Senate Journal 01/27/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 27, 2005

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

The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Cassandra Hoy.

Roll Call: All members present except Sens. McCracken, Smidt, and Two Bulls 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 eleventh 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 JUDICIAL APPOINTMENT

The Senate proceeded to the consideration of the judicial appointment of Michael J. McGreevy of Davison County, Mitchell, South Dakota, to the Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the judicial appointment of Michael J. McGreevy pursuant to the judicial message as found on page 5 of the Senate Journal?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Olson (Ed); Smidt; Two Bulls

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1063 and 1064 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete everything after " . " and insert " Legal costs incurred by a school district as a direct result of providing special education or special education and related services to a child for whom the district is financially responsible are allowable expenditures. The allowable expenditures may include any legal costs incurred by the school district in the referral, evaluation, and placement processes as well as any other legal expenses for which the district is determined to be legally responsible to pay as a result of due process hearings. "

On page 1 , delete lines 7 to 9 , inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1050 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 11 of the printed bill, delete " forty " and insert " one hundred ".

On page 3 , line 12, delete " ten " and insert " twenty-five ".

On page 3 , line 15, delete " forty " and insert " one hundred ".

On page 4 , line 19, before " facility " insert " wind energy ".

And that as so amended said bill do pass.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1021 and 1022 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 5 to 10 , inclusive, and insert:

"32-20A-3. There is no age limitation for the operation of a snowmobile ~~except that~~ . However, no person under the age of ~~sixteen~~ fourteen may drive a snowmobile upon or across a ~~highway~~ roadway as defined in subdivision ~~31-1-5(1) and no person under the age of twelve may drive a snowmobile upon or across~~ 32-14-1(26) of a highway as defined in subdivisions ~~31-1-5(2)~~ 31-1-5(1) to (4), inclusive , except under the immediate direction of a parent, legal guardian, or person who is eighteen years of age or older . A violation of this section is a Class 2 misdemeanor. "

In the previously adopted amendment (74fb) in the second sentence overstrike "upon or".

And that as so amended said bill 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 109 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 89 and HB 1035, 1045, 1046, and 1047 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Mike Broderick, Vice Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 9, 10, 20, 21, and 33 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 9, 10, 20, 21, and 33 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1032, 1076, 1079, 1081, 1083, 1085, 1087, and 1090 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 2: A CONCURRENT RESOLUTION, Supporting youth mentoring programs for South Dakota.

Was read the second time.

Sen. Gant moved that SCR 2 be deferred to Monday, January 31, the 14^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on SB 2 as found on page 180 of the Senate Journal ; also

Taxation on SB 3 as found on page 182 of the Senate Journal ; also

Local Government on SB 86 as found on page 183 of the Senate Journal ; also

Local Government on SB 96 as found on page 183 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 141 Introduced by: Senators Bogue, Broderick, Dempster, Greenfield, Nesselhuf, and Sutton (Dan) and Representatives O'Brien, Boomgarden, Cutler, Deadrick, Dennert, Dykstra, Elliott, and Rave

FOR AN ACT ENTITLED, An Act to authorize consumer power districts to supply or transport natural or artificial gas.

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

SB 142 Introduced by: Senators Knudson, Adelstein, Dempster, and Sutton (Duane) and Representatives Van Etten, Cutler, Frost, Glenski, Hunhoff, McCoy, Miles, Rave, Thompson, and Weems

FOR AN ACT ENTITLED, An Act to increase the tax on cigarettes and other tobacco products, to dedicate the revenue for tobacco prevention and cessation programs and property tax reduction, and to make an appropriation therefor.

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

SB 143 Introduced by: Senator Knudson and Representative O'Brien

FOR AN ACT ENTITLED, An Act to adopt the Uniform Environmental Covenants Act.

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

SB 144 Introduced by: Senator Knudson and Representative Michels

FOR AN ACT ENTITLED, An Act to limit the personal liability of persons in professional corporations and limited liability companies.

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

SB 145 Introduced by: Senators Knudson, Adelstein, Broderick, Duenwald, and Smidt and Representatives Cutler, Glenski, Miles, Murschel, and Thompson

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the authorization of video lottery machine placement in on-sale alcoholic beverage establishments.

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

SB 146 Introduced by: Senator Knudson and Representative Michels

FOR AN ACT ENTITLED, An Act to limit the time for bringing actions against certain professional corporations and professional practitioners.

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

SB 147 Introduced by: Senator Adelstein and Representatives McCoy, Buckingham, Hanks, and McLaughlin

FOR AN ACT ENTITLED, An Act to require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

SB 148 Introduced by: Senators Kloucek, Bartling, Koetzle, Kooistra, and Nesselhuf and Representatives Gassman, Bradford, Elliott, Haley, Hennies, Jensen, Jerke, Kroger, Lange, McCoy, Miles, Street, Thompson, and Valandra

FOR AN ACT ENTITLED, An Act to require an interim study of wind energy.

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

SB 149 Introduced by: Senators Kloucek, Bartling, Koetzle, and Peterson (Jim) and Representatives Lange, Bradford, Elliott, Gassman, Haley, Miles, Thompson, and Valandra

FOR AN ACT ENTITLED, An Act to establish the South Dakota Transmission Authority and to establish its powers.

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

SB 150 Introduced by: Senators Bogue and Nesselhuf and Representatives Rausch, Halverson, Howie, and Kroger

FOR AN ACT ENTITLED, An Act to permit certain services to be provided by municipal officials.

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

SB 151 Introduced by: Senators Hanson (Gary), Abdallah, Broderick, Duenwald, Gant, Greenfield, Hundstad, Koskan, Lintz, Moore, Peterson (Jim), and Sutton (Dan) and Representatives Sigdestad, Dennert, Dykstra, Garnos, Glover, Halverson, Hargens, Hennies, Klaudt, Rhoden, Thompson, and Valandra

FOR AN ACT ENTITLED, An Act to permit the cremation and inurnment of indigents in lieu of burial and to revise and clarify certain provisions regarding indigent funeral expenses.

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

SB 152 Introduced by: Senators Duenwald, Greenfield, Hansen (Tom), and Hanson (Gary) and Representatives Davis, Fryslie, Hackl, Hargens, and Jensen

FOR AN ACT ENTITLED, An Act to provide the secretary of agriculture with certain rule-making and enforcement powers to regulate seed.

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

SB 153 Introduced by: Senators Dempster, Abdallah, Adelstein, Duniphan, Gray, McCracken, Nesselhuf, and Two Bulls and Representatives Miles, Brunner, Halverson, Kroger, McCoy, Rounds, Schafer, and Weems

FOR AN ACT ENTITLED, An Act to authorize certain dental hygienists to perform limited services to persons not currently under the care of a dentist.

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

SB 154 Introduced by: Senators Kelly, Broderick, Dempster, Gant, Hansen (Tom), and Napoli and Representatives Weems, Cutler, Dykstra, Krebs, and Kroger

FOR AN ACT ENTITLED, An Act to exempt certain entities from the requirement to obtain lending licenses.

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

SB 155 Introduced by: Senators Kelly, Broderick, Dempster, Gant, Hansen (Tom), and Napoli and Representatives Weems, Cutler, Dykstra, Gillespie, Krebs, and Kroger

FOR AN ACT ENTITLED, An Act to specifically exempt certain political subdivisions from the imposition of the sales and use tax.

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

SB 156 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to encumber moneys appropriated as state aid to general education.

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

SB 157 Introduced by: The Committee on Education at the request of the Governor

FOR AN ACT ENTITLED, An Act to increase the per student allocation in the state aid to education formula.

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

SB 158 Introduced by: Senators Olson (Ed), Adelstein, Bartling, Duniphan, and Koetzle and Representatives Buckingham, Dykstra, Haverly, Klaudt, Michels, Murschel, and Roberts

FOR AN ACT ENTITLED, An Act to provide for the certification of distance learning providers, to establish a distance learning grant program for students, and to make an appropriation therefor.

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

SB 159 Introduced by: Senators Bogue, Koskan, and Schoenbeck and Representatives Rhoden, Dykstra, and Michels

FOR AN ACT ENTITLED, An Act to authorize the President Pro Tempore to appoint certain members of the Interim Rules Review Committee.

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

SB 160 Introduced by: Senators Kloucek, Bartling, Koetzle, Kooistra, Moore, Napoli, and Peterson (Jim) and Representatives Gassman, Bradford, Dennert, Elliott, Haley, Jensen, Lange, McCoy, Miles, Street, and Valandra

FOR AN ACT ENTITLED, An Act to exempt certain energy production facilities from property taxation for a certain period of time.

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

SB 161 Introduced by: Senators Bartling and Dempster and Representatives Roberts and Elliott

FOR AN ACT ENTITLED, An Act to make an appropriation to the state library to support information literacy skills.

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

SB 162 Introduced by: Senator Dempster and Representative Miles

FOR AN ACT ENTITLED, An Act to revise the requirements for physician licensure under certain circumstances.

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

SB 163 Introduced by: Senators Dempster, Broderick, Earley, McCracken, and Schoenbeck and Representatives Vehle, Murschel, O'Brien, and Peters

FOR AN ACT ENTITLED, An Act to exempt certain multiple employer welfare arrangements from unauthorized insurers process provisions.

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

SB 164 Introduced by: Senators McNenny, Apa, Hansen (Tom), Hundstad, Koskan, Lintz, and Napoli and Representatives Jensen, Brunner, Pederson (Gordon), and Rhoden

FOR AN ACT ENTITLED, An Act to repeal certain provisions related to the reporting of livestock contracts.

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

SB 165 Introduced by: Senators McNenny, Apa, Broderick, Gray, Kelly, McCracken, and Smidt and Representatives Frost, Brunner, Hennies, Hills, Valandra, Wick, and Willadsen

FOR AN ACT ENTITLED, An Act to impose a sales and use tax on certain advertising services and to dedicate the revenue received.

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

SB 166 Introduced by: Senators Adelstein, Knudson, Kooistra, Nesselhuf, and Two Bulls and Representatives Murschel, Bradford, Elliott, Halverson, Hanks, McLaughlin, and Thompson

FOR AN ACT ENTITLED, An Act to provide that health education be factual, medically accurate, and objective.

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

SB 167 Introduced by: Senators Adelstein and Two Bulls and Representatives Van Norman, Bradford, Elliott, McLaughlin, and Thompson

FOR AN ACT ENTITLED, An Act to provide health insurance coverage for contraceptive drugs and devices.

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

SB 168 Introduced by: Senators Adelstein, Broderick, Knudson, Nesselhuf, and Two Bulls and Representatives Murschel, Bradford, Elliott, Halverson, Thompson, Valandra, and Van Norman

FOR AN ACT ENTITLED, An Act to ensure appropriate emergency health care for certain rape survivors and to require health care facilities and the Department of Health to provide information to certain rape survivors.

Was read the first time and referred to the Committee on Health and Human Services.

SB 169 Introduced by: Senators Dempster, Bartling, Duenwald, Gant, Olson (Ed), and Sutton (Dan) and Representatives Heineman, Boomgarden, Cutler, Dykstra, Frost, Hunhoff, Michels, Miles, and Rave

FOR AN ACT ENTITLED, An Act to require hospitals to report the charges for certain diagnostic-related groups.

Was read the first time and referred to the Committee on Health and Human Services.

SB 170 Introduced by: Senators Schoenbeck, Bartling, Greenfield, Kooistra, Moore, Peterson (Jim), and Sutton (Dan) and Representatives Schafer, Cutler, Elliott, Faehn, Haley, Halverson, Hennies, Kroger, Murschel, and Turbiville

FOR AN ACT ENTITLED, An Act to revise the index factor for determining the per student allocation for school districts.

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

SB 171 Introduced by: Senators Schoenbeck and Sutton (Dan) and Representatives Murschel, McLaughlin, Roberts, and Valandra

FOR AN ACT ENTITLED, An Act to prohibit certain officials from voting if a conflict of interest exists.

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

SB 172 Introduced by: Senators Schoenbeck, Apa, Bartling, Bogue, Earley, Hundstad, and Napoli and Representatives Klaudt, Haverly, Peters, and Rausch

FOR AN ACT ENTITLED, An Act to limit the contributions of any person to a political action committee.

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

SB 173 Introduced by: Senators Koetzle and Kooistra and Representatives Haley and Cutler

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the minimum wage for tipped employees.

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

SB 174 Introduced by: Senators Koetzle and Kloucek and Representatives Haley and Miles

FOR AN ACT ENTITLED, An Act to provide for certain increases in the state minimum wage.

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

SB 175 Introduced by: Senators Napoli, 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, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Haverly, Boomgarden, Bradford, Brunner, Buckingham, Cutler, Davis, Deadrick, Dennert, Dykstra, Elliott, Faehn, Frost, Fryslie, Garnos, Gassman, Gillespie, Glenski, Hackl, Haley, Halverson, Hanks, Hargens, Hennies, Hills, Howie, Hunhoff, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, Lange, McCoy, McLaughlin, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Peters, Putnam, Rausch, Rave, Roberts, Rounds, Schafer, Sebert, Sigdestad, Street, Thompson, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Weems, Wick, and Willadsen

FOR AN ACT ENTITLED, An Act to provide for the removal of certain noncommercial motor vehicle license plates from a motor vehicle if the ownership of the vehicle is transferred and to make an appropriation to provide for the administration thereof.

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

SB 176 Introduced by: Senators Broderick, Abdallah, Kelly, Koetzle, and Sutton (Dan) and Representatives Sebert, Elliott, Faehn, Hunt, Krebs, Kroger, Pederson (Gordon), Rounds, Schafer, Street, and Willadsen

FOR AN ACT ENTITLED, An Act to provide for the recovery of amounts paid by an insurance company to the Insurance Guaranty Association through the use of a premium surcharge.

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

SB 177 Introduced by: Senators McCracken, Bartling, Bogue, Broderick, Knudson, Koskan, and Sutton (Dan) and Representatives Dykstra, Cutler, Dennert, Garnos, Gillespie, Glenski, Hargens, Miles, Olson (Ryan), Rave, Rhoden, Rounds, and Schafer

FOR AN ACT ENTITLED, An Act to provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

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

SB 178 Introduced by: Senators Schoenbeck and Gray and Representatives Murschel, Cutler, Faehn, and Koistinen

FOR AN ACT ENTITLED, An Act to provide for the creation of county interdisciplinary child information teams and to regulate their memberships, authority, and responsibilities.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Broderick requested that SB 53 be removed from the Consent Calendar.

Sen. Knudson requested that HB 1008 be removed from the Consent Calendar.

Sen. Moore requested that SB 56 be removed from the Consent Calendar.

SB 24: FOR AN ACT ENTITLED, An Act to condition certification of nonparticipating manufacturers selling tobacco products upon provision of consent to be sued in state courts for enforcement of tobacco statutes.

Was read the second time.

The question being "Shall SB 24 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; 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 39: FOR AN ACT ENTITLED, An Act to repeal the requirement for tuberculosis screening for school students and employees.

Was read the second time.

The question being "Shall SB 39 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; 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 83: FOR AN ACT ENTITLED, An Act to revise the seller's property condition disclosure statement.

Was read the second time.

The question being "Shall SB 83 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; 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.

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

Was read the second time.

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 26: FOR AN ACT ENTITLED, An Act to provide monetary penalties for failure of tobacco distributors and wholesalers to comply with certain cigarette regulations.

Was read the second time.

Sen. Knudson moved that SB 26 be amended as follows:

On page 2, line 2 of the printed bill, after " section. " insert " Any monetary penalty collected pursuant to this section shall be deposited in the state general fund. "

On page 2 , line 15, after " wholesaler. " insert " Any monetary penalty collected pursuant to this section shall be deposited in the state general fund. "

Which motion prevailed.

The question being "Shall SB 26 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; 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 37: FOR AN ACT ENTITLED, An Act to to reauthorize a grant program within the Department of Health for the purchase of equipment and materials for mosquito prevention and control efforts at the local level and to declare an emergency.

Was read the second time.

The question being "Shall SB 37 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; 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.

SB 38: FOR AN ACT ENTITLED, An Act to continue the moratorium on new nursing facility beds.

Was read the second time.

Sen. Ed Olson moved that SB 38 be deferred to Monday, January 31, the 14^th legislative day.

Which motion prevailed.

SB 66: FOR AN ACT ENTITLED, An Act to provide certain options to school boards in reorganization and to increase the percentage of voters necessary to petition for school district reorganization.

Was read the second time.

Sen. Knudson moved that SB 66 be further amended as follows:

On page 1, line 11 of the Senate Education Committee engrossed bill, delete " thirty " and insert " the lesser of one thousand registered voters or twenty ".

Sen. Moore moved as a substitute motion that SB 66 be further amended as follows:

On page 1, line 11 of the Senate Education Committee engrossed bill, remove the overstrikes from " ~~fifteen~~ " .

On page 1 , line 11, delete " thirty " .

Sen. Moore requested a roll call vote.

Which request was supported.

The question being on Sen. Moore's substitute motion that SB 66 be further amended.

And the roll being called:

Yeas 9, Nays 23, Excused 3, Absent 0

Yeas:
Apa; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Napoli; Nesselhuf; Peterson (Jim)

Nays:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; Lintz; McNenny; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane)

Excused:
McCracken; Smidt; Two Bulls

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. Knudson's motion to further amend SB 66.

Which motion prevailed.

Sen. Ed Olson moved that SB 66 be further amended as follows:

On page 2, after line 9 of the Senate Education Committee engrossed bill, insert:

"Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Which motion prevailed.

The question now being "Shall SB 66 pass as amended?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

Yeas:
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; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

Nays:
Moore

Excused:
McCracken; Smidt; 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.

The question being on the title.

Sen. Ed Olson moved that the title to SB 66 be amended as follows:

On page 1, line 2 of the Senate Education Committee engrossed bill, delete " and " and insert ",".

On page 1 , line 3, after " reorganization " insert ", and to declare an emergency".

Which motion prevailed and the title was so amended.

SB 75: FOR AN ACT ENTITLED, An Act to designate official state railroad museums and to provide for additional museum sites.

Was read the second time.

Sen. Duane Sutton moved that SB 75 be deferred to Monday, January 31, the 14^th legislative day.

Which motion prevailed.

President Pro tempore Schoenbeck now presiding.

SB 79: FOR AN ACT ENTITLED, An Act to update certain provisions regarding the definition of impairment for workers' compensation purposes.

Was read the second time.

The question being "Shall SB 79 pass?"

And the roll being called:

Yeas 18, Nays 13, Excused 4, Absent 0

Yeas:
Bartling; Bogue; Broderick; Dempster; Earley; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Lintz; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan)

Nays:
Abdallah; Adelstein; Apa; Duenwald; Duniphan; Gant; Gray; Greenfield; Kelly; Koskan; McNenny; Napoli; Sutton (Duane)

Excused:
Kooistra; McCracken; Smidt; 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 84: FOR AN ACT ENTITLED, An Act to revise the definition of victims who may address the court before sentencing is imposed.

Was read the second time.

The question being "Shall SB 84 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Kooistra; McCracken; Smidt; 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.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1032: FOR AN ACT ENTITLED, An Act to revise cancer reporting requirements.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1076: FOR AN ACT ENTITLED, An Act to permit certain public entities to establish the maximum indemnity for their officers and employees.

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

HB 1079: FOR AN ACT ENTITLED, An Act to repeal certain executed and superceded mining statutes.

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

HB 1081: FOR AN ACT ENTITLED, An Act to allow a school district to maintain permanent school records electronically rather than on microfilm.

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

HB 1083: FOR AN ACT ENTITLED, An Act to exempt certain utility and street contracts from competitive bid requirements.

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

HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain payments and receipt of payments for registering and assisting voters and to establish certain penalties.

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

HB 1087: FOR AN ACT ENTITLED, An Act to require certain voter registration forms to be filed within an established time frame and to establish certain penalties.

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

HB 1090: FOR AN ACT ENTITLED, An Act to allow debt cancellation contract and debt suspension contract fees to be included in consumer installment sales contracts.

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

COMMEMORATION

SC 7 Introduced by: Senators Bogue, Apa, Broderick, Hundstad, Kooistra, Nesselhuf, Smidt, and Sutton (Duane) and Representatives Turbiville, Boomgarden, Dennert, Dykstra, Elliott, Frost, Gillespie, Hills, Klaudt, Kroger, Novstrup, O'Brien, Rave, Schafer, and Tidemann

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2003-2004 Outstanding School Administrators of South Dakota: Mark Froke, Vermillion, School Superintendents Association; Janet Karel, McCook Central/Salem, Business Officials Association; Betty Ann Bringman, Eagle Butte, Elementary School Principals Association; Dan Leikvold, Spearfish, Secondary School Principals Association; Suzanne Hegg, Sioux Valley/Volga, Secondary/Middle School Principals Association; Peggy Blair, Aberdeen, Association of Supervision and Curriculum Development; and Dean Lindstrom, SE Area Coop-Beresford, South Dakota Council of Administrators of Special Education for being named outstanding administrators by their respective administrator parent groups.

WHEREAS, these administrators have been elected by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these seven educational administrators is two hundred years;

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of education administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Mark Froke, Janet Karel, Betty Ann Bringman, Dan Leikvold, Suzanne Hegg, Peggy Blair, and Dean Lindstrom be named as official representatives of the School Administrators of South Dakota and continue their efforts to improve the educational opportunities for the citizens of the state.

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 28, the 13^th legislative day.

Which motion prevailed.

Sen. Broderick moved that the Senate do now adjourn, which motion prevailed and at 3:31 p.m. the Senate adjourned.

Patricia Adam, Secretary