Senate Journal 02/15/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 15, 2005

The Senate convened at 2:00 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 Lisa Jarovski.

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-fifth 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 14, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on February 14, 2005, I approved Senate Bill 55 and the same has 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 Transportation respectfully reports that it has had under consideration HB 1242 and 1243 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1201 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 Transportation respectfully reports that it has had under consideration SB 194 and 200 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1090 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 HB 1094 and 1115 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 Commerce respectfully reports that it has had under consideration SB 182 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill be amended as follows:

67ra

On page 46, after line 6 of the printed bill, insert:

"Section 103. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

A first conviction under § 22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under § 22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least ten years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under § 22-42-2 shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor shall be punished by a mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

The sentencing court may impose a sentence other than that which is required by this section if the court finds that the defendant provided timely and effective cooperation to law enforcement. The factual basis finding timely and effective cooperation with law enforcement must be made in writing."

67rb

On page 46, after line 6 of the printed bill, insert:

"Section 104. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

A conviction under § 22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under § 22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state penitentiary or county jail of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under § 22-42-3 or 22-42-4 shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section.

A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

67rd

On page 46, after line 6 of the printed bill, insert:

"Section 105. That chapter 32-23 be amended by adding thereto a NEW SECTION to read as follows:

Any driving permit issued by the court for the purposes of employment, attendance at school or attendance at counseling programs shall be conditioned on the person's total abstinence from the use of alcohol. The court shall immediately revoke the permit if it comes to the court's attention that the person has violated this condition."

67re

On page 46, after line 6 of the printed bill, insert:

"Section 106. The provisions of this Act are effective on July 1, 2006."

67rf

On page 5, line 7 of the printed bill, remove the overstrikes from " ~~If the person is~~ " .

On page 5 , line 8, remove the overstrikes from " ~~convicted of driving without a license during that period, he shall be sentenced to the county jail~~ " .

On page 5 , line 9, remove the overstrikes from " ~~for not less than twenty days, which sentence may not be suspended.~~ " .

On page 5 , line 9, delete " Notwithstanding § 23A-27- " .

On page 5 , delete lines 10 to 14 , inclusive.

67rga

On page 18, line 19 of the printed bill, delete " or " and insert " and ".

On page 18 , line 20, delete " an " and insert " any recommended ".

67rh

On page 22, line 18 of the printed bill, remove the overstrikes from " ~~one hundred eighty~~ " and delete " thirty ".

On page 22 , delete lines 19 to 23 , inclusive.

On page 22 , line 24, after " Upon a " remove the overstrikes from " ~~second~~ " and delete " third ".

On page 22 , line 24, after " or a " remove the overstrikes from " ~~second~~ " and delete " third ".

On page 23 , line 2, delete " , if such third or subsequent conviction or " .

On page 23 , line 3, delete " adjudication occurred within four years of the previous conviction or adjudication, " .

67ri

On page 28, line 3 of the printed bill, delete everything after " Section 61. "

On page 28 , delete lines 4 to 8 , inclusive.

67rl

On page 41 of the printed bill, delete lines 17 to 22 , inclusive, and insert:

"Section 93. That § 40-15-39 be amended to read as follows:

40-15-39. Any person who purchases livestock from a livestock auction agency, as defined in this chapter, with intent to defraud is guilty of livestock fraud. The failure of such purchaser to tender payment in full within four days of the date of purchase, is prima facie evidence of intent to defraud.

Livestock fraud is a Class 4 felony. "

67ta

On page 40, line 1 of the printed bill, delete " third " .

On page 40 , line 2, delete " a third " and insert "any".

67rj

On page 19 of the printed bill, delete lines 17 to 23 , inclusive, and insert:

"Section 48. That § 35-9-1.3 be amended to read as follows:

35-9-1.3. No person may be convicted of illegally selling any alcoholic beverage to any underage person pursuant to § 35-9-1 or 35-9-1.1, if the underage person was in possession of, and the seller relied upon, any false age-bearing identification document that was furnished to the underage person by any state agency or local law enforcement agency or any agent, employee, contractor, or associate of any state agency or local law enforcement agency for the purpose of attempting to illegally purchase any alcoholic beverage. "

67rm

On page 18, line 17 of the printed bill, after " conviction, " insert " placement in a youth diversion program, ".

On page 19 , line 8, after " Association. " insert " Upon placement of the person in a youth diversion program, the state's attorney who placed the person in that program shall give notice of that placement to the South Dakota High School Activities Association and chief administrator of the school in which the person is enrolled. "

And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 157 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1169 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 Education respectfully reports that it has had under consideration SB 102, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

102ca

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

" Section 1. That § 13-16-6 be amended to read as follows:

13-16-6. The capital outlay fund of the school district is a fund provided by law to meet expenditures which result in the acquisition or lease of or additions to real property, plant, or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase or lease of equipment. It may also be used for installment or lease-purchase payments for the purchase of real property, plant, or equipment, which have a contracted terminal date not exceeding twenty years from the date of the installment contract or lease-purchase and for the payment of the principal of and interest on capital outlay certificates issued pursuant to § 13-16- 6.2.

Any purchase of one thousand dollars or less may be paid out of the general fund. The total accumulated unpaid principal balances of such installment contracts and lease-purchase and the outstanding principal amounts of such capital outlay certificates may not exceed three percent of the taxable valuation. The school district shall provide a sufficient levy each year under the provisions of § 13-16-7 to meet the annual installment contract, lease-purchase, and capital outlay certificate payments, including interest.

A school district which contracts its student transportation may expend from the capital outlay fund an amount not to exceed ~~fifteen~~ thirty percent of the contract amount.

The capital outlay fund may be used to purchase textbooks and instructional software.

The capital outlay fund may be used to purchase warranties on capital assets if the warranties do not include supplies."

102cta

On page 1, line 1 of the printed bill, delete everything after " to " and insert "increase the percentage of contracted transportation costs that a school district may expend from the capital outlay fund."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

202za

On page 2, line 22 of the printed bill, after " miles; " insert " provides at least fifteen percent of its secondary program offerings via distance learning technology; has at least fifteen miles between its attendance center or centers and that of an adjoining district; ".

On page 3 , line 4, delete " 0.05 " and insert " 0.014 ".

On page 3 , line 5, delete " 0.20 " and insert " 0.14 ".

On page 5 , line 3, delete " three million nine " and insert "two million nine hundred forty- five thousand one hundred eighty-four dollars ($2,945,184),".

On page 5 , line 4, delete everything before " or so much thereof " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 156 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 181 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 SB 190 and returns the same with the recommendation that said bill be amended as follows:

190oa

On page 1, line 7 of the printed bill, after " license " insert "directly to a licensee".

190tb

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

" Section 1. That chapter 41-6 be amended by adding thereto a NEW SECTION to read as follows:

No license available pursuant to § 41-2-33 may be offered for sale or issuance by the Department of Game, Fish and Parks via the internet. The department's internet site shall direct the potential license applicant to a listing of the licensing agents. For each licensing agent listed, the internet display shall provide the licensing agent's name, address, telephone number, and website address. The department may list on their website an e-mail, phone, fax, or any other number to assist license applicants in acquiring their licenses from license agents."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 216 and returns the same with the recommendation that said bill be amended as follows:

216ra

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

"Section 1. That § 38-22-1.2 be amended to read as follows:

38-22-1.2. Terms used in this chapter ~~, unless the context otherwise clearly requires,~~ mean:

(1) "Agricultural chemical," any material used to control or eradicate weeds or pests;

(2) "Board," any county weed and pest board;

(3) "Board member area," a geographical area within a county from which a member of the board is appointed;

(4) "Commission," the South Dakota Weed and Pest Control Commission;

(5) "Control," the prevention or limiting of the growth, spread, or development of weeds or pests;

(6) "Department," the State Department of Agriculture;

(7) "Pest," any rodent, bird , other than a game bird or a state or federally protected bird, insect , or nematode which the commission has found to be detrimental to the production of crop or livestock or to the welfare of persons residing within the state . Prairie dogs are included in the definition of a pest if all of the following conditions apply:

(a) Sylvatic plague has been reported in any prairie dog colony east of the Rocky Mountains;

(b) The South Dakota Department of Game, Fish and Parks has determined that the population of prairie dogs within the state, including tribal lands, exceeds the one hundred forty-five thousand acre level;

(d) Lands adjacent to the impacted owner's land do not have a maintained one- mile buffer zone, or other mutually agreed border, in which prairie dog control is applied, and the owner of the impacted land has filed a written complaint of encroachment requesting mitigation or abatement with the South Dakota Department of Agriculture and served a copy upon the owner of adjoining lands from which the prairie dogs are encroaching ;

(8) "Pesticide," a substance or mixture of substances for preventing, destroying, repelling, or mitigating any pest or any substance or mixture of substances intended for use as a plant regulatory, defoliant, or desiccant or any substance or mixture of substances intended to be used as a spray adjuvant;

(9) "Secretary," the state secretary of the Department of Agriculture;

(10) "Supervisor," any person appointed or employed by a board for the purpose of carrying out the provisions of this chapter;

(11) "Weed," any plant which the commission has found to be detrimental to the production of crops or livestock or to the welfare of persons residing within the state. "

216rta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "enumerate the circumstances under which prairie dogs are to be considered pests."

And that as so amended said bill do pass.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 13 and 105 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 15, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1028, 1053, 1058, 1154, 1175, 1210, 1215, 1237, 1240, and 1248 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1011: A CONCURRENT RESOLUTION, In support of free religious expression in public schools.

Was read the first time.

The President announced the waiving of committee referral and placed HCR 1011 on the calendar of Wednesday, February 16, the 27^th legislative day.

HCR 1010: A CONCURRENT RESOLUTION, Encouraging citizen awareness of umbilical cord blood donation and its opportunities and benefits available to the public.

Was read the second time.

Sen. Ed Olson moved that the Senate do concur in HCR 1010 as found on page 426 of the House Journal.

The question being on Sen. Olson's motion that the Senate do concur in HCR 1010.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1010 was concurred in.

Sen. Dan Sutton moved that the Committee on Judiciary be instructed to deliver SB 206 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 35 as found on page 458 of the Senate Journal ; also

Health and Human Services on SB 58 as found on page 460 of the Senate Journal ; also

State Affairs on SB 193 as found on page 459 of the Senate Journal ; also

Judiciary on SB 197 as found on page 464 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

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 second time.

The question being "Shall HB 1076 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1086: FOR AN ACT ENTITLED, An Act to require certain contact information to be provided when being registered to vote by private entities or individuals.

Was read the second time.

The question being "Shall HB 1086 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1097: FOR AN ACT ENTITLED, An Act to authorize the use of special elections to fill vacancies in the office of the mayor and on the governing boards of certain municipalities.

Was read the second time.

The question being "Shall HB 1097 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1104: FOR AN ACT ENTITLED, An Act to limit the damages that may be awarded in a medical malpractice action against a podiatrist.

Was read the second time.

The question being "Shall HB 1104 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1132: FOR AN ACT ENTITLED, An Act to clarify the composition of the board of mental illness if two or more counties jointly establish a board.

Was read the second time.

The question being "Shall HB 1132 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 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 second time.

The question being "Shall HB 1148 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1155: FOR AN ACT ENTITLED, An Act to define liquefied petroleum gas equipment and appliances for purposes of product liability.

Was read the second time.

The question being "Shall HB 1155 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1168: FOR AN ACT ENTITLED, An Act to revise the homestead exemption.

Was read the second time.

The question being "Shall HB 1168 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being "Shall HB 1189 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1198: FOR AN ACT ENTITLED, An Act to include records of the county weed and pest board with certain records maintained by the register of deeds related to real property.

Was read the second time.

The question being "Shall HB 1198 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1199: FOR AN ACT ENTITLED, An Act to require county weed and pest boards to terminate certain orders that have been implemented.

Was read the second time.

The question being "Shall HB 1199 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 107: FOR AN ACT ENTITLED, An Act to regulate the sale and shipment of cigarettes.

Was read the second time.

The question being "Shall SB 107 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Hanson (Gary); Hundstad; Lintz; McNenny; Moore

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 114: FOR AN ACT ENTITLED, An Act to establish a refundable checkoff on pulse crops.

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

114te

Sen. Duenwald moved that SB 114 be further amended as follows:

On page 7, line 10 of the Senate Agriculture and Natural Resources Committee engrossed bill, after " 38-32 " insert " and the provisions of this Act ".

Which motion prevailed.

The question being "Shall SB 114 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek; Koskan

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

Was read the second time.

The question being "Shall SB 164 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, 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; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek

Excused:
Olson (Ed)

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 168: 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.

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

168ca

Sen. Adelstein moved that SB 168 be further amended as follows:

On page 2, line 4 of the Senate Health and Human Services Committee engrossed bill, delete " treatment " and insert "care".

Which motion prevailed.

The question being "Shall SB 168 pass as amended?"

And the roll being called:

Yeas 7, Nays 28, Excused 0, Absent 0

Yeas:
Adelstein; Hundstad; Knudson; McCracken; Moore; Nesselhuf; Two Bulls

Nays:
Abdallah; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

SB 184: FOR AN ACT ENTITLED, An Act to establish a program in the Department of Education to assist certain school districts with capital improvement needs.

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

184zb

Sen. Bogue moved that SB 184 be further amended as follows:

On page 1 of the Senate Education Committee engrossed bill, delete line 14 .

On page 2 , delete lines 1 and 2 .

On page 2 , line 6, delete " the district's local effort " and insert "the sum of (a) any casualty insurance proceeds received by the school district arising from any catastrophe that gave rise to the need for the construction project and (b) the amount to be raised by the school district's general obligation bond issue required by section 4 of this Act."

On page 2 , delete line 7 .

On page 2 , between lines 7 and 8, insert:

"Section 4. Prior to receipt of any funds under this program, a school district shall pass a general obligation bond issue in the maximum amount allowed by South Dakota Constitution with the proceeds to be used to pay for the approved construction project."

On page 2 , line 8, delete " entitlement " and insert "funding".

On page 2 , line 9, after " money " insert "specially".

Which motion prevailed.

The question being "Shall SB 184 pass as amended?"

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

Yeas:
Adelstein; Apa; Bogue; Dempster; Duenwald; Duniphan; Greenfield; Hansen (Tom); Hundstad; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Abdallah; Bartling; Broderick; Earley; Gant; Gray; Hanson (Gary); Kelly; Kloucek; Koetzle; Moore; 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 189: FOR AN ACT ENTITLED, An Act to appropriate money to the Association of County Commissioners for the coordination of 911 services.

Was read the second time.

The question being "Shall SB 189 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; 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

Nays:
Earley

Excused:
Abdallah

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 220: FOR AN ACT ENTITLED, An Act to establish the South Dakota Certified beef program, to create the South Dakota Certified beef fund, to make a continuous appropriation from the fund, and to declare an emergency.

Was read the second time.

220ob

Sen. Koskan moved that SB 220 be further amended as follows:

On page 3, line 8 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete " are continuously appropriated " and insert "shall be used".

On page 3 , line 9, after " program. " insert "Expenditures from the fund shall be appropriated through the normal budget process."

Which motion prevailed.

The question being "Shall SB 220 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, 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; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Kloucek; Kooistra

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. Koskan moved that the title to SB 220 be amended as follows:

On page 1, line 2 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after "fund,".

On page 1 , line 3, delete " fund, " .

Which motion prevailed and the title was so amended.

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

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 158, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

158ma

On page 2, line 3 of the Senate Education Committee engrossed bill, delete everything after "learning."

On page 2 , delete lines 4 to 17 , inclusive.

158mta

On page 1, line 2 of the Senate Education Committee engrossed bill, delete " and to establish a distance learning grant program for students " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 175 and returns the same with the recommendation that said bill be amended as follows:

175oc

On page 2 of the Senate Transportation Committee engrossed bill, delete lines 23 and 24 , and insert:

"Section 5. Sections 1 to 4, inclusive, are effective on January 1, 2007.

Section 6. Notwithstanding the provisions of § 32-5B-17, from July 1, 2005, to June 30, 2007, inclusive, two percent of the revenues received pursuant to § § 32-5B-1 and 32-5B-20 shall be credited to the state motor vehicle fund and the remainder shall be credited to the state highway fund. Any moneys deposited in the state motor vehicle fund pursuant to this section shall be used for the development of a new computer system to be used by the Division of Motor Vehicles.

Section 7. The provisions of section 6 of this Act are repealed on July 1, 2007."

Delete pages 3 to 13, inclusive .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 218 and returns the same with the recommendation that said bill be amended as follows:

218ma

On page 2, line 7 of the Senate State Affairs Committee engrossed bill, delete " attempt to " .

And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1028: FOR AN ACT ENTITLED, An Act to make an appropriation to support students participating in the South Dakota Opportunity Scholarship program during the spring 2005 term and in fiscal year 2006 and to declare an emergency.

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

HB 1053: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives.

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

HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair and to declare an emergency.

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

HB 1154: FOR AN ACT ENTITLED, An Act to limit municipal annexation near regional airport authorities.

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

HB 1175: FOR AN ACT ENTITLED, An Act to extend certain lien provisions to physicians and chiropractors.

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

HB 1210: FOR AN ACT ENTITLED, An Act to exempt certain contract services from sales and use taxes.

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

HB 1215: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, and to declare an emergency.

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

HB 1237: FOR AN ACT ENTITLED, An Act to reduce the fuel tax on biodiesel blend fuels for a certain period of time.

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

HB 1240: FOR AN ACT ENTITLED, An Act to require that notice of certain tax equalization decisions be published.

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

HB 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money lenders.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the responsibility of alcohol licensees that sell alcohol to underage people.

Was read the second time.

The question being "Shall HB 1038 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; 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; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Bartling

Excused:
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.

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the secretary of Revenue and Regulation to issue a cease and desist order to vehicle, snowmobile, manufactured home, and boat dealers for certain violations, to authorize imposition of monetary penalties for failure to comply with a cease and desist order, and to modify the reasons for suspending or revoking a dealer's license.

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

The question being "Shall HB 1060 pass as amended?"

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; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Kloucek; Nesselhuf

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.

HB 1089: FOR AN ACT ENTITLED, An Act to provide for licensure and regulation of massage therapists and to provide funding from licensure fees.

Was read the second time.

The question being "Shall HB 1089 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Duniphan; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; McCracken; Moore; Nesselhuf; Peterson (Jim); Smidt; Sutton (Dan)

Nays:
Apa; Dempster; Duenwald; Earley; Gant; Hansen (Tom); Kooistra; Koskan; Lintz; McNenny; Napoli; Olson (Ed); Schoenbeck; Sutton (Duane)

Excused:
Two Bulls

So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

Sen. Dan Sutton announced his intention to reconsider the vote by which HB 1089 lost.

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 second time.

The question being "Shall HB 1111 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; 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

Excused:
Greenfield

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

Was read the second time.

The question being "Shall HB 1171 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1133: FOR AN ACT ENTITLED, An Act to authorize additional persons to serve mental illness commitment papers.

Was read the second time.

The question being "Shall HB 1133 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

HB 1041: FOR AN ACT ENTITLED, An Act to require certain vehicle dealers to utilize an electronic title file system.

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

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the sale of out-of-state motor vehicles.

And signed the same in the presence of the Senate.

Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 4:14 p.m. the Senate adjourned.

Patricia Adam, Secretary