Senate Journal 02/23/2005 2:00 PM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 23, 2005

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

The prayer was offered by the Chaplain, Pastor Nancy Kapp, followed by the Pledge of Allegiance led by Senate page Tiffany Rolfing.

Roll Call: All members present except Sen. Earley who was 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 thirty-first day.

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

And we hereby move the adoption of the report.

Respectfully submitted,

Lee Schoenbeck, Chair

Which motion prevailed and the report was adopted.

COMMUNICATIONS AND PETITIONS

February 22, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on February 22, 2005, I approved Senate Bills 37, 86, 103, 129, and 208, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1154 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1152 and returns the same with the recommendation that said bill be amended as follows:

1152tb

On page 1, line 7 of the printed bill, delete " finance " and insert "provide for".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1240 and returns the same with the recommendation that said bill be amended as follows:

1240ta

On page 1, line 8 of the House Taxation Committee engrossed bill, delete " board of equalization " .

1240tb

On page 1, line 10 of the House Taxation Committee engrossed bill, after " published " insert " as provided in § 10-11-40 ".

And that as so amended said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1018, 1028, 1052, 1053, 1056, 1150, 1214, and 1215 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1263 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 Judiciary respectfully reports that it has had under consideration HB 1042, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1042oc

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

"Section 1. That § 32-30-12.2 be amended to read as follows:

32-30-12.2. No person ~~shall intentionally~~ may abandon a motor vehicle on any public highway or right-of-way. A violation of this section is a ~~Class 1~~ Class 2 misdemeanor. Any person convicted of abandoning a motor vehicle shall be ordered to pay ~~a fine of five hundred dollars~~ any reasonable towing and storage fees, if the person was notified pursuant to § 32-36-8 . The court shall suspend the fine if the person pays for the towing and storage expenses. "

1042ota

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "revise certain provisions regarding abandoned motor vehicles."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1222 and returns the same with the recommendation that said bill be amended as follows:

1222jb

On page 2 of the House engrossed bill, delete line 1 , and insert "manufacturing, using, or distributing methamphetamines or any other unlawfully manufactured controlled drug or substance."

1222rl

On page 1, line 5 of the House engrossed bill, after " clothing, " insert "medical care,".

1222rm

On page 1, line 8 of the House engrossed bill, delete " Class 1 misdemeanor " and insert "Class 6 felony".

1222rn

On page 1, line 5 of the House engrossed bill, delete " or shelter " and insert "shelter, or supervision".

And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1166 and 1249 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that said bill be amended as follows:

1233oa

On page 1, line 5 of the printed bill, delete " fifteen " and insert "seventeen".

On page 1 , line 6, delete " four " and insert "six".

On page 1 , line 8, delete " The initial " .

On page 1 , line 9, delete everything before " If " .

And that as so amended said bill do pass.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1095 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1229 and returns the same with the recommendation that said bill be amended as follows:

1229jf

On page 1, line 12 of the printed bill, delete " by July 1, 2006 " .

On page 1 , between lines 13 and 14, insert:

" Notwithstanding the provisions of this section, any person who provides family day care for more than six but not more than twelve children from more than one unrelated family and who does not receive direct or indirect public funds for the provision of family day care as of July 1, 2005, shall submit his or her name and address to the Department of Social Services by November 1, 2005. Any such person has until July 1, 2008, to become registered pursuant to § 26-6-14.2. The department shall provide or arrange for education and training programs on the applicable laws and rules governing family day care for persons who have submitted their names and addresses to the department or who are registered pursuant to this section. Any person who establishes a family day care after June 30, 2005, for more than six children shall apply for registration and become registered with the department as a family day care provider pursuant to § 26-6-14.2. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1106 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 48, 76, 93, 94, 97, 112, and 207 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 41, 45, 61, 68, 73, 82, 99, 106, 124, 134, 150, 152, 169, 180, 209, and 221 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 23, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 96, 171, and 179 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 48, 93, 94, 112, and 207 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1013 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

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

Sen. Knudson moved that the Senate do now reconsider the vote by which HB 1160 passed.

The question being on Sen. Knudson's motion to reconsider the vote by which HB 1160 passed.

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bogue; Dempster; Gant; Gray; Hansen (Tom); Knudson; Koskan; Moore; Schoenbeck; Smidt; Sutton (Duane)

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

Excused:
Earley

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

SCR 4: A CONCURRENT RESOLUTION, Requesting the USDA Forest Service to adopt the Healthy Forest Alternative to the Phase II Forest Plan Amendment for the Black Hills National Forest.

Was read the second time.

Sen. McNenny moved that SCR 4 as found on page 343 of the Senate Journal be adopted.

The question being on Sen. McNenny's motion that SCR 4 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; 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

Excused:
Earley

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

Sen. Duane Sutton moved that the Committee on Education be instructed to deliver HB 1093 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

HCR 1013: A CONCURRENT RESOLUTION, Requesting the Congress of the United States to direct the Corps of Engineers to address and rectify the problems caused by the accumulation of sediment in the Missouri River main stem reservoirs.

Was read the first time.

The President announced the waiving of the committee referral and HCR 1013 was placed on the calendar of Thursday, February 24, the 33^rd legislative day.

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed HB 1049 from the Consent Calendar.

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

Was read the second time.

The question being "Shall HB 1228 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Earley

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 1098: FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the terms of conservation easements.

Was read the second time.

The question being "Shall HB 1098 pass?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Apa; Gray; Greenfield; Schoenbeck; Sutton (Duane)

Excused:
Earley

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 1188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding amounts payable under reinsurance contracts in liquidation proceedings of insurers.

Was read the second time.

The question being "Shall HB 1188 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Earley

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 1194: FOR AN ACT ENTITLED, An Act to require notification to certain retail licensees of prohibited alcohol sales to persons below the age of twenty-one prior to any subsequent violation.

Was read the second time.

Sen. Ed Olson moved that HB 1194 be deferred to Thursday, February 24, the 33^rd legislative day.

Which motion prevailed.

HB 1197: FOR AN ACT ENTITLED, An Act to continue certain restrictions on the use of artificial lights to hunt or locate wild animals.

Was read the second time.

The question being "Shall HB 1197 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

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

Nays:
Adelstein; Hundstad; Kloucek; Koskan; Moore; Nesselhuf

Excused:
Earley

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 1203 be deferred to Friday, February 25, the 34^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 16 Introduced by: Senator Moore and Representatives Michels and Hunhoff

A LEGISLATIVE COMMEMORATION, Honoring Kyle Frangenberg for achieving the rank of Eagle Scout.

WHEREAS, Kyle Frangenberg of Lesterville has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout. Kyle will be recognized by the Boy Scouts of America for achieving the rank of Eagle Scout on February 20, 2005, at 1:30 p.m.; and

WHEREAS, Kyle Frangenberg's dedication to Boy Scout Troop 180 in Yankton, and his contributions to those around him have resounded positively throughout his community and will continue to do so for years to come; and

WHEREAS, Kyle Frangenberg has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Kyle Frangenberg, a member of Boy Scout Troop 180, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

SC 17 Introduced by: Senator Broderick and Representatives Dykstra and Gillespie

A LEGISLATIVE COMMEMORATION, Commending and honoring Kristin Hanson for receiving the Prudential Spirit of Community Award for being one of the top volunteers in South Dakota.

WHEREAS, Kristin Hanson, an esteemed resident of Elk Point and a student at Elk Point High School, has achieved national recognition for exemplary volunteer service by receiving a 2005 Prudential Spirit of Community Award; and

WHEREAS, Kristin Hanson has received this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, which honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Kristin Hanson earned this award by giving generously of her time and energy to her community by participating in numerous volunteer projects, such as collecting donations for the local veterans, raising money for a cancer fund in the Elk Point area, and collecting food for the disadvantaged; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Kristin Hanson who use their talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eightieth Legislature of the State of South Dakota, that Kristin Hanson hereby be commended and honored as a recipient of the Prudential Spirit of Community Award, and for her outstanding record of volunteer service, peer leadership, and community spirit.

SIGNING OF BILLS

The President publicly read the title to

SB 48: FOR AN ACT ENTITLED, An Act to authorize the director of the Division of Banking to enter into certain interstate agreements and to establish certain procedures regarding those agreements.

SB 76: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2004.

SB 93: FOR AN ACT ENTITLED, An Act to authorize qualified dispositions in trust.

SB 94: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

SB 97: FOR AN ACT ENTITLED, An Act to establish a maximum value for certain protected homesteads.

SB 112: FOR AN ACT ENTITLED, An Act to repeal certain requirements related to works of art in state buildings.

SB 207: FOR AN ACT ENTITLED, An Act to revise certain mobile and manufactured home provisions related to taxation, fees, titling, and penalties.

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.

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.

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.

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

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.

And signed the same in the presence of the Senate.

Sen. Gary Hanson moved that the Senate do now adjourn, which motion prevailed and at 2:51 p.m. the Senate adjourned.

Patricia Adam, Secretary