JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  



ELEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 25, 2006

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

     The prayer was offered by the Chaplain, Vicar Peter Hofacker, followed by the Pledge of Allegiance led by Senate page Stephanie Olson.

     Roll Call: All members present except Sens. Koskan, Smidt, and Two Bulls who were 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 tenth 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Judith Payne of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Transportation.

     The question being "Does the Senate advise and consent to the executive appointment of Judith Payne pursuant to the executive message as found on page 78 of the Senate Journal?"

     And the roll being called:

     Yeas 30, Nays 2, Excused 3, Absent 0

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

     Nays:
Apa; Greenfield

     Excused:
Koskan; Smidt; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1002 and 1003 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

92fa
     On page 1 of the printed bill, delete lines 7 to 15 , inclusive, and insert:

             "(1)      For project costs of less than ten million dollars, there shall be no refund;
             (2)      For project costs of ten or more million dollars but less than twenty fifteen million dollars there shall be a refund of twenty-five percent of the taxes paid;
             (3)      For project costs of twenty fifteen or more million dollars but less than sixty twenty million dollars there shall be a refund of fifty thirty-three percent of the taxes paid;
             (4)      For project costs of sixty twenty or more million dollars but less than six hundred forty million dollars there shall be a refund of fifty percent of the taxes paid;
             (5)    For project costs of forty or more million dollars but less than sixty million dollars there shall be a refund of sixty-seven percent of the taxes paid;
             (6)    For project costs of sixty million dollars or more but less than six hundred million dollars there shall be a refund of seventy-five percent of the taxes paid; and
             (5) (7)      For project costs of six hundred million dollars and greater there shall be a refund of ninety percent of the taxes paid. "

     On page 2 , delete lines 1 to 3 , inclusive.

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill be amended as follows:

127fa
     On page 1, line 10 of the printed bill, after " deeds " insert " on the first Monday of November ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 79 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1053 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  151 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a do pass recommendation.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:

152ja
     On page 1, line 4 of the printed bill, delete " railroad trust " and insert "general".

     On page 1 , line 11, delete " railroad trust " and insert "general".

     On page 2 , line 1, delete " railroad trust " and insert "general".

     On page 2 , line 4, delete " railroad trust " and insert "general".

     On page 2 , line 10, delete " railroad trust " and insert "general".

     On page 2 , line 14, delete " railroad trust " and insert "general".

     And that as so amended said bill be referred to the Committee on Appropriations with a do pass recommendation.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  82 and 113 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 115, 123, and 126 and tabled the same.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 99 and 150 and HB 1033 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 148 and returns the same with the recommendation that said bill be amended as follows:

148ra
     On page 3, line 7 of the printed bill, after " of " insert " , or has received a suspended adjudication pursuant to §  26-8C-4 for, ".

     On page 3 , delete lines 22 to 24 , inclusive, and insert:

    "Section 3. That § 22-24B-5 be amended to read as follows:

     22-24B-5.   The Division of Criminal Investigation shall mail a nonforwardable verification form at least once annually to the last reported address of each person registered under § 22- 24B-2. The person shall return the verification form to the Division of Criminal Investigation within ten days after receipt of any such form. The verification form shall be signed by the person required to register and shall state that the person still resides at the address last reported to the Division of Criminal Investigation. If the person fails to return the verification form to the Division of Criminal Investigation within ten days after receipt of the form, the person is in violation of this section. Nonreceipt of a registration verification does not constitute a defense to failure to comply with this section. A violation of this section is a Class 1 misdemeanor. Any subsequent violation is a Class 6 felony. "


     On page 4 , delete lines 1 to 8 , inclusive.

     On page 8 , line 1, after " § §  22-24B-2, " insert "22-24B-5,".

     On page 8 , line 2, after " § §  22-24B-2, " insert "22-24B-5,".

     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 149 and returns the same with the recommendation that said bill be amended as follows:

149ra
     On page 2 of the printed bill, delete lines 8 and 9 , and insert:

    "(2)    The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services, which is located within a community safety zone; ".


     And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1011,1012, 1014, 1022, 1039, 1072, 1074, 1075, 1094, 1095, 1127 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Supporting and commending the Conservation Reserve Program for its impact on land, water, and wildlife conservation, for increasing business and economic development and restoration, and for providing alternative economic opportunities for South Dakota.

     Was read the first time.


    The committee referral was waived and HCR1001 was placed on the calendar of Thursday, January 26, the 12th legislative day.

     Sen. McCracken moved that SB 49 be referred to the Committee on Commerce.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Transportation on SB 42 as found on page 173 of the Senate Journal ; also

     Education on SB 83 as found on page 172 of the Senate Journal ; also

     Education on SB 88 as found on page 172 of the Senate Journal ; also

     Agriculture and Natural Resources on SB 106 as found on page 174 of the Senate Journal ; also

     Transportation on SB 107 as found on page 173 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 202   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to increased energy costs in K-12 school districts and postsecondary vocational education institutions and to declare an emergency.

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

     SB 203   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to the statewide sex offender registry and to declare an emergency.

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

     SB 204   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   make an appropriation from the coordinated soil and water conservation fund to the State Conservation Commission.

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

     SB 205   Introduced by:  The Committee on Appropriations at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2006 regarding the South Dakota opportunity scholarships.

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

     SB 206   Introduced by:  The Committee on Taxation at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions of the owner-occupied classification for property tax relief purposes.

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

     SB 207   Introduced by:  The Committee on Health and Human Services at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to the sale, purchasing, and possession of products containing pseudoephedrine or ephedrine.

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

     SB 208   Introduced by:  The Committee on Judiciary at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   establish and enhance criminal penalties regarding certain sex offenders.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1011:   FOR AN ACT ENTITLED, An Act to   increase the funds that may be expended to construct a student wellness center at South Dakota State University.

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


     HB 1012:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct an advanced materials processing and joining laboratory foundry addition to the Metallurgy Foundry Building at the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

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

     HB 1014:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to remodel certain locker room facilities and to renovate spectator, concession, press, and coaching facilities at the O'Harra Stadium at the South Dakota School of Mines and Technology and to make an appropriation therefor.

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

     HB 1022:   FOR AN ACT ENTITLED, An Act to   revise the disposition of funds received for charges for board and room for work release inmates.

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

     HB 1039:   FOR AN ACT ENTITLED, An Act to   revise certain provisions pertaining to the disposition of funds collected on local exchange service lines, cellular telephones, and radio pager devices.

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

     HB 1072:   FOR AN ACT ENTITLED, An Act to   direct the Department of Social Services to establish the South Dakota long-term care partnership program.

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

     HB 1074:   FOR AN ACT ENTITLED, An Act to   provide for recognition of certain stalking or physical violence protection orders as foreign domestic violence orders.

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

     HB 1075:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the disposition of confiscated weapons and firearms.

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

     HB 1094:   FOR AN ACT ENTITLED, An Act to   clarify a custodian's access to certain sealed records.

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

     HB 1095:   FOR AN ACT ENTITLED, An Act to   clarify the elements of the crime of impersonating another.

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

     HB 1127:   FOR AN ACT ENTITLED, An Act to   authorize the Gaming Commission to fund gambling addiction treatment programs.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 74:   FOR AN ACT ENTITLED, An Act to   repeal the Game, Fish and Parks Commission exemption relating to small business impact statements.

     Was read the second time.

     The question being "Shall SB 74 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

     Excused:
Koskan; Smidt; Two Bulls

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

     SB 75:   FOR AN ACT ENTITLED, An Act to   rescind the repeal of certain provisions relating to small business impact statements.

     Was read the second time.

     The question being "Shall SB 75 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

     Excused:
Koskan; Smidt; Two Bulls

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

     SB 87:   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 second time.

     The question being "Shall SB 87 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, 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; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane)

     Excused:
Koskan; Smidt; Two Bulls

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 53:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the consideration of assets for the purpose of long-term care eligibility.

     Was read the second time.

     Sen. Bogue moved that SB 53 be deferred to Thursday, February 9, the 22nd legislative day.

     Which motion prevailed.

     SB 132:   FOR AN ACT ENTITLED, An Act to   clarify the jurisdiction of conservation officers to enforce certain alcohol-related provisions.

     Was read the second time.

     Sen. Bogue moved that SB 132 and HB 1051 be deferred to Thursday, January 26, the 12th legislative day.

     Which motion prevailed.

SIGNING OF BILLS


     The President publicly read the title to

     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.

     And signed the same in the presence of the Senate.

     Sen. Tom Hansen moved that the Senate do now adjourn, which motion prevailed and at 2:37 p.m. the Senate adjourned.

Patricia Adam, Secretary