Senate Journal 01/31/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 31, 2006

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

The prayer was offered by the Chaplain, Pastor Genie Butler, followed by the Pledge of Allegiance led by Senate page Tyler Luckhurst.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourteenth 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 reappointment of Jerome K. Howe of Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Jerome K. Howe pursuant to the executive message as found on page 153 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

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

The Senate proceeded to the consideration of the executive reappointment of Judith E. Hines of Minnehaha County, Brandon, South Dakota, to the South Dakota Crime Victims' Compensation Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Judith E. Hines pursuant to the executive message as found on page 152 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

The Senate proceeded to the consideration of the executive reappointment of Thomas Cihak of Yankton County, Yankton, South Dakota, to the South Dakota Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the executive reappointment of Thomas Cihak pursuant to the executive message as found on page 150 of the Senate Journal?"

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; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Kloucek

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

The Senate proceeded to the consideration of the executive appointment of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the South Dakota Career Service Commission.

The question being "Does the Senate advise and consent to the executive appointment of Jean (Dawn) Morris pursuant to the executive message as found on page 143 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Bogue moved that the consideration of the executive reappointment of Gordon Garnos be deferred to Wednesday, February 1, the 16^th legislative day.

Which motion prevailed.

The Senate proceeded to the consideration of the executive appointment of Barbara Christianson of Pennington County, Rapid City, South Dakota, to the South Dakota Career Service Commission.

The question being "Does the Senate advise and consent to the executive appointment of Barbara Christianson pursuant to the executive message as found on page 142 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Abdallah

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

The Senate proceeded to the consideration of the executive appointment of Judy Greff of Beadle County, Huron, South Dakota, to the South Dakota Career Service Commission.

The question being "Does the Senate advise and consent to the executive appointment of Judy Greff pursuant to the executive message as found on page 146 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Abdallah

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

The Senate proceeded to the consideration of the executive appointment of David Volk of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Commission on Human Rights.

The question being "Does the Senate advise and consent to the executive appointment of David Volk pursuant to the executive message as found on page 145 of the Senate Journal?"

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Apa; Greenfield; Napoli

Excused:
Hansen (Tom); Kloucek; Nesselhuf

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

The Senate proceeded to the consideration of the executive appointment of Arlene Ham- Burr of Pennington County, Rapid City, South Dakota, to the South Dakota Commission on Human Rights.

The question being "Does the Senate advise and consent to the executive appointment of Arlene Ham-Burr pursuant to the executive message as found on page 145 of the Senate Journal?"

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; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Kelly

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

The Senate proceeded to the consideration of the executive reappointment of Vivian Asmussen of Hughes County, Pierre, South Dakota, to the South Dakota Commission on Human Rights.

The question being "Does the Senate advise and consent to the executive reappointment of Vivian Asmussen pursuant to the executive message as found on page 148 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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 Education respectfully reports that it has had under consideration HB 1025 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 Education respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 136 and 181 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1049 and 1139 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 183 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, after " veteran. " insert "If an owner of a motor vehicle falsely attests that he or she is an honorably discharged veteran having served on active duty in the armed forces of the United States, the owner is guilty of a Class 2 misdemeanor."

On page 2 , line 2, after " residence. " insert "However, if the veteran owner dies, the distinctive plates may be retained by the veteran owner's family, but may not be displayed on the vehicle beyond the expiration of the plates or renewal stickers."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1084 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dick Kelly, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1005 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1007 and returns the same with the recommendation that said bill be amended as follows:

On page 2, after line 6 of the printed bill, insert:

"Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

On page 1, line 2 of the printed bill, after " brands " insert "and to declare an emergency".

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 HB 1006 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8 of the House engrossed bill, delete " No permit may be issued if " and insert "If".

On page 1 , line 9, after " chapter " insert ", a permit may only be issued at the discretion of the board".

On page 2 of the House engrossed bill, delete lines 6 to 9 , inclusive.

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

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1042 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 49 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 5 of the printed bill, delete " specialty " and insert "ancillary".

On page 2 , line 6, delete " specialty " and insert "ancillary".

On page 2 , line 9, delete " plan's " .

On page 2 , line 10, delete " card " and insert "plan".

On page 2 , line 12, delete everything after " program " .

On page 2 , delete lines 13 and 14 .

On page 2 , line 15, delete everything before " ; " .

On page 3 , line 4, delete " specialty " and insert "ancillary".

On page 3 , between lines 11 and 12, insert:

"(1) "Ancillary services," includes audiology, dental, vision, mental health, substance abuse, chiropractic, and podiatry services;".

On page 3 , line 12, delete " (1) " and insert "(2)".

On page 3 , line 12, delete " specialty " and insert "ancillary".

On page 3 , line 20, delete " (2) " and insert "(3)".

On page 3 , line 21, delete " specialty " and insert "ancillary".

On page 3 , line 23, delete " and is " .

On page 3 , line 24, delete " (3) " and insert "(4)".

On page 4 , line 4, delete " (4) " and insert "(5)".

On page 4 , line 10, delete " specialty " and insert "ancillary".

On page 4 , line 11, delete " (5) " and insert "(6)".

On page 4 , line 14, delete " (6) " and insert "(7)".

On page 4 , line 16, delete everything after " program " .

On page 4 , delete lines 17 and 18 .

On page 4 , line 19, delete everything before " ; " .

On page 4 , line 20, delete " (7) " and insert "(8)".

On page 4 , line 24, delete " (8) " and insert "(9)".

On page 5 , line 1, after " provide medical " insert "or ancillary".

On page 5 , line 3, delete " (9) " and insert "(10)".

On page 5 , line 5, delete " specialty " and insert "ancillary".

On page 5 , line 5, delete " ; " and insert ".".

On page 5 , delete lines 6 and 7 .

On page 5 , line 16, delete " other " .

On page 5 , line 21, delete " in another state " .

On page 5 , line 22, after " organization " insert "in another state".

On page 10 , line 12, delete " to be used in the discretion of " and insert "and shall be in favor of any person and the director of the Division of Insurance for the benefit of any person who is damaged by any violation of § § 58-17C-104 to 58-17C-108, inclusive, including any violation by the supplier or by any other person that markets, promotes, advertises, or otherwise distributes a discount card on behalf of the supplier. The bond shall cover any violation occurring during the time period during which the bond is in effect."

On page 10 , line 13, delete " the director to protect the financial interest of members. "

On page 12 , line 3, delete " have a written agreement between the " and insert "prepare written materials for".

On page 12 , line 4, delete " organization and " .

On page 12 , line 8, delete " specialty " and insert "ancillary".

On page 12 , line 15, delete " specialty " and insert "ancillary".

On page 13 , line 8, after " require " insert "the provider".

On page 13 , line 23, after " directly " insert "or indirectly".

On page 14 , line 1, after " contracted " insert "directly or indirectly".

On page 14 , line 16, delete " agency relationship " and insert "contract".

On page 14 , line 17, after " organization " insert ", or are otherwise approved by or under the direction and control of the organization".

On page 16 , line 6, delete " specialty " and insert "ancillary".

On page 16 , line 7, delete " specialty " and insert "ancillary".

On page 16 , line 19, delete " prospective or " .

On page 16 , line 20, delete " a written agreement at the time of purchase " and insert "written materials".

On page 16 , line 23, delete " agreement " and insert "materials".

On page 17 , line 7, delete " specialty " and insert "ancillary".

On page 17 , line 19, delete " Division of Insurance or the " and insert "local".

On page 20 , line 3, delete " specialty " and insert " ancillary ".

On page 20 , line 4, delete " specialty " and insert " ancillary ".

On page 20 , line 5, delete " specialty " and insert " ancillary ".

On page 20 , line 7, delete " specialty " and insert " ancillary ".

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

On page 2, line 21 of the printed bill, before " telephone " insert " wireless ".

On page 3 , delete lines 3 to 7 , inclusive, and insert:

"(8A) "Prepaid wireless telephone service," any wireless telephone service that is activated in advance by payment for a finite dollar amount of service or for a finite number of minutes that terminate either upon use by any person and delivery by the wireless provider of an agreed amount of service corresponding to the total dollar amount paid in advance or within a certain period of time following the initial purchase or activation, unless an additional payment is made;".

On page 4 , line 4, after " prepaid " insert "wireless".

On page 4 , delete line 7 , and insert "customer paid for the wireless telephone that is being used in connection with the prepaid minutes or other units of usage. However, if that place is unknown to the provider, the surcharge amount shall be based on the location associated with the wireless telephone number. The prepaid wireless telephone calling service".

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

On page 3, line 8 of the printed bill, delete "state" and insert "the Department of Revenue and Regulation".

On page 6 , line 3, delete " state " and insert "the Department of Revenue and Regulation".

On page 6 , line 5, after " Act. " insert "The secretary of the Department of Revenue and Regulation shall submit a copy of each certificate of registration issued to the Office of the Secretary of State."

On page 6 , line 6, delete " state " and insert "the Department of Revenue and Regulation".

On page 6 , line 6, after "secretary" delete " of " .

On page 6 , line 7, delete " state " .

On page 6 , line 9, delete " of state " .

On page 6 , line 24, delete " state " and insert "the Department of Revenue and Regulation".

On page 7 , line 21, delete " state " and insert "the Department of Revenue and Regulation".

On page 7 , line 23, delete " state " and insert "the Department of Revenue and Regulation".

On page 7 , line 24, after " hearing. " insert "The secretary shall provide notice of such hearing and any action taken in response to the hearing to the Office of the Secretary of State."

On page 8 , line 2, delete " state " and insert "the Department of Revenue and Regulation".

On page 10 , line 18, delete " state " and insert "the Department of Revenue and Regulation".

On page 12 , line 7, delete " state " and insert "the Department of Revenue and Regulation".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration the nomination of Susan Shay Brugger of Brookings, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration the nomination of Tom Leckey of Pierre, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration the nomination of Linda Barker of Sioux Falls, South Dakota, to the SD Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration the nomination of James Roby of Watertown, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Royal "Mac" McCracken, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1093, 1147, 1188, 1189, and 1206 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Recognizing the efforts of United States Senator Tim Johnson, United States Senator John Thune, United States Representative Stephanie Herseth, Governor M. Michael Rounds and the preparedness of the Rapid City area's Ellsworth Task Force and the Black Hills area's government and business leaders for their outstanding achievement in retaining Ellsworth Air Force Base as a vital component of our nation's defenses.

Was read the first time.

The committee referral was waived and HCR 1003 was placed on the calendar of Wednesday, February 1, the 16^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEE

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

Judiciary on SB 156 as found on page 246 of the Senate Journal ; also

Judiciary on SB 159 as found on page 246 of the Senate Journal ; also

Judiciary on HB 1065 as found on page 246 of the Senate Journal ; also

Judiciary on HB 1074 as found on page 247 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1093: FOR AN ACT ENTITLED, An Act to authorize the involvement of tribal housing improvement programs in implementing the Governor's house program.

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

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain eligibility restrictions related to secondary school extracurricular activities.

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

HB 1188: FOR AN ACT ENTITLED, An Act to revise certain insurance liquidity provisions for private placement policies.

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

HB 1189: FOR AN ACT ENTITLED, An Act to exempt the value of motor vehicles donated to certain nonprofit corporations from state taxes.

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

HB 1206: FOR AN ACT ENTITLED, An Act to provide contractors' excise, sales, and use tax refunds for the filming of certain motion pictures, documentaries, or television films.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Napoli requested that HB 1064 be removed from the Consent Calendar.

SB 101: FOR AN ACT ENTITLED, An Act to establish the Public Utilities Commission as a separate agency.

Was read the second time.

The question being "Shall SB 101 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Napoli

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.

HB 1063: FOR AN ACT ENTITLED, An Act to clarify certain provisions concerning the authority of certain courts to issue warrants or summonses on indictment.

Was read the second time.

The question being "Shall HB 1063 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Napoli

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.

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

Was read the second time.

The question being "Shall HB 1094 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Napoli

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

Was read the second time.

The question being "Shall SB 154 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 2: FOR AN ACT ENTITLED, An Act to appropriate money for the creation of a circuit court judgeship in the second judicial circuit.

Was read the second time.

The question being "Shall SB 2 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Kooistra

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 20: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new dairy manufacturing plant at South Dakota State University and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 20 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Koetzle

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 21: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a manure separator for the South Dakota Agricultural Experiment Station and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 21 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Koetzle; Kooistra; Moore

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 23: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a livestock feed storage room as an addition to the livestock feed facility at the South Dakota Agricultural Experiment Station Southeast Research Farm and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 23 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Koetzle; Moore

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 50: FOR AN ACT ENTITLED, An Act to make certain members of limited liability companies and partnerships personally responsible for certain tax debts.

Was read the second time.

The question being "Shall SB 50 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Abdallah

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 88: FOR AN ACT ENTITLED, An Act to extend residency status to graduates of any in-state, accredited high school operated by the United States Bureau of Indian Affairs and to make an appropriation therefor.

Was read the second time.

Sen. Dan Sutton moved that the title to SB 88 be amended as follows:

On page 1, line 2 of the Senate Appropriations Committee engrossed bill, delete everything after " Affairs " and insert ".".

On page 1 , delete line 3 .

Which motion prevailed.

The question being "Shall SB 88 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 175: FOR AN ACT ENTITLED, An Act to ensure appropriate emergency health care for certain rape survivors and to require health care facilities and the Department of Health to provide information to certain rape survivors.

Was read the second time.

Sen. Koskan moved the previous question.

Which motion prevailed.

The question being "Shall SB 175 pass?"

And the roll being called:

Yeas 9, Nays 26, Excused 0, Absent 0

Yeas:
Adelstein; Hundstad; Knudson; Kooistra; McCracken; Nesselhuf; Olson (Ed); Sutton (Duane); Two Bulls

Nays:
Abdallah; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kelly; Kloucek; Koetzle; Koskan; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan)

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

SB 185: FOR AN ACT ENTITLED, An Act to require inspections of certain facilities by the Department of Health.

Was read the second time.

Sen. Duenwald moved that SB 185 be amended as follows:

On page 3, line 7 of the printed bill, after " facility. " insert "The rules shall establish minimum standards regarding:

(1) Facility safety and sanitation;

(2) Qualifications and supervision of professional and nonprofessional personnel;

(3) Emergency equipment and procedures to provide emergency care;

(4) Medical records and reports;

(5) Procedure and recovery rooms;

(6) Infection control;

(7) Medication control;

(8) Quality assurance;

(9) Facility and laboratory equipment requirements, sanitation, testing, and maintenance;

(10 Information on and access to patient follow-up care; and

(11) Patient screening, assessment, and monitoring."

Which motion prevailed.

The question being "Shall SB 185 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

President Pro Tempore Schoenbeck now presiding.

SB 207: 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 second time.

Sen. Koskan moved that SB 207 be amended as follows:

On page 3, line 18 of the printed bill, delete " : " and insert ", before making such a sale, require an".

On page 3 , line 19, delete " (1) Require, obtain, and make a written record of the " .

On page 3 , line 24, delete " ; and " and insert ".".

On page 4 , delete lines 1 to 5 , inclusive.

Which motion prevailed.

The President now presiding.

The question being "Shall SB 207 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Was read the second time.

Sen. Moore moved that SB 208 be amended as follows:

On page 6, line 20 of the printed bill, delete " Class 4 " and insert "Class 6".

Which motion lost.

The question being "Shall SB 208 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 HOUSE BILLS AND JOINT RESOLUTIONS

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 second time.

The question being "Shall HB 1002 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Abdallah

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.

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

Was read the second time.

The question being "Shall HB 1003 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; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Abdallah; Kooistra

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.

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 second time.

The question being "Shall HB 1033 pass?"

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Kelly; Knudson; Koskan; Lintz; McCracken; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Apa; Bartling; Greenfield; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Sutton (Dan); Two Bulls

Excused:
Kooistra; McNenny

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.

HB 1048: FOR AN ACT ENTITLED, An Act to revise the reporting and remittance requirements for certain state taxes and to declare an emergency.

Was read the second time.

Sen. Bogue moved that HB 1048, 1050, 1051, 1053, and 1095 and HJR 1001, 1002, and 1003 be deferred to Wednesday, February 1, the 16^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1052: FOR AN ACT ENTITLED, An Act to update the reference to certain federal regulations regarding financial assistance to persons displaced by highway acquisition.

And signed the same in the presence of the Senate.

Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at 4:50 p.m. the Senate adjourned.

Patricia Adam, Secretary