Senate Journal 02/19/2005 10:00 AM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Saturday, February 19, 2005

The Senate convened at 10:00 a.m., pursuant to adjournment, President Pro tempore Schoenbeck presiding.

The prayer was offered by the Chaplain, Pastor Dallas McKinley, followed by the Pledge of Allegiance led by Senate pages Matthew Booth, Jessica Callahan, Lisa Jarovski, Jennifer Jorgensen, Kimberlee Kloucek, Shayna Monnens, Libby Olson, Seth Pearman, Cody Raterman, and Amy Tulson.

Roll Call: All members present except Sens. McCracken and Olson who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-ninth day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Lee Schoenbeck, Chair

Which motion prevailed and the report was adopted.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 41 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 70, 77, and 159 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 19, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

Also MR. PRESIDENT:

I have the honor to return herewith SB 76 and 97 which have 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 45, 61, 68, 73, 82, 99, 106, 124, 134, 152, 169, 180, 209, and 221 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Abdallah moved that the Senate do not concur in House amendments to SB 12 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 appointed as such committee Sens. Abdallah, Gray, and Moore.

Sen. Bogue moved that the Senate do concur in House amendments to SB 150.

The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 150.

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Kloucek

Excused:
Hansen (Tom); McCracken; Olson (Ed)

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1212 as found on page 564 of the Senate Journal ; also

State Affairs on HB 1234 as found on page 565 of the Senate Journal ; also

Judiciary on HB 1257 as found on page 578 of the Senate Journal be adopted.

Which motion prevailed and the reports were adopted.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Apa requested that HB 1258 be removed from the Consent Calendar.

HB 1153: FOR AN ACT ENTITLED, An Act to revise certain sales tax provisions related to products and substances associated with the application of pesticides.

Was read the second time.

The question being "Shall HB 1153 pass?"

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; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Nesselhuf; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
McCracken; 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.

HB 1193: FOR AN ACT ENTITLED, An Act to adopt the Uniform Child-Custody Jurisdiction and Enforcement Act and to repeal the Uniform Child Custody Jurisdiction Act.

Was read the second time.

The question being "Shall HB 1193 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
McCracken; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1101: FOR AN ACT ENTITLED, An Act to except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

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

Sen. Bogue moved that HB 1101 be placed to follow HB 1259 on today's calendar.

Which motion prevailed and the bill was so placed.

HB 1160: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to franchises and cable services.

Was read the second time.

Sen. Broderick moved that HB 1160 be deferred to Tuesday, February 22, the 31^st legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1210 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

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

Nays:
Abdallah; Broderick; Duniphan; Kelly; Kooistra; Moore

Excused:
McCracken; 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.

HB 1259: FOR AN ACT ENTITLED, An Act to reestablish eligibility for certain veterans to qualify for the veterans' bonus program and to declare an emergency.

Was read the second time.

The question being "Shall HB 1259 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
McCracken; Olson (Ed)

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. Duane Sutton now presiding.

HB 1101: FOR AN ACT ENTITLED, An Act to except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

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

The question being "Shall HB 1101 pass as amended?"

And the roll being called:

Yeas 26, Nays 5, Excused 4, Absent 0

Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Knudson; Koskan; Lintz; Moore; Napoli; Nesselhuf; Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Abdallah; Duenwald; Hundstad; Koetzle; Peterson (Jim)

Excused:
Kooistra; McCracken; McNenny; 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.

Sen. Two Bulls moved that the Senate do now adjourn, which motion prevailed and at 10:37 a.m. the Senate adjourned.

Patricia Adam, Secretary