Senate Journal 01/31/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 31, 2005

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

The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate page David Johnson.

Roll Call: All members present except Sen. Kelly who was 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 thirteenth 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 126 and 159 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 State Affairs respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 4 of the printed bill, delete " and " .

On page 3 , line 6, before " . " insert:

" ; and

(17) Promulgate rules pursuant to chapter 1-26 to establish application fees and initial system audit fees that shall be used to conduct the background investigation of the applicant and the initial system audit of the multi-jurisdictional totalizator hub. If the commission or the executive secretary determines that the actual cost of the background investigation or initial system audit will exceed the amount of the fees paid, the commission may assess the actual cost of the background investigation or initial system audit, including the costs for personnel and travel, against the applicant ".

On page 4 , delete lines 5 to 18 , inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " one " and insert "five".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Karl Adam of Hughes County, Pierre, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James C. Roby of Codington County, Watertown, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 91 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 105, 120, and 134 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 13 of the printed bill, after " concerned. " insert " Any contract between a rural fire protection district and a nonprofit corporation that was entered into prior to the effective date of this Act, and which now complies with the provisions of this section is hereby declared to be valid and legal. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 14 of the printed bill, after " decision " insert " unless otherwise specified by ordinance ".

On page 2 , line 7, after " decision " insert " unless otherwise specified by ordinance ".

On page 2 , line 18, after " decision " insert " unless otherwise specified by ordinance ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

On page 2, after line 1 of the printed bill, insert:

"Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

On page 1, line 2 of the printed bill, after " process " insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 99 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9 of the printed bill, after " county. " insert " No interest may accrue or be paid on any deposit made pursuant to this section. "

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

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 178 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 HB 1039 and 1070 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 7, 22, 30, 47, and 49 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 1, 7, 22, 30, 47, and 49 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Abdallah moved that the Senate do concur in House amendments to SB 54.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 54.

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; 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; Kelly

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.

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

Having had its second reading was up for consideration.

Sen. Smidt moved that SCR 2 as found on page 184 of the Senate Journal be adopted.

The question being on Sen. Smidt's motion that SCR 2 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Abdallah; Apa; Kelly

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

SCR 3: A CONCURRENT RESOLUTION, Recognizing October fifteenth as Pregnancy and Infant Loss Remembrance Day.

Was read the second time.

Sen. Ed Olson moved that SCR 3 as found on page 221 of the Senate Journal be adopted.

The question being on Sen. Olson's motion that SCR 3 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Abdallah; Apa; Kelly

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

HCR 1003: A CONCURRENT RESOLUTION, Expressing the gratitude of South Dakota to Thomas A. Daschle for his distinguished service to state and nation.

Was read the second time.

Sen. Koetzle moved that the Senate do concur in HCR 1003 as found on page 171 of the House Journal.

The question being on Sen. Koetzle's motion that the Senate do concur in HCR 1003.

And the roll being called:

Yeas 28, Nays 2, Excused 5, Absent 0

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

Nays:
Earley; McNenny

Excused:
Abdallah; Apa; Greenfield; Kelly; Napoli

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

HCR 1004: A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

Was read the second time.

Sen. Gray moved that the Senate do concur in HCR 1004 as found on page 171 of the House Journal.

The question being on Sen. Gray's motion that the Senate do concur in HCR 1004.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Apa; Greenfield; Kelly; Napoli

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

HCR 1005: A CONCURRENT RESOLUTION, Concerning endorsement of the participation of Taiwan in the World Health Organization.

Was read the second time.

Sen. Gray moved that the Senate do concur in HCR 1005 as found on page 172 of the House Journal.

The question being on Sen. Gray's motion that the Senate do concur in HCR 1005.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Apa; Kelly

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 34 as found on page 229 of the Senate Journal ; also

State Affairs on SB 110 as found on page 218 of the Senate Journal ; also

Taxation on HB 1043 as found on page 219 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 185 Introduced by: Senators Knudson, Bogue, and Olson (Ed) and Representatives Frost, Dennert, Gillespie, Hackl, Hargens, and McLaughlin

FOR AN ACT ENTITLED, An Act to revise the calculation of a school district excess general fund balance.

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

SB 186 Introduced by: Senator Nesselhuf and Representative Hargens

FOR AN ACT ENTITLED, An Act to revise the penalties for the improper notarization of certain documents pertaining to elections or the election process.

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

SB 187 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons.

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

SB 188 Introduced by: The Committee on Appropriations at the request of the Governor

FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2005 for education enhancement.

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

SB 189 Introduced by: Senators Apa, Gray, Greenfield, and Napoli and Representatives Rounds, Davis, Dennert, Dykstra, Garnos, Hackl, Hargens, Hunhoff, Klaudt, Putnam, Rhoden, and Tidemann

FOR AN ACT ENTITLED, An Act to appropriate money to the Association of County Commissioners for the coordination of 911 services.

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

SB 190 Introduced by: Senators Bartling, Apa, Greenfield, Moore, and Napoli and Representatives Klaudt, Fryslie, Garnos, Glover, Novstrup, Pederson (Gordon), Turbiville, and Willadsen

FOR AN ACT ENTITLED, An Act to prohibit the issuance of certain hunting and fishing licenses using the internet.

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

SB 191 Introduced by: Senators Moore and Koskan and Representatives Hargens, Pederson (Gordon), and Rhoden

FOR AN ACT ENTITLED, An Act to establish certain conditions related to the issuance of hunting and fishing licenses.

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

SB 192 Introduced by: Senators Hansen (Tom) and Nesselhuf and Representatives Garnos, Elliott, Kroger, and O'Brien

FOR AN ACT ENTITLED, An Act to establish wine shipper licenses and to provide for certain shipments of wine.

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

SB 193 Introduced by: Senators Greenfield, Abdallah, Apa, Bartling, Dempster, Duenwald, Duniphan, Earley, Gant, Gray, Hansen (Tom), Hanson (Gary), Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Peterson (Jim), Schoenbeck, Smidt, Sutton (Duane), and Two Bulls and Representatives Weems, Brunner, Buckingham, Davis, Deadrick, Dykstra, Frost, Fryslie, Garnos, Glenski, Hackl, Hargens, Howie, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Miles, Nelson, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Street, Tornow, Van Etten, and Wick

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the performance of abortions on unemancipated minors and those found to be incompetent.

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

SB 194 Introduced by: Senators Moore, Abdallah, Gray, and Nesselhuf and Representatives Weems, Fryslie, Haley, Hennies, Klaudt, Olson (Ryan), Rounds, and Tidemann

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding abandoned motor vehicles.

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

SB 195 Introduced by: Senators Dempster, Abdallah, Bartling, Broderick, Knudson, Olson (Ed), Schoenbeck, and Sutton (Dan) and Representatives Krebs, Gillespie, Glenski, Murschel, Rave, Roberts, Street, and Thompson

FOR AN ACT ENTITLED, An Act to permit certain licensed agents of the Department of Revenue and Regulation to collect and retain authorized convenience fees for the performance of certain duties in lieu of administrative costs.

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

SB 196 Introduced by: Senators Gray, Adelstein, Duniphan, Kelly, and Knudson and Representatives Turbiville, Cutler, Hennies, and Weems

FOR AN ACT ENTITLED, An Act to authorize an additional municipal non-ad valorem tax on accommodations, food, and alcoholic beverages for certain purposes.

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

SB 197 Introduced by: Senators McNenny, Bogue, and Hanson (Gary) and Representative Gillespie

FOR AN ACT ENTITLED, An Act to clarify who may transfer personal property held in joint tenancy.

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

SB 198 Introduced by: Senator Kloucek

FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, and to prescribe a penalty therefor.

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

SB 199 Introduced by: Senators Kloucek and Kooistra and Representatives Van Norman, Lange, and Sigdestad

FOR AN ACT ENTITLED, An Act to expand eligibility for the health insurance risk pool.

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

SB 200 Introduced by: Senators Kloucek, Hanson (Gary), Hundstad, Koetzle, Kooistra, and Moore and Representatives Jensen, Boomgarden, Gassman, Glover, Haley, Jerke, Kroger, Schafer, Sigdestad, Thompson, and Valandra

FOR AN ACT ENTITLED, An Act to revise the labeling requirements for certain types of motor fuel.

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

SB 201 Introduced by: Senator Olson (Ed) and Representative Wick

FOR AN ACT ENTITLED, An Act to establish a procedure to resolve certain construction defect disputes.

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

SB 202 Introduced by: Senators Bogue, Apa, Bartling, Duniphan, Gray, Greenfield, Koskan, Lintz, McNenny, Moore, Napoli, Olson (Ed), and Sutton (Dan) and Representatives Rave, Buckingham, Cutler, Dennert, Dykstra, Garnos, Hanks, Haverly, Klaudt, McLaughlin, Murschel, Novstrup, Putnam, Rhoden, and Rounds

FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to general education and make an appropriation.

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

SB 203 Introduced by: Senators Duenwald, Abdallah, Apa, Bartling, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Kooistra, Koskan, Lintz, McNenny, Moore, Napoli, Peterson (Jim), Schoenbeck, Smidt, and Sutton (Duane) and Representatives Dykstra, Brunner, Buckingham, Davis, Deadrick, Frost, Fryslie, Garnos, Hackl, Howie, Hunhoff, Hunt, Jensen, Klaudt, Koistinen, Kraus, Krebs, Lange, McCoy, Miles, Nelson, Olson (Ryan), Pederson (Gordon), Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Van Etten, Weems, and Wick

FOR AN ACT ENTITLED, An Act to prohibit the performance of abortions, except to save the life of the mother, and to provide a penalty therefor and to provide for a delayed effective date.

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

SB 204 Introduced by: Senators Duenwald, Abdallah, Bartling, Duniphan, Gray, Greenfield, Hansen (Tom), Koetzle, Koskan, McNenny, Moore, Schoenbeck, Smidt, and Sutton (Dan) and Representatives Miles, Brunner, Frost, Fryslie, Gassman, Hackl, Hargens, Hunt, Jerke, Koistinen, Kraus, McCoy, Rausch, Rave, and Van Etten

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding living wills and health care decisions by agents.

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

SB 205 Introduced by: Senators Kooistra and Kloucek and Representatives Lange and Gillespie

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the referral of acts, determinations, or decisions made by the governing bodies of counties or municipalities.

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

SB 206 Introduced by: Senators Sutton (Dan), Bartling, Broderick, Gant, Kelly, Moore, and Schoenbeck and Representatives Wick, Gassman, Haley, Heineman, McCoy, McLaughlin, Schafer, and Sebert

FOR AN ACT ENTITLED, An Act to prohibit the imposition of certain death sentences if the defendant is not a serious and continuing threat to the lives of others.

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

SB 207 Introduced by: Senators Apa, Greenfield, Hansen (Tom), Hundstad, Knudson, McNenny, and Napoli and Representatives Novstrup, Glover, Hargens, Weems, and Wick

FOR AN ACT ENTITLED, An Act to revise certain mobile and manufactured home provisions related to taxation, fees, titling, and penalties.

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

SB 208 Introduced by: Senators Gray, Abdallah, Bogue, Duniphan, Greenfield, Kelly, Koskan, Moore, Napoli, and Sutton (Duane) and Representatives Garnos, Hanks, Jensen, Krebs, Olson (Ryan), and Rounds

FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to establish higher maximum speed limits on divided four-lane highways in rural areas.

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

SB 209 Introduced by: The Committee on Health and Human Services at the request of the Governor

FOR AN ACT ENTITLED, An Act to revise the number of dentists eligible to participate in the dental tuition reimbursement program.

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

SB 210 Introduced by: Senators Knudson, Apa, Bogue, and Schoenbeck and Representatives Turbiville, Cutler, Deadrick, Dykstra, Hills, Hunt, Kraus, Rave, and Rhoden

FOR AN ACT ENTITLED, An Act to revise the conditions under which the state may enter into gaming compacts with Indian tribes.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Knudson requested that SB 112 be removed from the Consent Calendar.

Sen. Kloucek requested that HB 1040 be removed from the Consent Calendar.

SB 74: FOR AN ACT ENTITLED, An Act to revise certain restrictions concerning the operation of snowmobiles.

Was read the second time.

The question being "Shall SB 74 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Kelly

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 1037: FOR AN ACT ENTITLED, An Act to revise the definition of a bad debt and modify the circumstances under which a bad debt may be deducted for taxation purposes.

Was read the second time.

The question being "Shall HB 1037 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 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 second time.

The question being "Shall HB 1044 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 1071: FOR AN ACT ENTITLED, An Act to expand the time within which a judge may extend clemency or reduce a sentence.

Was read the second time.

The question being "Shall HB 1071 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 1072: FOR AN ACT ENTITLED, An Act to permit magistrate judges to order a transcript of a grand jury proceeding.

Was read the second time.

The question being "Shall HB 1072 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 2: FOR AN ACT ENTITLED, An Act to revise the procedure for assessing certain agricultural property.

Having had its second reading was up for consideration and final passage.

Sen. Bogue moved that SB 2 and 3 be deferred to Tuesday, February 1, the 15^th legislative day.

Which motion prevailed.

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the authority of the Public Utilities Commission with regard to wind energy facilities.

Was read the second time.

The question being "Shall SB 17 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 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.

Was read the second time.

Sen. Abdallah moved the previous question.

Which motion prevailed.

The question being "Shall SB 36 pass?"

And the roll being called:

Yeas 26, Nays 6, Excused 3, Absent 0

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

Nays:
Adelstein; Bogue; Earley; Koetzle; Kooistra; Moore

Excused:
Apa; Kelly; Nesselhuf

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

Having had its second reading was up for consideration and final passage.

Sen. Adelstein moved that SB 38 be amended as follows:

On page 2, after line 5 of the printed bill, insert:

"Section 3. Notwithstanding the provisions of this Act, the Governor may approve no more than three new nursing facilities to be constructed, operated, and maintained in an area if the facility is to be located on an American Indian reservation and is required to serve a local population previously unserved through lack of nursing facilities within a forty-five-mile radius. No more than one such nursing facility may be located within the same American Indian reservation, and the number of beds in the nursing facility may not exceed fifty. The nursing facility shall meet the specifications of chapter 34-12 for a licensed nursing facility in order to participate in the medicaid program."

Sen. Koskan moved that Sen. Adelstein's motion to amend SB 38 be laid on the table.

Which motion prevailed.

Sen. Nesselhuf moved that SB 38 be amended as follows:

On page 2, after line 5 of the printed bill, insert:

"Section 3. This Act is repealed on July 1, 2007."

Sen. Kloucek requested a roll call vote.

Which request was supported.

The question being on Sen. Nesselhuf's motion that SB 38 be amended.

And the roll being called:

Yeas 10, Nays 24, Excused 1, Absent 0

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

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

Excused:
Kelly

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

The question being "Shall SB 38 pass?"

And the roll being called:

Yeas 24, Nays 10, Excused 1, Absent 0

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

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

Excused:
Kelly

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 46: FOR AN ACT ENTITLED, An Act to modify the requirements for closed block individual health benefit plans.

Having had its second reading was up for consideration and final passage.

Sen. Dan Sutton moved that SB 46 be amended as follows:

On page 1, line 15 of the printed bill, delete " ; and " and insert " . "

On page 1 , after line 15, insert:

"Approval of the disease management program may not be denied if the carrier meets the requirements of subdivisions (1) and (2). The director shall promulgate rules pursuant to chapter 1-26 to define the concepts, effective disease management and demonstration of actual cost savings."

On page 2 , delete lines 1 and 2 .

On page 2 , line 21, delete everything after " adopt " and insert "."

On page 2 , delete line 22 .

Which motion prevailed.

The question being "Shall SB 46 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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

Was read the second time.

The question being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Abdallah; Kelly

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

Having had its second reading was up for consideration and final passage.

Sen. Duane Sutton moved that SB 75 be laid on the table.

The question being on Sen. Sutton's motion that SB 75 be laid on the table.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Kelly

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

SB 78: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the taxes electric cooperatives pay to certain municipalities.

Was read the second time.

The question being "Shall SB 78 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 86: FOR AN ACT ENTITLED, An Act to revise the compensation for deputy coroners.

Was read the second time.

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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 96: FOR AN ACT ENTITLED, An Act to allow municipalities to offer full food services at certain licensed municipal facilities and to declare an emergency.

Was read the second time.

The question being "Shall SB 96 pass as amended?"

And the roll being called:

Yeas 24, Nays 10, Excused 1, Absent 0

Yeas:
Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Kloucek; Knudson; Koetzle; Kooistra; Koskan; McCracken; McNenny; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan); Two Bulls

Nays:
Abdallah; Apa; Greenfield; Hundstad; Lintz; Moore; Napoli; Peterson (Jim); Smidt; Sutton (Duane)

Excused:
Kelly

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 97: FOR AN ACT ENTITLED, An Act to establish a maximum value for certain protected homesteads.

Was read the second time.

The question being "Shall SB 97 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Kelly

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

Was read the second time.

Sen. Bogue moved that SB 98 be deferred to Tuesday, February 1, the 15^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1031 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 57 and HB 1030 and 1032 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 Health and Human Services respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 22 of the printed bill, delete " person " and insert "employee of the state vital records office, local registrar, or deputy registrar".

On page 3 , line 23, after the first "record" delete " , " and insert "or".

On page 3 , line 23, delete " , or copy " .

On page 4 , line 7, after " the " insert "application and fee".

On page 2 of the printed bill, delete lines 1 to 9 , inclusive, and insert:

" ~~Certified~~ Informational copies of birth records shall be available to any person who can identify the birth record by providing the name of the person on the birth record, the date of birth, the mother's maiden name, or additional information required to locate the record. Nothing in this section prohibits the release of information contained on a birth record which would not identify any person named in the record.

If one hundred years have elapsed after the date of birth, the records of the birth in the custody of the department shall become available to the public without restriction. The department shall promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records."

On page 2 , line 22, after " right " insert " . The department or authorized local registrars shall upon receipt of an application, issue informational copies to any applicant of any vital record ".

On page 3 , line 6, after " certified " insert "and informational".

On page 3 , line 8, after " certified " insert "and an informational".

On page 3 , line 9, delete " security " .

On page 3 , line 10, after " certified " insert "or informational".

On page 4 , delete lines 1 to 9 , inclusive.

On page 4 , line 24, after " registrar, " insert "intentionally".

On page 5 , after line 13, insert:

"Section 9. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:

No employee of the state vital records office, local registrar, or deputy registrar may be held personally liable for any unintentional issuance of any certified copy of any vital record fraudulently obtained."

On the previously adopted amendment (41jb), on the second instruction, after " record " insert " . The department or authorized local registrar may withhold the immediate issuance of any copy for a period of no longer than three days ".

And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1008, 1019, and 1033 be deferred to Tuesday, February 1, the 15^th legislative day.

Which motion prevailed.

HB 1055: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of settlement expenses to SDDS, Inc., and to declare an emergency.

Was read the second time.

Sen. Nesselhuf moved that HB 1055 be further amended as follows:

On page 1, line 4 of the House Appropriations Committee engrossed bill, delete " general fund " and insert "budget reserve fund".

Which motion lost.

The question being "Shall HB 1055 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; 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:
Kelly

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.

SIGNING OF BILLS

The President publicly read the title to

SB 1: FOR AN ACT ENTITLED, An Act to revise the method used to determine the capacity of land to produce agricultural products.

SB 7: FOR AN ACT ENTITLED, An Act to revise the notice requirements for road district elections.

SB 22: FOR AN ACT ENTITLED, An Act to change the agency required to provide certain information regarding the value of railroad property.

SB 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding creditable health insurance coverage.

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.

SB 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding payments or assignments by insurance producers for referrals.

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

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

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

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

HB 1045: FOR AN ACT ENTITLED, An Act to provide for the continuance of coverage for dependents on certain health insurance policies.

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

HB 1047: FOR AN ACT ENTITLED, An Act to authorize premium discounts for small employers who meet certain carrier participation requirements.

HB 1050: FOR AN ACT ENTITLED, An Act to provide that residents under sixteen years of age are not required to obtain a resident wholesale bait dealer license.

HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain administrative rule-making authority regarding education for gifted children.

HB 1064: FOR AN ACT ENTITLED, An Act to remove the requirement for a certificate of health for certain persons with continuing contracts in a consolidated school district.

And signed the same in the presence of the Senate.

Sen. Duniphan moved that the Senate do now adjourn, which motion prevailed and at 4:04 p.m. the Senate adjourned.

Patricia Adam, Secretary