JOURNAL OF THE SENATE

EIGHTIETH SESSION  



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 9, 2005

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

     The prayer was offered by the Chaplain, Pastor David Zellmer, followed by the Pledge of Allegiance led by Senate page Amy Tulson.

     Roll Call: All members present.

APPROVAL OF THE JOURNAL


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-first 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.
COMMUNICATIONS AND PETITIONS


February 9, 2005

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 8, 2005, I approved Senate Bills 29, 39, 42, 59, and 89, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 180 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 Taxation respectfully reports that it has had under consideration SB 165 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 177 and returns the same with the recommendation that said bill be amended as follows:

177ta
     On page 2, line 19 of the printed bill, delete " shall " and insert "may".

     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 218 and returns the same with the recommendation that said bill be amended as follows:

218ob
     On page 7, line 6 of the printed bill, delete " . "

     On page 7 , line 10, delete " and " .

     On page 7 , line 11, after " electricity " insert "; and

             (21)    Acquire by condemnation within the state any properties necessary or useful for the authority's purposes. However, the authority may not condemn any existing facilities".

218oa
     On page 14, after line 24 of the printed bill, insert:

    "Section 42. 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."


218ota
     On page 1, line 1 of the printed bill, after " Authority " insert "and to declare an emergency".

     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 Raymond W. Carpenter of Pennington County, Rapid City, South Dakota, as the Assistant Adjutant General, Army 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  130 and 149 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1074, 1083, 1084, and 1126 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 Local Government respectfully reports that it has had under consideration SB 186 and returns the same with the recommendation that said bill be amended as follows:

186fa
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 18-1-11 be amended to read as follows:

     18-1-11.   It is a Class 2 Class 1 misdemeanor for any notary public to affix his or her official signature to documents when the parties have any document if the party has not appeared before him such notary. The court may assess a civil penalty on such notary public, an amount not to exceed one thousand dollars per document, if the documents are related to an election or the election process. Any civil penalty collected pursuant to this section shall be deposited in the county general fund .

     Section 2. That § 18-1-12 be amended to read as follows:

     18-1-12.   It is a Class 2 Class 1 misdemeanor for any notary public to exercise the duties of his office after the expiration of his commission or when he is otherwise disqualified a notary public if the person's commission has expired or the person has been otherwise disqualified as a notary public . "


186tta
     On page 1, line 2 of the printed bill, after " documents " insert "and to establish civil penalties for improper notarization of certain documents".

     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 145 and 205 which were deferred to the 41st Legislative Day.

Respectfully submitted,
J.P. Duniphan, Chair


Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 51 and 209 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 168 and returns the same with the recommendation that said bill be amended as follows:

168ja
     On page 2 , line 11 of the printed bill, after " request " insert ", if medically necessary".

     On page 2 , line 15, delete " arrangements have been made for " .

     On page 2 , line 16, delete " to " and insert "can".

     On page 2, between lines 17 and 18, insert:

    "Any religiously affiliated health care facility is exempt from subdivision (3) of this section. No health care facility is required to provide emergency contraception to a pregnant woman."


     And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 57, 74, and 92 and finds the same correctly enrolled.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 38, 40, 56, and 84 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 9, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair


MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 55 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 57, 74 and 92 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1106, 1148, 1178, 1189, 1201, 1228, 1229, 1234, and 1243 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that the Senate do not concur in House amendments to SB 70 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. Bogue, Gray, and Moore.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Agriculture and Natural Resources on SB 114 as found on page 383 of the Senate Journal ; also

     Education on SB 158 as found on page 381 of the Senate Journal ; also

     Commerce on SB 163 as found on page 384 of the Senate Journal ; also

     Transportation on SB 207 as found on page 382 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 135:   FOR AN ACT ENTITLED, An Act to   increase the promotional fee on wheat.

     Was read the second time.

     The question being "Shall SB 135 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Kloucek

     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 151:   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 second time.

     The question being "Shall SB 151 pass as amended?"

     And the roll being called:

     Yeas 24, Nays 11, Excused 0, Absent 0

     Yeas:
Abdallah; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

     Nays:
Adelstein; Apa; Bartling; Gray; Greenfield; Koetzle; Kooistra; Napoli; Peterson (Jim); Sutton (Dan); Two Bulls

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

     SB 185:   FOR AN ACT ENTITLED, An Act to   revise the calculation of a school district excess general fund balance.

     Was read the second time.

     The question being "Shall SB 185 pass?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

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

     Nays:
Bartling; Duniphan; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Moore; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

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

     SB 191:   FOR AN ACT ENTITLED, An Act to   establish certain conditions related to the issuance of hunting and fishing licenses.

     Was read the second time.

     The question being "Shall SB 191 pass?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0

     Yeas:
Adelstein; Apa; Bartling; Bogue; Duenwald; Duniphan; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

     Nays:
Abdallah; Broderick; Dempster; Earley; Gant; Gray; Kelly; Knudson; McCracken; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1106:   FOR AN ACT ENTITLED, An Act to   revise the duties of certain licensed mental health professionals with regard to certain insanity and guilty-but-mentally-ill proceedings.

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

     HB 1148:   FOR AN ACT ENTITLED, An Act to   provide that certain statements and actions made by health care providers are not admissible to prove negligence in medical malpractice actions.

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

     HB 1178:   FOR AN ACT ENTITLED, An Act to   provide a means to correct errors or omissions made to recorded plats.

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

     HB 1189:   FOR AN ACT ENTITLED, An Act to   clarify the application of certain provisions pertaining to the sale of pistols.

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

     HB 1201:   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.

     HB 1228:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding unemployment insurance.

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


     HB 1229:   FOR AN ACT ENTITLED, An Act to   require standards for certain family day care providers.

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

     HB 1234:   FOR AN ACT ENTITLED, An Act to   revise the conditions where the state may enter into compacts with Indian tribes.

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

     HB 1243:   FOR AN ACT ENTITLED, An Act to   provide for the copying and retention of foreign documentation used to apply for certain state licenses, permits, and identification cards.

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

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

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1002.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. O'Brien, Gordon Pederson, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 70.

Respectfully,
Karen Gerdes, Chief Clerk

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1078:   FOR AN ACT ENTITLED, An Act to   increase the motorcycle safety education fee and to provide for the repeal of the fee.

     Was read the second time.


     The question being "Shall HB 1078 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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.

SIGNING OF BILLS


     The President publicly read the title to

     SB 57: FOR AN ACT ENTITLED, An Act to  establish an intensive residential treatment center as a category of a child welfare agency.

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

     SB 92: FOR AN ACT ENTITLED, An Act to  define a recreation vehicle, to exempt certain recreation vehicles from the maximum width restrictions for a vehicle, and to provide a length limitation for motor vehicles.

     HB 1061: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to the licensing of commercial drivers.

     And signed the same in the presence of the Senate.

     Sen. Abdallah moved that the Senate do now adjourn, which motion prevailed and at 3:06 p.m. the Senate adjourned.

Patricia Adam, Secretary