JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 2, 2007

     The Senate convened at 10:00 a.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 Suzanne Jones.

     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-fifth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 44, 45, 82, 98, 101, 123, 130, 135, 136, 164, 165, 183, 185, 202 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 103 was delivered to his Excellency, the Governor, for his approval at 9:05 a.m., March 2, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SB 10, 84, 153, 197, and SJR 9 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS



    SENATE PAGE RESOLUTION 4 Introduced by: Senators 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

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-second Legislature of the State of South Dakota to Kyle Buckmiller, Kate Chamberlain, Delci Christensen, Suzanne Jones, Garrett Manley, Jamie Strand, and Ashley Willcuts.

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-second Legislative Session; and


    WHEREAS, the members of the Eighty-second Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.


     Sen. Knudson moved that Senate Page Resolution 4 be adopted.

     The question being on Sen. Knudson's motion that Senate Page Resolution 4 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.

     SCR 10:   A CONCURRENT RESOLUTION,   Supporting the Boys and Girls Clubs of the South Dakota Alliance.

     Sen. Orville Smidt moved that SCR 10 as found on plage 713 of the Senate Journal be adopted.

     The question being on Sen. Smidt's motion that SCR 10 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; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls


     Excused:
Olson (Ed)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 10 was adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEE S


     Sen. Garnos moved that the report of the Conference Committee on SB 195 as found on page 731 of the Senate Journal be adopted.

     The question being on Sen. Garnos' motion that the report of the Conference Committee on SB 195 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.

     Sen. Knudson moved to defer action on the Conference Committee report on HB 1048 to follow Second Reading of House Bills.

     Which motion prevailed.

     Sen. Abdallah moved that the report of the Conference Committee on HB 1102 as found on page 722 of the Senate Journal be adopted.

     The question being on Sen. Abdallah's motion that the report of the Conference Committee on HB 1102 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


     Sen. Knudson moved that HB 1131 be immediately considered.

     Which motion prevailed and HB 1131 was up for immediate consideration.

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

     Was read the second time.

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     Sen. Turbak moved that HB 1131 be further amended as follows:

     On page 2, line 13 of the Senate Taxation Committee engrossed bill, delete " usage " and insert "sales".

     Which motion prevailed.

     The question being "Shall HB 1131 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

     Yeas:
Albers; Bartling; Dempster; Duenwald; Garnos; Greenfield; 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:
Abdallah; Apa; Gant; Napoli; Schmidt (Dennis)

     Excused:
Gray

     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 when we adjourn today, we adjourn to convene at 9:00 a.m. on Saturday, March 3, the 37th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 10:55 a.m., the Senate recessed.

RECESS


     The Senate reconvened at 1:32 p.m., the President presiding.

     There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS


March 2, 2007

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 1, 2007, I approved Senate Bills 3, 7, 8, 9, 15, 17, 25, 32, 33, 39, 46, 47, 50, 52, 55, 56, 57, 60, 61, 62, 67, 68, 70, 77, 79, 81, 83, 86, 88, 89, 90, 94, 96, 118, 184, 186, and 219, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor



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 1176 and has appointed Reps. Dykstra, DeVries, and Halverson 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. Dempster, Gray, and Heidepriem 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 1176.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committee on HB 1286 and 1102.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1041, 1063, 1155, and 1249.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 30 and 127 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the SB 115 was lost for failure to be placed on the House calendar.

Respectfully,
Karen Gerdes, Chief Clerk


MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that SJR 9 be placed to precede SB 10 on today's calendar.

     Which motion prevailed.

     Sen. Ed Olson moved that the Senate do concur in House amendments to SJR 9.

     Sen. Napoli moved as a substitute motion that the Senate do not concur in House amendments to SJR 9 and that no committee be appointed.

     The question being on Sen. Napoli's motion that the Senate do not concur in House amendments to SJR 9 and that no committee be appointed.

     And the roll being called:

     Yeas 21, Nays 12, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Jerstad; Katus; Kloucek; Lintz; Maher; Napoli; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

     Nays:
Dempster; Duenwald; Gant; Garnos; Hunhoff; Knudson; Koetzle; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville)

     Excused:
Abdallah; Hundstad

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

     Sen. McCracken moved that the Senate do concur in House amendments to SB 10.

     The question being on Sen. McCracken's motion that the Senate do concur in House amendments to SB 10.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


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

     Excused:
Hundstad; Lintz; McNenny

     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 84.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 84.

     And the roll being called:

     Yeas 20, Nays 12, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Heidepriem; Hoerth; Hunhoff; Knudson; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Turbak

     Nays:
Bartling; Hanson (Gary); Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Peterson (Jim); Schmidt (Dennis); Sutton; Two Bulls

     Excused:
Hundstad; Lintz; McNenny

     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 the Senate do concur in House amendments to SB 153.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 153.

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0


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

     Nays:
Heidepriem

     Excused:
Hundstad; Lintz; McNenny

     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. Dempster moved that the Senate do concur in House amendments to SB 197.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 197.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Napoli

     Excused:
Hundstad; McNenny

     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.

     HCR 1009:   A CONCURRENT RESOLUTION,   Requesting the Congress and the President of the United States to reauthorize the federal Indian Health Care Improvement Act.

     Was read the first time and the President waived the referral to committee and placed HCR1009 on the calendar for Saturday, March 3, the 37th legislative day.


     Sen. Knudson moved that consideration of the Conference Committee report on HB 1048 be placed to follow Motions and Resolutions on today's calendar.

     Which motion prevailed.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE


     Sen. Dempster moved that the report of the Conference Committee on HB 1048 as found on page 721 of the Senate Journal be adopted.

     Sen. Gray moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1048 and that a new committee 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. Knudson, Gray, and Nesselhuf.

     Sen. Knudson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 2:02 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 3:15 p.m., the President presiding.

HONORED GUESTS


     The President introduced Sydney Palmer, Pierre, South Dakota, winner of the national championship of NFL's Punt, Pass, and Kick Competition in the girl's 8-9 year division, to the body.

     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 10, 84, 153, and 197 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 SB 41 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 41 be amended as follows:

41fc

     On page 2, line 16 of the House Taxation Committee engrossed bill, delete " Class 4 " and insert " Class 5 ".
    
Respectfully submitted,                         Respectfully submitted,
Bob Faehn                                    Kenneth McNenny
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 2 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,
Gordon R. Pederson                            Ed Olson
House Committee Chair                        Senate Committee Chair

     Sen. Knudson moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 3:20 p.m., the Senate recessed.


RECESS

     The Senate reconvened at 4:30 p.m., the President presiding.

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

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 43, 157, 180, and 207 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to adopt the Report of the Conference Committee on HB 1048 and has appointed Reps. Rhoden, Deadrick, and Hargens as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Apa moved that the Senate do concur in House amendments to SB 30.

     The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 30.

     And the roll being called:

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

     Nays:
Bartling; 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. Gary Hanson moved that the Senate do concur in House amendments to SB 127.

     The question being on Sen. Hanson's motion that the Senate do concur in House amendments to SB 127.

     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 CONFERENCE COMMITTEES


     Sen. Ed Olson moved that the report of the Conference Committee on SB 2 as found on page 746 of the Senate Journal be adopted.

    
     Sen. Koetzle moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 2 and do not appoint a new committee.

     The question being on Sen. Koetzle's motion to not adopt the report of the Conference Committee on SB 2 and to not appoint a new committee.

     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 on Sen. Olson's motion that the report of the Conference Committee on SB 2 be adopted.

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

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

     Nays:
Bartling; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; 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.

     Sen. McNenny moved that the report of the Conference Committee on SB 41 as found on page 746 of the Senate Journal be adopted.

     Sen. Hundstad moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 41 and do not appoint a new committee.

     The question being on Sen. Hundstad's motion to not adopt the report of the Conference Committee on SB 41 and to not appoint a new committee.

    Sen. Gray moved the previous question.

    Which motion prevailed.

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

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


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

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the report was not adopted and no new committee was appointed.

MOTIONS AND RESOLUTIONS

     Sen. Knudson moved that the House amendments to SB 157, 180, and 207 be immediately considered.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do not concur in House amendments to SB 157 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. Knudson, Ed Olson, and Heidepriem.

     Sen. Nesselhuf moved that the Senate do not concur in House amendments to SB 180 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. Tom Hansen, Dempster, and Nesselhuf.

     Sen. Dempster moved that the Senate do concur in House amendments to SB 207.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 207.

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

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



     Nays:
Apa; Duenwald; Greenfield; Maher

     Excused:
Albers; Nesselhuf

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1171:   FOR AN ACT ENTITLED, An Act to   enhance education in the state and to make an appropriation therefor.

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

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     Sen. Knudson moved that HB 1171 be further amended as follows:

     On page 6, after line 7 of the Senate Education Committee engrossed bill, insert:

    "Section 15. For the fiscal year beginning on July 1, 2007, there is hereby appropriated from the general fund the sum of five million dollars ($5,000,000) to the Department of Education for distribution to school districts through the state aid to general education foundation formula."


     Which motion prevailed.

     The question being "Shall HB 1171 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 1084:   FOR AN ACT ENTITLED, An Act to   revise the property tax levies for the general fund of a school district.

     Was read the second time.

     The question being "Shall HB 1084 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

COMMEMORATIONS


     SC 23   Introduced by:  Senator Nesselhuf and Representatives Boomgarden and Nygaard

         A LEGISLATIVE COMMEMORATION,  Recognizing Elvie DeJong of Chancellor on the occasion of her 98th birthday.

     WHEREAS,  Elvie DeJong of Chancellor was born March 7, 1909, and has lived a long and loving life, generously giving up herself to enriching the lives of her family, friends, the Chancellor Reformed Church, and the Chancellor community;

     WHEREAS,  she gave to the world five beautiful children, Bennett, Marvin, James, Donald, and Marcine, who, guided by the example of her own life and her teachings, have contributed to communities throughout the states; and

     WHEREAS,  she is known for her exceptional baking skills and delicious cookies and banana bread which she shares with her visitors over coffee or tea:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that it is altogether fitting and proper for the Legislature to recognize Elvie DeJong at this special milestone in her life, and commend her for a distinguished lifetime of service to the people of South Dakota.

     SC 24   Introduced by:  Senators Gray, Dempster, Hansen (Tom), McNenny, and Olson (Ed) and Representatives Rounds, Dykstra, Heineman, Juhnke, and Olson (Ryan)



         A LEGISLATIVE COMMEMORATION,  Honoring the Capital City Children's Chorus for being selected to perform at America's 400th birthday celebration in Jamestown, Virginia, on America's Anniversary Weekend, May 10-14, 2007.

     WHEREAS,  the Capital City Children's Chorus was chosen to represent the state of South Dakota in this national event which celebrates the landing the "new Americans" in Jamestown, Virginia, in 1607; and

     WHEREAS,  the Capital City Children's Chorus is composed of talented fourth through ninth graders from the Pierre/Fort Pierre area who have worked hard to earn this distinguished honor; and

     WHEREAS,  the Capital City Children's Chorus has a dedicated director, Barb Newman, and assistant, Ginny Lors, whose continuous guidance, leadership, and efforts have greatly benefited the continued success of the chorus:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that the Capital City Children's Chorus be honored for its selection to represent South Dakota at America's 400th birthday celebration in Jamestown, Virginia.

SIGNING OF BILLS


     The President publicly read the title to

     SB 10: FOR AN ACT ENTITLED, An Act to  revise certain requirements and procedures regarding the one-call notification system for excavation activities.

     SB 30: FOR AN ACT ENTITLED, An Act to  to make an appropriation for costs related to payments to sparse school districts and to declare an emergency.

     SB 44: FOR AN ACT ENTITLED, An Act to  require the conduct of criminal background checks for certain persons employed by the Division of Banking.

     SB 45: FOR AN ACT ENTITLED, An Act to  repeal the authority for state chartered savings and loan associations.

     SB 82: FOR AN ACT ENTITLED, An Act to  revise certain fees charged by sheriffs.

     SB 84: FOR AN ACT ENTITLED, An Act to  increase the maximum fees for conducting weights and measures inspections and testing.

     SB 95: FOR AN ACT ENTITLED, An Act to  establish a State Board of Technical Institutes, to provide for its powers, duties, and responsibilities, and to provide for the transfer of authority over public postsecondary technical education from the Department of Education to the State Board of Technical Institutes.


     SB 98: FOR AN ACT ENTITLED, An Act to  revise or clarify certain provisions relating to the classification and creation of trusts.

     SB 101: FOR AN ACT ENTITLED, An Act to  establish a governance policy for school boards.

     SB 123: FOR AN ACT ENTITLED, An Act to  provide that sheriffs receive payment for marshaling assets for an execution of judgment or execution sale even if no sale occurs.

     SB 127: FOR AN ACT ENTITLED, An Act to  require the disclosure of known contamination of waterways on property condition disclosure statements.

     SB 130: FOR AN ACT ENTITLED, An Act to  permit the Department of Health to provide an electronic report of marriages upon request.

     SB 135: FOR AN ACT ENTITLED, An Act to  increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

     SB 136: FOR AN ACT ENTITLED, An Act to  provide for the release of the juvenile monitor's report after clearance by the attorney general and to provide for a confidential addendum to the report.

     SB 153: FOR AN ACT ENTITLED, An Act to  provide for the suspension of certain county officials pending completion of criminal prosecutions.

     SB 164: FOR AN ACT ENTITLED, An Act to  permit certain taxing districts to revise the amount of revenue payable from property taxes.

     SB 165: FOR AN ACT ENTITLED, An Act to  repeal and reestablish provisions to regulate mortgage lenders and brokers.

     SB 183: FOR AN ACT ENTITLED, An Act to  exempt the production of certain plants and sod from sales and use taxes.

     SB 185: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund tax refunds for elderly and disabled persons for property tax and sales tax refunds.

     SB 197: FOR AN ACT ENTITLED, An Act to  adopt the Revised Uniform Anatomical Gift Act.

     SB 202: FOR AN ACT ENTITLED, An Act to  increase the exemption from process of certain retirement benefits.

     And signed the same in the presence of the Senate.


     Sen. Dempster moved that the Senate do now adjourn, which motion prevailed and at 5:40 p.m. the Senate adjourned.

Trudy Evenstad, Secretary