Senate Journal 01/18/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 18, 2005

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

The prayer was offered by the Chaplain, Sen. Stanford Adelstein, followed by the Pledge of Allegiance led by Senate page Jessica Berg.

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 fourth 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.

HONORED GUESTS

The President introduced this year's National Miss Czech-Slovak Queen, Erin Tycz and Czech Day's Royalty Queen Becky Koupal, Princess Mariah Kostal, and Prince Jordan Hejna. He also introduced members of the Sgt. Floyd Honor Guard: Meriwether Lewis portrayed by Michael Berger; Pvt. Tom Howard portrayed by Pete Murray; and William Clark, portrayed by Randy Rumelhart.

The President also introduced Terry Koontz of Sturgis as the 2004-2005 Outstanding School Board member.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 31 and 63 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 29, 40, 46, and 48 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 30 and 49 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Royal “Mac” McCracken, Chair

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Eightieth Legislative Session be January 11 through January 14, January 18 through January 21, January 24 through January 28, January 31 through February 5, February 7 through February 11, February 14 through February 19, February 22 through February 25, February 28 through March 4, and March 22.

Respectfully submitted,                            Respectfully submitted,
Elizabeth Kraus                                    Lee Schoenbeck
Sean O'Brien                                        Eric Bogue
Kathy Miles                                        Garry Moore
House Committee                                    Senate Committee

Also MR. PRESIDENT:

Your Joint-Select Committee appointed relative to securing chaplains for the Eightieth Legislative Session respectfully reports:

We have conferred with the Pierre Ministerial Association and have arranged for ministers to participate on a part-time basis under the direction of Dodie Noordermeer, Director of Spiritual Care, St. Mary's Hospital, as chief chaplain, to serve the Senate and House as chaplains throughout the Eightieth session of the Legislature. The chaplains are as follows:

Theodora Boolin, Michele Bradley, Genie Butler, Tom Cool, Roger Easland, John Fette, Harvey Friez, Howard Grinager, Roger Heidt, Nancy Kapp, Ruth Ann Loughry, Dallas McKinley, Dodie Noordermeer, Shirley Sandberg, Brad Urbach, Billy Wilson, and David Zellmer.

Respectfully submitted,    Respectfully submitted,
Roger Hunt    Orville Smidt
Donald Van Etten    William Earley
Gerald Lange    Dan Sutton
House Committee    Senate Committee

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Bogue moved that the report of the Joint-Select Committee relative to making arrangements for a memorial service as found on page 48 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on SB 13 as found on page 46 of the Senate Journal ; also

Judiciary on SB 15 as found on page 47 of the Senate Journal ; also

Commerce on SB 20 as found on page 46 of the Senate Journal ; also

Judiciary on SB 59 as found on page 47 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 74 Introduced by: Senators Sutton (Duane) and Napoli and Representatives Rausch, Buckingham, and Dennert

FOR AN ACT ENTITLED, An Act to revise certain restrictions concerning the operation of snowmobiles.

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

SB 75 Introduced by: Senators Sutton (Duane), Apa, Hansen (Tom), and Hundstad and Representatives Frost, Dennert, Elliott, Haley, Novstrup, Rausch, and Street

FOR AN ACT ENTITLED, An Act to designate official state railroad museums and to provide for additional museum sites.

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

SB 76 Introduced by: Senator Bogue and Representative Deadrick

FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2004.

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

SB 77 Introduced by: Senator Bogue and Representative Deadrick

FOR AN ACT ENTITLED, An Act to correct various references in the code.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 9: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions relating to a plan for integrated telecommunications functions and facilities.

Was read the second time.

The question being “Shall SB 9 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Napoli

Excused:
Kloucek

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

SB 10: FOR AN ACT ENTITLED, An Act to revise certain references to the Rural Development Telecommunications Network language with appropriate references to the Digital Dakota Network.

Was read the second time.

The question being “Shall SB 10 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Kloucek

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

SB 21: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding the pipeline safety inspection program.

Was read the second time.

The question being “Shall SB 21 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Kloucek

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

SB 32: FOR AN ACT ENTITLED, An Act to change certain references from the Department of Revenue and Regulation to the Department of Public Safety.

Was read the second time.

The question being “Shall SB 32 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Kloucek

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

SB 33: FOR AN ACT ENTITLED, An Act to update certain provisions for specifications and tolerances for weighing and measuring devices.

Was read the second time.

The question being “Shall SB 33 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Kloucek

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

SB 54: FOR AN ACT ENTITLED, An Act to clarify the procedure to be followed for expedited abused or neglected child proceedings.

Was read the second time.

The question being “Shall SB 54 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Napoli

Excused:
Kloucek

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 14: FOR AN ACT ENTITLED, An Act to modify provisions related to the payment of unemployment insurance benefits.

Was read the second time.

The question being “Shall SB 14 pass?”

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Peterson (Jim); Sutton (Dan); Two Bulls

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

SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the statutes of limitation for workers' compensation claims.

Was read the second time.

The question being “Shall SB 16 pass?”

And the roll being called:

Yeas 19, Nays 9, Excused 7, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gray; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; Lintz; McCracken; Moore; Olson (Ed); Schoenbeck; Sutton (Dan)

Nays:
Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; McNenny; Nesselhuf; Peterson (Jim); Two Bulls

Excused:
Apa; Earley; Gant; Greenfield; Napoli; Smidt; Sutton (Duane)

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

SB 18: FOR AN ACT ENTITLED, An Act to require the Public Utilities Commission to disburse certain bond or other proceeds to affected customers.

Was read the second time.

The question being “Shall SB 18 pass?”

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

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

Excused:
Apa; Earley; Gant; Greenfield; Napoli; Smidt; Sutton (Duane)

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

SB 19: FOR AN ACT ENTITLED, An Act to revise the length of time for the Public Utilities Commission to act on an application for a certificate of authority for interexchange telecommunications service.

Was read the second time.

The question being “Shall SB 19 pass?”

And the roll being called:

Yeas 26, Nays 0, Excused 9, Absent 0

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

Excused:
Apa; Bartling; Earley; Gant; Greenfield; Hanson (Gary); Napoli; Smidt; Sutton (Duane)

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

SB 69: FOR AN ACT ENTITLED, An Act to revise the administrative rules promulgation process.

Was read the second time.

The question being “Shall SB 69 pass?”

And the roll being called:

Yeas 26, Nays 0, Excused 9, Absent 0

Excused:
Apa; Bartling; Earley; Gant; Greenfield; Hanson (Gary); Napoli; Smidt; Sutton (Duane)

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.

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

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the Senate and House.

Respectfully,
Karen Gerdes, Chief Clerk

SC 3 Introduced by: Senators Kloucek, Adelstein, Bartling, Dempster, Kooistra, Koskan, Moore, and Nesselhuf and Representatives Putnam, Deadrick, Garnos, Gassman, Glover, Hunhoff, Jensen, Jerke, Koistinen, O'Brien, Rausch, Roberts, Rounds, Schafer, Street, Thompson, Van Norman, and Weems

A LEGISLATIVE COMMEMORATION, Recognizing and honoring Erin Tycz of Tyndall for recently being selected as Miss Czech-Slovak USA Queen.

WHEREAS, Erin Tycz of Tyndall was a former Tabor Czech Day Queen in 2003, and has most recently received the honor of being chosen National Queen on August 8, 2004, in Wilbur, Nebraska, and will retain this title through 2005; and

WHEREAS, Erin is the first South Dakotan ever honored with the title of Miss Czech- Slovak USA Queen; and

WHEREAS, Erin is the daughter of Glenn and Michele Tycz of Tyndall and is currently a second-year student at the University of South Dakota, pursuing her degree in mass communications; and

WHEREAS, Erin is very proud of her Czech heritage and feels extremely fortunate for all that she has learned and experienced and for the opportunity to represent her fellow South Dakotans of Czech ancestry:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Erin Tycz of Tyndall be recognized and honored as the reigning Miss Czech-Slovak USA Queen.

SC 4 Introduced by: Senator McNenny and Representatives Brunner and Rhoden

A LEGISLATIVE COMMEMORATION, Commending and honoring Terry Koontz of the Meade School District Board on her selection as the 2004-2005 Outstanding School Board member.

WHEREAS, Terry Koontz is in her fifth year as president of the Meade School District Board and she has provided leadership to the Meade School District for thirteen years through both remodeling and restructuring projects and earned the respect of her peers; and

WHEREAS, Terry Koontz has ably served as president of the Black Hills Special Services Board since 1999 and is a constant advocate for youth in the Meade School District as well as in the entire Black Hills area; and

WHEREAS, Terry Koontz is a leader in the Black Hills region where she has continually worked to create an educational environment that is nurturing and conducive for student learning:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Terry Koontz of Sturgis, South Dakota, be congratulated on her selection as the 2004-2005 Outstanding School Board Member and be commended for her continuing efforts to improve the educational opportunities available to children in our state.

Sen. Knudson moved that the Senate do now adjourn, which motion prevailed and at 2:46 p.m. the Senate adjourned.

Patricia Adam, Secretary