on HB 1063 as found on page 657 of the Senate Journal ; also

     Health and Human Services on HB 1155 as found on page 658 of the Senate Journal ; also

     State Affairs on HB 1176 as found on page 651 of the Senate Journal ; also

     Judiciary on HB 1249 as found on page 650 of the Senate Journal be adopted.

     Which motion prevailed.

     Sen. Albers moved that the word "not" be stricken from the report of the Committee on Local Government on HB 1115 as found on page 672 of the Senate Journal and that HB 1115 be placed on today's calendar.

     The question being on Sen. Albers' motion that the word "not" be stricken from the report of the Committee on Local Government on HB 1115 and that the bill be placed on today's calendar.

     And the roll being called:

     Yeas 13, Nays 22, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Knudson; McCracken; Smidt (Orville)

     Nays:
Apa; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Greenfield requested that HB 1132 be removed from the Consent Calendar.



     HB 1085:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the transfer of title.

     Was read the second time.

     The question being "Shall HB 1085 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1086:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the release of a lien by undertaking.

     Was read the second time.

     The question being "Shall HB 1086 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1124:   FOR AN ACT ENTITLED, An Act to   add the solicitation to commit a crime to certain criminal provisions.

     Was read the second time.

     The question being "Shall HB 1124 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1194:   FOR AN ACT ENTITLED, An Act to   authorize the disclosure of certain confidential information when a person who is subject to commitment proceedings has communicated a serious threat of serious physical injury against a reasonably identifiable victim.

     Was read the second time.

     The question being "Shall HB 1194 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1222:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions relating to petitions for protection orders.

     Was read the second time.

     The question being "Shall HB 1222 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1231:   FOR AN ACT ENTITLED, An Act to   exempt certain wages from claims in bankruptcy.

     Was read the second time.

     The question being "Shall HB 1231 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1252:   FOR AN ACT ENTITLED, An Act to   provide certain provisions concerning the indemnification of the directors of cooperatives.

     Was read the second time.

     The question being "Shall HB 1252 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1275:   FOR AN ACT ENTITLED, An Act to   establish a statute of limitations for real estate appraisers and their agents and employees for alleged malpractice, error, mistake, or omission.

     Was read the second time.

     The question being "Shall HB 1275 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     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 1248:   FOR AN ACT ENTITLED, An Act to   provide information to owners of certain property that had a significant increase in the assessed valuation of the property.

     Was read the second time.

     The question being "Shall HB 1248 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 5, 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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Greenfield; Kloucek; Maher; Peterson (Jim)

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

     Was read the second time.

     The question being "Shall HB 1262 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; 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

     Excused:
Dempster


     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 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 second time.

     The question being "Shall HB 1266 pass as amended?"

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

     Yeas:
Abdallah; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hundstad; Jerstad; Katus; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Two Bulls

     Nays:
Albers; Bartling; Hanson (Gary); Heidepriem; Hoerth; Hunhoff; Kloucek; Knudson; Koetzle; Nesselhuf; Sutton; 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 1032:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund a dental externship program.

     Was read the second time.

     The question being "Shall HB 1032 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 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 second time.

     Sen. Apa moved that HB 1060 be deferred to Wednesday, February 28, the 34th legislative day.

     Which motion prevailed.

     HB 1061:   FOR AN ACT ENTITLED, An Act to   offer a human papillomavirus (HPV) vaccination initiative, to transfer funds, and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1061 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, 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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Greenfield; 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.

     HB 1072:   FOR AN ACT ENTITLED, An Act to   create a statewide 24/7 sobriety program, establish the 24/7 sobriety fund, and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1072 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 1108:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding when and by whom chemical dependency evaluations occur after a conviction of driving while under the influence of drugs or alcohol.

     Was read the second time.

     The question being "Shall HB 1108 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

     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 1125:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the adoption of municipal sewer utility charges.

     Was read the second time.

     The question being "Shall HB 1125 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0


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

     Nays:
Jerstad; Kloucek; Schmidt (Dennis)

     Excused:
Apa

     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 1161:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of first degree robbery.

     Was read the second time.

     Sen. Hundstad requested a fiscal note on HB 1161.

     Which request was supported.

     HB 1250:   FOR AN ACT ENTITLED, An Act to   revise the process regarding cochlear implants.

     Was read the second time.

     The question being "Shall HB 1250 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; 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

     Nays:
Greenfield


     Excused:
Apa

     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 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 second time.

     The question being "Shall HB 1251 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.

     The question being on the title.

     Sen. Gray moved that the title to HB 1251 be amended as follows:

     On page 1, line 1 of the Senate Taxation Committee engrossed bill, delete everything after " Act to " and insert "continuously appropriate certain federal funds to the Commissioner of School and Public Lands and to require such funds to be set forth as informational items in the commissioner's budget."

     On page 1 , delete line 2 .

     Which motion prevailed and the title was so amended.

     HB 1302:   FOR AN ACT ENTITLED, An Act to   revise the requirements for certain on-sale alcoholic beverage licenses.

     Was read the second time.


1302fd
     Sen. Albers moved that HB 1302 be further amended as follows:

     On page 1, line 6 of the House engrossed bill, delete " 35-4-2.2 " and insert " 35-4-2 ".

     Which motion prevailed.

1302ja
     Sen. Ed Olson moved that HB 1302 be further amended as follows:

     On page 1, line 13 of the House engrossed bill, after " . " insert " This section does not apply to any license held by a fraternal organization. ".

     Which motion lost.

     The question being "Shall HB 1302 pass as amended?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

     Yeas:
Albers; Dempster; Hanson (Gary); Hauge; Heidepriem; Hoerth; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Smidt (Orville); Turbak; Two Bulls

     Nays:
Abdallah; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hundstad; Hunhoff; McNenny; Peterson (Jim); Schmidt (Dennis); Sutton

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

     There being no objection, the Senate reverted to Order of Business No. 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 1091, 1200, and 1288.

Respectfully,
Karen Gerdes, Chief Clerk
COMMEMORATION


     SC 22   Introduced by:  Senators Sutton, Bartling, Greenfield, Jerstad, McCracken, and Nesselhuf and Representatives Olson (Russell), Ahlers, Boomgarden, Brunner, Buckingham, Burg, Carson, Cutler, Davis, Dennert, DeVries, Dreyer, Dykstra, Elliott, Engels, Faehn, Feinstein, Gassman, Gilson, Hackl, Halverson, Hargens, Haverly, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Lust, McLaughlin, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Nygaard, Olson (Betty), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Rausch, Rave, Rhoden, Rounds, Sigdestad, Steele, Street, Thompson, Tidemann, Van Etten, Van Norman, Vanneman, Vehle, Weems, Wick, and Willadsen

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 2006-2007 Madison High School Lady Bulldogs Gymnastics Team for their thirteenth straight championship title in the Class A Gymnastics State Tournament and for tying the national record for consecutive gymnastics state championships.

     WHEREAS,  the Madison Lady Bulldogs Gymnastics Team demonstrated excellence in performance and perseverance by capturing all the individual championships available in the competition: the all around, vault, uneven bars, floor exercise, and balance beam individual championships; and

     WHEREAS,  the Madison Lady Bulldogs Gymnastics Team has proven to have outstanding athletes year in and year out by winning the Class A championship for thirteen consecutive years; and

     WHEREAS,  Katie Breuer, Kassie Finck, Heidi Mogck, Sara Rogers, Katie Mackenzie, Heather Williams, Theresa Knapp, Mara Riedel, Kaitlyn Walker, Jessica Strom, and Danielle Bloom through hard work and dedication achieved this honor; and

     WHEREAS,  coaches Maridee Dossett and Kindra Norby put forth the time and effort to train and practice with the Madison Lady Bulldogs Gymnastics Team:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Class A Madison High School Lady Bulldogs Gymnastics Team be commended and honored for their excellence in athletics and academics for the 2006-2007 school year, for winning the championship title for thirteen consecutive years, and for tying the national record for consecutive gymnastics state championships.

SIGNING OF BILLS


     The President publicly read the title to

     SB 3: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the circulation and signing of initiative and referendum petitions and to provide a penalty for violation thereof.



     SB 15: FOR AN ACT ENTITLED, An Act to  require certain immunizations for students attending postsecondary educational institutions.

     SB 32: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the distribution of funds to sparse school districts, and to declare an emergency.

     SB 39: FOR AN ACT ENTITLED, An Act to  provide claims information to commercial property casualty insureds.

     SB 46: FOR AN ACT ENTITLED, An Act to  clarify the tax exempt and licensure status of fraternal benefit societies.

     SB 47: FOR AN ACT ENTITLED, An Act to  prevent illegal multiple employer welfare arrangements and other illegal health insurers.

     SB 50: FOR AN ACT ENTITLED, An Act to  revise certain provisions of parole eligibility.

     SB 55: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to purchase improved real property adjacent to the campus of South Dakota State University and to make an appropriation therefor.

     SB 56: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to acquire a seed technology facility for South Dakota State University, to make an appropriation therefor, and to declare an emergency.

     SB 57: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a straw bale house at the McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

     SB 61: FOR AN ACT ENTITLED, An Act to  include adopted children within certain child support deviations.

     SB 70: FOR AN ACT ENTITLED, An Act to  revise certain fees, continuing education requirements, and examination requirements for massage therapists.

     SB 77: FOR AN ACT ENTITLED, An Act to  provide for an exclusive remedy for judgment creditors of limited partnerships.

     SB 78: FOR AN ACT ENTITLED, An Act to  revise the rights of creditors of limited liability companies.

     SB 79: FOR AN ACT ENTITLED, An Act to  revise the boundaries of the Black Hills Forest Fire Protection District, to authorize the continuation of activities by certain business affected by the boundary change, and to prohibit the discharge of fireworks within a zone adjacent to the district.

     SB 81: FOR AN ACT ENTITLED, An Act to  remove the reference to party affiliations for independent candidates on the certificate of nomination and the ballot.



     SB 88: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Child Abduction Prevention Act.

     SB 118: FOR AN ACT ENTITLED, An Act to  permit the Public Utilities Commission to approve tariff mechanisms for the automatic annual adjustment of charges for jurisdictional costs of new environmental measures.

         
    Journal correction: See page 697 of the Senate Journal.
    

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

     SB 184: FOR AN ACT ENTITLED, An Act to  make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

     SB 219: FOR AN ACT ENTITLED, An Act to  make an appropriation for a drought tolerance biotechnology research center and to declare an emergency.

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

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

     HB 1056: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the practice of counseling.

     HB 1058: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the placement of juveniles under the jurisdiction of the Department of Corrections.

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

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

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

     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.

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



     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.

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

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

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

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

     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.

     HB 1174: FOR AN ACT ENTITLED, An Act to  increase the maximum amount for which used motor vehicles may be sold or transferred to be exempt from excise tax.

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

     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.

     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.

     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.

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

     And signed the same in the presence of the Senate.

     Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at 3:38 p.m. the Senate adjourned.

Trudy Evenstad, Secretary