JOURNAL OF THE SENATE

EIGHTIETH SESSION  



THIRTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 22, 2005

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

     The prayer was offered by the Chaplain, Deacon Roger Heidt, followed by the Pledge of Allegiance led by Senate page Barton Bartling.

     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 thirtieth 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.
    The oath of office was administered by the President to the following named persons:

    Pages -- Barton Bartling, Meghan Byrum, Danielle Carver, Sara Larsen, Katelynn Lovrien, Jenna Mann, Eli McGehee, Sara McGirr, Kalyn McNenny, and Tiffany Rolfing.

    Which were subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS


February 18, 2005

Mr. President and Members of the Senate:

     I have the honor to inform you that on February 18, 2005, I approved Senate Bill 146, 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 Education respectfully reports that it has had under consideration HB  1203 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  1028, 1053, and 1082 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1127 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1188 and 1194 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1228 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1237 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Dick Kelly, Chair
Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1175 and tabled the same.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1098 and 1197 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1049 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1058 and 1215 and returns the same with the recommendation that said bills be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 4 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 45, 61, 68, 73, 82, 99, 106, 124, 134, 150, 152, 169, 180, 209, and 221 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MOTIONS AND RESOLUTIONS


     Sen. Bogue moved that the Senate do concur in House amendments to SB 76.

     The question being on Sen. Bogue's motion that the Senate do concur in House amendments to SB 76.

     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 amendments were concurred in.


     Sen. Schoenbeck moved that the Senate do concur in House amendments to SB 97.

     The question being on Sen. Schoenbeck's motion that the Senate do concur in House amendments to SB 97.

     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 amendments were concurred in.

     Sen. Ed Olson moved that HB 1025, 1220, and 1241 be referred from the Committee on Education to the Committee on Appropriations.

     Which motion prevailed.


     Sen. Dempster moved that HB 1024 and 1158 be referred from the Committee on Health and Human Services to the Committee on Appropriations.

     Which motion prevailed.

     Sen. Duenwald moved that HB 1051 be referred from the Committee on Agriculture and Natural Resources to the Committee on Appropriations.

     Which motion prevailed.

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. O'Brien, Klaudt, and Gillespie as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 12.

Respectfully,
Karen Gerdes, Chief Clerk
SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1169:   FOR AN ACT ENTITLED, An Act to   clarify certain procedures for terminating or nonrenewing a teacher's contract.

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

     The question being "Shall HB 1169 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

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

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

     The question being "Shall HB 1110 pass as amended?"

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Earley; Greenfield; Hanson (Gary); Hundstad; Knudson; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

     Nays:
Abdallah; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Gray; Hansen (Tom); Kelly; Kloucek; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

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

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

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

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     Sen. Knudson moved that HB 1160 be further amended as follows:

     On page 3, line 4 of the Senate Commerce Committee engrossed bill, after " fees. " insert "The franchising authority may negotiate with cable operators and agree to such other terms as it deems appropriate for the community."

     Sen. McCracken requested a roll call vote.

    Which request was supported.

    The question being on Sen. Knudson's motion that HB 1160 be further amended.

     And the roll being called:

     Yeas 12, Nays 23, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Dempster; Earley; Gant; Gray; Hansen (Tom); Knudson; Olson (Ed); Schoenbeck; Smidt

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

     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 HB 1160 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Adelstein; Apa; Bartling; Broderick; Duniphan; Earley; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Kooistra; Koskan; McCracken; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

     Nays:
Abdallah; Bogue; Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Knudson; Lintz; McNenny; Moore; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

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

     Sen. Knudson announced his intention to reconsider the vote by which HB 1160 passed.

     HB 1258:   FOR AN ACT ENTITLED, An Act to   revise the definition of an abused or neglected child.

     Was read the second time.

     The question being "Shall HB 1258 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; 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:
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.

     Sen. Bogue moved that HB 1212 be deferred to Friday, February 25, the 34th legislative day.

     Which motion prevailed.

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

     Was read the second time.

     The question being "Shall HB 1234 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

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

     HB 1257:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Board of Pardons and Paroles.

     Was read the second time.

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     Sen. Moore moved that HB 1257 be further amended as follows:

     On the Senate Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the House Judiciary Committee engrossed version.

     Sen. Bogue moved that HB 1257 and pending amendment be laid on the table.

     The question being on Sen. Bogue's motion that HB 1257 and pending amendment be laid on the table.

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

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

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

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1257 and the pending amendment were laid on the table.


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

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 151 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 41: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding access to vital records.

     SB 45: FOR AN ACT ENTITLED, An Act to  authorize the Bureau of Administration to donate the former Governor's residence for a public purpose and to declare an emergency.

     SB 61: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Science and Technology Authority to use eminent domain for certain limited purposes.

     SB 68: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the licensing of estheticians.

     SB 73: FOR AN ACT ENTITLED, An Act to  revise the power of rural fire protection districts to contract with certain entities.

     SB 82: FOR AN ACT ENTITLED, An Act to  permit a real estate broker to appoint agents within an office to represent separate parties to a real estate transaction.

     SB 99: FOR AN ACT ENTITLED, An Act to  permit financial institutions to prepay future tax liabilities.

     SB 106: FOR AN ACT ENTITLED, An Act to  revise the restrictions of transfers from bond redemption funds.

     SB 124: FOR AN ACT ENTITLED, An Act to  clarify certain provisions relating to bank investments in certain annuities.

     SB 134: FOR AN ACT ENTITLED, An Act to  revise the dates for holding certain elections and filing certain nominating petitions.

     SB 150: FOR AN ACT ENTITLED, An Act to  permit certain services to be provided by municipal officials.

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

     SB 169: FOR AN ACT ENTITLED, An Act to  require hospitals to report the charges for certain diagnostic-related groups.

     SB 180: FOR AN ACT ENTITLED, An Act to  clarify that a tax may not be abated if a tax certificate is outstanding.

     SB 209: FOR AN ACT ENTITLED, An Act to  revise the number of dentists eligible to participate in the dental tuition reimbursement program.

     SB 221: FOR AN ACT ENTITLED, An Act to  establish certain restrictions regarding the sale and purchase of products containing pseudoephedrine or ephedrine and to provide penalties for violation thereof.

     HB 1054: FOR AN ACT ENTITLED, An Act to  revise the General Appropriations Act for fiscal year 2005.

     HB 1057: FOR AN ACT ENTITLED, An Act to  make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

     HB 1079: FOR AN ACT ENTITLED, An Act to  repeal certain executed and superceded mining statutes.

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

     HB 1100: FOR AN ACT ENTITLED, An Act to  exempt swine and cattle semen from sales and use tax.

     HB 1128: FOR AN ACT ENTITLED, An Act to  revise the definition of agricultural purposes as it relates to sales tax.

     HB 1163: FOR AN ACT ENTITLED, An Act to  allow Vietnam veterans to receive honorary high school diplomas.

     HB 1172: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the regulation of athletic trainers.

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


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

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

     HB 1190: FOR AN ACT ENTITLED, An Act to  provide for recognition of certain valid nonresident permits to carry a concealed pistol.

     HB 1205: FOR AN ACT ENTITLED, An Act to  designate fry bread as the official bread of South Dakota.

     HB 1209: FOR AN ACT ENTITLED, An Act to  provide for limited confidentiality of certain firearms information.

     HB 1239: FOR AN ACT ENTITLED, An Act to  revise the method for setting the fees that may be received by a county coroner.

     And signed the same in the presence of the Senate.

     Sen. Jim Peterson moved that the Senate do now adjourn, which motion prevailed and at 3:04 p.m. the Senate adjourned.

Patricia Adam, Secretary