Senate Journal 02/03/2006 1:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 3, 2006

The Senate convened at 1:00 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 pages Jesse Liebe and Tyler Luckhurst.

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 seventeenth 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 Cindy Mydland of Brookings County, Brookings, South Dakota, to the South Dakota Housing Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Cindy Mydland pursuant to the executive message as found on page 149 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; 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 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 Douglas J. Sharp of Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Douglas J. Sharp 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:
Gray

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 Taxation respectfully reports that it has had under consideration HB 1123 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1097 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 Taxation respectfully reports that it has had under consideration SB 80 and tabled the same.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 187 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

165ha

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

"Section 1. There is hereby appropriated from the state general fund the sum of two hundred forty-seven thousand dollars ($ 247,000 ), or so much thereof as may be necessary, to the Department of Tourism and State Development to be used for the operations of the South Dakota Energy Infrastructure Authority.

Section 2. The executive director of the South Dakota Energy Infrastructure Authority shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

Section 3. Any amount appropriated in this Act not lawfully expended or obligated by June 30, 2007, shall revert in accordance with § 4-8-21.

Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

165zta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "appropriate money to the South Dakota Energy Infrastructure Authority and declare an emergency."

On page 1 , delete line 2 .

And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 188 and tabled the same.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 190 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1086 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1147 and returns the same with the recommendation that said bill be amended as follows:

1147cb

On page 2, line 6 of the printed bill, overstrike " while that person is attending " and insert " at ".

On page 2 , line 9, overstrike " enrolled " and insert " participating in any extracurricular activity ".

On page 2 , line 12, delete " enrolled " and insert " participating in any extracurricular activity ".

1147ra

On page 1, line 10 of the printed bill, after " conviction, " insert " diversion, ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Debra C. Flute of Roberts County, Sisseton, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 25, 41, 43, and 55 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 3 was delivered to his Excellency, the Governor, for his approval at 10:43 a.m., February 3, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1067, 1081, 1098, 1137, 1164, 1165, 1170, 1177, 1181, 1204, 1225, 1226 and 1227 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 25, 41, 43, and 55 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1004 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 Introduced by: Senators 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-first Legislature of the State of South Dakota to Chelsea Hageman, Jesse Liebe, Kate Lindblom, Tyler Luckhurst, Katie Manning, Janae Olinger, Stephanie Olson, Wendy Pepper, and Amanda Schulz.

WHEREAS, the above named served loyally as pages for the Senate of the Eighty-first Legislative Session; and

WHEREAS, the members of the Eighty-first Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Bogue moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Bogue's motion that Senate Page Resolution 2 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
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:
Abdallah; Gray

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

Sen. Knudson moved that SB 189 be referred to the Committee on Appropriations.

Which motion prevailed.

HCR 1004: A CONCURRENT RESOLUTION, Urging the voters of South Dakota to reject the Judicial Accountability Initiated Law (J.A.I.L.), which will be submitted to South Dakota voters in November 2006, designated Amendment E.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on SB 61 as found on page 321 of the Senate Journal ; also

Commerce on SB 194 as found on page 320 of the Senate Journal ; also

Commerce on SB 200 as found on page 321 of the Senate Journal ; also

Agriculture and Natural Resources on HB 1029 as found on page 319 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 209 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1067: FOR AN ACT ENTITLED, An Act to classify certain persons as residents for purposes of higher education tuition.

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

HB 1081: FOR AN ACT ENTITLED, An Act to exempt from the sales and use taxes certain maintenance items used on agricultural machinery and equipment and to declare an emergency.

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

HB 1098: FOR AN ACT ENTITLED, An Act to exempt swine and cattle semen from sales use tax.

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

HB 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the practice of counseling.

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

HB 1164: FOR AN ACT ENTITLED, An Act to provide for the taxation of leased motorcycles and motorized bicycles.

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

HB 1165: FOR AN ACT ENTITLED, An Act to establish a workers compensation small claims procedure.

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

HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the voting requirements of the board of adjustment.

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

HB 1177: FOR AN ACT ENTITLED, An Act to limit the amount in the Employer's Investment in South Dakota's Future Fund.

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

HB 1181: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding humane societies.

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

HB 1204: FOR AN ACT ENTITLED, An Act to exempt certain persons from jury duty because of religious beliefs.

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

HB 1225: FOR AN ACT ENTITLED, An Act to rename the office and the title of the head of the Old Age and Survivors Insurance Division in the Office of the State Auditor and specify the position's duties.

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

HB 1226: FOR AN ACT ENTITLED, An Act to expand the tax refund for agricultural processing facilities to include expansions to existing facilities and to revise the time period in which an application must be submitted.

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

HB 1227: FOR AN ACT ENTITLED, An Act to provide a property tax exemption for coal-fired power plants upgrading pollution control equipment.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Moore requested that HB 1032 be removed from the Consent Calendar.

SB 14: FOR AN ACT ENTITLED, An Act to revise certain residency requirements regarding the eligibility for admission to the State Veterans' Home.

Was read the second time.

The question being "Shall SB 14 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Was read the second time.

The question being "Shall SB 91 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Was read the second time.

The question being "Shall SB 119 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1107: FOR AN ACT ENTITLED, An Act to clarify the definition of a salvage vehicle.

Was read the second time.

The question being "Shall HB 1107 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1030: FOR AN ACT ENTITLED, An Act to permit persons in the armed services and certain family members to acquire a turkey license under certain circumstances.

Was read the second time.

The question being "Shall HB 1030 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Was read the second time.

The question being "Shall SB 206 pass?"

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Adelstein; Bartling; Hundstad; Kelly; Kloucek; Knudson; Koetzle; Lintz; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Dan); Two Bulls

Nays:
Abdallah; Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Kooistra; Koskan; McCracken; McNenny; Napoli; Schoenbeck; 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.

SB 30: FOR AN ACT ENTITLED, An Act to revise the use of certain funds in the Department of Education.

Was read the second time.

Sen. Koskan moved that SB 30 be deferred to Monday, February 6, the 19^th legislative day.

Which motion prevailed.

SB 180: FOR AN ACT ENTITLED, An Act to require consumer reporting agencies to provide security freezes for consumers who are victims of identity theft.

Was read the second time.

The question being "Shall SB 180 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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. Bogue moved that SB 184 and 201 and HB 1034, 1036, 1130, and 1190 be deferred to Monday, February 6, the 19^th legislative day.

Which motion prevailed.

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

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 152, 204, and 205 and HB 1012 and 1014 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 100 and 151 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 Appropriations respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill be amended as follows:

65za

On page 1, line 4 of the printed bill, delete " seven " and insert "two hundred eighty-six thousand dollars ($286,000)".

On page 1 , line 5, delete " hundred fifty thousand dollars ($750,000) " .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill be amended as follows:

142aa

On page 1, line 4 of the printed bill, delete everything after " Section 1. "

On page 1 , delete line 5 .

On page 1 , line 6, delete " Attorney General for a one year contract with an expert " and insert "The attorney general is hereby directed".

On page 1 , line 9, after " The " delete " consultant and the " .

On page 1 , delete lines 11 to 14 , inclusive.

142ata

On page 1, line 1 of the printed bill, after " Act to " delete " appropriate money to " and insert "direct".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 202 and returns the same with the recommendation that said bill be amended as follows:

202aa

On page 1, line 6 of the printed bill, before " dollars " insert "one hundred fifty thousand".

On page 1 , line 6, delete " ($2,000,000) " and insert "($2,150,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill be amended as follows:

203za

On page 1, line 4 of the printed bill, delete " from the state general fund fund the sum of " .

On page 1 , line 5, after " necessary, " insert "from other funds".

On page 1 , line 6, after " registry. " insert "The Office of the Attorney General may accept and expend funds obtained from gifts and contributions. Such funds may be expended for computer programming, for the collection of information and in the entry of information required for a statewide sex offender registry."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 171 and HB 1018 and tabled the same.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 137 and 193 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

There being no objection, the Senate proceeded to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1065 and 1074.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title 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.

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

SB 43: FOR AN ACT ENTITLED, An Act to update certain provisions for the storage of explosive materials.

SB 55: FOR AN ACT ENTITLED, An Act to modify the process for state highway road closures due to inclement weather.

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cancelled livestock brands.

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

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

HB 1049: FOR AN ACT ENTITLED, An Act to revise the effective dates of certain laws regarding the regulation of motor vehicle license plates.

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the taxation of motor fuel and the refunding of motor fuel taxes.

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.

HB 1053: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2005.

HB 1064: FOR AN ACT ENTITLED, An Act to increase the penalty for subsequent convictions for the crime of stalking.

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.

And signed the same in the presence of the Senate.

Sen. McNenny moved that the Senate do now adjourn, which motion prevailed and at 1:53 p.m. the Senate adjourned.

Patricia Adam, Secretary