Senate Journal 02/17/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 17, 2005

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

The prayer was offered by the Chaplain, Shirley Sandberg, followed by the Pledge of Allegiance led by Senate page Kimberlee Kloucek.

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-seventh day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Lee Schoenbeck, Chair

Which motion prevailed and the report was adopted.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Bogue moved that the report of the Conference Committee on SB 70 as found on page 514 of the Senate Journal be adopted.

The question being on Sen. Bogue's motion that the report of the Conference Committee on SB 70 be adopted.

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 the report was adopted.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 128, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

128fa

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

"Section 1. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than one hundred ~~fifty~~ sixty percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 2. For taxes payable in 2007, the levy for the general fund of a school district, as provided in § 10-12-42, shall be lowered by:

(1) Eleven cents per thousand dollars of taxable valuation subject to the limitations on agricultural property as provided in subdivision (2) of this section, owner-occupied property as provided for in subdivision (3) of this section, and nonagricultural acreage property as provided for in subdivision (4) of this section;

(2) Three cents per thousand dollars of taxable valuation for agricultural property;

(3) Five cents per thousand dollars of taxable valuation for an owner-occupied single-family dwelling as defined in § 10-13-40; and

(4) Three cents per thousand dollars of taxable valuation for nonagricultural acreage property.

This rate reduction is in addition to any other adjustment made by the Eighty-first Legislature of the State of South Dakota to the levy for the general fund of a school district as provided in § 10-12-42.

Section 3. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than ~~one hundred fifty~~ one hundred seventy- five percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 4. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than ~~one hundred fifty~~ one hundred ninety percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 5. That § 10-6-74 be amended to read as follows:

10-6-74. Any real property which sells for more than ~~one hundred fifty~~ two hundred ten percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 6. That § 10-6-74 be repealed.

10-6-74. Any real property which sells for more than one hundred fifty percent of its assessed value, may not be used for the purpose of valuing other real property. The sale of any real property which is not used for the purpose of valuing other real property pursuant to this section may not be used in any sales ratio study.

Section 7. Section 3 of this Act is effective on July 1, 2007.

Section 8. Section 4 of this Act is effective on July 1, 2009.

Section 9. Section 5 of this Act is effective on July 1, 2011.

Section 10. Section 6 of this Act is effective on July 1, 2012."

And that as so amended said bill do NOT pass.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1054 and 1057 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bill Earley, Vice-Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1163 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 HB 1093 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 HB 1079 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1018, 1056 and 1150 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 146 was delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 17, 2005.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 37, 86, 103, 129, and 208 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 5 which has been amended by the House and your concurrence in the amendment is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 6 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 41 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 37, 86, 103, 129, and 208 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1024, 1025, 1051, 1158, 1222, 1244, 1252, and 1263 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 18, the 29^th legislative day.

Which motion prevailed.

Sen. Knudson moved that the word "not" be stricken from the report of the Committee on Taxation on SB 128 as found on page 536 of the Senate Journal and that SB 128 be placed to follow SB 218 on today's calendar.

The question being on Sen. Knudson's motion that the word "not" be stricken from the report of the Committee on Taxation on SB 128 and that the bill be placed to follow SB 218 on today's calendar.

And the roll being called:

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Dempster; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; McCracken; Schoenbeck; Sutton (Duane)

Nays:
Apa; Bartling; Bogue; Broderick; Duenwald; Duniphan; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Two Bulls

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 183 as found on page 524 of the Senate Journal ; also

Judiciary on SB 204 as found on page 525 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

Sen. Dan Sutton moved that the word "not" be stricken from the report of the Committee on Judiciary on SB 206 as found on page 513 of the Senate Journal and that the SB 206 be placed on today's calendar.

The question being on Sen. Sutton's motion that the word "not" be stricken from the report of the Committee on Judiciary on SB 206 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Bartling; Broderick; Earley; Gant; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Kloucek requested that HB 1128 be removed from the Consent Calendar.

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

Was read the second time.

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; 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

Excused:
Adelstein

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 1181: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports officials from sales tax.

Was read the second time.

The question being "Shall HB 1181 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Adelstein

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 58: FOR AN ACT ENTITLED, An Act to require insurers to cooperate with the Department of Social Services in the coordination of medical benefits.

Was read the second time.

The question being "Shall SB 58 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.

Sen. Bogue moved that SB 157 be placed to follow SB 218 on today's calendar.

Which motion prevailed

Sen. Bogue moved that SB 216 be immediately considered.

Which motion prevailed and SB 216 was up for immediate consideration.

SB 216: FOR AN ACT ENTITLED, An Act to enumerate the circumstances under which prairie dogs are to be considered pests.

Was read the second time.

The question being "Shall SB 216 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.

SB 181: FOR AN ACT ENTITLED, An Act to establish requirements and policies for the management and conservation of prairie dogs in national grasslands areas.

Was read the second time.

181ta

Sen. Lintz moved that SB 181 be amended as follows:

On page 3 of the printed bill, delete lines 14 to 16 , inclusive.

On page 3 , delete lines 19 to 23 , inclusive.

On page 4 , delete lines 9 to 13 , inclusive.

Which motion prevailed.

The question being "Shall SB 181 pass as amended?"

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

Yeas:
Adelstein; Apa; Bartling; Duenwald; Gray; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Lintz; McCracken; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Nays:
Abdallah; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; Hansen (Tom); Knudson; Koetzle; Kooistra; Koskan; Nesselhuf; Olson (Ed); 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.

SB 67: FOR AN ACT ENTITLED, An Act to revise certain drug and alcohol offenses, driving offenses, and other felonious offenses.

Was read the second time.

Sen. Bogue moved that SB 67 be placed to follow SB 157 on today's calendar.

Which motion prevailed.

SB 102: FOR AN ACT ENTITLED, An Act to increase the percentage of contracted transportation costs that a school district may expend from the capital outlay fund.

Was read the second time.

The question being "Shall SB 102 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Abdallah; Duniphan; Earley; Kelly; Knudson; Koetzle; Kooistra; McCracken; McNenny; Schoenbeck

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 158: FOR AN ACT ENTITLED, An Act to provide for the certification of distance learning providers.

Was read the second time.

Sen. Apa moved that SB 158 be laid on the table.

The question being on Sen. Apa's motion that SB 158 be laid on the table.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
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; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Olson (Ed)

Excused:
Abdallah

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

SB 175: FOR AN ACT ENTITLED, An Act to provide for the removal of certain noncommercial motor vehicle license plates from a motor vehicle if the ownership of the vehicle is transferred and to make an appropriation to provide for the administration thereof.

Was read the second time.

Sen. Napoli moved that SB 175 be placed to follow SB 218 on today's calendar.

Which motion prevailed.

Sen. Bogue moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 3:43 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:30 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

SB 183: FOR AN ACT ENTITLED, An Act to require the filing of certain notices of intention to preserve possibilities of reverter and rights of entry and to provide for the termination of such rights in the absence of notification.

Was read the second time.

183rc

Sen. Ed Olson moved that SB 183 be further amended as follows:

On page 2, line 17 of the Senate Judiciary Committee engrossed bill, delete " grantor " and insert "grantee".

Which motion prevailed.

The question being "Shall SB 183 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Kloucek; Koetzle; McNenny; Moore

Excused:
Hundstad

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

The question being on the title.

Sen. Ed Olson moved that the title to SB 183 be amended as follows:

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "provide for the conveyance of certain lands dedicated to public purposes that have become impossible or impractical."

On page 1 , delete lines 2 and 3 .

Which motion prevailed and the title was so amended.

SB 190: FOR AN ACT ENTITLED, An Act to prohibit the issuance of certain hunting and fishing licenses using the internet.

Was read the second time.

190te

Sen. Bartling moved that SB 190 be further amended as follows:

On page 1, line 6 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete " available " and insert "that may be issued by a licensing agent appointed".

On page 1 , line 6, delete " offered for sale or issuance " and insert "sold directly to a licensee".

On page 1 , line 7, after " internet. " insert "However, the department may issue such licenses via the internet if the department's internet site first directs the applicant to the licensing agent's internet site so that the license is sold by the licensing agent and issued by the department."

On page 1 , after line 11, insert:

"Section 2. The provisions of this Act shall be fully implemented no later than December 15, 2005."

Which motion prevailed.

The question being "Shall SB 190 pass as amended?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Abdallah; Broderick; Dempster; Duniphan; Gray; Knudson

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

The question being on the title.

Sen. Bartling moved that the title to SB 190 be amended as follows:

On page 1, line 1 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after " Act to " and insert "prohibit the sale of certain hunting and fishing licenses using the internet and to require certain licensing agent information to appear on the Department of Game, Fish and Parks internet site."

On page 1 , delete line 2 .

Which motion prevailed and the title was so amended.

SB 202: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to general education and make an appropriation.

Was read the second time.

The question being "Shall SB 202 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Abdallah; Adelstein; Earley; Gant; Kloucek; Knudson; Koetzle; Nesselhuf; Peterson (Jim); Smidt

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

Was read the second time.

The question being "Shall SB 204 pass as amended?"

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Apa; Bartling; Duenwald; Earley; Greenfield; Hansen (Tom); Kooistra; Koskan; Lintz; McNenny; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan)

Nays:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Gant; Gray; Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; McCracken; Moore; Nesselhuf; Olson (Ed); Sutton (Duane); Two Bulls

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

SB 218: FOR AN ACT ENTITLED, An Act to create the South Dakota Energy Infrastructure Authority and to declare an emergency.

Was read the second time.

The question being "Shall SB 218 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

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

Nays:
Dempster; Duniphan; Earley; Gray; Knudson; Kooistra

Excused:
Abdallah; McCracken

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.

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

The question being "Shall SB 175 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Abdallah; Broderick; Moore

Excused:
McCracken

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.

Sen. Bogue moved that the Senate do now recess until 6:45 p.m., which motion prevailed and at 6:30 p.m., the Senate recessed.

RECESS

The Senate reconvened at 6:45 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

SB 157: FOR AN ACT ENTITLED, An Act to increase the per student allocation in the state aid to education formula.

Was read the second time.

157za

Sen. Bogue moved that SB 157 be amended as follows:

On page 3, after line 17 of the printed bill, insert:

"Section 2. That chapter 13-13 be amended by adding thereto a NEW SECTION to read as follows:

For fiscal year 2005, any money appropriated for state aid to general education not expended or obligated pursuant to this chapter is not subject to reversion pursuant to § 4-8-19 and shall be reappropriated for state aid to general education for fiscal year 2006."

Which motion prevailed.

The question being "Shall SB 157 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; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
McCracken

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

The question being on the title.

Sen. Bogue moved that the title to SB 157 be amended as follows:

On page 1, line 2 of the printed bill, after "formula" insert "and to exempt from reversion certain funds appropriated for the state aid to education formula".

Which motion prevailed and the title was so amended.

SB 67: FOR AN ACT ENTITLED, An Act to revise certain drug and alcohol offenses, driving offenses, and other felonious offenses.

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

67mb

Sen. Schoenbeck moved that SB 67 be further amended as follows:

On page 3, line 1 of the Senate Judiciary Committee engrossed bill, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 3 , line 18, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 4 , line 10, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 6 , line13, delete everything after "Section 15.".

On page 6 , delete lines 14 to 18 , inclusive.

On page 21 , line 20, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 22 , line 23, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 23 , line 22, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 24 , line 13, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 38 , line 13, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 39 , line 5, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 40 , line 4, delete " 32-35-43.1 " and insert " 32-35-113 ".

On page 45 , line 17, delete " 31-14-1(37) " and insert "32-14-1(37)".

Which motion prevailed.

67oa

Sen. Schoenbeck moved that SB 67 be further amended as follows:

On page 33, line 5 of the Senate Judiciary Committee engrossed bill, delete " three " and insert " six ".

Which motion prevailed.

67mc

Sen. Lintz moved that SB 67 be further amended as follows:

On page 34, line 22 of the Senate Judiciary Committee engrossed bill, delete " , including speeding " .

On page 34 , remove the overstrikes from line 23 .

Which motion prevailed.

67md

Sen. Bogue moved that SB 67 be further amended as follows:

On page 7, line 1 of the Senate Judiciary Committee engrossed bill, delete everything after " driving. "

On page 7 , delete lines 2 to 4 , inclusive.

On page 7 , remove the overstrikes from lines 5 to 20 , inclusive.

On page 7 , delete lines 21 to 24 , inclusive, and insert:

"Section 17. That § 32-23-10.1 be amended to read as follows:

32-23-10.1. If a person refuses to submit to chemical analysis of the person's blood, urine, breath, or other bodily substance, or allow the withdrawal of blood or other bodily substance for chemical analysis as provided in § 32-23-10, and that person subsequently stands trial for violation of § 32-23-1 or § 32-23-21, such refusal may be admissible into evidence at the trial. ".

On page 8 , delete lines 1 to 24 , inclusive, and insert:

"Section 18. That § 32-23-10.3 be amended to read as follows:

32-23-10.3. For purposes of § 32-23-10, serious bodily injury is such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb.

Section 19. That § 32-23-11 be amended to read as follows:

32-23-11. Any person subject to license revocation for failure to submit to the withdrawal and chemical analysis required in § 32-23-10, and wishing to contest the revocation, shall demand a hearing pursuant to chapter 1-26 within one hundred twenty days of arrest. If the secretary of public safety finds that the law enforcement officer complied with the law and the refusal was made by the person, the secretary shall revoke that person's license to drive and any nonresident operating privileges for one year. The secretary shall determine if the person is eligible to drive for the purpose of employment and may promulgate rules pursuant to chapter 1-26 for determining that eligibility.

The secretary of public safety may promulgate rules for restricted licenses as follows:

(1) Eligibility;

(2) Application;

(3) Determination;

(4) Limitations; and

(5) Grounds for revocation.

Section 20. That § 32-23-11.1 be amended to read as follows:

32-23-11.1. A person's license to drive is not subject to revocation as provided in § 32-23-11 or 32-23-18 if that person pleads guilty to violating § 32-23-1, or if the charge of violating § 32- 23-1 is dismissed by the state prior to the departmental hearing and the person is not convicted of a violation of § 32-24-1 or 32-24-8, or, if a hearing is not requested, prior to a revocation order being issued. "

On page 9 , delete lines 1 to 7 , inclusive, and insert:

"Section 21. That § 32-23-13 be amended to read as follows:

32-23-13. If any operator of a motor vehicle in this state who has been requested to submit to a chemical test fails to invoke the provision in § 32-23-11 which permits ~~him~~ the operator to refuse to submit to a test, then the failure to invoke the provision permitting a refusal to submit to a test ~~shall constitute~~ constitutes consent and authority to administer a test notwithstanding the age of the operator of the motor vehicle. "

On page 9 , delete line 13 , and insert " Any such authorized ~~persons~~ person , acting on the presumption of consent, ~~and~~ or any hospital".

On page 10 , delete lines 2 to 24 , inclusive, and insert:

"Section 25. That § 32-23-18 be amended to read as follows:

32-23-18. The Department of Public Safety shall revoke the license of any person arrested for violating § 32-23-1 or 32-23-21, who refuses to submit to a chemical analysis as directed by a law enforcement officer pursuant to § 32-23-10.

Section 26. That § 32-23-19 be amended to read as follows:

32-23-19. A law enforcement officer shall serve the notice of intent to revoke, on behalf of the Department of Public Safety and shall take possession of any driver's license issued by this state held by the person if the arrested driver refuses to submit to a chemical analysis as directed by the officer pursuant to § 32-23-10. A copy of the completed notice of intent to revoke form, and any South Dakota driver's license taken into possession shall be forwarded to the department by the officer. If a valid South Dakota driver's license is surrendered, the notice of intent to revoke shall function as a temporary license which is valid for one hundred twenty days. Upon receipt of a petition for a hearing, the department may extend the temporary license thirty days following the scheduled date of the hearing.

Section 27. That § 32-23-20 be amended to read as follows:

32-23-20. The department shall revoke the person's license to drive and any nonresident operating privileges pursuant to § 32-23-11.

Section 28. That § 19-13-28.1 be amended to read as follows:

19-13-28.1. Notwithstanding the provisions of § 19-13-28, when a person stands trial for driving while under the influence of alcohol or drugs, as provided under § 32-23-1, and that person has refused chemical analysis, as provided in § 32-23-10, such refusal is admissible into evidence. Such person may not claim privilege against self-incrimination with regard to admission of refusal to submit to chemical analysis. "

On page 11 , remove the overstrikes from lines 10 to 21 , inclusive.

On page 12 , line 10, delete " or " .

On page 12 , line 12, remove the overstrikes from " ~~; or~~ " .

On page 12 , remove the overstrikes from lines 13 to 15 , inclusive.

On page 12 , line 24, remove the overstrikes from " ~~or who refuses~~ " .

On page 13 , remove the overstrikes from line 1 .

Sen. Bogue requested a roll call vote.

Which request was supported.

The question being on Sen. Bogue's motion that SB 67 be further amended.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Apa; Bogue; Duenwald; Greenfield; Kloucek; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Duane)

Nays:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Schoenbeck; Smidt; Sutton (Dan); Two Bulls

Excused:
McCracken

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 67 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Kelly; Knudson; Kooistra; Koskan; Moore; Schoenbeck; Smidt; Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Duenwald; Greenfield; Hundstad; Kloucek; Koetzle; Lintz; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Duane)

Excused:
McCracken

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 COMMITTEE

MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1101 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 1172 and 1179 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 HB 1160 and returns the same with the recommendation that said bill be amended as follows:

1160jd

On page 2, line 4 of the House Commerce Committee engrossed bill, delete everything after " services; " .

On page 2 , delete line 5 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1192 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

There being no objection, the Senate proceeded 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 adopted the report of the Conference Committee on SB 70.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1111.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents to cover certain cost increases affecting construction of the Lee Medicine and Science Hall renovation or replacement project at the University of South Dakota and to declare an emergency.

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

HB 1025: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to implement the long-term capital project request of the Board of Regents, providing for the construction, remodeling, or renovation of various structures on the campuses of the state's universities and the School for the Deaf, to make appropriations therefor, and to repeal certain previous capital project authorizations.

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

HB 1051: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of fish hatchery facilities and infrastructure at Blue Dog State Fish Hatchery at Blue Dog Lake, Cleghorn State Fish Hatchery at Rapid City, and McNenny Fish Hatchery at Spearfish for the Department of Game, Fish and Parks.

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

HB 1158: FOR AN ACT ENTITLED, An Act to appropriate funds to provide cochlear implants to certain children.

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

HB 1222: FOR AN ACT ENTITLED, An Act to establish child neglect and endangerment as criminal offenses and to provide penalties therefor.

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

HB 1244: FOR AN ACT ENTITLED, An Act to allow certain National Guard and armed forces reserve members to obtain resident hunting and fishing licenses.

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

HB 1252: FOR AN ACT ENTITLED, An Act to approve the state prairie dog management plan.

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

HB 1263: FOR AN ACT ENTITLED, An Act to revise the definition of domestic abuse.

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HB 1169, 1100, 1110, 1190, 1205, 1209, and 1239 be deferred to Friday, February 18, the 29^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 14 Introduced by: Senators Kloucek, Bartling, Koetzle, Kooistra, Nesselhuf, and Peterson (Jim) and Representatives Putnam, Elliott, Gassman, Glenski, Hunhoff, Lange, McCoy, Nelson, and Roberts

A LEGISLATIVE COMMEMORATION, Recognizing the outstanding accomplishments of Diana Mach of Scotland as the 2004-2005 President of the South Dakota School Counselor Association.

WHEREAS, Diana Mach graduated from Faulkton High School in 1969, graduated from South Dakota State University in 1972 with a major in German and Secondary Education, and graduated from the University of South Dakota in 1993 with a Master of Arts in Education, Psychology, and Counseling; and

WHEREAS, Diana student-taught at the American School of London, England, in 1972, and for the past eleven years has been the K-12 School Counselor in Scotland School District 4-3; and

WHEREAS, Diana received the K-12 School Counselor of the Year Award in 2001, was elected as the K-12 Vice President of the South Dakota School Counselor Association from 2001-2003, and was first elected President of the South Dakota School Counselor Association for the 2003-2004 term; and

WHEREAS, Diana and her husband, Ken Mach, live on a farm near Scotland, and have three children, Christopher (25), Kelly (23), and Patrick (16):

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Diana Mach of Scotland be honored and recognized for her outstanding accomplishments as 2004-2005 South Dakota School Counselor Association President and her longstanding commitment to education in South Dakota.

SC 15 Introduced by: Senator Koskan and Representatives Jensen and Garnos

A LEGISLATIVE COMMEMORATION, Honoring Arielle M. Klein of Chamberlain for recently being selected as South Dakota's Voice of Democracy essay contest winner.

WHEREAS, Arielle Klein, a junior at Chamberlain High School, was chosen as the 2005 Voice of Democracy essay contest winner, and will represent South Dakota at the national contest in Washington D.C.; and

WHEREAS, she received this high honor for her oral essay "Faces" which honored her grandfather, Edwin Klein, for his service to the United States during World War II; and

WHEREAS, she represented the Veterans of Foreign Wars chapters in Burke, Chamberlain, Kennebec, Murdo, Philip, Platte, Reliance, and Winner:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Arielle M. Klein be congratulated upon her selection as South Dakota's 2005 Voice of Democracy essay contest winner.

SIGNING OF BILLS

The President publicly read the title to

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

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

SB 103: FOR AN ACT ENTITLED, An Act to authorize the funding of public transportation from the state highway fund and to repeal certain obsolete provisions regarding the state highway fund.

SB 129: FOR AN ACT ENTITLED, An Act to prohibit the display of social security numbers on driver licenses or nondriver identification cards.

SB 208: 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.

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

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.

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

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.

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.

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

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.

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

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.

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

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

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

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

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

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.

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

And signed the same in the presence of the Senate.

Sen. Schoenbeck moved that the Senate do now adjourn, which motion prevailed and at 7:44 p.m the Senate adjourned.

Patricia Adam, Secretary