The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by Senate page Lesa Jarding.

     Roll Call: All members present except Sens. Hagen and Kleven who were excused.

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

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

     And we hereby move the adoption of the report.

    The Committee on Local Government respectfully reports that it has had under consideration SB 90 and tabled the same.

Also MADAM PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 237 which was deferred to the 41^st Legislative Day.

     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.

     Was read the second time.

     Excused:
Hagen; Kleven

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

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedrich (Larry); Diedtrich (Elmer); Drake; Duxbury; Everist; Greenfield; Hainje; Ham; Hutmacher; Koetzle; Koskan; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Putnam; Reedy; Staggers; Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Excused:
Hagen; Kleven

     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.

     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.

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

     Yeas 24, Nays 5, Excused 6, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; de Hueck; Dennert; Diedtrich (Elmer); Duxbury; Everist; Hainje; Ham; Koetzle; Madden; McCracken; McIntyre; Moore; Munson; Olson (Ed); Reedy; Symens; Vitter; Volesky; Whiting

     Nays:
Diedrich (Larry); Drake; Greenfield; Koskan; Staggers

     Excused:
Apa; Hagen; Hutmacher; Kleven; Putnam; Sutton (Dan)

     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.

     And the roll being called:

     Yeas 22, Nays 7, Excused 6, Absent 0

     Yeas:
Albers; Bogue; Brosz; Brown (Arnold); Daugaard; Diedrich (Larry); Diedtrich (Elmer); Drake; Everist; Greenfield; Hainje; Ham; Koskan; Madden; McCracken; Munson; Olson (Ed); Sutton (Dan); Symens; Vitter; Volesky; Whiting

     Nays:
de Hueck; Dennert; Duxbury; McIntyre; Moore; Reedy; Staggers

     Excused:
Apa; Hagen; Hutmacher; Kleven; Koetzle; Putnam

     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.

     Which motion prevailed and the bill was so deferred.

    "Section 1. Any person convicted of a felony and currently serving a term of imprisonment may file a petition in the circuit court that entered the judgment of conviction in the person's case requesting performance of forensic deoxyribonucleic acid (DNA) testing. The petition shall be served on the state's attorney in the county of conviction. Any response shall be filed within sixty days of the date on which the state's attorney was served with the petition.

     Section 2. Before the court may grant the petition, the petitioner shall demonstrate that post- conviction DNA analysis will:

     Section 4. The court may grant the petition for DNA testing if it determines that petitioner has met the four factors to test set out in section 2 of this Act and that DNA testing is suitable under the circumstances. If the court grants the petition for DNA testing, the court order shall identify the specific evidence to be tested and the DNA technology to be used. The testing shall be conducted by a laboratory mutually agreed upon by the state and the person filing the petition. If the parties cannot agree, the court's order shall designate the laboratory to conduct the testing. DNA testing expenses shall be paid by the county from which the person was convicted.

     Section 5. The result of any testing ordered under this Act shall be fully disclosed to the person filing the petition and the state's attorney. If the test results do not result in a new trial, the petitioner shall reimburse the county for the costs of the testing.

     Section 6. Any law enforcement agency of the state shall retain any biological material secured in connection with a criminal case for the period of time that any person remains incarcerated in connection with that case. The agency may determine how the evidence is retained. However, the evidence shall be retained in a condition suitable for further DNA testing."

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill be amended as follows:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill be amended as follows:

    "Section 4. That § 24-2-14 be amended to read as follows:

     24-2-14.   No alcoholic beverages, prescription or nonprescription drugs, controlled substances as defined by chapter 34-20B, hallucinogen, marijuana, weapons as defined in subdivision 22-1-2 (10) , or any article of indulgence may be possessed by any inmate of the state penitentiary except by order of a physician, physician assistant, or nurse practitioner as defined in chapters 36-4, 36-4A, and 36-9A, respectively, which order shall be in writing and for a definite period. A violation of this section constitutes a felony pursuant to the following schedule:

Also MADAM PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration and returns the same with the recommendation that said bill be amended as follows: