JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION  



TWELFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 26, 2006

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Amanda Schulz.

     Roll Call: All members present except Sen. Gray 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 eleventh 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.
COMMUNICATIONS AND PETITIONS


January 25, 2006

Mr. President and Members of the Senate:

     I have the honor to inform you that on January 25, 2006, I approved Senate Bill 27, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  103, 110, and 178 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1050 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 182 and HB 1052 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 the nomination of Warren Lotsberg of Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Dick Kelly, Chair
Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration SB 10 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration SB 5, 6, 7, 8, and 9 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 Retirement Laws respectfully reports that it has had under consideration SB 16 and tabled the same.

Respectfully submitted,
Brock L. Greenfield, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  108 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  155 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 89 and returns the same with the recommendation that said bill be amended as follows:

89ja
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 58-17B be amended by adding thereto a NEW SECTION to read as follows:

     The Division of Insurance shall conduct a study of long-term care insurance in this state to determine the extent to which long-term care policies have been issued which do not contain assisted living facility benefits. The study shall include information as to the cost of adding assisted living facility benefits to long-term care policies and the potential premium impact it may have on other insureds. A report shall be made to the Legislature no later than December 1, 2006."

89jta
     On page 1, line 1 of the printed bill, after " require " insert "the Division of Insurance to study".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 133 and returns the same with the recommendation that said bill be amended as follows:

133ja
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 54-3A-5 be amended to read as follows:

     54-3A-5.   In addition to the finance charge, a creditor may contract for, and receive the following additional charges in connection with an installment sales contract if such charges are itemized and disclosed to the buyer:

             (1)      Official fees and taxes;

             (2)      Charges for guaranteed asset protection waivers, or credit life, accident, health, loss of income, property, or liability insurance. However any insurance is optional, and the consumer shall be informed, in writing, that any insurance is optional; and

             (3)      Charges for debt cancellation contracts and debt suspension contracts, as defined in § 51A-1-2, if the debt cancellation contract or debt suspension contract is a contract of a depository institution authorized to provide such coverage, and the contract is sold directly by the authorized depository institution or by a retailer acting as an agent for the authorized depository institution. However, any debt cancellation contract or debt suspension contract is optional, and the consumer shall be informed, in writing, that any such contract is optional.

     Any such charges must be disclosed and explained to the consumer prior to signing any agreement to repay a consumer credit obligation. Any such charges must be separately agreed to in writing and separately signed by the consumer. "

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

Respectfully submitted,
Royal "Mac" McCracken, Chair
MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1006, 1009, 1036, 1054, 1056, 1059, 1080, 1084, 1123, and 1139 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     SCR 2   Introduced by:  Senators Schoenbeck, Abdallah, Apa, Bogue, Dempster, Greenfield, and Hanson (Gary) and Representatives Halverson, Bradford, Deadrick, Faehn, Jensen, Klaudt, and Valandra

         A CONCURRENT RESOLUTION,  Recommending Master Sergeant Woodrow Wilson Keeble for the Medal of Honor.

     WHEREAS,  Woodrow Wilson Keeble (1917-1982), an enrolled member of the Sisseton- Wahpeton Oyate served our nation far beyond the call of duty during World War II and the Korean War; and

     WHEREAS,  Master Sergeant Keeble was a member of Company G of the 19th Infantry, 24th Division of the United States Army from February of 1951 to April of 1952; and

     WHEREAS,  Master Sergeant Keeble exhibited extraordinary bravery and heroism on October 20, 1951, near Kumsong, Korea, when in Operation Nomad his platoon found another platoon pinned down by enemy fire. Master Sergeant Keeble left the safety of his own platoon and single-handedly knocked out three four-man enemy bunkers, each bunker was armed with a machine gun, and seven additional riflemen, thus allowing his own company and others to achieve their crucial and strategic objective; and

     WHEREAS,  Master Sergeant Keeble received the Distinguished Service Cross for his bravery sustained in the October 20th battle during Operation Nomad; and

     WHEREAS,  Master Sergeant Keeble was recommended for the Medal of Honor in November, 1951, for action in Operation Nomad and the recommendation was lost; and

     WHEREAS,  Master Sergeant Keeble's recommendation for the Medal of Honor was resubmitted in December, 1951, and was again misplaced; and

     WHEREAS,  Master Sergeant Keeble never received consideration for the Medal of Honor; and

     WHEREAS,  the Secretary of the Army is authorized by 10 C.F.R. § §  1130 and 1552 to correct or upgrade any military record when necessary to correct an error or remove an injustice; and

     WHEREAS,  Born in Waubay, South Dakota, and buried in Sisseton, South Dakota, Master Sergeant Keeble, a full-blood Sioux Indian, is described by his friends and family as "a native South Dakotan in every sense of the word":

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-first Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature strongly urges the President of the United States or the Secretary of the Army to posthumously award the Medal of Honor to Master Sergeant Woodrow Wilson Keeble; and

     BE IT FURTHER RESOLVED,  that the South Dakota Congressional delegation request the Secretary of the Army to posthumously award the Medal of Honor to Master Sergeant Woodrow Wilson Keeble.

     Was read the first time.

    The committee referral was waived and SCR 2 was placed on the calendar of Friday, January 27, the 13th legislative day.

     HCR 1002:   A CONCURRENT RESOLUTION,   Endorsing the American Kennel Club's Canine Good Citizen Program and supporting its efforts to promote responsible dog ownership in the state of South Dakota.

     Was read the first time.

    The committee referral was waived and HCR 1002 was placed on the calendar of Friday, January 27, the 13th legislative day.

     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 second time.

     Sen. Schoenbeck moved that the Senate do concur in HCR 1001 as found on page 176 of the House Journal.

     The question being on Sen. Schoenbeck's motion that the Senate do concur in HCR 1001.

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; 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

     Excused:
Apa; Gray

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1001 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Taxation on SB 92 as found on page 195 of the Senate Journal ; also

     Taxation on SB 127 as found on page 195 of the Senate Journal ; also

     Judiciary on SB 148 as found on page 197 of the Senate Journal ; also

     Judiciary on SB 149 as found on page 198 of the Senate Journal ; also

     State Affairs on SB 152 as found on page 196 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1006:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to out-of- state cattle brands and to establish a penalty.

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


     HB 1009:   FOR AN ACT ENTITLED, An Act to   create additional classifications of agricultural property and to revise certain provisions concerning the taxation of certain agricultural property.

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

     HB 1036:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the certification of an optometrist from another state and to increase the fee for a certificate of registration.

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

     HB 1054:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding an increase of the prizes that certain lotteries may award.

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

     HB 1056:   FOR AN ACT ENTITLED, An Act to   permit municipalities to delegate to employees the authority to enter into certain contracts on behalf of the municipality.

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

     HB 1059:   FOR AN ACT ENTITLED, An Act to   provide for notification by the Department of Social Services to the parents of certain determinations of child abuse or neglect.

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

     HB 1080:   FOR AN ACT ENTITLED, An Act to   restrict the use of eminent domain under certain circumstances and to protect certain private property rights from acquisition by the use or threat of eminent domain.

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

     HB 1084:   FOR AN ACT ENTITLED, An Act to   authorize counties to regulate the operation of certain off-road vehicles in highway ditches.

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

     HB 1123:   FOR AN ACT ENTITLED, An Act to   exempt feed for certain game birds from the sales and use tax.

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

     HB 1139:   FOR AN ACT ENTITLED, An Act to   define the use of vehicles bearing dealer's demonstration or in-transit permits and to revise the penalty for the misuse of such permits.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Kelly requested that SB 42 be removed from the Consent Calendar.

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

     Was read the second time.

     The question being "Shall HB 1001 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; 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:
Greenfield

     Excused:
Gray

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

     Having had its second reading was up for consideration and final passage.

     The question being "Shall SB 132 pass as amended?"

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Broderick; Duniphan; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

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

     Excused:
Gray

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

     Sen. Moore announced his intention to reconsider the vote by which SB 132 lost.

HONORED GUESTS


     The President introduced Tom Craig, Vermillion, 2005-2006 Outstanding School Board member, to the body.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

(continued)

     SB 83:   FOR AN ACT ENTITLED, An Act to   increase the length of time for which nationally certified teachers may receive stipends.

     Was read the second time.

     The question being "Shall SB 83 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Gray

     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 99:   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 second time.

99ja

     Sen. Schoenbeck moved that SB 99 be amended as follows:

     On page 1, line 5 of the printed bill, delete " Five " and insert "Six".

     On page 1 , line 6, after " Representatives, " insert "four of whom shall be legislators,".

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

     On page 1 , line 7, after " Senate, " insert "four of whom shall be legislators,".

     On page 1 , line 7, delete " five " and insert "three".

     On page 1 , line 11, after " include " insert "a".

     On page 1 , line 11, delete " officials, prosecutors " and insert "official".

     On page 1 , line 11, delete " advocates " and insert "advocate".

     On page 1 , line 12, delete " survivors " and insert "survivor".

     On page 1 , line 12, delete " representatives " and insert "representative".

     On page 2 , line 1, after " committee. " insert "The Executive Board shall appoint the chair and the vice chair from among the legislators appointed to the task force."

     Which motion prevailed.

     The question being "Shall SB 99 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Kooistra

     Excused:
Gray

     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 106:   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 second time.

106tc

     Sen. McNenny moved that SB 106 be further amended as follows:

     On page 1 of the printed bill, delete lines 13 and 14 , and insert:

    "(3)    The affected land lies within a parcel or contiguous parcels of agricultural land of at least forty acres in size;".


     Which motion prevailed.

     The question being "Shall SB 106 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

     Yeas:
Adelstein; Apa; Bogue; Duenwald; Duniphan; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Sutton (Duane); Two Bulls

     Nays:
Abdallah; Bartling; Broderick; Dempster; Earley; Kelly; Koetzle; Kooistra; Moore; Nesselhuf; Schoenbeck; Smidt; Sutton (Dan)

     Excused:
Gray

     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. Dempster announced his intention to reconsider the vote by which SB 106 passed.

     SB 107:   FOR AN ACT ENTITLED, An Act to   revise the definition of manufacturer as it relates to the ownership of certain motor vehicle dealerships and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 107 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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Gray

     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 150:   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 second time.


     The question being "Shall SB 150 pass?"

     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; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Gray

     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.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE


MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 122 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 72 and returns the same with the recommendation that said bill be amended as follows:

72ta
     On page 2, line 18 of the printed bill, delete " works " and insert " , ".

     On page 2 , line 19, overstrike " to perform " and insert " , performs ".

     On page 2 , line 20, delete " to perform " and insert " performs ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 161 and 162 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     Sen. Bogue moved that HB 1002, 1003, 1033, 1051, and 1053 be deferred to Friday, January 27, the 13th legislative day.

     Which motion prevailed.

     Sen. Moore moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 27, the 13th legislative day.

     Which motion prevailed.

     Sen. Duane Sutton moved that the Senate do now adjourn, which motion prevailed and at 3:26 p.m. the Senate adjourned.

Patricia Adam, Secretary