JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



THIRTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 25, 2008

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

     The prayer was offered by the Chaplain, Rev. Diane Jackson, followed by the Pledge of Allegiance led by Senate page Rachel Olsen.

     Roll Call: All members present except Sens. Napoli and Peterson who were excused.

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 twenty-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.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1291, which was reconsidered, which was deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 2, 3, 6, 10, 14, 15, 18, 21, 25, 31, 32, 34, 36, 38, 41, 42, 43, 45, 51, 63, 64, 65, 68, 69, 82, 83, 88, 100, 133, 139, 140, 155, 163, 199, 200, and 202 were delivered to his Excellency, the Governor, for his approval at 8:22 a.m., February 25, 2008.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 7, 13, 22, 24, 28, 29, 37, 40, 47, 48, 49, 55, 77, 87, 93, 109, 114, 128, 132, 148, 156, 158, and 177 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 25, 2008.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SB 112 which has 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 concur in Senate amendments to HB 1080 and has appointed Reps. Putnam, Rausch, and Moore 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.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1294 and has appointed Reps. Faehn, Jerke, and Miles 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.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1083 and has appointed Reps. Tidemann, Pederson (Gordon), and Burg 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.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1008 and 1009 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SCR 7 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Gant moved that the Committee on State Affairs be instructed to deliver HB 1233 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

     Sen. Greenfield moved that the Committee on Commerce be instructed to deliver HB 1265 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

     SCR 14  Introduced by:  Senators Hundstad, Apa, Bartling, Gray, Greenfield, Hoerth, Hunhoff, Maher, and Smidt (Orville) and Representatives Elliott, Burg, and Dennert

         A CONCURRENT RESOLUTION,  Requesting the Governor, the Commissioner of School and Public Lands, the Department of Game, Fish and Parks, and the Department of Environment and Natural Resources to develop a system of managing and maintaining the state-owned dams.

     WHEREAS,  there are one hundred eighty-two state-owned dams throughout the State of South Dakota, built in the 1930s and 1940s by the Works Progress Administration (WPA) or Civilian Conservation Corps. Eighty-four of these dams are currently managed by the Department of Game, Fish and Parks and ninety-eight of these dams are currently managed by the commissioner of School and Public Lands; and

     WHEREAS,  there is a system that provides for the inspection of the state-owned dams and ranks their risk. However, there is no dedicated state funding source for the management, improvement, repair, or maintenance of the state-owned dams; and

     WHEREAS,  the current system of state ownership of dams is dysfunctional and confusing. There is a lack of information on the status of the state-owned dams for the stake holders in the area of the dams. There is no mechanism or funding alternative for the stake holders to pursue to improve, repair, and maintain the dams; and

     WHEREAS,  landowners, lake residents, downstream landowners, townships, municipalities, counties, and many others have a major stake in the safety and condition of the dams in their areas; and

     WHEREAS,  there is a need to significantly improve the current defective system of state- owned dams:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the Governor, the Commissioner of School and Public Lands, the Department of Game, Fish and Parks, and the Department of Environment and Natural Resources to work together to develop a system of managing the state-owned dams, evaluate their risks, and communicate the risks to those in the area of each dam; and

     BE IT FURTHER RESOLVED,  that the Governor, the Commissioner of School and Public Lands, the Department of Game, Fish and Parks, and the Department of Environment and Natural Resources determine the amount of annual funding needed to address the management, improvement, repair, and maintenance of the state-owned dams and the source of funding for such purposes; and

     BE IT FURTHER RESOLVED,  that the Governor, the Commissioner of School and Public Lands, the Department of Game, Fish and Parks, and the Department of Environment and Natural Resources report their recommendations to the 2009 Legislature for action and implementation to establish a system for the state-owned dams.
     Was read the first time, the President waived the referral to committee, and placed SCR 14 on the calendar of Tuesday, February 26, the 31st legislative day.

     SCR 15  Introduced by:  Senators Kloucek, Greenfield, Hoerth, Koetzle, Maher, McNenny, and Schmidt (Dennis) and Representatives Putnam, Gassman, Jerke, Nygaard, and Olson (Betty)

         A CONCURRENT RESOLUTION,  Urging Congress to oppose efforts to restrict the harvest, processing, transportation, and export of horses.

     WHEREAS,  in recent years, the slaughter and processing of horses has become a controversial and emotional issue which has resulted in the recent closing of the last horse processing and slaughter facility in the United States; and

     WHEREAS,  animal activists are attempting to prohibit the transportation of horses for export to slaughter and processing facilities in Mexico and Canada, resulting in the introduction in Congress of S.311 and H.R.503. This legislation would amend the 1970 Horse Protection Act to prohibit the possession, sale, or transport of horses for the purpose of slaughter for human consumption; and

     WHEREAS,  the Horse Welfare Coalition estimates that nearly 100,000 unwanted horses annually will be exposed to potential abandonment and neglect because of the cessation of horse slaughter in the United States, and efforts to prohibit the transport and export of horses for slaughter purposes can only exacerbate this problem; and

     WHEREAS,  these additional unwanted horses each year will compete for adoption with the 32,000 wild horses that are currently fed and sheltered at public expense at a cost of $40 million; and

     WHEREAS,  the nation's inadequate and overburdened horse rescue and adoption facilities cannot begin to handle the influx of additional unwanted and abandoned horses each year that will result from the cessation of equine slaughter, processing, and transport activity; and

     WHEREAS,  in the United States the harvest of animals under federal inspection is highly regulated to provide for humane handling of the animals as well as for a safe and wholesome product. Horse processing in the United States has been the most tightly regulated of any animal harvest, and the horse is the only animal whose transportation to processing was regulated; and

     WHEREAS,  horse processing plants in the United States are required to have United Stated Department of Agriculture (USDA) veterinarians supervise the euthanasia of each horse. Euthanasia occurs before processing, and the euthanasia method is humane, according to the American Veterinary Medical Association and the United States Department of Agriculture; and

     WHEREAS,  the USDA estimates that 35,000 horses were sent to Canada for slaughter in 2007, an approximate forty-one percent increase from the previous year, while horse slaughter exports to Mexico have more than tripled, a likely result of the closure of slaughter and processing plants in the United States. Equine slaughter in many foreign facilities is not held to

the standards for humane handling and euthanasia required in the U.S. and often involves practices that would not be tolerated in this country; and

     WHEREAS,  in many cultures around the world horsemeat is commonly used for human consumption, and there is a significant export market for this product. Cessation of equine slaughter in the United States will not prevent human consumption horses; and

     WHEREAS,  another important use of horsemeat is in diets for many zoo animals. Equine protein mimics what the animal would receive in the wild. The closure of horse processing facilities in the U.S. will eliminate the only USDA-inspected source for this meat; and

     WHEREAS,  there is a critical need for humane horse processing facilities in the United States to reduce the suffering inflicted on unwanted and abandoned horses and to meet overseas export markets for horsemeat in a humane manner; and

     WHEREAS,  the people of South Dakota have a strong agricultural economy and culture and do not believe in inflicting our cultural values onto other societies:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature urges the United States Congress to support the resumption of horse processing in the United States and to offer incentives that help create horse processing plants throughout the United States; and

     BE IT FURTHER RESOLVED,  that the Legislature strongly urges Congress to oppose S. 311 and H.R. 503 and any efforts to restrict equine slaughter or the transportation of horses for such purposes.

     Was read the first time, the President waived the referral to committee, and placed SCR 15 on the calendar of Tuesday, February 26, the 31st legislative day.

     HCR 1008: A CONCURRENT RESOLUTION, Urging Congress not to impose any new performance fees, taxes, royalties, or other charges relating to the public performance of sound recordings on local radio stations and to support the Local Radio Freedom Act.

     Was read the first time, the President waived the referral to committee, and placed HCR 1008 on the calendar of Tuesday, February 26, the 31st legislative day.

     HCR 1009: A CONCURRENT RESOLUTION, Supporting full funding, at the federal level, for immigration and custom enforcement officers for the detention of persons who have been determined to be in South Dakota illegally and have been reported to them by local law enforcement officers.

     Was read the first time, the President waived the referral to committee, and placed HCR 1009 on the calendar of Tuesday, February 26, the 31st legislative day.


      HCR 1006: A CONCURRENT RESOLUTION,  Urging that the delisting of gray wolves as a threatened or endangered species be extended to include all parts of South Dakota.

    Was read the second time.

     Sen. Lintz moved that the Senate do concur in HCR 1006 as found on page 607 of the House Journal.

     The question being on Sen. Lintz's motion that the Senate do concur in HCR 1006.

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, Absent 0

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

     Nays:
Jerstad; Two Bulls

     Excused:
Napoli; Peterson (Jim)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1006 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Judiciary on HB 1061 as found on page 615 of the Senate Journal ; also

     Taxation on HB 1120 as found on page 606 of the Senate Journal ; also

     Appropriations on HB 1248 as found on page 606 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1271: FOR AN ACT ENTITLED, An Act to abolish the doctrine of abatement ab initio of a criminal proceeding and to provide for the posthumous sentencing of certain criminal defendants.

     Was read the second time.

     The question being "Shall HB 1271 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

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

     HB 1302: FOR AN ACT ENTITLED, An Act to establish notification requirements for certain relatives of children in the custody of the Department of Social Services.

     Was read the second time.

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

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that HB 1047, 1069, 1087, 1085, 1242, 1124, 1132, 1224, 1226, 1227, 1263, 1279, 1283, 1300, and 1320 be deferred to Tuesday, February 26, the 31st legislative day.

     Which motion prevailed.

     HB 1100: FOR AN ACT ENTITLED, An Act to create a rebuttable presumption against the award of custody to any person with a proven history of domestic abuse.

     Was read the second time.

     The question being "Shall HB 1100 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 2, Excused 2, 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; Nesselhuf; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

     Nays:
Koetzle; Turbak Berry

     Excused:
Napoli; Peterson (Jim)

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

     HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

     Was read the second time.

1107fa
     Sen. Gant moved that HB 1107 be further amended as follows:

     On page 16 of the Senate State Affairs Committee engrossed bill, delete lines 5 to 11, inclusive.

     Which motion prevailed.

     The question being "Shall HB 1107 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

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

     HB 1251: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire land for the Higher Education Center_West River.

     Was read the second time.

     The question being "Shall HB 1251 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 16, Excused 2, Absent 0

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

     Nays:
Abdallah; Bartling; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Koetzle; Maher; Nesselhuf; Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

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

     Sen. McCracken announced his intention to reconsider the vote by which HB 1251 lost.

     HB 1314: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell and convey real and personal property located at the Spring Creek Recreation Area and to declare an emergency.

     Was read the second time.

     The question being "Shall HB 1314 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

     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 1016: FOR AN ACT ENTITLED, An Act to establish a new system of funding for the postsecondary technical institutes.

     Was read the second time.

1016me
     Sen. Orville Smidt moved that HB 1016 be further amended as follows:

     On page 1, line 7, of the Senate Education Committee engrossed bill, delete "2009" and insert "2010".

     On page 1, line 8, delete "2008" and insert "2009".

     Which motion prevailed.

     The question being "Shall HB 1016 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

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

     Earlier today, Sen. McCracken announced his intention to reconsider the vote by which HB 1251 lost.

     Sen. McCracken moved that the Senate do now reconsider the vote by which HB 1251 lost and that HB 1251 be placed on the calendar of Tuesday, February 26, the 31st legislative day.

     The question being on Sen. McCracken's motion to reconsider the vote by which HB 1251 lost and that HB 1251 be placed on the calendar of Tuesday, February 26, the 31st legislative day.

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

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

     Nays:
Bartling; Hanson (Gary); Hundstad; Jerstad; Koetzle; Maher; Sutton; Two Bulls

     Excused:
Napoli; Peterson (Jim)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1251 was placed on the calendar of Tuesday, February 26, the 31st legislative day.

     HB 1313: FOR AN ACT ENTITLED, An Act to prohibit the use of certain electronic communication devices to communicate threats and harassment and to provide a penalty therefor.

     Was read the second time.

     The question being "Shall HB 1313 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Napoli; Peterson (Jim)

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

ANNOUNCEMENTS

     The President announced Sens. Orville Smidt, Apa, and Bartling 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 1080.

     The President announced Sens. Orville Smidt, Apa, and Bartling 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 1083.

     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 44, 84, 111, and 124 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the Report of the Conference Committee on HB 1064.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that SB 107 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1233, which was reconsidered, and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair
Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1265, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Royal "Mac" McCracken, Chair

COMMEMORATIONS

     SC 20  Introduced by:  The Members of the Eighty-Third Legislative Session

         A LEGISLATIVE COMMEMORATION,  Commending Joanie Johnson on her outstanding service to the South Dakota Legislature.

     WHEREAS,  Joanie Johnson was born May 25, 1931, in Yankton, South Dakota, where she grew up and graduated from Yankton High School in 1949 and then attended Briar Cliff College; and

     WHEREAS,  Joanie married Bill Johnson on June 3, 1951, moved to Pierre in 1963, and is the proud and loving matriarch of a family with four children, twelve grandchildren, and six great-grandchildren; and

     WHEREAS,  Joanie worked for the Legislature for twenty-eight years starting in the Engrossing and Enrolling Office (E&E), typing bills and amendments on a manual typewriter with carbon paper. Each document had to be in triplicate with no errors. Joanie eventually became the Assistant Chief of E&E; and

     WHEREAS,  Joanie has served as the second assistant to the secretary of the Senate since 1987, keeping track of all the Senate bills. In this position she has been the "keeper of the gavel" for four different Lieutenant Governors:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that Joanie Johnson be commended on her twenty-eight years of outstanding service to the South Dakota Legislature and specifically for her last twenty-one years of service to the South Dakota Senate.

     SC 21  Introduced by:  Senators Kloucek, Albers, Greenfield, Hoerth, Koetzle, Maher, McNenny, Schmidt (Dennis), Smidt (Orville), and Two Bulls and Representatives Putnam, Buckingham, Dykstra, Elliott, Gassman, Howie, Jerke, McLaughlin, Moore, Nygaard, and Olson (Betty)

         A LEGISLATIVE COMMEMORATION,  Honoring the Patriot Guard Riders of South Dakota and their unwavering respect for those who risk their lives for America's freedom and security.

     WHEREAS,  the Patriot Guard Riders' main mission is to attend the funeral services of fallen American heroes including veterans, policemen, and firefighters; to show their respects; and to shield the mourning families from any interruptions created by protestors; and

     WHEREAS,  the Patriot Guard Riders' motto is "Standing for Those Who Stood for US" and "Riding with Respect"; and

     WHEREAS,  the Patriot Guard Riders have developed a sincere commitment to their community as well as their country. Their activities include flag lines when soldiers come home, volunteering at the VA hospitals and the State Veterans Home, building homes for soldiers, and attending the Old Glory's Journey of the Remembrance at the Black Hills National Cemetery; and

     WHEREAS,  members of the Patriot Guard Riders, who are not only riders and veterans but also come from all walks of life, try to attend as many missions as possible regardless of the situation; and

     WHEREAS,  the leaders of the Patriot Guard Riders of South Dakota have an unwavering commitment to their organization, their members, and their mission. The South Dakota leaders include High Plains Regional Captain Lance Bultena; South Dakota State Captain Tom Wright; Assistant State Captain Jim Lentsch; Ride Captain Gary Miller; Ride Captain Gary Saxhaug; Ride Captain Glen Tally; Ride Captain Jon Messerschmidt; Ride Captain Jeff Anderson; Ride Captain Ed Kruse; Red, White, and Blue Coordinator Jon Messerschmidt; Help on the Homefront Coordinator Cleta Lentsch; Assistant HOTH Coordinator Pat Baird; and Assistant HOTH Coordinator Annette Kruse:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Patriot Guard Riders of South Dakota be honored for their selfless contributions to the fallen heroes of South Dakota and their steadfast commitment to their communities and state.

SIGNING OF BILLS

     The President publicly read the title to

     SB 44: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the licensing and regulation of grain dealers and buyers.

     SB 84: FOR AN ACT ENTITLED, An Act to  revise certain miscellaneous provisions of the trust statutes.

     SB 111: FOR AN ACT ENTITLED, An Act to  extend the prohibition of road hunting of big game to include hunting using certain additional weapons.

     SB 124: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to format standards for real estate documents.

     HB 1151: FOR AN ACT ENTITLED, An Act to  regulate the location and hours of operation of adult oriented businesses.

     HB 1157: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the residency or military presence of parties in divorce or separate maintenance proceedings.

     HB 1163: FOR AN ACT ENTITLED, An Act to  increase the duration of juvenile diversion programs.

     HB 1173: FOR AN ACT ENTITLED, An Act to  revise certain provisions pertaining to the effect of suspended impositions of sentence on parole eligibility of certain offenders.

     HB 1201: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the placement or return of abused or neglected children.

     HB 1238: FOR AN ACT ENTITLED, An Act to  revise the limitation period for commencing child abuse prosecutions.

     HB 1239: FOR AN ACT ENTITLED, An Act to  permit persons convicted of driving under the influence to operate a vehicle for 24/7 sobriety testing and to declare an emergency.

     HB 1245: FOR AN ACT ENTITLED, An Act to  revise the boundaries of the Central Plains, East Dakota, James River, and South Central water development districts, and to revise provisions related to the board of directors in the affected districts.

     HB 1255: FOR AN ACT ENTITLED, An Act to  provide for the titling and registration of certain low-speed vehicles.

     HB 1272: FOR AN ACT ENTITLED, An Act to  revise the defined sources of renewable electricity and recycled energy.

     HB 1318: FOR AN ACT ENTITLED, An Act to  provide options for those who elect continuation of health insurance.

     And signed the same in the presence of the Senate.

     Sen. Turbak Berry moved that the Senate do now adjourn, which motion prevailed and at 3:45 p.m. the Senate adjourned.

Trudy Evenstad, Secretary