JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  




SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 19, 2006

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

     The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by Senate pages Michelle Sawyer and Cheryl Peyton.

     Roll Call: All members present except Sen. Jim Peterson 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 sixth 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 Judiciary respectfully reports that it has had under consideration SB 28 and 60 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 15 and 50 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill be amended as follows:

1ra
     On page 2, after line 14 of the printed bill, insert:

     "Section 2. That § 32-23-15 be amended to read as follows:

     32-23-15.   The Any person tested pursuant to §§  32-23-10, 32-23-13 , and 32-23-14 shall be permitted to have a physician, laboratory technician, registered nurse, physician's assistant, or medical technologist of his the person's own choosing administer the chemical analysis in addition to the one administered at the direction of the law enforcement officer.

     Section 3. That § 32-23-16 be amended to read as follows:

     32-23-16.   Upon the request of the any person who was tested pursuant to §§  33-23-10, 32- 23-13 , and 32-23-14, or upon the request of his the person's attorney, the results of such analysis shall be made available to him the person or to his the person's attorney. "


     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill be amended as follows:

57ra
     On page 2, line 6 of the printed bill, delete " two four " and insert "two".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill be amended as follows:

58ra
     On page 1, line 7 of the printed bill, delete " 1.4-butanedoil " and insert "1.4-butanediol".

     And that as so amended 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 SB 59 and returns the same with the recommendation that said bill be amended as follows:

59ra
     On page 1, line 15 of the printed bill, after " trial " insert " , parole revocation, or probation revocation, ".

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

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 29 and returns the same with the recommendation that said bill be amended as follows:

29ca
     On page 1, line 7 of the printed bill, delete everything after " . " and insert " They shall file a report by November 15, 2000, and deliver it Beginning on July 1, 2006, the Department of Education shall report on the preparation programs at each university at least once every seven years on a cyclical basis and distribute the reports to the Governor, the Legislature, and the Board of Regents. The report reports shall describe the programs, explain strengths and deficiencies in the programs, and recommend actions to improve the programs."

     On page 1 , delete lines 8 to 10 , inclusive.

     And that as so amended said bill do pass.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  70 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  40 and 49 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 SB  45, 47, and 48 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 31 and returns the same with the recommendation that said bill be amended as follows:

31oa
     On page 10 of the printed bill, delete lines 13 to 24 , inclusive, and insert:

             "    mortuary, if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet or less;
             (b)      Any building occupied as an auditorium, church, school, or theater if the gross square footage of the new construction, the enlargement, or the alteration is five thousand square feet or less;
             (c)      Any building occupied as a bowling alley, office, shopping center, bank, fire station, service station, or store if the gross square footage of the new construction, the enlargement, or the alteration is seven thousand square feet or less;
             (d)      Any building occupied as an industrial plant or public garage if the gross square footage of the new construction, the enlargement, or the alteration is eleven thousand square feet or less;".

     On page 11 , delete lines 1 to 6 , inclusive, and insert:


             "(e)      Any building occupied as a warehouse if the gross square footage of the new construction, the enlargement, or the alteration is twenty thousand square feet or less;
             (f)      Any building with an occupancy other than those listed in subsections (a) to (e), inclusive, of this subdivision if the gross square footage of the new construction, the enlargement, or the alteration is".

     And that as so amended said bill do pass.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 56 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 43 and 54 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

17oa
     On page 1, line 6 of the printed bill, delete " operate " and insert "drive".

     And that as so amended said bill do pass.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill do pass.


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 4 and tabled the same.

Respectfully submitted,
Jay Duenwald, Chair

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1002, 1003, 1007, 1023, 1024, 1025, 1042, and 1051 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 101   Introduced by:  Senators Apa, Earley, Moore, Napoli, and Sutton (Duane) and Representatives Putnam, Dennert, Glenski, Haverly, Klaudt, Peters, Rausch, and Tidemann

       FOR AN ACT ENTITLED, An Act to   establish the Public Utilities Commission as a separate agency.

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

     SB 102   Introduced by:  Senators Olson (Ed), Bartling, Bogue, Hundstad, and Smidt and Representatives Cutler, Faehn, Haverly, Hennies, Jensen, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   provide for the civil commitment of sexually violent predators.

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

     SB 103   Introduced by:  Senators Kloucek and Kooistra and Representatives Kroger, Dennert, Elliott, Gassman, Haley, Lange, Miles, Schafer, and Thompson

       FOR AN ACT ENTITLED, An Act to   revise the index factor in the state aid to education formula.



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

     SB 104   Introduced by:  Senator Kloucek and Representative Lange

       FOR AN ACT ENTITLED, An Act to   place the administration of the state fair under the South Dakota State Fair Commission.

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

     SB 105   Introduced by:  Senators Kloucek and Kooistra and Representatives Lange, Gassman, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   require financial assurances for certain concentrated animal feeding operations for the remediation of potential environmental damage.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 106   Introduced by:  Senators McNenny, Duenwald, Greenfield, Lintz, McCracken, and Peterson (Jim) and Representatives Jensen, Brunner, Buckingham, Dennert, Howie, and Rhoden

       FOR AN ACT ENTITLED, An Act to   exempt certain small sand, gravel, and other extraction operations from license fees and surety requirements.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 107   Introduced by:  Senators Olson (Ed), Dempster, Duniphan, Hansen (Tom), Knudson, and Sutton (Duane) and Representatives Sebert, Buckingham, Cutler, Hennies, Kroger, Michels, Putnam, and Vehle

       FOR AN ACT ENTITLED, An Act to   revise the definition of manufacturer as it relates to the ownership of certain motor vehicle dealerships.

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

     SB 108   Introduced by:  Senators Greenfield, Apa, Gant, Hansen (Tom), and Koskan and Representatives Nelson, Fryslie, Haverly, and Rausch

       FOR AN ACT ENTITLED, An Act to   revise certain provisions defining employer contributions that are not deemed to be wages.

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



     SB 109   Introduced by:  Senators Duniphan, Abdallah, and Bartling and Representatives Rave, Dennert, and Hennies

       FOR AN ACT ENTITLED, An Act to   provide for statewide mutual aid requests among certain public agencies.

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

     SB 110   Introduced by:  Senators Knudson, Koskan, Moore, and Sutton (Dan) and Representatives Cutler, Deadrick, Gillespie, Haley, Hargens, Hennies, McLaughlin, Pederson (Gordon), Rounds, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   require a court to determine whether a child is granted an excuse from school attendance under certain circumstances.

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

     SB 111   Introduced by:  Senators Olson (Ed), Gant, Hansen (Tom), and Koetzle and Representatives Dykstra, Cutler, Frost, Hackl, Koistinen, Olson (Ryan), and Willadsen

       FOR AN ACT ENTITLED, An Act to   repeal the excise tax on the gross receipts of personal communications system, wireless, and cellular telecommunications companies.

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

     SB 112   Introduced by:  Senators Kooistra, Gray, and Olson (Ed) and Representatives Hunt, Gassman, Kroger, Lange, McCoy, and Sebert

       FOR AN ACT ENTITLED, An Act to   provide for an order of joint physical care over certain children whose parents exercise joint legal custody.

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

     SB 113   Introduced by:  Senators Kooistra, Moore, and Two Bulls and Representatives Valandra, Bradford, Gassman, Haley, Kroger, Lange, Sigdestad, and Van Norman

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

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


     SB 114   Introduced by:  Senators Nesselhuf, Duniphan, Hanson (Gary), Olson (Ed), and Sutton (Dan) and Representatives Street, Buckingham, Garnos, Hackl, Hargens, Hennies, Peters, and Rhoden

       FOR AN ACT ENTITLED, An Act to   prohibit certain video screens in motor vehicles.

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

     SB 115   Introduced by:  Senators Gant, Apa, Bogue, Broderick, Duniphan, and Earley and Representatives Van Etten, Nelson, Rausch, and Vehle

       FOR AN ACT ENTITLED, An Act to   prohibit the use of state public funds for health services provided out-of-state to medicaid recipients unless the services are not available in state or are required for an emergency.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 116   Introduced by:  Senators Kloucek, Bartling, and Hanson (Gary) and Representatives Gassman, Lange, and Putnam

       FOR AN ACT ENTITLED, An Act to   restrict certain enforcement actions by humane society personnel.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 117   Introduced by:  Senators Kloucek and Hundstad and Representatives McCoy, Dennert, Fryslie, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   establish the opening day of the school term.

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

     SB 118   Introduced by:  Senators Gant, Broderick, Duniphan, Earley, Gray, McCracken, and McNenny and Representatives Buckingham, Elliott, McCoy, Nelson, O'Brien, Peters, Rausch, Schafer, and Weems

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the type of personal identification required when voting.

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


     SB 119   Introduced by:  Senators Bogue, Greenfield, Hundstad, and Smidt and Representative Deadrick

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the use of the emergency rule adoption procedure.

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

     SB 120   Introduced by:  Senators Nesselhuf, Bartling, Hanson (Gary), Hundstad, Kloucek, Koetzle, Moore, Peterson (Jim), Sutton (Dan), and Two Bulls and Representatives Hargens, Bradford, Dennert, Elliott, Gassman, Gillespie, Glenski, Glover, Haley, Halverson, Kroger, Lange, Miles, Roberts, Sigdestad, Street, Thompson, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   increase general funding for school districts, to impose a temporary limit on the growth of state general fund spending, and to suspend the transfer of moneys from the general fund to the budget reserve fund and to the property tax reduction fund.

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

     SB 121   Introduced by:  Senators Bogue, Koskan, Lintz, and Olson (Ed) and Representatives Dykstra, Deadrick, and Rhoden

       FOR AN ACT ENTITLED, An Act to   provide for the assessment of severed mineral interests and to provide additional funding for the general fund of counties and school districts.

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

     SB 122   Introduced by:  Senators Duenwald, Bartling, Bogue, Hansen (Tom), Moore, and Peterson (Jim) and Representatives Hargens, Deadrick, Dykstra, Halverson, and Rhoden

       FOR AN ACT ENTITLED, An Act to   exempt certain breeding stock animals, products, and facilities from certain corporate farming restrictions.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 123   Introduced by:  Senator Kloucek

       FOR AN ACT ENTITLED, An Act to   place certain requirements on sales of prescription drugs.

     Was read the first time and referred to the Committee on Health and Human Services.



     SB 124   Introduced by:  Senator Kloucek and Representative Dennert

       FOR AN ACT ENTITLED, An Act to   restrict certain penalties for pesticide applicators.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 125   Introduced by:  Senator Kloucek and Representative Elliott

       FOR AN ACT ENTITLED, An Act to   rename Lake Henry Dam.

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

     SB 126   Introduced by:  Senators Gant, Bartling, Broderick, Duniphan, Moore, Olson (Ed), and Schoenbeck and Representatives McCoy, Fryslie, Glover, Koistinen, and Van Etten

       FOR AN ACT ENTITLED, An Act to   prohibit the state health plan from paying for health care services provided out-of-state except in certain cases.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 127   Introduced by:  Senators McCracken, Dempster, Duniphan, Gray, Hansen (Tom), Kelly, Koetzle, Kooistra, Lintz, Moore, Olson (Ed), and Smidt and Representatives Cutler, Hanks, Hennies, Kraus, O'Brien, Rave, and Roberts

       FOR AN ACT ENTITLED, An Act to   revise the notice of sale of real property for taxes.

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

     SB 128   Introduced by:  Senators McCracken, Koskan, Moore, and Sutton (Dan) and Representatives Garnos, Dennert, Haley, and Hennies

       FOR AN ACT ENTITLED, An Act to   authorize the Bureau of Administration to negotiate contracts under certain circumstances.

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

     SB 129   Introduced by:  Senators McCracken, Abdallah, Broderick, Hansen (Tom), Kloucek, Kooistra, Lintz, and Moore and Representatives Krebs, Bradford, Brunner, Cutler, Elliott, Fryslie, Glenski, Hills, Lange, McLaughlin, Novstrup, Rounds, Tidemann, and Willadsen


       FOR AN ACT ENTITLED, An Act to   provide for the licensing of persons in the business of recycling motor vehicles.

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

     SB 130   Introduced by:  Senators Dempster, Abdallah, and Bogue and Representatives Rave, Hennies, and Rhoden

       FOR AN ACT ENTITLED, An Act to   impose the 911 monthly telephone surcharge to prepaid telephone calling services.

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

     SB 131   Introduced by:  Senators Koetzle, Bartling, Hanson (Gary), Hundstad, Kloucek, Moore, Nesselhuf, Peterson (Jim), Sutton (Dan), and Two Bulls and Representatives Kroger, Dennert, Elliott, Gassman, Glenski, Glover, Haley, Halverson, Hargens, Lange, Miles, Roberts, Sigdestad, Street, Thompson, and Van Norman

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the minimum wage for tipped employees.

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

     SB 132   Introduced by:  Senators Moore, Abdallah, Duniphan, Gray, Hanson (Gary), and Schoenbeck and Representatives Hunhoff, Haley, Hennies, Michels, and Rounds

       FOR AN ACT ENTITLED, An Act to   clarify the jurisdiction of conversation officers to enforce certain alcohol-related provisions.

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

     SB 133   Introduced by:  Senators Broderick, McCracken, and Sutton (Dan) and Representatives Rounds, Elliott, and Sebert

       FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to charges associated with installment sales contracts.

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

     SB 134   Introduced by:  Senator Bogue

       FOR AN ACT ENTITLED, An Act to   revise state aid to education to include aid to sparse school districts.



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

     SB 135   Introduced by:  Senators Sutton (Duane) and Napoli and Representatives Tidemann, Frost, and Haverly

       FOR AN ACT ENTITLED, An Act to   abolish the state fair.

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

     SB 136   Introduced by:  Senators Adelstein, Duniphan, Kelly, and Lintz and Representatives McCoy, Cutler, Hanks, Hennies, McLaughlin, Murschel, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   revise the calculation of state aid to general education and to appropriate money therefor.

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

     SB 137   Introduced by:  Senators Adelstein, Duniphan, Kelly, and Lintz and Representatives McCoy, Cutler, Hanks, Hennies, McLaughlin, Murschel, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   increase the distribution from the education enhancement trust fund.

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

     SB 138   Introduced by:  Senators Adelstein, Broderick, and Duniphan and Representatives Hennies, Howie, McLaughlin, and Van Etten

       FOR AN ACT ENTITLED, An Act to   require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

     SB 139   Introduced by:  Senators Adelstein, Abdallah, and Duniphan and Representatives Hennies and McLaughlin

       FOR AN ACT ENTITLED, An Act to   provide for the impoundment and forfeiture of motor vehicles in connection with the arrest of persons who have committed certain offenses.

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


     SB 140   Introduced by:  Senators Adelstein, Abdallah, Broderick, and Hansen (Tom)

       FOR AN ACT ENTITLED, An Act to   establish minimum sentencing and electronic monitoring requirements for certain sex offenders.

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

     SB 141   Introduced by:  Senator Adelstein

       FOR AN ACT ENTITLED, An Act to   revise certain requirements related to the registration and monitoring of sex offenders.

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

     SB 142   Introduced by:  Senators Gant, Broderick, Dempster, Gray, Hanson (Gary), Kloucek, and McNenny and Representatives Rausch, Elliott, Garnos, Klaudt, McCoy, O'Brien, Vehle, and Weems

       FOR AN ACT ENTITLED, An Act to   appropriate money to the Office of the Attorney General to study open government issues in South Dakota.

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

     SB 143   Introduced by:  Senators Sutton (Duane) and Napoli and Representatives Tidemann, Frost, Haverly, and Peters

       FOR AN ACT ENTITLED, An Act to   abolish the state fair, to create South Dakota Achievement Days, and to make an appropriation therefor.

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

     SB 144   Introduced by:  Senators Two Bulls, Adelstein, Bartling, Dempster, Duniphan, Hanson (Gary), Hundstad, Kloucek, Koetzle, Moore, Nesselhuf, Peterson (Jim), and Sutton (Dan) and Representatives Bradford, Elliott, Gassman, Haley, Halverson, Kroger, Lange, McCoy, Miles, Roberts, Sigdestad, Thompson, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for the erection of certain highway supplemental guide signs for higher education institutions.

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

     SB 145   Introduced by:  Senators Two Bulls, Adelstein, Bartling, Dempster, Hanson (Gary), Hundstad, Kloucek, Koetzle, Moore, Nesselhuf, Peterson (Jim), and Sutton (Dan) and Representatives Bradford, Elliott, Gassman, Haley, Halverson, Kroger, Lange, McCoy, Miles, Roberts, Sigdestad, Thompson, Valandra, and Van Norman

       FOR AN ACT ENTITLED, An Act to   authorize funding for certain tribal colleges to defray certain costs associated with educating nonbeneficiary students at tribal colleges and to make an appropriation therefor.

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

     SB 146   Introduced by:  Senators Duniphan, Abdallah, Adelstein, Apa, Bartling, Bogue, Broderick, Dempster, Duenwald, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kelly, Kloucek, Koetzle, Kooistra, Koskan, Lintz, McCracken, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), Sutton (Duane), and Two Bulls and Representatives Rave, Dykstra, Elliott, Faehn, Hanks, Hennies, Jensen, Jerke, Krebs, McLaughlin, Olson (Ryan), Rounds, Sebert, Street, Thompson, and Willadsen

       FOR AN ACT ENTITLED, An Act to   update certain statutory references to the South Dakota Firefighters Association, Incorporated.

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

     SB 147   Introduced by:  Senators Nesselhuf, Dempster, and Schoenbeck and Representatives Pederson (Gordon), Hackl, Halverson, Haverly, Krebs, and Rave

       FOR AN ACT ENTITLED, An Act to   prohibit the use of certain vehicles with tail lamps and stop lamps upon which certain decorative coverings have been placed.

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

     SB 148   Introduced by:  Senators Abdallah, Dempster, Duniphan, Earley, Gant, Gray, Hansen (Tom), Kelly, Koskan, McCracken, Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane) and Representatives Cutler, Bradford, Brunner, Davis, Deadrick, Dennert, Dykstra, Faehn, Frost, Garnos, Gassman, Glenski, Hackl, Halverson, Hanks, Hargens, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jerke, Klaudt, Kraus, Krebs, Kroger, McCoy, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Pederson (Gordon), Rave, Rhoden, Rounds, Schafer, Street, Tornow, Turbiville, Valandra, Van Etten, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the sex offender registry and the supervision of sex offenders.

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


     SB 149   Introduced by:  Senators Abdallah, Dempster, Duniphan, Earley, Gant, Gray, Hansen (Tom), Kelly, Knudson, Koskan, Lintz, McCracken, Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane) and Representatives Cutler, Bradford, Brunner, Davis, Deadrick, Dennert, Dykstra, Faehn, Frost, Garnos, Glenski, Hackl, Hanks, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jerke, Klaudt, Kraus, Krebs, Kroger, McCoy, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Pederson (Gordon), Rhoden, Rounds, Schafer, Turbiville, Valandra, Van Etten, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   create community safety zones, to prohibit certain persons from residing or loitering in community safety zones, to provide penalties for violations thereof, and to declare an emergency.

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

     SB 150   Introduced by:  Senators Abdallah, Broderick, Dempster, Earley, Gant, Gray, Greenfield, Hansen (Tom), Kelly, Knudson, Koskan, Lintz, McCracken, McNenny, Napoli, Schoenbeck, Smidt, Sutton (Dan), and Sutton (Duane) and Representatives Cutler, Boomgarden, Bradford, Brunner, Davis, Deadrick, Dennert, Dykstra, Faehn, Frost, Garnos, Gassman, Gillespie, Glenski, Hackl, Halverson, Hanks, Haverly, Heineman, Hennies, Hills, Howie, Hunhoff, Hunt, Jensen, Jerke, Klaudt, Koistinen, Kraus, Krebs, Kroger, McCoy, Michels, Miles, Murschel, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Street, Tidemann, Tornow, Turbiville, Valandra, Van Etten, Van Norman, Vehle, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   require the state's participation in the National Sex Offender Public Registry and to provide for the posting of a state internet sex registry site.

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

     SB 151   Introduced by:  Senators Schoenbeck, Abdallah, Apa, Bogue, Duenwald, Duniphan, Greenfield, Hansen (Tom), Hanson (Gary), Koskan, McCracken, and Moore and Representatives Michels, Cutler, Davis, Dennert, Faehn, Fryslie, Garnos, Hackl, Halverson, Hanks, Haverly, Hennies, Jerke, Koistinen, Nelson, Pederson (Gordon), Peters, Putnam, Rausch, Rave, and Tidemann

       FOR AN ACT ENTITLED, An Act to   define the local government contribution for the construction of an armory.

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

     SB 152   Introduced by:  Senators Schoenbeck, Abdallah, Apa, Bogue, Duenwald, Duniphan, Greenfield, Hansen (Tom), Hanson (Gary), Koskan, McCracken, and Moore and Representatives Hackl, Cutler, Davis, Dennert, Faehn, Fryslie, Garnos, Halverson, Hennies, Jerke, Klaudt, Koistinen, Michels, Nelson, Pederson (Gordon), Putnam, Rausch, Rave, and Tidemann



       FOR AN ACT ENTITLED, An Act to   appropriate money for the design and construction of National Guard armories and to declare an emergency.

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

     SB 153   Introduced by:  Senators Earley, Apa, Gant, Greenfield, and Napoli and Representatives Klaudt, Haverly, Hunhoff, Peters, Putnam, and Rausch

       FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the South Dakota Railroad Authority and the railroad trust fund and declare an emergency.

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

     SB 154   Introduced by:  Senators Earley, Apa, Bartling, Gant, Greenfield, Napoli, Smidt, and Sutton (Duane) and Representatives Klaudt, Dennert, Haverly, Hunhoff, Peters, and Rausch

       FOR AN ACT ENTITLED, An Act to   revise the distribution from certain constitutionally created trust funds and to declare an emergency.

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

     SJR 1   Introduced by:  Senators Schoenbeck, Abdallah, Apa, Bartling, Bogue, Duenwald, Gray, Greenfield, Kelly, Koetzle, Koskan, McCracken, Moore, Napoli, Olson (Ed), Peterson (Jim), Sutton (Dan), and Sutton (Duane) and Representatives Dykstra, Boomgarden, Dennert, Faehn, Frost, Halverson, Heineman, Klaudt, Koistinen, Kraus, Krebs, Miles, Novstrup, Pederson (Gordon), Rhoden, Vehle, Weems, Wick, and Willadsen

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to the prohibition of governmental entities from selling certain goods, commodities, and services to the general public.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning election procedures.

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


     HB 1002:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the type of documentation required for the registration of voters.

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

     HB 1003:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning absentee voting.

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

     HB 1007:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the composition of livestock brands.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     HB 1023:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding standards for school district radio equipment.

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

     HB 1024:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions providing for the appointment of the director of vocational education.

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

     HB 1025:   FOR AN ACT ENTITLED, An Act to   revise state aid to special education.

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

     HB 1042:   FOR AN ACT ENTITLED, An Act to   revise certain requirements regarding the license renewal of insurance producers.

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

     HB 1051:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding notice to a tribe of a child custody proceeding subject to the Indian Child Welfare Act.

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



SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Kloucek requested that SB 71 be removed from the Consent Calendar.

     SB 3:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the establishment of representation areas for school board members and determination of vacancies on school boards.

     Was read the second time.

     The question being "Shall SB 3 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Abdallah; Peterson (Jim)

     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 12:   FOR AN ACT ENTITLED, An Act to   prescribe the form of certain ballots used in local elections.

     Was read the second time.

     The question being "Shall SB 12 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls


     Excused:
Abdallah; Peterson (Jim)

     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 13:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the publication of facsimile ballots.

     Was read the second time.

     The question being "Shall SB 13 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Abdallah; Peterson (Jim)

     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 73:   FOR AN ACT ENTITLED, An Act to   allow certain federally activated military personnel to be issued replacement elk hunting licenses.

     Was read the second time.

     The question being "Shall SB 73 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls


     Excused:
Abdallah; Peterson (Jim)

     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 11:   FOR AN ACT ENTITLED, An Act to   provide for the use of electronic ballot marking systems and for the appointment of precinct assistants and to declare an emergency.

     Was read the second time.

11fa
     Sen. Two Bulls moved that SB 11 be amended as follows:

     On page 3 , between lines 12 and 13 of the printed bill, insert:

     "Section 7. Sections 1 to 6, inclusive, of this Act do not take effect until the provisions of this Act have received preclearance pursuant to 42 USC §  1973c as of January 1, 2006."

    Sen. Kloucek requested a roll call vote.

    Which request was supported.

    The question being on Sen. Two Bulls' motion that SB 11 be amended.

     And the roll being called:

     Yeas 9, Nays 25, Excused 1, Absent 0

     Yeas:
Bartling; Hansen (Tom); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Sutton (Dan); Two Bulls

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

     Excused:
Peterson (Jim)

     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 SB 11 pass?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

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

     Nays:
Bartling; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Napoli; Nesselhuf; Two Bulls

     Excused:
Peterson (Jim)

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

     SB 25:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning motor carrier regulation and to transfer the authority to regulate motor carriers from the Public Utilities Commission to the Department of Revenue and Regulation.

     Was read the second time.

     The question being "Shall SB 25 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Peterson (Jim)

     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 SB 39, 46, and 55 be deferred to Friday, January 20, the 8th legislative day.

     Which motion prevailed.

     Sen. Bogue moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 20, the 8th legislative day.

     Which motion prevailed.

     Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Patricia Adam, Secretary

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on page 56 of the Senate Journal, the House of Representatives and the Senate met in informal Joint Session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of ten former members of the South Dakota Legislature, namely: the Honorable Barney A. Boos, the Honorable Donald C. Carlson, the Honorable Doris J. Kumm, the Honorable Donald C. Peterson, the Honorable Henry A. Poppen, the Honorable Eleanor G. Saukerson, the Honorable William "Bill" Schroeder, the Honorable Floyd F. "Bill" Snyder, Jr., the Honorable Mary P. Vanderlinde; and the Honorable John T. Vucurevich; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and                    

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-first Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eighty-first Session of the Legislature of the State of South Dakota, now assembled this 19th day of January, 2006, at Pierre, South Dakota.