JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  




SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 18, 2006

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

     The prayer was offered by the Chaplain, Pastor Harvey Friez, followed by the Pledge of Allegiance led by Senate page Meagan O'Connor.

     Roll Call: All members present except Sen. Smidt 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 fifth 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.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  71 and 73 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 11 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 SB 3, 12, and 13 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1033 and 1047 and HJR 1001, 1002, and 1003 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk
CONSIDERATION OF REPORTS OF COMMITTEES


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

     Transportation on SB 25 as found on page 79 of the Senate Journal ; also

     Transportation on SB 39 as found on page 80 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 78   Introduced by:  Senator Knudson and Representative Michels

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the submission of direct legislation to a vote of the people at a general election.

     Was read the first time and referred to the Committee on State Affairs.

     SB 79   Introduced by:  Senators Kloucek and Hanson (Gary) and Representatives Gassman, Bradford, Lange, and Valandra

       FOR AN ACT ENTITLED, An Act to   exempt the purchase of farm machinery, farm attachment units, and irrigation equipment from sales and use tax.

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

     SB 80   Introduced by:  Senators Kloucek, Bartling, Hanson (Gary), Hundstad, Moore, and Peterson (Jim) and Representatives Glover, Garnos, Hargens, Jerke, Lange, Putnam, and Valandra

       FOR AN ACT ENTITLED, An Act to   exempt feed for certain game birds from sales and use tax.

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

     SB 81   Introduced by:  Senators Schoenbeck, Abdallah, Duniphan, Kelly, Kloucek, Koetzle, McCracken, Moore, and Olson (Ed) and Representatives Cutler, Haley, Jensen, McCoy, Murschel, Nelson, and Roberts

       FOR AN ACT ENTITLED, An Act to   revise the index factor for determining the per student allocation for school districts.



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

     SB 82   Introduced by:  Senators Adelstein, Dempster, Duniphan, Knudson, Olson (Ed), and Two Bulls and Representatives Hennies, Bradford, Hanks, McLaughlin, Putnam, and Valandra

       FOR AN ACT ENTITLED, An Act to   provide for the appointment of a Native American law enforcement officer to the Law Enforcement Office Standards Commission.

     Was read the first time and referred to the Committee on State Affairs.

     SB 83   Introduced by:  Senators Knudson, Adelstein, Dempster, Hansen (Tom), Hanson (Gary), Kelly, Kooistra, Nesselhuf, and Olson (Ed) and Representatives Thompson, Bradford, Cutler, Elliott, Faehn, Garnos, Gassman, Glover, Hennies, McCoy, McLaughlin, Miles, Murschel, Nelson, Olson (Ryan), Roberts, Street, Tornow, and Van Norman

       FOR AN ACT ENTITLED, An Act to   increase the length of time for which nationally certified teachers may receive stipends.

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

     SB 84   Introduced by:  Senators Apa and Bogue and Representatives Putnam and Rhoden

       FOR AN ACT ENTITLED, An Act to   provide that the state fair be held at the option of the secretary of agriculture.

     Was read the first time and referred to the Committee on State Affairs.

     SB 85   Introduced by:  Senators Apa and Bogue and Representatives Putnam and Rhoden

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to state fair contracts.

     Was read the first time and referred to the Committee on State Affairs.

     SB 86   Introduced by:  Senators Apa, Duenwald, Lintz, McNenny, and Napoli and Representatives Klaudt, Brunner, Hargens, Rave, and Rhoden

       FOR AN ACT ENTITLED, An Act to   require the Department of Game, Fish and Parks to receive the approval of the Legislature before acquiring certain land.

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


     SB 87   Introduced by:  Senators Kelly, Adelstein, Duniphan, Hansen (Tom), McCracken, and Sutton (Dan) and Representatives Hunt, Frost, Garnos, Hackl, Howie, Koistinen, Van Etten, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   require a broker to obtain written consent to advertise or market property on behalf of an owner.

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

     SB 88   Introduced by:  Senators Sutton (Dan), Bartling, Dempster, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Smidt, and Two Bulls and Representatives Roberts, Bradford, Elliott, Garnos, Gassman, Hennies, Lange, O'Brien, and Tidemann

       FOR AN ACT ENTITLED, An Act to   extend residency status to graduates of Flandreau Indian School.

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

     SB 89   Introduced by:  Senators McCracken, Gray, and Sutton (Dan) and Representatives McLaughlin, Boomgarden, Bradford, Krebs, Rounds, and Thompson

       FOR AN ACT ENTITLED, An Act to   require the offering of assisted living facility benefits to certain persons with long-term care insurance.

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

     SB 90   Introduced by:  Senators Bogue, Kelly, Knudson, and Schoenbeck and Representatives Deadrick and Gillespie

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the approval of plats.

     Was read the first time and referred to the Committee on Local Government.

     SB 91   Introduced by:  Senators Bogue, Knudson, and Schoenbeck and Representatives Deadrick and Gillespie

       FOR AN ACT ENTITLED, An Act to   remove the requirement of providing social security numbers in certain probate matters.

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


     SB 92   Introduced by:  Senators Knudson, Dempster, McCracken, Nesselhuf, and Olson (Ed) and Representatives Dykstra, Cutler, Novstrup, and Rave

       FOR AN ACT ENTITLED, An Act to   revise the formula for determining the amount of the sales, use, and contractors' excise tax refund provided to certain new business facilities.

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

     SB 93   Introduced by:  Senators Knudson, Bartling, Bogue, Broderick, Dempster, Gant, Gray, Koetzle, Koskan, Lintz, Moore, Nesselhuf, and Sutton (Duane) and Representatives Michels, Cutler, Dennert, Dykstra, Gillespie, Hargens, Lange, O'Brien, Peters, Rhoden, and Wick

       FOR AN ACT ENTITLED, An Act to   provide for an early presidential primary.

     Was read the first time and referred to the Committee on State Affairs.

     SB 94   Introduced by:  Senators Knudson, Bartling, Bogue, Broderick, Dempster, Gant, Gray, Koetzle, Koskan, Lintz, Moore, Nesselhuf, and Sutton (Duane) and Representatives Michels, Cutler, Dennert, Dykstra, Hargens, Lange, O'Brien, Peters, Rhoden, and Wick

       FOR AN ACT ENTITLED, An Act to   make an appropriation to reimburse counties for the cost of the 2008 presidential primary.

     Was read the first time and referred to the Committee on State Affairs.

     SB 95   Introduced by:  Senators Gant, Adelstein, Greenfield, and Olson (Ed) and Representatives Klaudt, Michels, and Valandra

       FOR AN ACT ENTITLED, An Act to   clarify that certain statutory interim committees may introduce legislation on their own motion.

     Was read the first time and referred to the Committee on Legislative Procedure.

     SB 96   Introduced by:  Senators Nesselhuf, Knudson, Lintz, McCracken, and Sutton (Dan) and Representatives Haley, Brunner, Hackl, Jensen, McLaughlin, Murschel, Roberts, and Thompson

       FOR AN ACT ENTITLED, An Act to   exempt religious organizations from sales and use taxes.

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


     SB 97   Introduced by:  Senators Moore, Hanson (Gary), Knudson, Lintz, and Olson (Ed) and Representatives Hunhoff, Buckingham, Halverson, Hargens, Krebs, Michels, and Putnam

       FOR AN ACT ENTITLED, An Act to   allow the governing body of taxing districts to automatically refer a property tax opt out to the voters.

     Was read the first time and referred to the Committee on Local Government.

     SB 98   Introduced by:  Senators Moore, McCracken, and Schoenbeck and Representatives Rave, Cutler, Gillespie, Hargens, Hennies, O'Brien, and Rounds

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding age requirements for the consumption of alcoholic beverages.

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

     SB 99   Introduced by:  Senators Schoenbeck, Abdallah, Adelstein, Bartling, Duniphan, Hansen (Tom), Kelly, Koetzle, McCracken, Moore, Olson (Ed), and Sutton (Dan) and Representatives Kraus, Cutler, Dykstra, Faehn, Haley, Halverson, Krebs, McCoy, McLaughlin, Michels, Murschel, O'Brien, and Olson (Ryan)

       FOR AN ACT ENTITLED, An Act to   establish a task force to study sexual assault and to provide for its composition, scope, and administration.

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

     SB 100   Introduced by:  Senators Apa, Bartling, Earley, Gant, Greenfield, Hanson (Gary), Koskan, Napoli, Smidt, and Sutton (Duane) and Representatives Putnam, Dennert, Glenski, Haverly, Hunhoff, Klaudt, Peters, Rausch, and Tidemann

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding state fund condition statements.

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

    

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HJR 1001:   A JOINT RESOLUTION,   To revise certain constitutional provisions regarding private and special laws.

     Was read the first time and referred to the Committee on State Affairs.


     HJR 1002:   A JOINT RESOLUTION,   To repeal certain voided constitutional provisions regarding term limits for United States senators and representatives.

     Was read the first time and referred to the Committee on State Affairs.

     HJR 1003:   A JOINT RESOLUTION,   To revise certain constitutional provisions regarding the Legislature.

     Was read the first time and referred to the Committee on State Affairs.

     HB 1033:   FOR AN ACT ENTITLED, An Act to   permit persons arrested for certain boating violations to be released upon execution of a promise to appear in court or upon furnishing a bond and to provide a penalty for failure to appear in court.

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

     HB 1047:   FOR AN ACT ENTITLED, An Act to   revise certain sales and use tax provisions related to products and substances associated with the application of pesticides and to clarify the definition of pesticides.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Nesselhuf requested that SB 55 be removed from the Consent Calendar.

     SB 37:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding fire safety and regarding the authority of the Department of Public Safety to promulgate rules pertaining to fire safety.

     Was read the second time.

     The question being "Shall SB 37 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Napoli

     Excused:
Earley; 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.

     SB 41:   FOR AN ACT ENTITLED, An Act to   revise and update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall SB 41 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Napoli

     Excused:
Earley; 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.

     SB 44:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding waiting periods for the filing of insurance rates.

     Was read the second time.


     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Napoli

     Excused:
Earley; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 24:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the authority of the Public Utilities Commission with regard to AC/DC conversion projects and energy conversion facilities.

     Was read the second time.

     The question being "Shall SB 24 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Earley; 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.



     SB 38:   FOR AN ACT ENTITLED, An Act to   increase the annual operation certificate fee for certain boilers.

     Was read the second time.

     The question being "Shall SB 38 pass?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hundstad; Kelly; Knudson; Koetzle; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane)

     Nays:
Apa; Bartling; Greenfield; Hanson (Gary); Kloucek; Kooistra; Napoli; Peterson (Jim); Two Bulls

     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.

     Sen. Gray moved that the Senate do now adjourn, which motion prevailed and at 2:28 p.m. the Senate adjourned.

Patricia Adam, Secretary