JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



THIRTY-FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 1, 2007

     The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Pastor Paul Bly, followed by the Pledge of Allegiance led by Senate page Delci Christensen.

     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-fourth 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.
REPORT OF STANDING COMMITTEE


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 6, 71, 73, 76, 78, 93, 97, 108, 111, 125, 206, and 215 were delivered to his Excellency, the Governor, for his approval at 9:55 a.m., March 1, 2007.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1286 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that the House do concur with the Senate amendments.

Respectfully submitted,                         Respectfully submitted,
Mike Vehle                                    Ed Olson
House Committee Chair                        Senate Committee Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Pederson, Faehn, and Engels 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 on SB 2.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Buckingham, Wick, and Sigdestad 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 on SB 195.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 42, 80, 95, 99, 128, 147, 182, 193, 199, and 218 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 98, 165, 185, and 202 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 10   Introduced by:  Senators Smidt (Orville), Albers, Garnos, Hundstad, McCracken, Napoli, Peterson (Jim), Schmidt (Dennis), Sutton, Turbak, and Two Bulls and Representatives Tidemann, Bradford, Buckingham, Carson, Gilson, Howie, Koistinen, Lucas, Noem, Novstrup (Al), Sigdestad, Steele, Thompson, Van Etten, and Wick

         A CONCURRENT RESOLUTION,  Supporting the Boys and Girls Clubs of the South Dakota Alliance.

     WHEREAS,  the South Dakota Alliance is made up of fourteen Boys and Girls Clubs and their units. These clubs serve as youth development centers for communities and their youth in the first grade through the twelfth grade; and

     WHEREAS,  these clubs serve 12,070 youth in South Dakota, impacting 1,724 youth per day during the school year and 1,781 youth per day during the summer; and

     WHEREAS,  the Boys and Girls Clubs provide a safe place to learn and grow, ongoing relationships with caring, adult professionals, life-enhancing programs and character development experiences, and hope and opportunity; and

     WHEREAS,  Triple Play is a program provided by the Boys and Girls Clubs that helps to improve the overall health of club members by increasing their daily physical activity, teaching them good nutrition and fitness habits, and encouraging them to develop healthy relationships; and

     WHEREAS,  Money Matters is a program that promotes financial responsibility and independence among club members thirteen through eighteen years of age by building their basic money management skills. Participants learn how to manage a checking account, budget, save, and invest. They also learn about starting small businesses and paying for college; and
     WHEREAS,  Project Learn is a program that reinforces and enhances the skills and knowledge young people learn at school during the hours they spend at the club. This comprehensive strategy is based on research showing that students do much better in school when they spend their nonschool hours engaged in fun, educational activities. Project Learn also emphasizes parent involvement and collaboration between club and school professionals:

     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 Boys and Girls Clubs of the South Dakota Alliance be supported for their emphasis on health and fitness, financial responsibility, and education, and in recognition of the valuable service the Boys and Girls Clubs provide to the youth of the state, that future efforts for financial support from public and private sources be supported.

     Was read the first time and the President waived the referral to committee and placed SCR 10 on the calendar of Friday, March 2, the 36th legislative day.

     Sen. Apa moved that the Senate do not concur in House amendments to SB 31 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. Greenfield, Apa, and Maher.

     Sen. McNenny moved that the Senate do not concur in House amendments to SB 41 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. McNenny, Lintz, and Hundstad.

     Sen. Apa moved that the Senate do concur in House amendments to SB 53.

     The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 53.

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

     Sen. Apa moved that the Senate do concur in House amendments to SB 59.

     The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 59.

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

     Sen. Hunhoff moved that the Senate do concur in House amendments to SB 74.

     The question being on Sen. Hunhoff's motion that the Senate do concur in House amendments to SB 74.

     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; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

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

     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. Hunhoff moved that the Senate do concur in House amendments to SB 75.

     The question being on Sen. Hunhoff's motion that the Senate do concur in House amendments to SB 75.

     And the roll being called:

     Yeas 28, Nays 6, Excused 1, Absent 0

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

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

     Excused:
Hansen (Tom)

     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 87.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 87.

     And the roll being called:

     Yeas 28, Nays 4, Excused 3, Absent 0

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

     Nays:
Kloucek; Koetzle; Maher; Two Bulls

     Excused:
Garnos; Greenfield; Hansen (Tom)


     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. Bartling moved that the Senate do concur in House amendments to SB 100.

     The question being on Sen. Bartling's motion that the Senate do concur in House amendments to SB 100.

     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 two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

CONSIDERATION OF REPORTS OF COMMITTEE


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

     Taxation on HB 1084 as found on page 698 of the Senate Journal ; also

     Taxation on HB 1131 as found on page 698 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


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

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

     The question being "Shall HB 1161 pass?"

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent 0

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

     Nays:
Apa; Bartling; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); 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 1162:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the sales and distribution of tobacco products.

     Was read the second time.

     The question being "Shall HB 1162 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Knudson; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville)

     Nays:
Apa; Bartling; Duenwald; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; Napoli; Schmidt (Dennis); 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 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.

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

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     Sen. Apa moved that HB 1060 be further amended as follows:

     On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " located in Pennington " and insert "being described as follows:".

     On page 1 , delete line 5 , and insert "A parcel of land up to 30 acres in size to be platted out of the N1/2 of the NE1/4 of Section 30, less H-1, H-2 and H-3, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota."

     Which motion prevailed.

     The question being "Shall HB 1060 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; 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

     Excused:
Bartling

     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 1082 be placed to follow HB 1101 on today's calendar.

     Which motion prevailed.

     HB 1101:   FOR AN ACT ENTITLED, An Act to   make an appropriation for maintenance and repair projects of the Board of Regents deemed critical to facility safety and function.

     Was read the second time.

1101md

     Sen. Apa moved that HB 1101 be further amended as follows:

     On page 2, after line 22 of the Senate Appropriations Committee engrossed bill, insert:
    "Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

     Which motion prevailed.

     The question being "Shall HB 1101 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Gray; 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:
Greenfield; Koetzle

     Excused:
Abdallah; Garnos

     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. Apa moved that the title to HB 1101 be amended as follows:

     On page 1, line 2 of the Senate Appropriations Committee engrossed bill, after " function " insert ", and to declare an emergency".

     Which motion prevailed and the title was so amended.

     Sen. Knudson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 11:13 a.m., the Senate recessed.

RECESS


     The Senate reconvened at 3:00 p.m. , the President presiding.

     There being no objection, the Senate reverted to Order of Business No. 5.


REPORT OF STANDING COMMITTEE


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 42, 53, 59, 74, 75, 80, 87, 95, 99, 100, 128, 147, 159, 182, 193, 199, and 218 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1048 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1048 be amended as follows:

1048oq

     On page 10, line 6 of the Senate engrossed bill, after " person, " insert "make a contribution disguised as a gift,".

     On page 10 , line 8, after " contribution. " insert "No candidate may accept a contribution disguised as a gift."

1048fl

     On page 13, line 11 of the Senate engrossed bill, delete " file a statement " .

     On page 13 , line 12, delete " As " and insert "Be filed as".

     On page 21 , line 14, delete " shall be " and insert "is".

     On page 21 , line 17, after " guilty " insert "of".

1048op

     On page 24 of the Senate engrossed bill, delete lines 6 to 8 , inclusive.

Respectfully submitted,                        Respectfully submitted,
Larry Rhoden                                Dave Knudson
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1102 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1102 be amended as follows:

1102fa

     On page 2, line 3 of the Senate Judiciary Committee engrossed bill, delete everything after " . "

     On page 2 , delete lines 4 and 5 .

     On page 2 , line 12, delete everything after " . "

     On page 2 , delete lines 13 and 14 .

     On page 3 , line 2, delete everything after " . "

     On page 3 , delete lines 3 and 4 .

Respectfully submitted,                         Respectfully submitted,
Joni M. Cutler                                Gene G. Abdallah
House Committee Chair                        Senate Committee Chair


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 1061, 1139, 1251, 1266, and 1302.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Dykstra, Putnam, and Gillespie 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 on SB 31.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Faehn, Turbiville, and Bradford 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 on SB 41.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 198 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 44, 45, 82, 101, 123, 130, 135, 136, 164, and 183 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 9 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 2, the 36th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do concur in House amendments to SB 98.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 98.


     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 165.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 165.

     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. Apa moved that the Senate do concur in House amendments to SB 185.

     The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 185.

     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 two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Gray moved that the Senate do concur in House amendments to SB 202.

     The question being on Sen. Gray's motion that the Senate do concur in House amendments to SB 202.

     And the roll being called:

     Yeas 28, Nays 7, 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; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak; Two Bulls

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

     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. Knudson moved that JR 6F-3 be suspended for the sole purpose of allowing for the consideration of Conference Committee reports on the same day as the report is read for the remaining days of the 82nd Legislative Session.

     The question being on Sen. Knudson's motion that JR 6F-3 be suspended for the sole purpose of allowing for the consideration of Conference Committee reports on the same day as the report is read for the remaining days of the 82nd Legislative Session.

     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 two-thirds majority of the members- elect, the President declared the motion carried.


CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE


     Sen. Ed Olson moved that the report of the Conference Committee on HB 1286 as found on page 712 of the Senate Journal be adopted.

     The question being on Sen. Olson's motion that the report of the Conference Committee on HB 1286 be adopted.

     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 report was adopted.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1082:   FOR AN ACT ENTITLED, An Act to   revise the funding of K-12 education in the state.

     Was read the second time.

1082cq

     Sen. Knudson moved that HB 1082 be further amended as follows:

     On page 5, line 13 of the Senate Education Committee engrossed bill, delete " the per student allocation " and insert " $4,237.72 ".

     On page 5 , line 16, delete " the per student allocation " and insert " $4,237.72 ".

    Sen. Koetzle requested a roll call vote.

    Which request was supported.

     The question being on Sen. Knudson's motion that HB 1082 be further amended.

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent 0

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

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

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

1082ct

     Sen. Knudson moved that HB 1082 be further amended as follows:

     On page 1, between lines 8 and 9 of the Senate Education Committee engrossed bill, insert:

    "Section 2. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

     Any school district that has a fall enrollment, as defined in   §  13-13-10.1, of less than one hundred and is not a sparse school district, as defined in §  13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district that contracts with a school district in another state pursuant to §  13-15-11 to provide for the education of children in grades seven through twelve who reside within the district, that receives no foundation program state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in an adjoining school district in the state."

    Sen. Koetzle requested a roll call vote.

    Which request was supported.


     The question being on Sen. Knudson's motion that HB 1082 be further amended.

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

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

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

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

1082cs

     Sen. Knudson moved that HB 1082 be further amended as follows:

     On page 5, line 17 of the Senate Education Committee engrossed bill, overstrike everything after " is " and insert " four and three-tenths percent ".

     On page 5 , overstrike line 18 and 19.

     On page 5 , line 20, overstrike everything before ";".

     On page 7, between lines 15 and 16 , insert:

    "Section 8. That § 13-13-72 be amended to read as follows:

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


     Which motion prevailed.


     Sen. Knudson moved to reconsider the vote by which amendment 1082cq lost.

     The question being on Sen. Knudson's motion to reconsider the vote by which amendment 1082cq lost.

     And the roll being called:


     Yeas 18, Nays 17, Excused 0, Absent 0

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

     Nays:
Bartling; Duenwald; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); 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.

1082cq

     Sen. Knudson moved that HB 1082 be further amended as follows:

     On page 5, line 13 of the Senate Education Committee engrossed bill, delete " the per student allocation " and insert " $4,237.72 ".

     On page 5 , line 16, delete " the per student allocation " and insert " $4,237.72 ".

    Sen Koetzle requested a roll call vote.

    Which request was supported.

     The question being on Sen. Knudson's motion that HB 1082 be further amended.

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

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

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

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

     Sen. Heidepriem moved that the vote by which amendment 1082ct passed be reconsidered.

     The question being on Sen. Heidepriem's motion that the vote by which amendment 1082ct passed be reconsidered.

     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-elect, the President declared the motion lost.

     The question now being "Shall HB 1082 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; McCracken; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Turbak

     Nays:
Bartling; Hanson (Gary); Kloucek; Koetzle; Maher; McNenny; Peterson (Jim); Smidt (Orville); 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 1171:   FOR AN ACT ENTITLED, An Act to   enhance education in the state and to make an appropriation therefor.

     Was read the second time.

     Sen. Knudson moved that HB 1171 be deferred to Friday, March 2, the 36th legislative day.

     Which motion prevailed.


     There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 195 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do concur with the House amendments.

Respectfully submitted,                         Respectfully submitted,
Michael Buckingham                            Cooper Garnos
House Committee Chair                        Senate Committee Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 42: FOR AN ACT ENTITLED, An Act to  revise the discount provided to tobacco distributors purchasing tobacco stamps and to revise and repeal certain provisions regarding the cigarette tax.

     SB 53: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to construct a new engineering class/lab building for South Dakota State University and to make an appropriation therefor.

     SB 59: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2007 regarding appropriations to the Department of Health, the Board of Regents, the Department of Corrections, the Department of Human Services, and the Office of the Attorney General, and to declare an emergency.

     SB 74: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding health care decisions for persons incapable of giving consent.

     SB 75: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding living wills.

     SB 80: FOR AN ACT ENTITLED, An Act to  increase the fees permitted to recover reasonable costs and expenses on dishonored checks.

     SB 87: FOR AN ACT ENTITLED, An Act to  permit school district boards to consist of a combination of members who are elected at large and by member representation areas.

     SB 99: FOR AN ACT ENTITLED, An Act to  adopt the Uniform Principal and Income Act.

     SB 100: FOR AN ACT ENTITLED, An Act to  appropriate money for the Northern Crops Institute.

     SB 128: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the Soybean Research and Promotion Council.

     SB 147: FOR AN ACT ENTITLED, An Act to  revise the definition of wages for unemployment insurance.

     SB 159: FOR AN ACT ENTITLED, An Act to  allow a taxpayer who is the subject of an audit to provide certain pertinent papers and documents after the prescribed deadline under limited circumstances.

     SB 182: FOR AN ACT ENTITLED, An Act to  revise and establish certain provisions regarding the setting of rates for public utilities.

     SB 193: FOR AN ACT ENTITLED, An Act to  prohibit the abuse of certain elderly persons and to revise certain provisions regarding the abuse of disabled adults.

     SB 199: FOR AN ACT ENTITLED, An Act to  increase the compulsory attendance age for school attendance.

     SB 218: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of state park facilities and infrastructure at Custer State Park near Custer for the Department of Game, Fish and Parks, to make an appropriation, and to declare an emergency.

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

     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.

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

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

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

     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.


     HB 1113: FOR AN ACT ENTITLED, An Act to  prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.

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

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

     HB 1126: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning municipal sewer service.

     HB 1132: FOR AN ACT ENTITLED, An Act to  increase the maximum penalty that counties and municipalities may establish for a violation of an ordinance.

     HB 1138: FOR AN ACT ENTITLED, An Act to  appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     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.

     HB 1196: FOR AN ACT ENTITLED, An Act to  provide for notice and opportunity to remedy residential construction defects.

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

     HB 1205: FOR AN ACT ENTITLED, An Act to  provide funds to the state technical institutes.

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

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

     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.

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

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

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

     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.

     HB 1279: FOR AN ACT ENTITLED, An Act to  create a task force to study permanent funding options for the state technical institutes, to provide for its composition, and to declare an emergency.

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

     HB 1290: FOR AN ACT ENTITLED, An Act to  provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.

     And signed the same in the presence of the Senate.

     Sen. Abdallah moved that the Senate do now adjourn, which motion prevailed and at 4:23 p.m. the Senate adjourned.

Trudy Evenstad, Secretary