Senate Journal 02/06/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 6, 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 pages Catherine Watkins and Philip Mulder.

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 eighteenth 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.

The oath of office was administered by the President to the following named persons:

Pages: Mary Grode, Brittany Kerr, Philip Mulder, Chelsee Nemec, Abby Roberts, Teneil Ryno, Allison Struck, Shanda Volek, Catherine Watkins, and Austin Wiese.

Which were subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS

The President introduced the 2006 Easter Seals Family, Ron, Marnie, Shaina, and Abby Farris from Pierre, to the body.

Sen. Schoenbeck moved that the consideration of the executive appointment of Debra C. Flute be deferred to Thursday, February 9, the 22^nd Legislative Day.

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 167 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 131 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1161 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1077 and returns the same with the recommendation that said bill be amended as follows:

On page 5, after line 20 of the House Local Government Committee engrossed bill, insert:

"Section 7. That chapter 46A-9 be amended by adding thereto a NEW SECTION to read as follows:

No portion of any plant or system that is operated by a water user district for the collection, treatment, or disposal of wastewater, including sanitary sewers and sewage and sewage treatment plants and systems, may be located within a zone that extends ten miles outward from the corporate limits of any municipality without the approval of the municipality. However, if the ten-mile zones of more than one municipality overlap, the jurisdiction of each municipality over any such plant or system terminates at a boundary line equidistant from the respective corporate limits of the municipalities; and the water user district shall obtain the approval of each municipality that would have jurisdiction over any portion of the plant or system to be operated by the water user district. The restrictions provided in this section do not apply to any portion of any such plant or system if the portion was in existence on the effective date of this Act or if the portion predates any expansion by a municipality that would otherwise cause the plant or system to be in violation of this section."

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

Respectfully submitted,
J.P. Duniphan, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 165 and 189 and HB 1021, 1022, and 1087 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1035 and 1072 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1059 and 1156 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 Health and Human Services respectfully reports that it has had under consideration SB 177 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10 of the printed bill, after " of the " insert " interim Rules Review Committee, the ".

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

Respectfully submitted,
Lee Schoenbeck, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1118 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 1109 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 Judiciary respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7 of the House engrossed bill, after " upon " insert " reasonable apprehension of ".

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

On page 2 , delete line 13 .

On page 2, line 7 of the House engrossed bill, delete both " , ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1100 which was deferred to the 36^th Legislative Day.

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 13 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1113, 1182, and 1246 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 13 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 65 as found on page 350 of the Senate Journal ; also

Appropriations on SB 142 as found on page 351 of the Senate Journal ; also

State Affairs on SB 165 as found on page 339 of the Senate Journal ; also

Appropriations on SB 202 as found on page 351 of the Senate Journal ; also

Appropriations on SB 203 as found on page 351 of the Senate Journal ; also

Judiciary on HB 1147 as found on page 340 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1113: FOR AN ACT ENTITLED, An Act to exempt claims related to wildland fire operations outside the state from certain workers' compensation provisions.

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

HB 1182: FOR AN ACT ENTITLED, An Act to allow school districts to expend from the capital outlay fund for some of their mileage reimbursement costs.

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

HB 1246: FOR AN ACT ENTITLED, An Act to authorize the state to join an interstate compact for the prevention and control of forest fires.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Jim Peterson requested that HB 1097 be removed from the Consent Calendar.

SB 61: FOR AN ACT ENTITLED, An Act to establish the Motor Vehicle Insurance Data Base Task Force and to provide for its composition, scope, and administration.

Was read the second time.

The question being "Shall SB 61 pass as amended?"

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 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 100: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state fund condition statements.

Was read the second time.

The question being "Shall SB 100 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.

SB 151: FOR AN ACT ENTITLED, An Act to define the local government contribution for the construction of an armory.

Was read the second time.

The question being "Shall SB 151 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.

HB 1029: FOR AN ACT ENTITLED, An Act to prohibit the use of crossbows for fishing unless an exception is granted in rules promulgated by the Game, Fish and Parks Commission.

Was read the second time.

The question being "Shall HB 1029 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that SB 30 be deferred to Wednesday, February 8, the 21^st legislative day.

Which motion prevailed.

SB 184: FOR AN ACT ENTITLED, An Act to provide for the notification of certain members of the armed forces concerning screening for exposure to depleted uranium.

Was read the second time.

The question being "Shall SB 184 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Broderick; Duenwald; Duniphan; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Lintz; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Dempster; Earley; Gant; Gray; Greenfield; Koskan; McCracken; McNenny; Smidt; Sutton (Duane)

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 200: FOR AN ACT ENTITLED, An Act to authorize the risk pool board to allow additional enrollees into the risk pool under certain circumstances.

Was read the second time.

The question being "Shall SB 200 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 201: FOR AN ACT ENTITLED, An Act to revise the risk pool reimbursement method for certain health care providers.

Was read the second time.

The question being "Shall SB 201 pass?"

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; Moore; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Koetzle; Nesselhuf

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

Was read the second time.

The question being "Shall SB 152 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 194: FOR AN ACT ENTITLED, An Act to revise the definition of wine for farm wineries.

Was read the second time.

Sen. Nesselhuf moved that SB 194 be deferred to Tuesday, February 7, the 20^th legislative day.

Which motion prevailed.

SB 204: 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 second time.

The question being "Shall SB 204 pass?"

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 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 205: 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 second time.

The question being "Shall SB 205 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; 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:
Gant

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. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1006 and has appointed Reps. Deadrick, Howie, and Sigdestad as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

The President announced as such committee Sens. McNenny, Jim Peterson, and Napoli.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that HJR 1001, 1002, and 1003 be deferred to Wednesday, February 8, the 21^st legislative day.

Which motion prevailed.

Sen. Bogue moved that HB 1007, 1036, and 1039 be deferred to Tuesday, February 7, the 20^th legislative day.

Which motion prevailed.

HB 1032: FOR AN ACT ENTITLED, An Act to clarify that hunting, fishing, and trapping privileges associated with a resident license continue after change of residency.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 19, Nays 14, Excused 2, Absent 0

Yeas:
Adelstein; Bogue; Dempster; Duenwald; Duniphan; Earley; Hansen (Tom); Kelly; Kloucek; Knudson; Kooistra; Koskan; Lintz; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

Nays:
Abdallah; Apa; Bartling; Broderick; Gray; Greenfield; Hanson (Gary); Hundstad; Koetzle; McCracken; Moore; Peterson (Jim); Sutton (Dan); Two Bulls

Excused:
Gant; 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 1034: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to schedule certain controlled substances, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1034 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.

HB 1130: FOR AN ACT ENTITLED, An Act to revise the definition of a temporary supplemental lot for use by vehicle dealers.

Was read the second time.

The question being "Shall HB 1130 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.

HB 1190: FOR AN ACT ENTITLED, An Act to specifically exclude ridden animals and bicycles from violations of the DUI statutes.

Was read the second time.

The question being "Shall HB 1190 pass as amended?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bogue; Duenwald; Duniphan; Gant; Gray; Greenfield; Hanson (Gary); Kelly; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Sutton (Dan); Sutton (Duane)

Nays:
Apa; Bartling; Broderick; Dempster; Earley; Hansen (Tom); Hundstad; Kooistra; Koskan; Peterson (Jim); 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.

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 second time.

The question being "Shall HB 1012 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
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.

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 second time.

The question being "Shall HB 1014 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Excused:
Hansen (Tom); 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.

HB 1086: FOR AN ACT ENTITLED, An Act to restrict the rights of certain sex offenders related to adoption or visitation of children.

Was read the second time.

The question being "Shall HB 1086 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; 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:
Hansen (Tom)

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

Was read the second time.

The question being "Shall HB 1123 pass?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Duniphan; Kelly; Knudson

Excused:
Hansen (Tom)

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.

SIGNING OF BILLS

The President publicly read the title to

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

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

HB 1041: FOR AN ACT ENTITLED, An Act to allow for denial, suspension, or revocation of emergency medical technician certificates for past gross incompetence and for unprofessional or dishonorable conduct.

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.

HB 1068: FOR AN ACT ENTITLED, An Act to require the names of certain parties to be listed in instruments recorded by the register of deeds.

HB 1073: FOR AN ACT ENTITLED, An Act to revise the circumstances under which certain arrests may be effected without warrant.

HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the bonding of township clerks and treasurers.

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

HB 1104: FOR AN ACT ENTITLED, An Act to revise the elements of the crime of eavesdropping.

HB 1121: FOR AN ACT ENTITLED, An Act to revise notification requirements for certain planning and zoning changes.

And signed the same in the presence of the Senate.

Sen. Adelstein moved that the Senate do now adjourn, which motion prevailed and at 3:37 p.m. the Senate adjourned.

Patricia Adam, Secretary