Senate Journal 01/21/2005 1:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 21, 2005

The Senate convened at 1:00 p.m., pursuant to adjournment, President Pro tempore Schoenbeck presiding.

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate pages Hayes Meckle and Samuel Drown.

Roll Call: All members present except Sens. Duenwald, Kloucek, McCracken, and Duane Sutton who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the seventh 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 76 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:

On page 14, after line 2 of the printed bill, insert:

"Section 43. The code counsel shall transfer § 1-33-22 to chapter 1-52."

On page 2, line 3 of the printed bill, after " program, " insert " the value added tourism subfund, ".

On page 2 , line 3, overstrike "fund" and insert " subfund ".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Eric H. Bogue, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1007, 1008,1019, 1021, 1022, 1033, 1034, 1035, 1042, 1044, and 1046 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

The Senate recognized Jennifer Coats and Brian Siemonsma who served the 2005 Legislature as computer interns.

SENATE PAGE RESOLUTION 1 Introduced by: Senators 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eightieth Legislature of the State of South Dakota to Diana Arbach, Jessica Berg, Alicia Coggins, Amber Dellman, Samuel Drown, Mandy Ellefson, McKinzie Hopkins, Hayes Meckle, and Sarah Nagel.

WHEREAS, the above named served loyally as pages for the Senate of the Eightieth Legislative Session; and

WHEREAS, the members of the Eightieth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eightieth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Bogue moved that Senate Page Resolution 1 be adopted.

The question being on Sen. Bogue's motion that Senate Page Resolution 1 be adopted.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Duenwald; Kloucek; McCracken; Sutton (Duane)

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

SCR 1: A CONCURRENT RESOLUTION, Praising the dramatic progress at Crazy Horse Memorial and recognizing the memorial's year of renewing the dream of Chief Henry Standing Bear and sculptor Korczak Ziolkowski.

Was read the second time.

Sen. Adelstein moved that SCR 1 as found on page 124 of the Senate Journal be adopted.

The question being on Sen. Adelstein's motion that SCR 1 be adopted.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Duenwald; Kloucek; McCracken; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

HCR 1002: A CONCURRENT RESOLUTION, Expressing legislative support for the preservation of the words, under God, in the pledge of allegiance.

Was read the first time.

The President announced the waiving of the committee referral and placed HCR 1002 on the calendar of Monday, January 24, the 9^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that the report of the Standing Committee on

Commerce on SB 50 as found on page 123 of the Senate Journal be adopted.

Which motion prevailed and the report was adopted.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill be amended as follows:

On page 3 of the printed bill, delete line 6 , and insert "as provided by this chapter and under the Indian Child Welfare Act, (25 U.S.C. 1901 to".

On page 1, line 14 of the printed bill, delete " If the placement is in the best interest of the child, the " and insert " The ".

On page 2 , line 1, after " qualified " insert " , provided that placement with the relative is in the best interest of the child ".

On page 2 , line 10, after " nephew, " insert " great grandparent, great uncle, great aunt, ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill be amended as follows:

On page 7 of the printed bill, delete lines 6 to 9 , inclusive.

On page 2, line 24 of the printed bill, delete " any " .

On page 6, line 16 of the printed bill, delete " form " and insert " from ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 12 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, after " shown, " insert " and upon notice to any other person or authorized agency whose consent is required pursuant to § 25-5A-6, ".

On page 1 , line 7, after " telephonically " insert " if the parent does so in the physical presence of a person designated by the court to monitor the parent's appearance ".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gene G. Abdallah, Chair

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 89 Introduced by: Senators Hansen (Tom), Gray, Hundstad, Olson (Ed), and Schoenbeck and Representatives Rave, Boomgarden, Frost, Glover, McCoy, Miles, Thompson, and Weems

FOR AN ACT ENTITLED, An Act to revise certain supervision requirements regarding the delegation of procedures to dental hygienists.

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

SB 90 Introduced by: Senators Kooistra, Kloucek, and Nesselhuf and Representatives Boomgarden, Jerke, Kroger, Putnam, Rave, and Schafer

FOR AN ACT ENTITLED, An Act to revise the factors to be considered in designating the state trunk highway system and to add a section of highway located in Turner County and McCook County to the state trunk highway system consistent with such factors.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 47: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code and to revise certain cross references.

Was read the second time.

The question being “Shall SB 47 pass as amended?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Duenwald; Kloucek; McCracken; 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 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of estheticians.

Was read the second time.

The question being “Shall SB 68 pass?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Duenwald; Kloucek; McCracken; 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.

Sen. Bogue moved that SB 1, 40, 42, 45, 46, 52, and 61 be deferred to Monday, January 24, the 9^th legislative day.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter registration.

Was read the first time and referred to the Committee on Local Government.

HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning absentee ballots.

Was read the first time and referred to the Committee on Local Government.

HB 1019: FOR AN ACT ENTITLED, An Act to make firefighters from nonprofit corporate rural fire departments eligible for state workers compensation when working for the Department of Agriculture.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1021: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

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

HB 1022: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the winter safe maintenance fund.

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

HB 1033: FOR AN ACT ENTITLED, An Act to establish certain provisions with regard to the past tax liability of sellers who agree to collect sales and use tax under the Streamlined Sales and Use Tax Agreement.

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

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the investigation of vehicle dealers.

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

HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of remote service banking.

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

HB 1042: FOR AN ACT ENTITLED, An Act to provide limited immunity to persons that report certain vehicle dealer violations.

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

HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the refund procedures for a purchaser who seeks a return of over-collected sales or use taxes from a seller.

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

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding examination reports of insurers and insurance producers.

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

Sen. Kooistra moved that the Senate do now adjourn, which motion prevailed and at 1:26 p.m. the Senate adjourned.

Patricia Adam, Secretary