JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 16, 2008

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

     The prayer was offered by the Chaplain, Rev. Levi Willms, followed by the Pledge of Allegiance led by Senate page Jacklyn Willard.

     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 sixth 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the consideration of the executive appointment of Larry Miller of Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

     The question being "Does the Senate advise and consent to the executive appointment of Larry Miller pursuant to the executive message as found on page 45 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     So the question having received an affirmative vote of a majority of the members present, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of Darin Bergquist of Hughes County, Pierre, South Dakota, as Secretary of the Department of Transportation.

     The question being "Does the Senate advise and consent to the executive appointment of Darin Bergquist pursuant to the executive message as found on page 48 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Gant

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.


     The Senate proceeded to the consideration of the executive reappointment of James Hansen of Hughes County, Pierre, South Dakota, to the State Board of Regents.

     The question being "Does the Senate advise and consent to the executive reappointment of James Hansen pursuant to the executive message as found on page 44 of the Senate Journal?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Apa; Gant

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Daniel Cotton of Union County, Beresford, South Dakota, to the South Dakota Railroad Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Daniel Cotton pursuant to the executive message as found on page 42 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

     The Senate proceeded to the consideration of the executive reappointment of Scott Stern of Hutchinson County, Freeman, South Dakota, to the South Dakota Railroad Authority.


     The question being "Does the Senate advise and consent to the executive reappointment of Scott Stern pursuant to the executive message as found on page 42 of the Senate Journal?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  53 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Arlene Ham-Burr of Pennington County, Rapid City, South Dakota, to the Commission on Human Rights and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Bernie Hunhoff of Yankton County, Yankton, South Dakota, to the Commission on Human Rights and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Lloyd Schipper of Hughes County, Pierre, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Tom Graham of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Douglas Sharp of Codington County, Watertown, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dennis Neugebauer of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of D. J. Mertens of Lyman County, Kennebec, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Keith W. Corbett of Brookings County, Brookings, South Dakota, to the Assistant Adjutant General, Army and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of David E. Holman of Minnehaha County, Sioux Falls, South Dakota, to the Assistant Adjutant General, Air and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  61 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1001, 1002, 1003, 1004, 1015, 1031, 1041, and 1055 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     SCR 1: A CONCURRENT RESOLUTION, Supporting the use of video cameras in state, tribal, and local law enforcement vehicles.

    Was read the second time.

     Sen. Two Bulls moved that SCR 1 as found on page 11 of the Senate Journal be adopted as amended on page 94 of the Senate Journal.

     The question being on Sen. Two Bulls' motion that SCR 1 be adopted 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 Berry; Two Bulls

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

     SCR 2: A CONCURRENT RESOLUTION, Urging Congress to provide additional funding for tribal historic preservation offices.

    Was read the second time.

     Sen. Two Bulls moved that SCR 2 as found on page 12 of the Senate Journal be adopted.

     The question being on Sen. Two Bulls' motion that SCR 2 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; 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 Berry; Two Bulls

     Nays:
Greenfield

     Excused:
Bartling

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


CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on SB 17 as found on page 113 of the Senate Journal ; also

     Education on SB 21 as found on page 111 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 99  Introduced by:  Senators Albers and McCracken and Representatives Gillespie and Pederson (Gordon)

     FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.

     Was read the first time and referred to the Committee on Education.

     SB 100  Introduced by:  Senators Two Bulls, Hanson (Gary), Hoerth, Jerstad, Katus, Kloucek, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), Sutton, and Turbak Berry and Representatives Bradford, Ahlers, Feinstein, Lucas, Moore, Nygaard, Sigdestad, Thompson, and Van Norman

     FOR AN ACT ENTITLED, An Act to repeal the restriction on certain political campaign contributions by Indian tribes.

     Was read the first time and referred to the Committee on State Affairs.

     SB 101  Introduced by:  Senators Two Bulls, Hanson (Gary), Hoerth, Jerstad, Katus, Kloucek, Koetzle, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), Sutton, and Turbak Berry and Representatives Van Norman, Ahlers, Bradford, Feinstein, Kirkeby, Lucas, Moore, Nygaard, Sigdestad, and Thompson

     FOR AN ACT ENTITLED, An Act to authorize funding for certain tribal colleges to defray certain costs associated with educating nonbeneficiary students at tribal colleges and to make an appropriation therefor.

     Was read the first time and referred to the Committee on Appropriations.

     SB 102  Introduced by:  Senators Turbak Berry, Garnos, Jerstad, McNenny, and Olson (Ed) and Representatives Cutler, Deadrick, Engels, Faehn, Feinstein, Gillespie, Glenski, and Kirkeby

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the homestead exemption, personal property exemptions, and insurance and annuity exemptions.

     Was read the first time and referred to the Committee on Judiciary.

     SB 103  Introduced by:  Senators Turbak Berry, Abdallah, Garnos, Koetzle, and McCracken and Representatives Willadsen, Ahlers, Cutler, Engels, Miles, Pederson (Gordon), Rounds, and Street

     FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the use of replacement crash parts in the repair of certain motor vehicles.

     Was read the first time and referred to the Committee on Commerce.

     SB 104  Introduced by:  Senators Kloucek, Garnos, and Napoli and Representatives Nygaard, Gassman, Jerke, and Olson (Betty)

     FOR AN ACT ENTITLED, An Act to excuse certain elderly persons from jury duty upon request.

     Was read the first time and referred to the Committee on Judiciary.

     SB 105  Introduced by:  Senator Heidepriem and Representative Thompson

     FOR AN ACT ENTITLED, An Act to provide state comity for the orders and judgments of tribal courts.

     Was read the first time and referred to the Committee on Judiciary.

     SB 106  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Jerstad, Koetzle, Nesselhuf, Peterson (Jim), Sutton, Turbak Berry, and Two Bulls and Representatives Hargens, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Halverson, Miles, Moore, Sigdestad, Street, and Thompson

     FOR AN ACT ENTITLED, An Act to limit state expenditures.

     Was read the first time and referred to the Committee on State Affairs.

     SB 107  Introduced by:  Senators Hunhoff, Abdallah, Albers, Dempster, Gant, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hauge, Katus, Kloucek, Koetzle, Maher, McNenny, Sutton,

Turbak Berry, and Two Bulls and Representatives Gilson, Bradford, Cutler, DeVries, Elliott, Feinstein, Hargens, Jerke, Kirkeby, Krebs, Lucas, Moore, Olson (Betty), Olson (Russell), Olson (Ryan), Putnam, Rounds, Van Etten, and Weems

     FOR AN ACT ENTITLED, An Act to authorize county special assessments for certain improvements, maintenance, and repair to roadways in unorganized townships.

     Was read the first time and referred to the Committee on Local Government.

     SB 108  Introduced by:  Senators Nesselhuf and Albers and Representatives Pederson (Gordon), Ahlers, Boomgarden, Burg, Cutler, and Faehn

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the directional sign program for certain business establishments located near an interstate or primary highway.

     Was read the first time and referred to the Committee on Transportation.

     SB 109  Introduced by:  Senators Apa, Bartling, Gray, Greenfield, Hoerth, Hunhoff, Maher, and Smidt (Orville) and Representatives Tidemann, Carson, Dennert, Glenski, Haverly, and Putnam

     FOR AN ACT ENTITLED, An Act to authorize the Fourth Circuit drug court program in the Unified Judicial System and to make an appropriation therefor.

     Was read the first time and referred to the Committee on Appropriations.

     SB 110  Introduced by:  Senators Apa, Greenfield, and Napoli and Representatives Haverly, DeVries, Kirkeby, Lucas, McLaughlin, Olson (Betty), Pederson (Gordon), and Van Etten

     FOR AN ACT ENTITLED, An Act to provide increased funding for the maintenance of state highways and roads by eliminating the tax differential between ethanol blends and motor fuel through an increase in the fuel excise tax rate on ethanol blends.

     Was read the first time and referred to the Committee on Taxation.

     SB 111  Introduced by:  Senators Duenwald, Abdallah, Apa, Garnos, Hansen (Tom), Hauge, Lintz, Maher, McCracken, Napoli, Peterson (Jim), and Schmidt (Dennis) and Representatives Brunner, Cutler, DeVries, Gilson, Hackl, Jerke, Juhnke, Kirkeby, Koistinen, Lucas, Novstrup (David), Olson (Russell), Rausch, Steele, and Turbiville

     FOR AN ACT ENTITLED, An Act to extend the prohibition of road hunting of big game to include all firearms.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 112  Introduced by:  Senators Nesselhuf, Bartling, Dempster, Garnos, Gray, Hansen (Tom), Hunhoff, McCracken, and Sutton and Representatives Willadsen, Cutler, Dykstra, Elliott, Faehn, Halverson, Miles, Rounds, and Weems

     FOR AN ACT ENTITLED, An Act to revise eligibility requirements for continuation of health care coverage.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 113  Introduced by:  Senators Nesselhuf, Bartling, Dempster, Garnos, Gray, Hansen (Tom), Hunhoff, McCracken, and Sutton and Representatives Willadsen, Cutler, Dykstra, Elliott, Faehn, Halverson, Miles, Rounds, and Weems

     FOR AN ACT ENTITLED, An Act to exempt certain individual health benefit plans from certain premium rating requirements.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 114  Introduced by:  Senators Nesselhuf, Bartling, Dempster, Garnos, Gray, Hansen (Tom), McCracken, and Sutton and Representatives Willadsen, Cutler, Dykstra, Elliott, Faehn, Halverson, Miles, Rounds, and Weems

     FOR AN ACT ENTITLED, An Act to allow persons who were eligible to receive coverage under the risk pool but chose conversion coverage to obtain coverage under the risk pool under certain circumstances.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 115  Introduced by:  Senators Bartling, Greenfield, Hansen (Tom), Hanson (Gary), and Peterson (Jim) and Representatives Tidemann, Burg, Dennert, Lucas, and Rausch

     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 first time and referred to the Committee on Taxation.

     SB 116  Introduced by:  Senators Knudson, Hansen (Tom), Lintz, and Peterson (Jim) and Representatives Noem, Boomgarden, Dennert, Juhnke, Rhoden, Sigdestad, and Vanneman

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of real property, to assess agricultural land based on its agricultural income value, to create an implementation and oversight advisory task force, to repeal certain provisions regarding the assessment of property, and to repeal the nonagricultural acreage classification.

     Was read the first time and referred to the Committee on Taxation.

     SB 117  Introduced by:  Senators Knudson, Hansen (Tom), Lintz, and Peterson (Jim) and Representatives Gillespie, Boomgarden, Dennert, Juhnke, Noem, Rhoden, Sigdestad, and Vanneman

     FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

     Was read the first time and referred to the Committee on Taxation.

     SB 118  Introduced by:  Senators Kloucek and Garnos and Representatives Gassman, Ahlers, Bradford, Halverson, Lucas, Moore, Sigdestad, Thompson, and Van Norman

     FOR AN ACT ENTITLED, An Act to establish a wind energy incentive payment program and to make an appropriation therefor.

     Was read the first time and referred to the Committee on State Affairs.

     SB 119  Introduced by:  Senators Kloucek, Hanson (Gary), and Turbak Berry and Representative Engels

     FOR AN ACT ENTITLED, An Act to prohibit insurers or adjusters from knowingly underestimating the value of an insurance claim and to establish a penalty.

     Was read the first time and referred to the Committee on Commerce.

     SB 120  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Hundstad, Jerstad, Katus, Koetzle, Maher, Peterson (Jim), Sutton, and Two Bulls and Representatives Engels, Ahlers, Bradford, Burg, Dennert, Elliott, Feinstein, Gassman, Gillespie, Glenski, Halverson, Hargens, Lucas, Miles, Moore, Sigdestad, Street, and Thompson

     FOR AN ACT ENTITLED, An Act to require that certain bond sales be competitive.

     Was read the first time and referred to the Committee on State Affairs.

     SB 121  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Jerstad, Katus, Maher, Peterson (Jim), and Two Bulls and Representatives Halverson, Ahlers, Bradford, and Engels

     FOR AN ACT ENTITLED, An Act to revise the definition of trans-state transmission facility.

     Was read the first time and referred to the Committee on State Affairs.

     SB 122  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Hundstad, Jerstad, Katus, Koetzle, Maher, Nesselhuf, Peterson (Jim), Sutton, Turbak Berry, and Two Bulls and Representatives Hargens, Ahlers, Bradford, Burg, Dennert, Elliott, Feinstein, Gassman, Gillespie, Halverson, Lucas, Miles, Moore, Sigdestad, Street, and Thompson

     FOR AN ACT ENTITLED, An Act to provide a legislative deadline for the adoption of the budget for the Department of Education.

     Was read the first time and referred to the Committee on Education.

     SB 123  Introduced by:  Senators Albers, Abdallah, Hansen (Tom), Hundstad, Kloucek, Koetzle, Lintz, Maher, McCracken, Schmidt (Dennis), and Smidt (Orville) and Representatives Vanneman, Boomgarden, Bradford, Brunner, Hackl, Halverson, Hills, Juhnke, Koistinen, Lucas, McLaughlin, Moore, Pederson (Gordon), Pitts, Steele, Thompson, Tidemann, Turbiville, and Vehle

     FOR AN ACT ENTITLED, An Act to provide for certain requirements for the sale and purchase of nonferrous metal property and to establish certain penalties.

     Was read the first time and referred to the Committee on Judiciary.

     SB 124  Introduced by:  Senators Albers, Hauge, and McCracken and Representatives Pitts, Kirkeby, and Lucas

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to format standards for real estate documents.

     Was read the first time and referred to the Committee on Commerce.

     SB 125  Introduced by:  Senator Olson (Ed) and Representative McLaughlin

     FOR AN ACT ENTITLED, An Act to allow school districts to share academic programs and facilities.

     Was read the first time and referred to the Committee on Education.


     SB 126  Introduced by:  Senators Olson (Ed), Dempster, Hanson (Gary), Heidepriem, Katus, Koetzle, McCracken, Nesselhuf, Schmidt (Dennis), Sutton, and Turbak Berry and Representatives Lust, Ahlers, Brunner, Cutler, Dreyer, Dykstra, Gilson, Gosch, Halverson, Howie, McLaughlin, Novstrup (David), Peters, Pitts, Rave, Tidemann, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue additional on-sale alcoholic beverage licenses and to compensate certain existing on-sale license holders.

     Was read the first time and referred to the Committee on State Affairs.

     SB 127  Introduced by:  Senators Olson (Ed) and Nesselhuf and Representatives Krebs and Faehn

     FOR AN ACT ENTITLED, An Act to provide for a sales tax holiday on certain tangible personal property for going back to school.

     Was read the first time and referred to the Committee on Taxation.

     SB 128  Introduced by:  Senators Dempster, Abdallah, Gray, and Koetzle and Representatives Cutler, Elliott, Noem, and Weems

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the modification of credit card agreements.

     Was read the first time and referred to the Committee on Commerce.

     SB 129  Introduced by:  Senators Dempster, Bartling, Garnos, Gray, Hansen (Tom), McCracken, and Sutton and Representatives Willadsen, Cutler, Dykstra, Elliott, Halverson, Miles, and Weems

     FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for group health policies.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 130  Introduced by:  Senators Dempster, Koetzle, and Olson (Ed) and Representatives Halverson, Elliott, Lucas, Moore, and Nelson

     FOR AN ACT ENTITLED, An Act to provide for a property tax levy to fund the health insurance benefits of school district employees and to create a school district health insurance fund.

     Was read the first time and referred to the Committee on Health and Human Services.


      SB 131  Introduced by:  Senators Gant, Albers, and Hansen (Tom) and Representatives Engels, Olson (Russell), and Rausch

     FOR AN ACT ENTITLED, An Act to provide for the maintenance and safeguarding of voter registration records.

     Was read the first time and referred to the Committee on Local Government.

     SB 132  Introduced by:  Senators Dempster, Bartling, Garnos, Gray, Hansen (Tom), Hunhoff, McCracken, Nesselhuf, and Sutton and Representatives Willadsen, Cutler, Dykstra, Elliott, Halverson, Miles, Rounds, and Weems

     FOR AN ACT ENTITLED, An Act to clarify provisions regarding the continuation of coverage after an employer ceases business operations.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 133  Introduced by:  Senators Duenwald, Abdallah, Albers, Gant, Garnos, Hansen (Tom), Hauge, Maher, McCracken, McNenny, Napoli, and Schmidt (Dennis) and Representatives Hunt, DeVries, Hackl, Juhnke, Kirkeby, Koistinen, Krebs, Lucas, Rausch, Steele, Turbiville, Wick, and Willadsen

     FOR AN ACT ENTITLED, An Act to require that any adult arrested for a qualifying offense provide a DNA sample.

     Was read the first time and referred to the Committee on Judiciary.

     SB 134  Introduced by:  Senators Duenwald, Hansen (Tom), Hanson (Gary), Hauge, Lintz, McNenny, Peterson (Jim), and Sutton and Representatives Vehle, Brunner, Deadrick, DeVries, Halverson, Hargens, Jerke, Nelson, Sigdestad, Tidemann, and Vanneman

     FOR AN ACT ENTITLED, An Act to increase the pesticide registration fee for use in programs related to pesticide recycling and disposal, to revise certain related provisions, and to declare an emergency.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 135  Introduced by:  Senators Gant, Hansen (Tom), and Schmidt (Dennis) and Representatives Weems, Olson (Russell), Peters, Rausch, and Wick

     FOR AN ACT ENTITLED, An Act to require that all statutorily mandated reports to the Legislature be provided in electronic form.

     Was read the first time and referred to the Committee on State Affairs.

     SB 136  Introduced by:  Senators Gant, Abdallah, Hauge, Schmidt (Dennis), and Turbak Berry and Representatives Buckingham, Brunner, Cutler, Rausch, and Weems

     FOR AN ACT ENTITLED, An Act to require convicted sex offenders to register their online identifiers, to allow limited release of online identifier information in the sex offender registry to certain communications service entities, and to provide penalties to violations thereof.

     Was read the first time and referred to the Committee on Judiciary.

     SB 137  Introduced by:  Senators Knudson, Hansen (Tom), Hauge, Hunhoff, and Olson (Ed) and Representatives Peters, Deadrick, Dykstra, Van Etten, and Willadsen

     FOR AN ACT ENTITLED, An Act to identify medical expenses recoverable in personal injury actions.

     Was read the first time and referred to the Committee on Judiciary.

     SB 138  Introduced by:  Senators Kloucek and Katus and Representatives Nygaard, Engels, Feinstein, Gassman, and Thompson

     FOR AN ACT ENTITLED, An Act to require financial assurances for certain petroleum pipeline operations for the remediation of potential environmental damage and to declare an emergency.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 139  Introduced by:  Senators Turbak Berry, Albers, Hoerth, Koetzle, and Lintz and Representatives Faehn, Koistinen, and Rave

     FOR AN ACT ENTITLED, An Act to revise the definition for authorized emergency vehicles.

     Was read the first time and referred to the Committee on Transportation.

     SB 140  Introduced by:  Senators Gray, Greenfield, Lintz, Maher, and Napoli and Representatives Pederson (Gordon), Haverly, and Pitts

     FOR AN ACT ENTITLED, An Act to revise the application requirements for property tax exemptions provided for dwellings owned and occupied by disabled veterans.


     Was read the first time and referred to the Committee on Taxation.

     SB 141  Introduced by:  Senators Gray, Abdallah, Garnos, Greenfield, Hunhoff, and Maher and Representatives Buckingham, Haverly, Olson (Betty), and Pitts

     FOR AN ACT ENTITLED, An Act to prohibit certain acts of sexual penetration and contact between high school employees and students and to provide penalties therefor.

     Was read the first time and referred to the Committee on Judiciary.

     SB 142  Introduced by:  Senators Gray and Greenfield and Representative Rounds

     FOR AN ACT ENTITLED, An Act to repeal certain outdated statutes relating to the Board of Regents.

     Was read the first time and referred to the Committee on Education.

     SB 143  Introduced by:  Senators Gray, Bartling, Dempster, Hanson (Gary), McCracken, and Nesselhuf and Representatives Faehn, Brunner, Hargens, Miles, and Rave

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding collection and administration of the 911 emergency surcharge and operation of 911 services.

     Was read the first time and referred to the Committee on State Affairs.

     SB 144  Introduced by:  Senators Gant, Abdallah, Hauge, Schmidt (Dennis), and Turbak Berry and Representatives Buckingham, Brunner, Cutler, Rausch, and Weems

     FOR AN ACT ENTITLED, An Act to prohibit age misrepresentation with intent to solicit a minor and to provide a penalty therefor.

     Was read the first time and referred to the Committee on Judiciary.

     SB 145  Introduced by:  Senators Koetzle, Bartling, Hanson (Gary), Heidepriem, Hoerth, Katus, Peterson (Jim), Turbak Berry, and Two Bulls and Representatives Lucas, Bradford, Burg, Dennert, Elliott, Engels, Gassman, Halverson, Hargens, Miles, Sigdestad, Thompson, and Van Norman

     FOR AN ACT ENTITLED, An Act to revise the definition of an opportunity wage for the purposes of the minimum wage requirement.

     Was read the first time and referred to the Committee on Commerce.


      SB 146  Introduced by:  Senators Koetzle, Heidepriem, Hoerth, Jerstad, Katus, Kloucek, Turbak Berry, and Two Bulls and Representatives Lucas, Bradford, Burg, Cutler, Dennert, Elliott, Engels, Gassman, Glenski, Halverson, Hargens, Miles, Nygaard, Thompson, and Van Norman

     FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the minimum wage for tipped employees.

     Was read the first time and referred to the Committee on Commerce.

     SB 147  Introduced by:  Senators Hunhoff, Abdallah, Dempster, Hansen (Tom), Knudson, and Smidt (Orville) and Representatives Van Etten, Ahlers, Cutler, Glenski, Hills, and Willadsen

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the enforcement of seat belt laws.

     Was read the first time and referred to the Committee on Transportation.

     SB 148  Introduced by:  The Committee on State Affairs at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to provide for a tax incentive for fuel blended with biodiesel.

     Was read the first time and referred to the Committee on State Affairs.

     SB 149  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Hundstad, Jerstad, Kloucek, Koetzle, Maher, Nesselhuf, Peterson (Jim), Turbak Berry, and Two Bulls and Representatives Gillespie, Ahlers, Burg, Dennert, and Halverson

     FOR AN ACT ENTITLED, An Act to increase general funding for school districts, to impose a temporary limit on the growth of state general fund spending, and to suspend the transfer of moneys from the general fund to the budget reserve fund and to the property tax reduction fund.

     Was read the first time and referred to the Committee on Education.

     SB 150  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hoerth, Hundstad, Jerstad, Kloucek, Koetzle, Maher, Nesselhuf, Peterson (Jim), Turbak Berry, and Two Bulls and Representatives Gillespie, Ahlers, Burg, Dennert, and Halverson

     FOR AN ACT ENTITLED, An Act to increase general funding for schools, to impose a temporary limit on the growth of state general fund spending, to suspend the transfer of moneys

from the general fund to the budget reserve fund and to the property tax reduction fund, to provide funding for the postsecondary technical institutes, to provide for the modernization of science facilities and laboratories at public universities, to make an appropriation therefor, and to declare an emergency.

     Was read the first time and referred to the Committee on Education.

     SB 151  Introduced by:  Senators Hansen (Tom), Abdallah, Albers, Koetzle, Lintz, McCracken, Napoli, and Schmidt (Dennis) and Representatives Cutler, Brunner, Dennert, Elliott, Halverson, Moore, Novstrup (Al), and Novstrup (David)

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the purchase price and determining just compensation for electric facilities in areas annexed by municipalities.

     Was read the first time and referred to the Committee on Local Government.

     SB 152  Introduced by:  Senators Hansen (Tom), Duenwald, Lintz, Maher, Peterson (Jim), and Sutton and Representatives Juhnke, Ahlers, Boomgarden, Brunner, Burg, DeVries, Gassman, Jerke, Kirkeby, Lust, Putnam, and Turbiville

     FOR AN ACT ENTITLED, An Act to increase the biennial pesticide registration fee and to revise its allocation for the weed and pest fund.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1001: FOR AN ACT ENTITLED, An Act to provide for a jury trial in forfeiture proceedings.

     Was read the first time and referred to the Committee on Judiciary.

     HB 1002: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding labor and employment and the Department of Labor.

     Was read the first time and referred to the Committee on Commerce.

     HB 1003: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding unemployment compensation.


     Was read the first time and referred to the Committee on Commerce.

     HB 1004: FOR AN ACT ENTITLED, An Act to revise the style and form of certain provisions and to delete certain obsolete provisions regarding workers' compensation.

     Was read the first time and referred to the Committee on Commerce.

     HB 1015: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Mobridge National Guard Armory to the city of Mobridge.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1031: FOR AN ACT ENTITLED, An Act to revise the definition of injury for the purposes of workers' compensation cases.

     Was read the first time and referred to the Committee on Commerce.

     HB 1041: FOR AN ACT ENTITLED, An Act to provide a preference for the procurement of biobased products.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1055: FOR AN ACT ENTITLED, An Act to revise the penalty for leaving the brand inspection area without a brand inspection.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Gant requested that SB 54 be removed from the Consent Calendar.

     SB 6: FOR AN ACT ENTITLED, An Act to revise certain provisions to allow the transfer of ownership of an application to appropriate water.

     Was read the second time.

     The question being "Shall SB 6 pass?"

     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 Berry; Two Bulls

     Excused:
Olson (Ed)

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

     SB 12: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     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 Berry; Two Bulls

     Excused:
Olson (Ed)

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

     SB 15: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding an electronic vehicle title.

     Was read the second time.

     The question being "Shall SB 15 pass?"

     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 Berry; Two Bulls

     Excused:
Olson (Ed)

     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.

     SB 19: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the duties of the executive director of the South Dakota Science and Technology Authority.

     Was read the second time.

     The question being "Shall SB 19 pass?"

     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 Berry; Two Bulls

     Excused:
Olson (Ed)

     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.

     SB 30: FOR AN ACT ENTITLED, An Act to revise the minimum fire safety standards for specialty resorts.

     Was read the second time.

     The question being "Shall SB 30 pass?"

     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 Berry; Two Bulls

     Excused:
Olson (Ed)

     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.

     SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension, implementation, and refund of electric or natural gas rates.

     Was read the second time.

     The question being "Shall SB 39 pass?"

     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 Berry; Two Bulls

     Excused:
Olson (Ed)

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 1: FOR AN ACT ENTITLED, An Act to provide for nomination and election when a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances.

     Was read the second time.

     The question being "Shall SB 1 pass?"

     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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Koetzle

     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.

     SB 2: FOR AN ACT ENTITLED, An Act to prohibit public access to birth dates of voters contained in the master voter registration file.

     Was read the second time.

2ja
     Sen. McNenny moved that SB 2 be amended as follows:

    On page 1, line 9, of the Senate Local Government Committee engrossed bill, overstrike "restricted" and insert " prohibited ".

     Which motion prevailed.

     The question being "Shall SB 2 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Kloucek

     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.

     SB 3: FOR AN ACT ENTITLED, An Act to revise certain procedures concerning elections for special districts and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 3 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 Berry; 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.

     SB 9: FOR AN ACT ENTITLED, An Act to provide for the disposal of state surplus property.

     Was read the second time.

     The question being "Shall SB 9 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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 Berry; Two Bulls

     Excused:
Abdallah

     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.


      SB 10: FOR AN ACT ENTITLED, An Act to include Dakota and Nakota with certain requirements for instruction in the Lakota language.

     Was read the second time.

     Sen. Apa requested a fiscal note on SB 10.

     Which request was supported.

     SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a minor's driving privileges.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

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

     Nays:
Kloucek; Maher

     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.

     SB 31: FOR AN ACT ENTITLED, An Act to provide for certification of chiropractic assistants.

     Was read the second time.

     The question being "Shall SB 31 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Napoli; Schmidt (Dennis)

     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.

     SB 32: FOR AN ACT ENTITLED, An Act to establish a separate licensure category for vacation home establishments and to require vacation home establishments to meet minimum fire safety standards.

     Was read the second time.

     The question being "Shall SB 32 pass?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

     Yeas:
Albers; Dempster; Gant; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Knudson; Lintz; McCracken; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Abdallah; Apa; Bartling; Duenwald; Garnos; Greenfield; Hauge; Hunhoff; Koetzle; Maher; McNenny; Napoli; Peterson (Jim); Schmidt (Dennis); 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.

     SB 43: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the siting of energy facilities.

     Was read the second time.

43ra
     Sen. Heidepriem moved that SB 43 be amended as follows:


    On page 2, line 2, of the printed bill, delete " two weeks " and insert " thirty days ".


     Which motion prevailed.

     The question being "Shall SB 43 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Kloucek

     Excused:
Abdallah

     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.

     SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota opportunity scholarship program.

     Was read the second time.

     Sen. Apa requested a fiscal note on SB 59.

     Which request was supported.

     Sen. Gant moved that the Senate do now adjourn, which motion prevailed and at 3:48 p.m. the Senate adjourned.

Trudy Evenstad, Secretary