Senate Journal 03/26/2007 10:00 AM

JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION

FORTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 26, 2007

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

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate page Laura Hofer.

Roll Call: All members present except Sen. Two Bulls who was excused.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the thirty-ninth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Bob Gray, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

Mr. President and Members of the Senate:

I have the honor to inform you that on March 6, 2007, I approved Senate Bills 10, 42, 44, 45, and 99, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 6, 2007, I approved Senate Bills 53, 59, 74, 75, 80, 82, 84, 87, and 98, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 7, 2007, I approved Senate Bills 100, 101, 123, 128, 130, 135, 136, 147, 153, and 159, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 13, 2007, I approved Senate Bills 30, 127, 157, and 195, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 15, 2007

Mr. President and Members of the Senate:

I have the honor to inform you that on March 7, 2007, I approved Senate Bills 164, 165, 182, 185, 193, 199, 202, and 218, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 15, 2007, I approved Senate Bill 197, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

Mr. President and Members of the Senate:

I have the honor to inform you that on March 20, 2007, I approved Senate Bills 2, 31, 43, 180, and 207, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

EXECUTIVE VETOES AND RECOMMENDATIONS

The Honorable Dennis Daugaard
President of the Senate
State Capitol
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

I hereby return Senate Bill 95 and VETO the same. Senate Bill 95 creates a State Board of Technical Institutes and transfers oversight authority for postsecondary technical education from the Department of Education to the newly-created State Board of Technical Institutes. Senate Bill 95 suffers from several infirmities and places the future of our technical schools in serious jeopardy.

My first objection to Senate Bill 95 is that it creates a new and unnecessary layer of government. Senate Bill 95 irreversibly alters a governance system that currently operates well and the way it was intended, with local control. Adding a new bureaucracy simply drains additional state resources and provides no benefit to the technical institutes. I do not support creation of this unneeded layer of government.

My second objection is that Senate Bill 95 violates Article XIV, §3 of the South Dakota Constitution. That provision charges the South Dakota Board of Regents with governance of all postsecondary educational institutions in South Dakota. Although certain court cases recognize that the legislature may exercise control over operations of the Regents through budget and oversight, it may not change by statute the constitutional delegation of authority to the Regents to serve as the governing body for postsecondary education. Senate Bill 95 thus violates Article XIV, §3 of the South Dakota Constitution by charging an entity other than the Board of Regents with governance of these postsecondary educational institutions. While proponents of Senate Bill 95 have attempted to present complicated arguments that it does not violate the South Dakota Constitution, I think that this question simply requires us to read the words of this section which state that "...all other educational institutions that may be sustained either wholly or in part by the state shall be under the control of the Board of Regents".

The Board of Regents has repeatedly and publicly stated that if Senate Bill 95 is passed they will immediately challenge it in court based on this constitutional violation. I will support that effort and believe the Regents will prevail.

Finally, Senate Bill 95 contains an internal inconsistency that temporarily leaves technical institutes without authority to award degrees. Section 48 repeals SDCL §13-39-72 which allows technical institutes to award associate and applied science degrees. That provision would take effect on July 1st. However, Section 31 of Senate Bill 95, which authorizes technical institutes to award associate and applied science degrees does not take effect until the date of the first

annual meeting of the State Board of Technical Institutes as provided in Section 49 of the bill. There would, therefore, be a period of time from July 1, 2007, until the date of the first annual meeting of the newly created board during which technical institutes could not award degrees. This is a fatal flaw in Senate Bill 95 which cripples the technical institutes during the interim period.

For these reasons, I have vetoed Senate Bill 95. I respectfully request that you concur with my action.

Respectfully submitted,
M. Michael Rounds
Governor

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear President Daugaard and Members of the Senate:

I herewith return Senate Bill 103 and VETO the same.

Senate Bill 103 is entitled, "An Act to provide for the appointment of members of the Brand Board by district."

Senate Bill 103 would create three geographical districts from which the Governor must appoint members to the Brand Board. East River would comprise one district and West River would be divided into a northern and southern district. Four of the five Brand Board members would have to be appointed from West River - two from each district and one member would be appointed from the East River district. Current law requires that three of the five Brand Board members live in the brand inspection area (West River South Dakota).

People should be appointed to state boards and commissions based on their qualifications and abilities, not where they live. The current make-up of the Brand Board was negotiated and agreed upon in 2004.

Senate Bill 103 sets bad precedence for board and commission appointments. The state has nearly 150 different boards and commissions. According to the logic of this legislation, all boards and commission appointments should be regionalized. Doing so would result in appointed members representing the special interests of their specific region rather than the best interests of the state as a whole. Senate Bill 103 creates over-representation for the proposed Northwestern district, which has the fewest number of people and cattle.

Furthermore, this legislation also discriminates against many of our East River ranchers by limiting their representation to no more than one person. There are numerous producers who live east of the Missouri River, but own or lease grazing land west of the river or sell their cattle west of the river. Although they live east of the river, these ranchers are subject to brand inspection. Any cattle that have been transported into the brand inspection area must be inspected when they are transported out of the inspection area, are sold in the inspection area, or are slaughtered in the inspection area.

For these reasons, I respectfully request that you concur with my veto of SB 103.

Respectfully submitted,
M. Michael Rounds
Governor

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear President Daugaard and Members of the Senate:

I herewith return Senate Bill 183, and I veto the same. The bill is entitled "An Act to exempt the production of certain plants and sod from sales and use taxes."

If enacted, Senate Bill 183 will provide unsupported benefits to a small segment of our economy. Further, this exemption will likely lead to future exemptions resulting in the erosion of our sales and use tax base.

There must be some rationale for singling out a commercial enterprise and granting it a tax benefit. For example, if an industry is in its infancy and needs a tax benefit to ensure its survival, or if it is facing some unfair advantage granted to its competitors, then tax exemptions may be justified. Neither situation applies here. The proponents of Senate Bill 183 claim that an exemption is defensible because the industry is closely related to agriculture. That, in and of itself, does not call for an exemption.

As I see it, the raising and selling of sod is a commercial enterprise and should not be viewed as a traditional agricultural pursuit. The same holds true for the raising of ornamental plants. Neither activity demands special attention or economical assistance.

Senate Bill 183 proposes to exempt pesticides, fertilizer and fuel used by plant nurseries and greenhouses, as well as anyone who is a commercial grower of fruits and vegetables. Thus, this exemption extends to any person who grows produce for sale, which would include sales at roadside stands, farmers' markets, or sales by other vendors. The estimated fiscal impact of this exemption is $250,000, which is significant. The lost revenue could be put to better use

financing projects or contributing to property tax reduction, uses that more positively impact the citizens of this state.

If we grant an exemption in this case, where do we draw the line? This industry has not demonstrated a compelling need for special treatment. If we allow this exemption, how do we say no to any other exemption claims? Our sales and use tax is broadly based. Keeping that broad tax base allows us to keep the tax rate low and stable. I will oppose efforts that inevitably will result in an increase in the tax rate on everyone.

In that regard, I respectfully request that you concur with my veto of SB 183.

Respectfully submitted,
M. Michael Rounds
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of SB 95 pursuant to the veto of the Governor and the veto message found on page 792 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall SB 95 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

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

Nays:
Albers; Apa; Hoerth; McNenny; Nesselhuf; Olson (Ed)

Excused:
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 veto of the Governor notwithstanding.

The Senate proceeded to the reconsideration of SB 103 pursuant to the veto of the Governor and the veto message found on page 793 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall SB 103 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Apa; Bartling; Duenwald; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak

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

Excused:
Two Bulls

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost, sustaining the Governor's veto.

The Senate proceeded to the reconsideration of SB 183 pursuant to the veto of the Governor and the veto message found on page 794 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall SB 183 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Albers; Apa; Bartling; Duenwald; Gant; Garnos; Greenfield; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; McNenny; Nesselhuf; Peterson (Jim); Smidt (Orville); Sutton; Turbak

Nays:
Abdallah; Dempster; Gray; Hauge; Knudson; McCracken; Napoli; Olson (Ed); Schmidt (Dennis)

Excused:
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 veto of the Governor notwithstanding.

MOTIONS AND RESOLUTIONS

Sen. Knudson moved 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Which motion prevailed and the President announced as such committee Sens. Knudson, Dempster, and Heidepriem.

Sen. Knudson moved 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 fix the time of adjournment sine die.

Which motion prevailed and the President announced as such committee Sens. Knudson, Dempster, and Heidepriem.

Sen. Knudson moved that the rules be suspended for the sole purpose of introducing and giving immediate consideration to a Senate Resolution honoring the life of Dr. William O. Farber.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of introducing and giving immediate consideration to a Senate Resolution honoring the life of Dr. William O. Farber.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
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.

SR 1 Introduced by: Senators Gray, Abdallah, Albers, Apa, Bartling, Dempster, Duenwald, Gant, Garnos, 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, and Two Bulls

A RESOLUTION, Honoring the life, achievements, and indomitable spirit of Doctor William O. Farber, Professor Emeritus of Political Science at the University of South Dakota.

WHEREAS, Doctor William O. Farber passed away on March 24^th at the venerable age of ninety-six; and

WHEREAS, Doctor Farber, during the last seventy-two years, forged a career in public service in South Dakota so extensive, unique, multifaceted, and pervasive that it is not an exaggeration to say that no other South Dakotan will ever duplicate it; and

WHEREAS, Doctor Farber possessed the extraordinary capacity to blend a distinguished, traditional academic career with continuous public service at the state, national, and municipal levels; and

WHEREAS, Doctor Farber literally wrote the book on South Dakota government, his text "Government of South Dakota" being the ultimate civics textbook for generations of South Dakotans; and

WHEREAS, Doctor Farber's impish, but winning, personality captivated everyone that he came in contact with from the lowliest University of South Dakota freshman to the most powerful Washington powerbrokers; and

WHEREAS, Doctor Farber never forgot a student, colleague, or public servant whose acquaintance he had once made nor did anyone who had fallen under the spell of Farbs' engaging charm ever forget him; and

WHEREAS, Doctor Farber, who never had a family of his own, was surrogate father to an extended family of thousands of "Farber boys" whose careers he guided and facilitated, taking great pride in their accomplishments and advancements, especially if they chose the field of public service; and

WHEREAS, of all South Dakota institutions, the Legislature owes a special debt of gratitude to Doctor Farber, who, in a major initiative to modernize and professionalize the South Dakota Legislature, founded the Legislative Research Council and served as its first director and principal staff from 1951 to 1955, and who continued to exert a benevolent influence over the LRC and the legislative process for decades:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-second Legislature of the State of South Dakota, that all South Dakotans join the Legislature in celebrating the life, personality, and career of Doctor William O. Farber; and

BE IT FURTHER RESOLVED, that the Executive Board of the Legislative Research Council be directed to acquire a bust, portrait, or other suitable memorial of Doctor Farber for display in the Legislative Research Council offices or in an appropriate legislative area of the State Capitol.

Was read the first time.

SR 1: A RESOLUTION, Honoring the life, achievements, and indomitable spirit of Doctor William O. Farber, Professor Emeritus of Political Science at the University of South Dakota.

Was read the second time.

Sen. Knudson moved that SR 1 as found on page 797 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that SR 1 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; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

Excused:
Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SR 1 was adopted.

Sen. Knudson moved that the Senate do now recess until 11:45 a.m., which motion prevailed and at 11:00 a.m., the Senate recessed.

The Senate reconvened at 12:11 p.m., the President presiding.

Sen. Knudson moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 12:13 p.m., the Senate recessed.

The Senate reconvened at 1:52 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant to the Governor's veto of SB 103, sustained that veto and delivered the same to his Excellency, the Secretary of State, for filing at 12:55 p.m., March 26, 2007.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1010 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 sustained the veto of the Governor on HB 1131.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has sustained the veto of the Governor on HB 1189.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Deadrick, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-second Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Deadrick, Rhoden, and Hargens as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform

him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that the rules be suspended for the sole purpose of waiving first reading and committee referral of HCR 1010 and that HCR 1010 be up for immediate consideration.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of waiving first reading and committee referral of HCR 1010 and that HCR 1010 be up for immediate consideration.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Abdallah; 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.

Sen. Knudson moved that the rules be suspended for the sole purpose of introduction of a Senate Commemoration honoring the South Dakota State University Jackrabbits 2006-2007 Women's Basketball Team and waiving the calendar placement requirement.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of introduction of a Senate Commemoration honoring the South Dakota State University Jackrabbits 2006-2007 Women's Basketball Team and waiving the calendar placement requirement.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Abdallah; 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.

Sen. Knudson moved that the rules be suspended for the sole purpose of introduction of a Senate Resolution in support of the United States troops in Iraq and Afghanistan.

The question being on Sen. Knudson's motion that the rules be suspended for the sole purpose of introduction of a Senate Resolution in support of the United States troops in Iraq and Afghanistan.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Abdallah; 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.

HCR 1010: A CONCURRENT RESOLUTION, Requesting the National Farm Service Agency to reconsider the closure of certain county Farm Service Agency offices.

Was read the second time.

Sen. Knudson moved that the Senate do concur in HCR 1010 as found on page 855 of the House Journal.

The question being on Sen. Knudson's motion that the Senate do concur in HCR 1010.

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Albers; Bartling; Duenwald; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McNenny; Napoli; Nesselhuf; Peterson (Jim); Smidt (Orville); Sutton; Turbak

Nays:
Abdallah; Apa; Dempster; Gant; Greenfield; Hunhoff; McCracken; Olson (Ed); Schmidt (Dennis)

Excused:
Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1010 was concurred in.

SR 2 Introduced by: Senators Smidt (Orville), 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), Sutton, Turbak, and Two Bulls

A RESOLUTION, Expressing the South Dakota Legislature's gratitude and support for all military personnel's sacrifice in the ongoing war against terrorism, especially those in harm's way in Iraq and Afghanistan.

WHEREAS, more than 5,500 South Dakotans have served in Iraq, Afghanistan, and the Persian Gulf region in the War on Terror as members of the regular Armed Forces, the South Dakota National Guard, and the Armed Forces Reserves; and

WHEREAS, twenty South Dakotans have lost their lives while serving their country in Operation Iraqi Freedom; and

WHEREAS, all South Dakotans support at all times our military forces in the performance of their assigned duties both at home and abroad:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-second Legislature of the State of South Dakota, that the South Dakota Legislature, on behalf of the citizens of South Dakota, express our deepest thanks, gratitude, and support to the men and women of South Dakota who are serving in our military forces for the sacrifices they and their families have made.

Was read the first time and the comittee referral was waived.

SR 2: A RESOLUTION, Expressing the South Dakota Legislature's gratitude and support for all military personnel's sacrifice in the ongoing war against terrorism, especially those in harm's way in Iraq and Afghanistan.

Was read the second time.

Sen. Knudson moved that SR 2 as found on page 803 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that SR 2 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; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

Excused:
Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SR 2 was adopted.

COMMEMORATION

SC 25 Introduced by: Senator Smidt (Orville) and Representatives Pitts and Tidemann

A LEGISLATIVE COMMEMORATION, Honoring the South Dakota State University Women's 2006-2007 Basketball Team.

WHEREAS, the 2006-2007 South Dakota State University Jackrabbits women's basketball team completed an outstanding season, culminating in an invitation to the Divison 1 Women's National Invitational Tournament, the NIT, where they earned a first-round bye and reached the quarterfinals with victories against Illinois State and Indiana. They finished the season with a 25-6 record, which included a 14-game winning streak, and are the first team nationally to qualify for the NIT while in the transition from Division 2 to Division 1 competition; and

WHEREAS, all members of the 2006-2007 SDSU women's basketball team reside within five hundred miles of SDSU and are mainly from small towns. Five team members are from South Dakota, five are from Minnesota, and three are from Wisconsin. The 2006-2007 team is coached by Head Coach Aaron Johnston and assistant coaches Laurie Melum, Jina Johansen, and Matt Stamerjohn. Team members include Andrea Verdegan, Nicole Helsper, Alison

Anderson, Ketty Cornemann, Morgan Meier, Stacie Oistad, Megan Vogel, Abby Kratovil, Maria Boever, Ashlea Muckenhirn, Jennifer Warkenthein, Courtney Grimsrud, and Laura Nielsen; and

WHEREAS, the 2006-2007 SDSU women's basketball team led the nation in academic performance by a Division 1 team. The team played before record crowds at Frost arena in Brookings for the Illinois State and Indiana games. In addition, Coach Aaron Johnston was named Division 1 Independent Coach of the Year, Megan Vogel was named to the Division 1 Independent first team, and Courtney Grimsrud was named Division 1 Independent Defensive Player of the Year:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-second Legislature of the State of South Dakota, that the 2006-2007 South Dakota State University women's basketball team, coaches, and staff be congratulated and honored for their accomplishments on and off the court and for their outstanding representation of their state and their university.

REPORT OF JOINT-SELECT COMMITTEE

MR. PRESIDENT:

Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Eighty-second Legislative Session.

Respectfully submitted,        Respectfully submitted,
Thomas Deadrick        Dave Knudson
Larry Rhoden        Tom Dempster
Dale Hargens        Scott Heidepriem
House Committee        Senate Committee

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Knudson moved that the report of the Joint-Select Committee relative to informing his Excellency, the Governor, that the Legislature has completed its labors and is ready to adjourn sine die as found on page 805 of the Senate Journal be adopted.

Which motion prevailed.

MESSAGES FROM THE HOUSE

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of informing his Excellency, the Governor, that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of fixing the time of adjournment sine die for the Eighty-second Legislative Session.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has sustained the veto of the Governor on SB 183.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has sustained the veto of the Governor on SB 95.

Respectfully,
Karen Gerdes, Chief Clerk

The following closing prayer was offered by Rev. Jennifer Hallenbeck:

God of us all, at the close of this legislative session we stand before You, offering to You the work of our minds, our hearts, and our hands. South Dakota is our home and for its hills and plains, for its countryside and its cities, we give You our most sincere thanks. We also thank You for the many people who work tirelessly to assist us in this place. This session has presented joys and challenges that are unique to each and every one of us: where we have erred and put ourselves before our sisters and brothers of this state, forgive us; and where we have stumbled upon Your will despite ourselves encourage us. As we go forth from this place of governance, help us to be at peace with the decisions we have made. And for us and for all of our leaders _ for Governor Rounds, Senators Thune and Johnson, and Representative Herseth _ we pray for Your strength and for Your grace. Inspire us with a continuing sense of hope for the future of our state, and for all its people, that we may return refreshed and prepared to continue in this challenging work. Amen.

REPORT OF JOINT-SELECT COMMITTEE

MR. PRESIDENT:

Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Eighty-second Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 3:11 p.m., March 26, 2007.

Respectfully submitted,    Respectfully submitted,
Thomas Deadrick    Dave Knudson
Larry Rhoden    Thomas Dempster
Dale Hargens    Scott Heidepriem
House Committee    Senate Committee

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Knudson moved that the report of the Joint-Select Committee relative to adjournment sine die of the Eighty-second Legislative Session as found on page 807 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Knudson moved that the Senate do now adjourn sine die, which motion prevailed and at 3:11 p.m. the Senate adjourned.

Trudy Evenstad, Secretary