JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



THIRTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 27, 2008

     The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Harvey Friez, followed by the Pledge of Allegiance led by Senate page Andrea Hollatz.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

     The President announced Sens. Gray, Gant, and Heidepriem as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1294.

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1080 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Appropriations engrossed version.

Respectfully submitted,                             Respectfully submitted,
J.E. "Jim" Putnam                                Orville Smidt
House Committee Chair                            Senate Committee Chair

Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered HB 1083 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that all Senate amendments be deleted, thus restoring the bill to the House Appropriations engrossed version.

Respectfully submitted,                             Respectfully submitted,
Larry Tidemann                                    Orville Smidt
House Committee Chair                            Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SCR 13 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 41, 116, 153, 174, 182, and SJR 1 which have passed the House without change.


 Also MR. PRESIDENT:

     I have the honor to return herewith SB 27, 54, 123, 126, 134, 143, 172, 186, 187, 190, and 201 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1010: A CONCURRENT RESOLUTION, Supporting the "25 by 25" Initiative and promoting the increased production of renewable energy by the agricultural community.

    Was read the second time.

     Sen. Dempster moved that the Senate do concur in HCR 1010 as found on page 700 of the House Journal.

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

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, Absent 0

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

     Nays:
Hansen (Tom); McNenny; Olson (Ed)

     Excused:
Abdallah; Apa

     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.

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

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

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Jerstad; Koetzle

     Excused:
Apa

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

     Sen. Lintz moved that the Senate do concur in House amendments to SB 162.

     The question being on Sen. Lintz's motion that the Senate do concur in House amendments to SB 162.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Two Bulls

     Excused:
Apa; Hundstad

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

     Sen. Hunhoff moved that the Senate do not concur in House amendments to SB 176 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.


     Which motion prevailed and the President announced as such committee Sens. Hunhoff, Gray, and Bartling.

     Sen. Knudson moved that the Senate do concur in House amendments to SB 180.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 180.

     And the roll being called:

     Yeas 33, Nays 1, 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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Koetzle

     Excused:
Apa

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

     Sen. Dempster moved that the Senate do concur in House amendments to SB 188.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 188.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Greenfield; Napoli

     Excused:
Apa

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

     Sen. Gray moved that the Senate do concur in House amendments to SB 192.

     The question being on Sen. Gray's motion that the Senate do concur in House amendments to SB 192.

     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 the amendments were concurred in.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

     Sen. McCracken moved that the report of the Conference Committee on HB 1037 as found on page 638 of the Senate Journal be adopted.

     The question being on Sen. McCracken's motion that the report of the Conference Committee on HB 1037 be adopted.

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent 0

     Yeas:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Smidt (Orville)

     Nays:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry; Two Bulls

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

     Sen. Knudson moved that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1037.

     Which motion prevailed.

     Sen. Gary Hanson moved that the report of the Conference Committee on HB 1293 as found on page 638 of the Senate Journal be adopted.

     The question being on Sen. Hanson's motion that the report of the Conference Committee on HB 1293 be adopted.

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0

     Yeas:
Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Nesselhuf; Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Abdallah; Albers; Apa; Bartling; Greenfield; Hauge; Hundstad; Hunhoff; Jerstad; Napoli; Olson (Ed); Schmidt (Dennis); Two Bulls

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

     Sen. Heidepriem moved that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1293.

     Which motion prevailed.

     Sen. Knudson moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 11:46 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 1:04 p.m., the President presiding.
ANNOUNCEMENTS

     The President announced Sens. McCracken, Dempster, and Turbak Berry as a new 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 1037.

     The President announced Sens. Lintz, Duenwald, and Gary Hanson as a new 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 1293.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1279: FOR AN ACT ENTITLED, An Act to align math and science education with South Dakota's historic and unique scientific opportunities, to direct the Department of Education to initiate Project Lead the Way, to develop a clearinghouse for certain educational opportunities, and to provide for an independent analysis of the state's content standards, and to make an appropriation therefor, and to require the Department of Education to develop a framework for a high school for the twenty-first century, and to require high schools to report on activities and results relative to that framework.

     Was read the second time.

     The question being "Shall HB 1279 pass as amended?"

     And the roll being called:

     Yeas 6, Nays 29, Excused 0, Absent 0

     Yeas:
Albers; Duenwald; Gray; Hansen (Tom); Knudson; Smidt (Orville)

     Nays:
Abdallah; Apa; Bartling; Dempster; Gant; Garnos; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak Berry; 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.

     HB 1076: FOR AN ACT ENTITLED, An Act to revise the funding for K-12 education.

     Was read the second time.


1076ra
     Sen. Albers moved that HB 1076 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

     "Section 1. That § 13-6-97 be amended to read as follows:

     13-6-97.   Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district that contracts with a school district in another state pursuant to § 13-15-11 to provide for the education of children in grades seven through twelve who reside within the district, that receives no foundation program state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in an adjoining school district in the state. In addition, the provisions of this section do not apply to any school district that contracts with a school district in another state pursuant to §  13-15-11 to provide for the education of all its resident children if the schools in the school district in the other state that the resident children attend are no more than fifteen miles from the border of the resident school district. "


     Which motion prevailed.

     The question being "Shall HB 1076 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Abdallah; Knudson

     Excused:
Apa

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

     The question being on the title.

1076rta
     Sen. Albers moved that the title to HB 1076 be amended as follows:

     On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "exempt certain school districts from the requirement to reorganize due to low enrollment."

     Which motion prevailed.

     HB 1300: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts.

     Was read the second time.

1300ce
     Sen. Knudson moved that HB 1300 be further amended as follows:

     On page 4, after line 9 of the Senate Education Committee engrossed bill, insert:

    "Section 4. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

                 (4)      "Per student allocation," for school fiscal year 2008 2009 is $4,528.80 $4,700.89 . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

         Section 5. For school fiscal year 2009, for any school district that does not certify to the secretary of education that its average teacher salary and benefits will increase by at least 3.8 percent, and that it will spend at least $58.87 per fall enrollment as defined in subdivision 13- 13-10.1(2A) on teacher salaries and benefits in excess of the school district's FY 2008 expenditures on teacher salaries and benefits, increased by the index factor as defined in subdivision 13-13-10.1(3), the per student allocation pursuant to subdivision 13-13-10.1(4) is $4,642.02.

         Section 6. The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certifications required in section 5 of this Act."

1300cd
     Sen. Sutton moved as a substitute motion that HB 1300 be further amended as follows:

    On the Senate Education Committee engrossed bill, delete everything after the enacting clause and insert:

     "Section 1. That § 13-6-18 be amended to read as follows:

     13-6-18.   Upon receipt of a proposed plan, the secretary of the Department of Education shall review the plan and compare its features with the requirements for school district reorganization as provided in § 13-6-4. The secretary of the Department of Education may call a hearing on the proposal, or request additional information as deemed necessary before his approval or disapproval. He The secretary shall , within thirty days of receiving the proposed plan, notify in writing the school boards of the school districts and boards of county commissioners affected that the proposal is found, or is not found, to be in compliance with the requirements for school district reorganization and the standards and rules adopted by the South Dakota board of education.

         The secretary of the Department of Education may deny approval of a plan when in the superintendent's secretary's judgment the proposed district does not contain enough valuation or enrollment to provide an adequate educational program.

         Section 2. That § 13-6-48 be amended to read as follows:

     13-6-48.   The secretary of the Department of Education shall notify all school boards of each district included in the plan and boards of county commissioners affected if such plan has been approved or rejected by the voters. If the plan was approved by the voters, the secretary of the Department of Education shall , within fourteen days of the election at which the voters approved the plan, issue his order to give effect to such plan. The order shall contain a description of the boundary of each school district, the date that the district shall become operative, the number of school board members to be elected and the county of jurisdiction as provided in § 13-5-14.

         Section 3. That § 13-6-92 be amended to read as follows:

     13-6-92.   If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional three hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional two hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2001 and prior to on or before July 1, 2007, the new school district is entitled to an additional one hundred dollars per average daily membership as defined in § 13-13-10.1, up to a maximum of four hundred average daily membership from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation.

         If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional six hundred dollars per fall enrollment as defined in § 13-13-10.1, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the first year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school

district is entitled to an additional four hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the second year after consolidation. If two or more school districts consolidate after July 1, 2007, the new school district is entitled to an additional two hundred dollars per fall enrollment, up to a maximum of four hundred fall enrollment from each school district or a prorated portion thereof from a partial school district as it existed prior to consolidation for the third year after consolidation. However, if as a result of any consolidation after July 1, 2007, a total of no more than twenty-five students are sent to a school district other than the one in which they resided prior to the consolidation, each new or remaining school district is entitled to the additional payments per fall enrollment provided in this section for the first three years after the consolidation, but only on a fall enrollment of twenty-five.

         Section 4. That subdivision (4) of § 13-13-10.1 be amended to read as follows:

                 (4)      "Per student allocation," for school fiscal year 2008 2009 is $4,528.80 $4,700.89 . Each school fiscal year thereafter, the per student allocation is the previous fiscal year's per student allocation increased by the index factor;

         Section 5. For school fiscal year 2009, for any school district that does not certify to the secretary of education that its average teacher salary and benefits will increase by at least 3.8 percent, and that it will spend at least $58.87 per fall enrollment as defined in subdivision 13- 13-10.1(2A) on teacher salaries and benefits in excess of the school district's FY 2008 expenditures on teacher salaries and benefits, increased by the index factor as defined in subdivision 13-13-10.1(3), the per student allocation pursuant to subdivision 13-13-10.1(4) is $4,642.02.

         Section 6. The secretary of education may promulgate rules pursuant to chapter 1-26 to provide for the certifications required in section 5 of this Act."


     Sen. Koetzle requested a roll call vote.

     Which request was supported.

     The question being on Sen. Sutton's substitute motion that HB 1300 be further amended.

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent 0

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

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


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


      Sen. Knudson moved that HB 1300 be placed to follow HB 1047 on today's calendar.

     Which motion prevailed.

     HB 1124: FOR AN ACT ENTITLED, An Act to enhance education in South Dakota.

     Was read the second time.

     The question being "Shall HB 1124 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; 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:
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.

     HB 1226: FOR AN ACT ENTITLED, An Act to provide funds to the postsecondary technical institutes.

     Was read the second time.

     The question being "Shall HB 1226 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     HB 1227: FOR AN ACT ENTITLED, An Act to appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

     Was read the second time.

     The question being "Shall HB 1227 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.

     HB 1087: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding appropriations to the Department of Executive Management, the Department of Revenue and Regulation, the Department of Game, Fish and Parks, the Department of Transportation, the Department of Education, the Board of Regents, the Department of Human Services, and the Department of Environment and Natural Resources.

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

1087oa
     Sen. Heidepriem moved that HB 1087 be further amended as follows:

     On page 3 of the Senate Appropriations Committee engrossed bill, delete lines 3 and 4.

     Which motion prevailed.

1087me
     Sen. Bartling moved that HB 1087 be further amended as follows:

     On page 5, between lines 1 and 2 of the House Appropriations Committee engrossed bill, insert:

    "Section 10. That Chapter 25 of the 2007 Session Laws be amended by adding thereto a NEW SECTION to read as follows:

         Section 39. The state treasurer shall transfer to the general fund three million seven hundred sixty-eight thousand seven hundred eleven dollars ($3,768,711) from the employer's investment in South Dakota future fund created in §  61-5-24.2 for the payment of one-time costs associated with the Research, Education, and Economic Development Network."

     Sen. Gray requested a roll call vote.

     Which request was supported.

     The question being on Sen. Bartling's motion that HB 1087 be further amended.

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

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

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

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

     The question now being "Shall HB 1087 pass as amended?"

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

     Nays:
Koetzle; 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.

     HB 1085: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of science facilities and laboratories at public universities and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall HB 1085 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, 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; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Kloucek; Koetzle; Maher

     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 and the title was agreed to.

     Sen. Knudson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 2:22 p.m., the Senate recessed.

RECESS

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

      HB 1069: FOR AN ACT ENTITLED, An Act to make an appropriation to the coordinated natural resources conservation fund and to declare an emergency.

     Was read the second time.

     Sen. Knudson moved that the Senate revert to Order of Business No. 8, Motions and Resolutions.

     Which motion prevailed.

     There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

     Sen. Ed Olson moved that the Senate do concur in House amendments to SB 27.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 27.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Katus; Peterson (Jim); Two Bulls

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

     Sen. Dempster moved that the Senate do concur in House amendments to SB 54.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 54.

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0


     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Garnos; Gray; 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

     Nays:
Apa; Gant; Greenfield; Napoli

     Excused:
Peterson (Jim)

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

     Sen. Albers moved that the Senate do concur in House amendments to SB 123.

     The question being on Sen. Albers' motion that the Senate do concur in House amendments to SB 123.

     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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

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

     Sen. Ed Olson moved that the Senate do concur in House amendments to SB 126.

     Sen. Turbak Berry moved as a substitute motion that the Senate do not concur in House amendments to SB 126 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Sen. Apa requested a roll call vote.

     Which request was supported.


     The question being on Sen. Turbak Berry's substitute motion that the Senate do not concur in House amendments to SB 126 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     And the roll being called:

     Yeas 16, Nays 18, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Duenwald; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hoerth; Hunhoff; Kloucek; Koetzle; McNenny; Schmidt (Dennis); Turbak Berry; Two Bulls

     Nays:
Bartling; Dempster; Gant; Garnos; Gray; Heidepriem; Hundstad; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton

     Excused:
Peterson (Jim)

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

     The question now being on Sen. Olson's motion that the Senate do concur in House amendments to SB 126.

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; Napoli; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Abdallah; Albers; Apa; Greenfield; Hansen (Tom); Hauge; Hunhoff; Kloucek; Koetzle; McNenny; Schmidt (Dennis); Two Bulls

     Excused:
Peterson (Jim)

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

     Sen. Duenwald moved that the Senate do concur in House amendments to SB 134.


     The question being on Sen. Duenwald's motion that the Senate do concur in House amendments to SB 134.

     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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

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

     Sen. Gray moved that the Senate do concur in House amendments to SB 143.

     The question being on Sen. Gray's motion that the Senate do concur in House amendments to SB 143.

     And the roll being called:

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

     Excused:
Apa; Peterson (Jim)

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

     Sen. Abdallah moved that the Senate do not concur in House amendments to SB 172 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. Abdallah, Apa, and Heidepriem.


     Sen. Knudson moved that the Senate do concur in House amendments to SB 186.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 186.

     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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

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

     Sen. Knudson moved that the Senate do not concur in House amendments to SB 187 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

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

     Sen. Gary Hanson moved that the Senate do concur in House amendments to SB 190.

     The question being on Sen. Hanson's motion that the Senate do concur in House amendments to SB 190.

     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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried and the amendments were concurred in.

     Sen. Ed Olson moved that the Senate do concur in House amendments to SB 201.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 201.

     Sen. Ed Olson moved that consideration of House amendments to SB 201 be deferred to Thursday, February 28, the 33rd legislative day.

     Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1069: FOR AN ACT ENTITLED, An Act to make an appropriation to the coordinated natural resources conservation fund and to declare an emergency.

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

1069fa
     Sen. Knudson moved that HB 1069 be amended as follows:

     On page 1, line 4, of the printed bill, delete "six hundred" and insert "one dollar ($1)".

     On page 1, line 5, delete everything before ", or".

     Sen. Heidepriem requested a roll call vote.

     Which request was supported.

     The question being on Sen. Knudson's motion that HB 1069 be amended.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

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

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

     Excused:
Peterson (Jim)

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


      The question being "Shall HB 1069 pass as amended?"

     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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
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.

ANNOUNCEMENT

     The President announced Sens. Tom Hansen, Albers, and Turbak Berry 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 1100.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS
(continued)

     HB 1047: FOR AN ACT ENTITLED, An Act to make an appropriation to assist sparse school districts.

     Was read the second time.

1047fa
     Sen. Knudson moved that HB 1047 be further amended as follows:

     On page 1, line 3, of the Senate Education Committee engrossed bill, delete "two million forty-" and insert "one dollar ($1)".

     On page 1, line 4, delete everything before "," .

     Sen. Abdallah requested a roll call vote.

     Which request was supported.

     The question being on Sen. Knudson's motion that HB 1047 be further amended.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

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

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

     Excused:
Peterson (Jim)

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

     The question being "Shall HB 1047 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Bartling; Koetzle

     Excused:
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 1300: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment of additional funds to consolidated school districts.

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

     The question being "Shall HB 1300 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Apa

     Excused:
Peterson (Jim)

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

     The question being on the title.

1300ctd
     Sen. Sutton moved that the title to HB 1300 be amended as follows:

     On page 1, line 1, of the Senate Education Committee engrossed bill, delete everything after "An Act to" and insert "revise certain provisions related to school district reorganization and to the payment of additional funds to consolidating school districts, and to revise the general state aid to education formula for the purpose of increasing teachers salaries."

     On page 1, delete line 2.
     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SJR 1 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 4, 112, 116, 153, 174, and 182 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 17, 46, 52, 57, 58, 80, 85, 92, 97, 129, 157, and 173 were delivered to his Excellency, the Governor, for his approval at 9:44 a.m., February 27, 2008.

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 concurred in Senate amendments to HB 1016 and 1107.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1100 and has appointed Reps. Vehle, Cutler, and Engels as a

committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has appointed Reps. Tidemann, Deadrick, 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 on SB 176.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1293.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1037 and has appointed Reps. Rounds, Willadsen, and Miles as a new committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS

     SC 24  Introduced by:  Senators Kloucek, Albers, Gant, Garnos, Greenfield, Hansen (Tom), Hanson (Gary), Heidepriem, Hoerth, Hundstad, Hunhoff, Katus, Koetzle, Maher, Nesselhuf, Schmidt (Dennis), Sutton, Turbak Berry, and Two Bulls and Representatives Putnam, Boomgarden, Gassman, Glenski, Howie, Jerke, Kirkeby, McLaughlin, Miles, Moore, Nelson, Nygaard, Olson (Betty), Pederson (Gordon), Rounds, Sigdestad, Thompson, and Vehle

         A LEGISLATIVE COMMEMORATION,  Recognizing and commending the anniversary of the fiftieth annual Schmeckfest in Freeman, South Dakota.

     WHEREAS,  the fiftieth annual Schmeckfest, hosted in brand new Sterling Hall, celebrates the rich cultural heritage that German immigrants transported from their homeland to enrich their new home in South Dakota; and

     WHEREAS,  visitors may view many demonstrations; musical and historical presentations; cultural exhibits, including sausage making and basket weaving; arts and crafts booths; antiques

displays; and may sample many delicious ethnic foods, including poppy seed, dried fruit, and cottage cheese delicacies; and

     WHEREAS,  the Heritage Hall Museum Complex, including community artifacts, memorabilia, and four historic buildings, will be open from 1:00 p.m. to 8:00 p.m. daily; and

     WHEREAS,  the Freeman community will present The Sound of Music on the evenings of March 28 and 29 and April 4 and 5, 2008:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Legislature congratulates the people of Freeman, South Dakota, for their outstanding traditional Schmeckfest celebration and invites all South Dakotans to participate in the fiftieth annual Schmeckfest on March 28 and 29 and April 4 and 5, 2008.

     SC 25  Introduced by:  Senators Kloucek, Dempster, Garnos, Greenfield, Hansen (Tom), Hanson (Gary), Heidepriem, Hoerth, Hundstad, Hunhoff, Katus, Koetzle, Maher, Nesselhuf, Smidt (Orville), Sutton, and Two Bulls and Representatives Putnam, Boomgarden, Gassman, Glenski, Howie, Jerke, Kirkeby, McLaughlin, Miles, Moore, Nelson, Nygaard, Olson (Betty), Pederson (Gordon), Rounds, Sigdestad, Thompson, and Vehle

         A LEGISLATIVE COMMEMORATION,  Recognizing and commending the Kuchen Festival in Delmont, South Dakota.

     WHEREAS,  the Kuchen Festival is sponsored by the Delmont Historical Society and celebrates the rich cultural heritage and traditional food of the community's German ancestors; and

     WHEREAS,  the Kuchen Festival will be held on September 13 and 14, 2008, at the Delmont Legion Hall from 10:00 a.m. to 4:00 p.m. where a kuchen craft fair, quilt show, and soup kitchen will be held and the Pump House Museum will be open in the afternoons; and

     WHEREAS,  The Kuchen Festival is being held in conjunction with the Old Time Harvest Festival which is sponsored by the Twin Rivers Old Iron Association. The Old Time Harvest Festival will be held on a farm near Delmont from 8:00 a.m. to 4:00 p.m. on September 13 and 14, 2008; and

     WHEREAS,  the excellent food, fun, and hospitality make these events true South Dakota traditions:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the Legislature commends the people of Delmont, South Dakota, and the surrounding area for their outstanding traditional Kuchen Festival and invites all South Dakotans to participate in the Kuchen Festival on September 13 and 14, 2008.

     SC 26  Introduced by:  Senators Garnos, Jerstad, Nesselhuf, and Olson (Ed) and Representatives Juhnke, Bradford, Deadrick, and Lucas

         A LEGISLATIVE COMMEMORATION,  Recognizing April 23, 2008, as Adopt a Library Day.

     WHEREAS,  the citizens of South Dakota benefit greatly from libraries located across our great state, as they enable South Dakotans of all ages and backgrounds to access books and other resources that open new opportunities for learning and self-discovery; and

     WHEREAS,  in order to help maintain books in a variety of different genres, our libraries depend upon the support of a variety of community partners such as Adopt a Library that aim to enhance both the quantity and quality of learning resources available to our citizens; and

     WHEREAS,  founded in South Dakota by a librarian committed to expanding learning opportunities for her fellow citizens, AdoptALibrary.org is a nonprofit organization that facilitates donations of books to our schools and libraries across the state and beyond; and

     WHEREAS,  AdoptALibrary.org has helped a number of schools and communities that have experienced past difficulties in acquiring library resources, including a number of Native American reservation communities across the United States; and

     WHEREAS,  the South Dakota Legislature is pleased to join with other officials in recognizing April 23, 2008, as Adopt a Library Day, and encourages all South Dakotans to consider ways in which they can help others gain new knowledge and wisdom:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that April 23, 2008, be recognized as Adopt a Library Day in the state of South Dakota, and the Legislature calls this observance to the attention of all our citizens.

     SC 27  Introduced by:  Senators Garnos, Bartling, and Kloucek and Representatives Juhnke, Bradford, Deadrick, Gassman, Jerke, Putnam, and Vanneman

         A LEGISLATIVE COMMEMORATION,  Congratulating the Wagner High School Wrestling Team for winning the 2008 Class B State Wrestling Championship.

     WHEREAS,  the Wagner High School Wrestling Team, lead by the strong coaching of Ernie Valentine, performed excellently throughout the season and earned a score of 150.5 at the state championship, far ahead of the nearest competitor; and

     WHEREAS,  members from the Wagner High School Wrestling Team won three separate weight classes at the state competition, including Alex Kocer, winning the 103 lb. weight class; Dan Koupal, winning the 135 lb. weight class; and Robert Kokesh, winning the 145 lb. weight class; and

     WHEREAS,  Robert Kocer finished his illustrious high school wrestling career by earning the State Championship Outstanding Wrestler Award and winning fourth place in the 152 lb. weight class despite having lost his leg in a farm accident; and

     WHEREAS,  other members of the Wagner High School Wrestling Team that participated in the state tournament included Derek Dickerson, Austin Schroeder, Mitch Breen, Steven Holzbauer, and Maverick Hill; and
     WHEREAS,  the town of Wagner, having a strong wrestling tradition, supported the team throughout the season:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-Third Legislature of the State of South Dakota, that the 2008 Wagner High School Wrestling Team be honored for their 2008 State Class B Wrestling Championship.

SIGNING OF BILLS

     The President publicly read the title to

     SJR 1: A JOINT RESOLUTION, Proposing a constitutional amendment to eliminate term limits for legislators.

     SB 4: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning campaign finance reporting requirements and to establish certain penalties.

     SB 112: FOR AN ACT ENTITLED, An Act to  revise eligibility requirements for continuation of health care coverage.

     SB 116: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the assessment of real property and to revise the makeup of the implementation and oversight advisory task force.

     SB 153: FOR AN ACT ENTITLED, An Act to  authorize the Governor to enter the Midwestern Regional Higher Education Compact and the Western Regional Education Compact, and to provide for the appointment of resident members to both commissions.

     SB 174: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the exercise of eminent domain by railroads.

     SB 182: FOR AN ACT ENTITLED, An Act to  expand the disclosure of inpatient hospital charges and to provide for the development of a system for the disclosure of charges for outpatient procedures.

     HB 1064: FOR AN ACT ENTITLED, An Act to  revise the crime of aggravated incest.

     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.

     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.

     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.

     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.

     And signed the same in the presence of the Senate.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:30 a.m. on Thursday, February 28, the 33rd legislative day.

     Which motion prevailed.

     Sen. Bartling moved that the Senate do now adjourn, which motion prevailed and at 4:30 p.m. the Senate adjourned.

Trudy Evenstad, Secretary