Senate Journal 03/04/2005 9:00 AM

JOURNAL OF THE SENATE

EIGHTIETH SESSION

THIRTY-NINTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 4, 2005

The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Theodora Boolin, followed by the Pledge of Allegiance led by Senate page Katelynn Lovrien.

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 thirty-eighth 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.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 17, 35, 60, 95, 109, 119, 139, 143, 144, 178, 183, 191, and 193 were delivered to his Excellency, the Governor, for his approval at 8:58 a.m., March 4, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1022 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 214.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Bogue moved that the Senate do now recess until 11:00 a.m., which motion prevailed and at 9:11 a.m., the Senate recessed.

RECESS

The Senate reconvened at 11:00 a.m., the President presiding.

Sen. Bogue moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 11:40 a.m., the Senate recessed.

RECESS

The Senate reconvened at 2:00 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 214 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1260 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1260 be amended as follows:

On page 3, line 17 of the Senate engrossed bill, delete " five hundred " and insert "two hundred fifty".

On page 3 , line 18, delete " ($500,000) " and insert "($250,000)".

On page 8, line 17, delete " establish " and insert "propose".

Respectfully submitted,                         Respectfully submitted,
Roger W. Hunt                                John Koskan
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 67 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 67 be amended as follows:

On page 28, line 17 of the House Judiciary Committee engrossed bill, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 28 , delete lines 18 to 20 , inclusive.

On page 28 , line 21, delete " substance listed in Schedule I or II is a Class 2 felony " .

On page 28 , line 21, delete " of more than " .

On page 28 , line 22, delete " one pound " .

On page 28 , line 22, delete " ~~Class 2~~ Class 1 " and insert "Class 2".

On page 31 , line 15, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 31 , delete lines 16 and 17 .

On page 31 , line 18, delete everything before " . "

On page 33, line 16, remove the overstrikes from " ~~one thousand~~ " and delete " six hundred ".

On page 33, line 20, remove the overstrikes from " ~~The sentence imposed for a conviction under this section carries a~~ " .

On page 33 , remove the overstrikes from lines 21 to 24 , inclusive.

On page 34 , remove the overstrikes from lines 1 to 5 , inclusive.

On page 35, line 9, delete " , including speeding " .

On page 35 , remove the overstrikes from line 10 .

On page 46, after line 6, insert:

"Section 105. 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 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. 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.

Section 106. 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 ninety 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 for distribution to a minor 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 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.

Respectfully submitted,                         Respectfully submitted,
Sean M. O'Brien                                Lee Schoenbeck
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 157 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 157 be amended as follows:

On page 1, line 8 of the House engrossed bill, after " include " insert ", but is not limited to".

On page 1 , line 14, after " decline " insert "or increase".

On page 1 , line 15, after " ; " delete " and " .

On page 2 , line 1, delete " . " and insert "; and".

On page 2 , after line 1, insert "(7) Transportation services and costs."

On page 2, line 4 of the House engrossed bill, after " districts. " insert "The members shall be appointed by the Executive Board of the Legislative Research Council and shall include at least one member from each party from both the Senate and the House of Representatives."

On page 2 , delete lines 8 to 24 , inclusive.

Delete pages 3 to 5 .

On page 6 , delete lines 1 to 8 , inclusive.

On page 6, delete lines 9 to 13 , inclusive.

On page 1, line 1, delete everything after " An Act to " and insert "direct the Department of Education to undertake a study of school funding."

On page 1 , delete lines 2 to 4 , inclusive.

Respectfully submitted,                         Respectfully submitted,
Joel D. Dykstra                                Clarence Kooistra
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1028 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1028 be amended as follows:

On page 1 of the Senate engrossed bill, delete lines 5 to 10 , inclusive.

On page 2 , line 7, delete " , or so much thereof as may be necessary " .

On page 2 , line 14, overstrike " The " and insert " For eligible students who are freshmen in either the 2004 or 2005 academic year, the ".

On page 2 , line 18, remove the overstrikes from " ~~Two~~ " and delete " One ".

On page 2 , line 22, remove the overstrikes from " ~~five~~ " and delete " four ".

On page 2 , between lines 23 and 24, insert:

" For eligible students who are freshmen in the 2006 academic year or later, the amount of the annual award shall be as follows:

(1) One thousand dollars for the first year of attendance;

(2) One thousand dollars for the second year of attendance;

(3) One thousand dollars for the third year of attendance;

(4) One thousand dollars for the fourth year of attendance.

The total amount of the scholarship may not exceed four thousand dollars. "

On page 3 , delete lines 6 to 8 , inclusive, and insert:

"Section 4. Section 1 of this Act shall take effect on July 1, 2006."

Respectfully submitted,                         Respectfully submitted,
J.E. "Jim" Putnam                            Jerry Apa
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 6 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that all House amendments be deleted, thus restoring the bill to its printed version.

Respectfully submitted,                         Respectfully submitted,
Ted A. Klaudt                                William F. Earley
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1220 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1220 be amended as follows:

On page 1, line 6 of the Senate engrossed bill, delete everything after " of " and insert "three million six thousand nine hundred sixty dollars ($3,006,960)".

On page 1 , line 7, delete " hundred seventy-one dollars ($2,758,771) " .

On page 3, after line 23, insert:

"Section 3. 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."

On page 1, line 1, after " education " insert ",".

On page 1 , line 2, delete " and " and insert "to".

On page 1 , line 2, after " therefor " insert ", and to exempt from reversion certain funds appropriated for state aid to education".

Respectfully submitted,                         Respectfully submitted,
Larry Rhoden                                Dave Knudson
House Committee Chair                        Senate Committee Chair

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1222 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1222 be amended as follows:

On page 1, line 11 of the Senate Judiciary Committee engrossed bill, delete " his or her " and insert "any".

On page 2, line 1, delete " his or her " and insert "any".

Respectfully submitted,                         Respectfully submitted,
Sean M. O'Brien                                Ed Olson
House Committee Chair                        Senate Committee Chair

MOTIONS AND RESOLUTIONS

HCR 1021: A CONCURRENT RESOLUTION, Supporting the construction of an outdoor facility for Native American performing arts and competitive events.

Was read the second time.

Sen. Two Bulls moved that the Senate do concur in HCR 1021 as found on page 722 of the House Journal.

Sen. Kelly moved as a substitute motion that HCR 1021 be deferred to Tuesday, March 22, the 40^th legislative day.

Which motion prevailed.

SENATE PAGE RESOLUTION 4 Introduced by: Senators 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eightieth Legislature of the State of South Dakota to Barton Bartling, Meghan Byrum, Danielle Carver, Sara Larsen, Katelynn Lovrien, Jenna Mann, Eli McGehee, Sara McGirr, Kalyn McNenny, and Tiffany Rolfing.

WHEREAS, the above named served loyally as pages for the Senate of the Eightieth Legislative Session; and

WHEREAS, the members of the Eightieth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eightieth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Bogue moved that Senate Page Resolution 4 be adopted.

The question being on Sen. Bogue's motion that Senate Page Resolution 4 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.

Sen. Hundstad moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar HCR 1022 urging Congress to submit to the states for ratification a balanced budget amendment to the United States Constitution.

The question being on Sen. Hundstad's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar HCR 1022 urging Congress to submit to the states for ratification a balanced budget amendment to the United States Constitution.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Adelstein; Bartling; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

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

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Koskan moved that the report of the Conference Committee on HB 1260 as found on page 765 of the Senate Journal be adopted.

The question being on Sen. Koskan's motion that the report of the Conference Committee on HB 1260 be adopted.

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; 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:
Gray

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

Sen. Kooistra moved that the report of the Conference Committee on SB 157 as found on page 767 of the Senate Journal be adopted.

The question being on Sen. Kooistra's motion that the report of the Conference Committee on SB 157 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

Sen. Apa moved that the report of the Conference Committee on HB 1028 as found on page 768 of the Senate Journal be adopted.

Sen. Nesselhuf moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1028 and do not appoint a new committee.

Sen. Koskan moved that Sen. Nesselhuf's motion to not adopt the report of the Conference Committee on HB 1028 and to not appoint a new committee be laid on the table.

Which motion prevailed.

The question being on Sen. Apa's motion that the report of the Conference Committee on HB 1028 be adopted.

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; 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:
Nesselhuf

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

Sen. Earley moved that the report of the Conference Committee on SB 6 as found on page 769 of the Senate Journal be adopted.

The question being on Sen. Earley's motion that the report of the Conference Committee on SB 6 be adopted.

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Abdallah; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; 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:
Adelstein; Gray; Knudson

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.

Sen. Schoenbeck moved that the report of the Conference Committee on SB 67 as found on page 765 of the Senate Journal be adopted.

Sen. Koetzle moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 67 and do not appoint a new committee.

Sen. Abdallah moved that Sen. Koetzle's substitute motion to not adopt the report of the Conference Committee on SB 67 and to not appoint a new committee be laid on the table.

Which motion lost.

The question being on Sen. Koetzle's substitute motion to not adopt the report of the Conference Committee on SB 67 and to not appoint a new committee.

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

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

Nays:
Abdallah; Adelstein; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; Koskan; McCracken; Schoenbeck; Smidt; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

Sen. Knudson moved that the report of the Conference Committee on HB 1220 as found on page 769 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1220 be adopted.

And the roll being called:

Yeas 32, Nays 2, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Napoli; Smidt

Excused:
Abdallah

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

Sen. Ed Olson moved that the report of the Conference Committee on HB 1222 as found on page 770 of the Senate Journal be adopted.

Sen. Koskan moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1222 and do not appoint a new committee.

The question being on Sen. Koskan's substitute motion to not adopt the report of the Conference Committee on HB 1222 and to not appoint a new committee.

And the roll being called:

Yeas 17, Nays 18, Excused 0, Absent 0

Yeas:
Apa; Bogue; Duenwald; Duniphan; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Sutton (Duane)

Nays:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Earley; Gant; Gray; Hundstad; Knudson; Koetzle; McCracken; Nesselhuf; Olson (Ed); Schoenbeck; 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.

Sen. Schoenbeck moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1222 and that a new committee 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 announced as such committee Sens. Schoenbeck, Moore, and Ed Olson.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1067 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1067 be amended as follows:

On page 1, line 7 of the Senate Education Committee engrossed bill, delete " ~~eleven~~ ten dollars and ~~forty-five~~ ninety cents " and insert "eleven dollars ~~and forty-five cents~~ ".

On page 1 , line 13, delete " sixteen " and insert " nineteen ".

On page 2 , line 3, delete " nine " and insert " thirteen ".

On page 2 , line 9, delete " sixteen " and insert " nineteen ".

Respectfully submitted,                         Respectfully submitted,
Larry Rhoden                                Dave Knudson
House Committee Chair                        Senate Committee Chair

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Knudson moved that the report of the Conference Committee on HB 1067 as found on page 776 of the Senate Journal be adopted.

The question being on Sen. Knudson's motion that the report of the Conference Committee on HB 1067 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

MESSAGE 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 43.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Schoenbeck moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 3:35 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:00 p.m., the President presiding.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 67 and has reappointed Reps. O'Brien, Cutler, and Gillespie as a new 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.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1028.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1222 and has reappointed Reps. O'Brien, Murschel, and Gillespie as a new 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.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Schoenbeck moved that the Senate do now reconsider the vote by which SB 67 lost.

The question being on Sen. Schoenbeck's motion to reconsider the vote by which SB 67 lost.

And the roll being called:

Yeas 21, Nays 12, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duniphan; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; McCracken; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane)

Nays:
Apa; Bartling; Duenwald; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Lintz; McNenny; Moore; Two Bulls

Excused:
Napoli; Peterson (Jim)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 67 was up for reconsideration and final passage.

Sen. Schoenbeck moved that the Senate do not adopt the report of the Conference Committee on SB 67 and that a new committee 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 announced as such committee Sens. Schoenbeck, Bogue, and Koetzle.

Sen. Bogue moved that the Senate do now recess until 5:30 p.m., which motion prevailed and at 4:07 p.m., the Senate recessed.

RECESS

The Senate reconvened at 5:30 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 4, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on March 4, 2005, I approved Senate Bills 2, 53, 114, 125, 154, 175, 188, 216, and 217, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

March 4, 2005

Mr. President and Members of the Senate:

I have the honor to inform you that on March 3, 2005, I approved Senate Bills 12, 107, 121, 164, 189, and 207, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 43 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 67 and 157 and HB 1067 and 1220.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 6 and no new committee was appointed.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1260 and has reappointed Reps. Hunt, Garnos, and Hargens as a new 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.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Schoenbeck moved 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 on HB 1260.

Which motion prevailed and the President announced as such committee Sens. Koskan, Jim Peterson, and Kelly.

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

On page 1, line 7 of the Senate Judiciary Committee engrossed bill, delete " , mental, or emotional " .

On page 1, line 10, delete " : " and insert "knowingly".

On page 1 , delete lines 11 to 14 , inclusive.

On page 2 , line 1, delete " (2) Knowingly " .

On page 2, delete lines 4 to 6 , inclusive.

Also MR. PRESIDENT:

On page 28, line 17 of the House Judiciary Committee engrossed bill, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 28 , delete lines 18 to 20 , inclusive.

On page 28 , line 21, delete " substance listed in Schedule I or II is a Class 2 felony " .

On page 28 , line 21, delete " of more than " .

On page 28 , line 22, delete " one pound " .

On page 28 , line 22, delete " ~~Class 2~~ Class 1 " and insert "Class 2".

On page 31 , line 15, remove the overstrikes from " ~~is a Class 4 felony~~ " .

On page 31 , delete lines 16 and 17 .

On page 31 , line 18, delete everything before " . "

On page 33, line 16, remove the overstrikes from " ~~one thousand~~ " and delete " six hundred ".

On page 33, line 20, remove the overstrikes from " ~~The sentence imposed for a conviction under this section carries a~~ " .

On page 33 , remove the overstrikes from lines 21 to 24 , inclusive.

On page 34 , remove the overstrikes from lines 1 to 5 , inclusive.

On page 35, line 9, delete " , including speeding " .

On page 35 , remove the overstrikes from line 10 .

On page 46, after line 6, insert:

"Section 105. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

Section 106. That chapter 22-42 be amended by adding thereto a NEW SECTION to read as follows:

On page 7, line 1 of the House Judiciary Committee engrossed bill, delete " . The chemical " .

On page 7 , delete lines 2 and 3 , inclusive.

On page 7 , line 4, delete everything before " . "

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

On page 7 , line 21, delete everything after " Section 17. "

On page 7 , delete lines 22 to 24 , inclusive.

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

"Section 18.

Section 19.

Section 20.

Section 21."

On page 9 , delete lines 1 to 7 , inclusive.

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.

Section 26.

Section 27.

Section 28."

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

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

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

On page 12 , remove the overstrikes from line 24 .

On page 13 , remove the overstrikes from line 1 .

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Schoenbeck moved that the report of the Conference Committee on HB 1222 as found on page 781 of the Senate Journal be adopted.

The question being on Sen. Schoenbeck's motion that the report of the Conference Committee on HB 1222 be adopted.

And the roll being called:

Yeas 14, Nays 18, Excused 3, Absent 0

Yeas:
Adelstein; Broderick; Dempster; Duniphan; Gant; Gray; Hundstad; Knudson; Kooistra; McCracken; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan)

Nays:
Abdallah; Apa; Bartling; Bogue; Duenwald; Earley; Greenfield; Hansen (Tom); Hanson (Gary); Kloucek; Koetzle; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Sutton (Duane); Two Bulls

Excused:
Kelly; Koskan; Smidt

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

Sen. Schoenbeck moved that the report of the Conference Committee on SB 67 as found on page 781 of the Senate Journal be adopted.

The question being on Sen. Schoenbeck's motion that the report of the Conference Committee on SB 67 be adopted.

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Gant; Hansen (Tom); Kelly; Knudson; Kooistra; Koskan; McCracken; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan)

Nays:
Apa; Bartling; Earley; Gray; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Sutton (Duane); Two Bulls

Excused:
Smidt

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.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1088 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on HB 1222 and no new committee was appointed.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1088: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the first time and the President announced the waiving of referral to committee and declared HB 1088 up for immediate consideration.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Was read the second time.

1088zn

Sen. Kloucek moved that HB 1088 be further amended as follows:

On page 30, after line 24 of the House Appropriations Committee engrossed bill, insert:

"Section 30. The commissioner of the Bureau of Finance and Management shall transfer to the general fund one percent of each general fund appropriation in this Act with the exception of those appropriations for the following programs: economic assistance; medical services; adult services and aging; family practice residency program; state aid to general education; state aid to special education; postsecondary vocational education; the Board of Regents institutions; the State Veterans' Home; and the Department of Human Services institutions".

Sen. Bogue moved that Sen. Kloucek's motion to further amend HB 1088 be laid on the table.

Which motion prevailed.

The question being "Shall HB 1088 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, 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; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Greenfield; Koetzle; Napoli

Excused:
Smidt

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.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

On page 3 of the Senate engrossed bill, delete lines 17 to 23 , inclusive.

On page 16 , delete lines 11 to 13 , inclusive.

On page 1, line 1, after " Authority " delete " , " and insert "."

On page 1 , delete line 2 .

Respectfully submitted,                         Respectfully submitted,
Roger W. Hunt                                John Koskan
House Committee Chair                        Senate Committee Chair

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Koskan moved that the report of the Conference Committee on HB 1260 as found on page 787 of the Senate Journal be adopted.

The question being on Sen. Koskan's motion that the report of the Conference Committee on HB 1260 be adopted.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Gray

Excused:
Smidt

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.

MESSAGE 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 HB 1260.

Respectfully,
Karen Gerdes, Chief Clerk

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 67 and 157 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 43 and 214 were delivered to his Excellency, the Governor, for his approval at 6:58 p.m., March 4, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

SIGNING OF BILLS

The President publicly read the title to

SB 43: FOR AN ACT ENTITLED, An Act to revise the South Dakota criminal code.

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

SB 157: FOR AN ACT ENTITLED, An Act to direct the Department of Education to undertake a study of school funding.

SB 214: FOR AN ACT ENTITLED, An Act to provide tax refunds for certain soybean and biodiesel facilities.

HB 1004: FOR AN ACT ENTITLED, An Act to require that certain financial information concerning fund balances be reported to the Legislature.

HB 1028: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the South Dakota opportunity scholarships, to provide for long-term funding of the scholarships, to revise certain scholarship provisions, and to declare an emergency.

HB 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding abandoned motor vehicles.

HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the state fair, to limit certain transfers and expenditures of funds, and to declare an emergency.

HB 1067: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund and the special education tax levy of a school district.

HB 1082: FOR AN ACT ENTITLED, An Act to appropriate money for postsecondary technical education enhancement.

HB 1093: FOR AN ACT ENTITLED, An Act to allow certain nonpublic school students to participate in interscholastic activities at other nonpublic schools.

HB 1122: FOR AN ACT ENTITLED, An Act to provide certain contractor's excise, sales, and use tax refunds.

HB 1139: FOR AN ACT ENTITLED, An Act to revise certain provisions related to energy conservation measures.

HB 1149: FOR AN ACT ENTITLED, An Act to allow the Department of Education to enter into certain enrollment agreements with the State of North Dakota and to compensate certain school districts for lost revenue due to the agreements.

HB 1152: FOR AN ACT ENTITLED, An Act to establish an internal service fund for municipal equipment purchases.

HB 1170: FOR AN ACT ENTITLED, An Act to provide for the certification of distance learning providers and to authorize the Board of Education to promulgate rules relating to distance learning courses and to declare an emergency.

HB 1202: FOR AN ACT ENTITLED, An Act to provide for a salvage title.

HB 1212: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to professional and occupational licensing boards.

HB 1220: FOR AN ACT ENTITLED, An Act to revise the calculation of state aid to general education, to appropriate money therefor, and to exempt from reversion certain funds appropriated for state aid to education.

HB 1226: FOR AN ACT ENTITLED, An Act to establish certain notice provisions related to the custody and placement of Indian children.

HB 1233: FOR AN ACT ENTITLED, An Act to establish a task force to study abortion and to provide for its composition, scope, and administration.

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

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

HB 1252: FOR AN ACT ENTITLED, An Act to approve the state prairie dog management plan and to require that amendments to the plan be approved by the Legislature.

HB 1260: FOR AN ACT ENTITLED, An Act to create the South Dakota Energy Infrastructure Authority.

HB 1261: FOR AN ACT ENTITLED, An Act to provide for the refund of the sales and contractor's excise tax for significant capital investment and large job-creation projects.

HB 1264: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Constitutional Revision Commission.

And signed the same in the presence of the Senate.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 67 and 157 were delivered to his Excellency, the Governor, for his approval at 7:48 p.m., March 4, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Tuesday, March 22, the 40^th legislative day.

Which motion prevailed.

Sen. Koskan moved that the Senate do now adjourn, which motion prevailed and at 7:53 p.m. the Senate adjourned.

Patricia Adam, Secretary