Senate Journal 02/05/2005 1:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, February 5, 2005

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

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Miranda Phelps.

Roll Call: All members present except Sens. Tom Hansen and Jim Peterson 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 eighteenth 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 Local Government respectfully reports that it has had under consideration SB 150 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 171 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, delete " A majority " and insert "At least two-thirds".

On page 1, line 6 of the printed bill, delete " a " and insert "an".

And that as so amended said bill do pass.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 29, 39, and 59 were delivered to his Excellency, the Governor, for his approval at 8:45 a.m., February 5, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1110, 1111, 1126, 1157, 1171, and 1179 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 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 Whitney Carlson, Emily Haney-Caron, Paige Hemmah, Cassandra Hoy, Emily Jepsen, Karina Joens, David Johnson, Jennifer Lewis, Kelly Lueck, Shawn McFarland, and Miranda Phelps.

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 2 be adopted.

The question being on Sen. Bogue's motion that Senate Page Resolution 2 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Hansen (Tom); Peterson (Jim)

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

Sen. Bogue moved that the Senate do concur in House amendments to SB 42.

Sen. Moore moved as a substitute motion that the Senate do not concur in House amendments to SB 42 and that a conference committee be appointed.

Which motion lost.

The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 42.

And the roll being called:

Yeas 20, Nays 13, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Kelly; Knudson; Koskan; Lintz; McCracken; McNenny; Schoenbeck; Smidt; Sutton (Duane)

Nays:
Bartling; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Moore; Napoli; Nesselhuf; Olson (Ed); Sutton (Dan); Two Bulls

Excused:
Hansen (Tom); Peterson (Jim)

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.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 121: FOR AN ACT ENTITLED, An Act to revise the authority of the Public Utilities Commission to approve the sale or transfer of telecommunications exchanges and to revise the provisions concerning the obligation of telecommunications companies to report consolidations, mergers, and changes to control.

Was read the second time.

The question being "Shall SB 121 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Hansen (Tom); Peterson (Jim)

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

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

Sen. Schoenbeck moved that SB 172 with pending amendment be deferred to Monday, February 7, the 20^th legislative day.

Which motion prevailed.

SB 125: FOR AN ACT ENTITLED, An Act to exempt transfers of funds from certain municipal revenue producing ventures from the calculation of the general fund balance of school districts.

Was read the second time.

The question being "Shall SB 125 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Hansen (Tom); Peterson (Jim)

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

Was read the second time.

The question being "Shall SB 152 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Kloucek; Napoli

Excused:
Hansen (Tom); Peterson (Jim)

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 154: FOR AN ACT ENTITLED, An Act to exempt certain entities from the lending license fees and surety bond requirements.

Was read the second time.

The question being "Shall SB 154 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Hansen (Tom); Peterson (Jim)

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

Was read the second time.

The question being "Shall SB 187 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Hansen (Tom); Peterson (Jim)

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

Was read the second time.

The question being "Shall SB 188 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Hansen (Tom); Peterson (Jim)

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 210: 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 second time.

Sen. Abdallah moved the previous question.

Which motion prevailed.

The question being "Shall SB 210 pass?"

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

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

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

Excused:
Hansen (Tom); Peterson (Jim)

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. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 183 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 221 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the circumstances under which absentee voting is permitted.

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

HB 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the records required to be kept by certain dealers and to require that certain liens be paid by a dealer before a vehicle, snowmobile, mobile or manufactured home, or boat is offered for sale, sold, or exchanged.

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

HB 1126: FOR AN ACT ENTITLED, An Act to remove certain restrictions that apply to the unexpended balances of the unemployment insurance compensation fund established by political subdivisions.

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

HB 1157: FOR AN ACT ENTITLED, An Act to provide for recovery of motor fuel theft.

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

HB 1171: FOR AN ACT ENTITLED, An Act to permit certain dealers or public auctions to sell snowmobiles and vehicles on consignment.

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

HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of vehicle manufactures, franchisors, and dealers.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1002 and 1061 be deferred to Monday, February 7, the 20^th legislative day.

Which motion prevailed.

COMMEMORATION

SC 9 Introduced by: Senator Hundstad and Representatives Dennert and Elliott

A LEGISLATIVE COMMEMORATION, Recognizing and honoring the Dane and Donna Lambert family for their work with the Doland FFA Chapter.

WHEREAS, Becky Lambert, Dane and Donna's daughter, is the South Dakota State FFA President and has represented South Dakota on a European tour promoting FFA principles; and

WHEREAS, the Doland High School lost its FFA advisor due to funding cuts in the school and, Teri Lambert, a sophomore at the Doland High School, has assumed the duties of the FFA advisor with the support of her parents, Dane and Donna Lambert; and

WHEREAS, the community of Doland and the Doland High School are very proud of the Lambert family for undertaking this project even though the school is in danger of losing its FFA charter due to a lack of an official advisor:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that the Dane and Donna Lambert family be recognized and honored for its service to the Doland High School and the community of Doland, South Dakota.

SIGNING OF BILLS

The President publicly read the title to

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

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.

HB 1040: FOR AN ACT ENTITLED, An Act to repeal certain sales and use tax exemptions that conflict with certain statutory exemptions.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the definition of the term, prepared food, for sales and use tax purposes.

HB 1066: FOR AN ACT ENTITLED, An Act to increase the amount of money authorized to contract for the construction of a law enforcement training academy, a criminal forensic laboratory, and a criminal justice and emergency operations center building, to remove the effective date for bonding, to increase the bonding authority, and to declare an emergency.

And signed the same in the presence of the Senate.

Sen. Dempster moved that the Senate do now adjourn, which motion prevailed and at 2:12 p.m. the Senate adjourned.

Patricia Adam, Secretary