JOURNAL OF THE SENATE

EIGHTIETH SESSION  




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 2, 2005

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

     The prayer was offered by the Chaplain, Reverend Barbara K. Gammeter, followed by the Pledge of Allegiance led by Senate page Sara Larsen.

     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-sixth day.

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

     And we hereby move the adoption of the report.

Respectfully submitted,
Lee Schoenbeck, Chair

     Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS


     The Senate proceeded to the reconsideration of SB 99 pursuant to the veto of the Governor and the veto message found on page 701 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

     The question being "Shall SB 99 pass, the veto of the Governor notwithstanding?"

     And the roll being called:

     Yeas 0, Nays 35, Excused 0, Absent 0

     Nays:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES


     Sen. Dan Sutton moved that the report of the Conference Committee on SB 143 as found on page 727 of the Senate Journal be adopted.

     Sen. McNenny moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 143 as found on page 727 of the Senate Journal and do not appoint a new committee.

     The question being on Sen. McNenny's substitute motion to not adopt the report of the Conference Committee on SB 143 and to not appoint a new committee.

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent 0

     Yeas:
Apa; Bartling; Duenwald; Greenfield; Kloucek; Koskan; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Two Bulls


     Nays:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; McCracken; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

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

     The question being on Sen. Sutton's motion that the report of the Conference Committee on SB 143 be adopted.

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Nays:
Apa; Bartling; Duenwald; Greenfield; Kloucek; Koskan; Lintz; McNenny; Moore; Napoli; 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 report was adopted.

REPORT OF CONFERENCE COMMITTEE


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 214 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 214 be amended as follows:

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

    "Section 1. That § 10-45B-1 be amended to read as follows:

     10-45B-1.   Terms used in this chapter mean:

             (1)      "Department," the Department of Revenue and Regulation;

             (2)      "New agricultural processing facility," a new building or structure, the construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B. A new agricultural processing facility is any new building or structure constructed for the initial or subsequent processing of any form of agricultural commodity, product, or by-product. A new agricultural processing facility does not include any building or structure constructed for raising or feeding of livestock or the expansion of an existing agricultural processing facility except as provided in section 2 of this Act ;

             (3)      "Person," any individual, firm, copartnership, joint venture, association, limited liability company, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;

             (4)      "Project," the construction of a new agricultural processing facility at a single site;

             (5)      "Project cost," the amount paid in money, credits, property, or other money's worth for a project;

             (6)      "Secretary," the secretary of the Department of Revenue and Regulation.

     Section 2. That chapter 10-45B be amended by adding thereto a NEW SECTION to read as follows:

     For purposes of this chapter, a new agricultural processing facility as defined in §  10-45B-1 includes an expansion to an existing soybean processing facility if the expansion will be used for the production of biodiesel."

     On page 1, line 1, delete " taxation benefits " and insert "tax refunds".

Respectfully submitted,                         Respectfully submitted,
Joel D. Dykstra                                Dick Kelly
House Committee Chair                        Senate Committee Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 6, 35, 43, 67, 144, 157, and 183 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 36, 58, 72, 98, and 220 which have passed the House without change.



Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1018 and 1019 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 185 was lost on second reading and final passage.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 218 and 170 were tabled.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Bogue moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:45 p.m., the Senate recessed.

RECESS


     The Senate reconvened at 1:00 p.m., the President presiding.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE


     Sen. Kelly moved that the report of the Conference Committee on SB 214 as found on page 735 of the Senate Journal be adopted.

     The question being on Sen. Kelly's motion that the report of the Conference Committee on SB 214 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls


     Nays:
Adelstein

     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 report was adopted.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 36, 58, 72, 96, 98, and 220 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 66 and 222 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., March 2, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MOTIONS AND RESOLUTIONS


     HCR 1018:   A CONCURRENT RESOLUTION,   Requesting South Dakota's Congressional delegation and the United States Congress to support federal multi-emission reduction legislation.

     Was read the first time.

    The President announced the waiving of the committee referral and placed HCR 1018 on the calendar of Thursday, March 3, the 38th legislative day.

     HCR 1019:   A CONCURRENT RESOLUTION,   Setting forth certain legislative policy recommendations to the secretary of the Department of Game, Fish and Parks regarding ongoing efforts to improve communications and to resolve complaints among landowners, sportsmen, and the department.

     Was read the first time.



    The President announced the waiving of the committee referral and placed HCR 1019 on the calendar of Thursday, March 3, the 38th legislative day.

     SCR 7:   A CONCURRENT RESOLUTION,   Requesting the Congress of the United States to provide level or increased funding for the Community Services Block Grant program.

    Was read the second time.

     Sen. Earley moved that SCR 7 as found on page 704 of the Senate Journal be adopted.

     The question being on Sen. Earley's motion that SCR 7 be adopted.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Apa

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 7 was adopted.

     HCR 1017:   A CONCURRENT RESOLUTION,   Requesting the creation of an interim committee to study interscholastic activities.

    Was read the second time.

     Sen. Duenwald moved that the Senate do concur in HCR 1017 as found on page 615 of the House Journal.

     The question being on Sen. Duenwald's motion that the Senate do concur in HCR 1017.

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Kooistra; Moore; Nesselhuf; Peterson (Jim)

     Excused:
Apa

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1017 was concurred in.

     Sen. Bogue moved that the Senate do concur in House amendments to SB 17.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 17.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Apa; Schoenbeck

     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. Abdallah moved that the Senate do concur in House amendments to SB 60.

     The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 60.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0


     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     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. Duane Sutton moved that the Senate do concur in House amendments to SB 95.

     The question being on Sen. Sutton's motion that the Senate do concur in House amendments to SB 95.

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Bogue; Broderick; Duenwald; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Kloucek; Koetzle; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Adelstein; Dempster; Earley; Hanson (Gary); Kelly; Knudson; Kooistra; Lintz; Olson (Ed); Peterson (Jim); Smidt

     Excused:
Apa

     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. Duane Sutton announced his intention to reconsider the vote by which the House amendments to SB 95 lost.

     Sen. Dempster moved that the Senate do concur in House amendments to SB 109.

     The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 109.

     And the roll being called:



     Yeas 30, Nays 4, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Bartling; Kloucek; Nesselhuf; Olson (Ed)

     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. Adelstein moved that the Senate do concur in House amendments to SB 119.

     The question being on Sen. Adelstein's motion that the Senate do concur in House amendments to SB 119.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     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.

     Earlier, Sen. Duane Sutton announced his intention to reconsider the vote by which the House amendments to SB 95 lost.

     Sen. Sutton moved that the Senate do now reconsider the vote by which the House amendments to SB 95 lost.

     The question being on Sen. Sutton's motion to reconsider the vote by which the House amendments to SB 95 lost.



     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Duenwald; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Kloucek; Koetzle; Koskan; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Dempster; Earley; Hanson (Gary); Kelly; Knudson; Kooistra; Lintz; Peterson (Jim); Smidt

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the House amendments to SB 95 were up for reconsideration and final passage.

     Sen. Bogue moved that reconsideration of the House amendments to SB 95 be placed to follow SB 193 on today's calendar.

     Which motion prevailed.

     Sen. Nesselhuf moved that the Senate do concur in House amendments to SB 139.

     The question being on Sen. Nesselhuf's motion that the Senate do concur in House amendments to SB 139.

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Hansen (Tom)

     Excused:
Apa; Koskan

     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. Schoenbeck moved that the Senate do concur in House amendments to SB 178.

     The question being on Sen. Schoenbeck's motion that the Senate do concur in House amendments to SB 178.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
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. Moore moved that the Senate do concur in House amendments to SB 191.

     The question being on Sen. Moore's motion that the Senate do concur in House amendments to SB 191.

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Kelly; Knudson; Olson (Ed); Smidt

     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. Greenfield moved that the Senate do concur in House amendments to SB 193.

     The question being on Sen. Greenfield's motion that the Senate do concur in House amendments to SB 193.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Hundstad; Knudson

     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. Bogue moved that the Senate do now recess until 2:30 p.m., which motion prevailed and at 1:55 p.m., the Senate recessed.


RECESS


     The Senate reconvened at 2:30 p.m., the President presiding.

MOTIONS AND RESOLUTIONS
(continued)

     Sen. Duane Sutton moved that the Senate do concur in House amendments to SB 95.

     The question being on Sen. Sutton's motion that the Senate do concur in House amendments to SB 95.

     And the roll being called:

     Yeas 26, Nays 8, Excused 1, Absent 0


     Yeas:
Abdallah; Bartling; Bogue; Broderick; Duenwald; Duniphan; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Adelstein; Dempster; Earley; Kelly; Knudson; Kooistra; Olson (Ed); Smidt

     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. Earley moved that the Senate do not concur in House amendments to SB 6 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. Earley, Bartling, and McCracken.

     Sen. Apa moved that the Senate do concur in House amendments to SB 35.

     The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 35.

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Gant; Kloucek; Koetzle; Moore; Napoli

     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. Schoenbeck moved that the Senate do not concur in House amendments to SB 43 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. Schoenbeck, Moore, and Gray.

     Sen. Schoenbeck moved that the Senate do not concur in House amendments to SB 67 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. Schoenbeck, Abdallah, and Koetzle.

     Sen. Knudson moved that the Senate do concur in House amendments to SB 144.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 144.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Kloucek; 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. Olson (Ed) moved that the Senate do not concur in House amendments to SB 157 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. Kooistra, Ed Olson, and Jim Peterson.



     Sen. Ed Olson moved that the Senate do concur in House amendments to SB 183.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 183.

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hundstad; Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

     Nays:
Hanson (Gary); Kloucek; Koetzle; McNenny; Moore; 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.

     There being no objection, the Senate reverted 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 passed HB 1100 over the veto of the Governor. The veto message of the Governor is found on page 706 of the House Journal.

    We hereby request your favorable consideration in passing HB 1100, the veto of the Governor notwithstanding.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has passed HB 1181 over the veto of the Governor. The veto message of the Governor is found on page 708 of the House Journal.

    We hereby request your favorable consideration in passing HB 1181, the veto of the Governor notwithstanding.

Respectfully,
Karen Gerdes, Chief Clerk
     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 9:30 a.m. on Thursday, March 3, the 38th legislative day.

     Which motion prevailed.

COMMEMORATIONS


     SC 22   Introduced by:  Senators Olson (Ed), Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Knudson, Koetzle, Kooistra, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Dykstra, Dennert, Garnos, Gillespie, Hargens, Klaudt, Kraus, Miles, O'Brien, Rave, and Rhoden

         A LEGISLATIVE COMMEMORATION,  Honoring Valerie Melmer for her outstanding commitment and dedication to the state legislative page program.

     WHEREAS,  Valerie Melmer coordinates and supervises the activities of the legislative pages of both the House of Representatives and the Senate and is guided by her sense of duty and her expertise in working with youth; and

     WHEREAS,  Valerie is the wife of Dr. Rick Melmer and the mother of three children, Tara, Megan, and Sean and an alumna of Dakota Wesleyan University; and

     WHEREAS,  Valerie is an active church and community member and an exemplary role model for the students with whom she works:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that Valerie Melmer be recognized for her outstanding contribution to the 2005 session of the South Dakota Legislature.

     SC 23   Introduced by:  Senators Kloucek, Koetzle, and Moore and Representatives Putnam, Gassman, Hennies, and Jerke

         A LEGISLATIVE COMMEMORATION,  Recognizing and congratulating the Avon High School football team for winning the 2004 9A championship.

     WHEREAS,  the team overcame many injuries to get healthy in time to make a run in the playoffs, achieve a 10-2 overall record, and become the eventual state champions; and

     WHEREAS,  the team was coached by head coach Tom Culver, and assistant coaches Mel Fathke, Jan Mudder, Brad Bierema, Mark Mudder, and Tom Oster; and

     WHEREAS,  team members included Adam Oster, James Tjeerdsma, Matt Oster, Earv Archambeau, Tanner Hento, Nathan Schultz, Corey Bartunek, Chris Carr, Stephen Boyle, Danny Fathke, Andrew Powers, Jared Boyle, Te Archambeau, Matt Petrik, Kain Martin, Clarence Vanderlei, Jason Bierema, Matt Tjeerdsma, Jon Fleek, Drew Hento, Eric Roth, Drew Dykstra, Matt Dykstra, Bryant DeJong, Kevin Eben, and Justin Hornstra:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eightieth Legislature of the State of South Dakota, that the Avon High School football team be congratulated and commended for their commitment to hard work and their dedication to athletic excellence, leading them to win the 2004 9A state title.

SIGNING OF BILLS


     The President publicly read the title to

     SB 36: FOR AN ACT ENTITLED, An Act to  authorize the Board of Regents to accept a gift of property from the South Dakota State University Foundation.

     SB 58: FOR AN ACT ENTITLED, An Act to  require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

     SB 72: FOR AN ACT ENTITLED, An Act to  include legal costs as allowable expenditures from the special education fund.

     SB 96: FOR AN ACT ENTITLED, An Act to  allow municipalities to offer certain services at public facilities and to declare an emergency.

     SB 98: FOR AN ACT ENTITLED, An Act to  provide for specific penalties for certain fifth and subsequent offense driving under the influence convictions.

     SB 220: FOR AN ACT ENTITLED, An Act to  establish the South Dakota Certified beef program, to create the South Dakota Certified beef fund, and to declare an emergency.

     HB 1095: FOR AN ACT ENTITLED, An Act to  provide for a drug screening program for certain facilities providing patient or resident care or supervision.

     HB 1203: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the distribution of the tax imposed on financial institutions.

     And signed the same in the presence of the Senate.

     Sen. Koetzle moved that the Senate do now adjourn, which motion prevailed and at 2:51 p.m. the Senate adjourned.

Patricia Adam, Secretary