Senate Journal 02/08/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 8, 2006

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

The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate pages Chelsee Nemec and Shanda Volek.

Roll Call: All members present except Sen. Smidt 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 twentieth 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 Joseph M. Dondelinger of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Directors for Educational Telecommunications.

The question being "Does the Senate advise and consent to the executive reappointment of Joseph M. Dondelinger pursuant to the executive message as found on page 152 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; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Smidt

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

The Senate proceeded to the consideration of the executive reappointment of Glenna Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive reappointment of Glenna Fouberg 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

Excused:
Smidt

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

The Senate proceeded to the consideration of the executive reappointment of Marilyn Hoyt of Beadle County, Huron, South Dakota, to the South Dakota Board of Education.

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

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Olson (Ed); Smidt

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

The Senate proceeded to the consideration of the executive appointment of Kathryn Johnson of Pennington County, Hill City, South Dakota, to the South Dakota Board of Regents.

The question being "Does the Senate advise and consent to the executive appointment of Kathryn Johnson pursuant to the executive message as found on page 147 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Hansen (Tom); Olson (Ed); Smidt

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 Timothy Kessler of Brown County, Aberdeen, South Dakota, to the South Dakota Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of Timothy Kessler pursuant to the executive message as found on page 144 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Hansen (Tom); Olson (Ed); Smidt

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 Jeffrey G. Olson of Pennington County, Rapid City, South Dakota, to the South Dakota Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of Jeffrey G. Olson pursuant to the executive message as found on page 144 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; 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; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Apa; Napoli; Smidt

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 Appropriations respectfully reports that it has had under consideration SB 168 and HB 1011 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 143 and returns the same with the recommendation that said bill be amended as follows:

143ac

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"Section 1. There is hereby appropriated from the state general fund the sum of seven hundred fifty thousand dollars ($ 750,000 ), or so much thereof as may be necessary, to the Department of Agriculture for the state fair.

Section 2. There is hereby appropriated from the employer's investment in South Dakota's future fund the sum of two hundred fifty thousand dollars ($ 250,000 ), or so much thereof as may be necessary, to the Department of Agriculture for the state fair.

The money appropriated in this section may be spent only after all other appropriations of moneys for the state fair for fiscal year 2007 have been fully spent.

Section 3. The Secretary of the Department of Agriculture shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

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

143atc

On page 1, line 1 of the Senate State Affairs Committee engrossed bill, delete everything after " Act to " and insert "make an appropriation to the state fair."

On page 1 , delete line 2 .

And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 121 and returns the same with the recommendation that said bill be amended as follows:

121fb

On page 2 of the printed bill, delete lines 4 to 21 , inclusive, and insert:

"severed mineral interest by any county, school district, or other taxing district.

Section 3. The owner of any severed mineral interest shall, not later than November 1, 2007, and each year thereafter, file for record with the register of deeds in the county in which such severed mineral interest is located a verified statement setting forth his or her address, his or her interest, and the legal description of the property upon or beneath which the interest exists along with any other information that the register of deeds may require. The owner shall pay an annual fee of twenty-five cents per acre of land in which the owner's interest exists. The fee shall be paid to the register of deeds when the verified statement is filed. The money from the filing fee shall be deposited in the county general fund. The owner shall also provide a true and correct copy of the verified statement to the director of equalization.

Section 4. Any owner of the severed mineral interest who is actively engaged in exploring or severing minerals shall notify the register of deeds and director of equalization when filing the verified statement required by section 3 of this Act. Any owner who is actively engaged in exploring or severing minerals and holds a permit or license pursuant to chapter 45-6, 45-6B, 45-6C, 45-6D, or 45-9 is exempt from any fees or assessments imposed by this Act on that area of land covered by such permit or license. The owner shall sign the verified statement under penalty of perjury.

Section 5. If the owner of any severed mineral interest fails to comply with the provisions of section 3 of this Act, the provisions of § 10-6-20 apply.

Section 6. If the owner of any severed mineral interest fails to comply with the provisions of this Act, the county shall take a tax deed and serve notice on the owner pursuant to chapters 10-23, 10-24, and 10-25. The sale of severed interests for taxes or assessments shall be administered pursuant to chapters 10-23, 10-24, and 10-25.

Section 7. The county treasurer, before offering for sale for unpaid taxes as provided in § 10- 23-7 any severed mineral interest, shall notify the surface fee owner of the property from which the mineral interest was severed of the time and place of the sale."

121cb

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

" Section 1. Electric utilities, public utilities, telecommunication companies, and rural water systems have the right to the use of the railroad right-of-way for the placement of facilities, upon payment of a reasonable fee, and subject to reasonable regulation and negotiation in good faith as to location, placement, and compensation when the placement of facilities is outside the public right of way."

121ctb

On page 1, line 1 of the printed bill, delete everything after " An Act to " and insert "clarify provisions regarding the use of railroad rights-of-way by utility companies."

On page 1 , delete line 2 .

121fd

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

"Section 1. Recognized electric utilities, public utilities, telecommunication companies, and rural water systems duly organized under the laws of South Dakota have the right to traverse the railroad right-of-way with underground facilities, subject to reasonable railroad regulation and terms and conditions as to prevention of present and future railroad operational interference, placement, safety, liability, maintenance, reclamation, administrative costs, and compensation."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1206 and returns the same with the recommendation that said bill be amended as follows:

1206fb

On page 2, line 13 of the House engrossed bill, after " dollars " insert "in taxable costs".

On page 2 , line 17, after " dollars " insert "in taxable costs".

On page 2 , line 18, delete " project cost " and insert "taxable project costs in excess of two hundred fifty thousand dollars".

1206fc

On page 1, line 6 of the House engrossed bill, after "documentary," insert "television advertisement,".

On page 2 , line 1, after " documentary, " insert "television advertisement,".

On page 2 , line 9, after " documentary, " insert "television advertisement,".

On page 2 , line 16, after " documentary, " insert "television advertisement,".

On page 2 , line 20, after " documentary, " insert "television advertisement,".

1206fd

On page 4, after line 24 of the House engrossed bill, insert:

"Section 14. This Act is repealed on June 30, 2011."

1206ftb

On page 1, line 2 of the House engrossed bill, after " documentaries, " insert "television advertisements,".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 111 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1037 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 Health and Human Services respectfully reports that it has had under consideration SB 115, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

115ja

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

"Section 1. A mother may breast-feed her child in any location where the mother and child have a right to be."

115jta

On page 1, line 1 of the printed bill, delete everything after " Act to " and insert "allow a mother to breast-feed her child anywhere she and the child have a right to be."

On page 1 , delete lines 2 and 3 .

And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 157 and 172 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 2 and returns the same with recommendation that said resolution be amended as follows:

j2ja

On page 1 of the printed resolution, delete lines 12 and 13 , and insert:

" § 28. The intention of the State of South Dakota is to protect the life of the mother and the life of her unborn child from conception to birth. This Constitution shall not be construed to grant any right relating to abortion or the public funding thereof."

On page 2 , delete line 1 .

J2ob

On the previously adopted amendment (j2ja), delete "or the public funding thereof".

J2oc

On the previously adopted amendment (j2ja), delete the first sentence.

J2ota

On page 1, line 2 of the printed resolution, after " relating to " delete " the " and insert "abortion."

On page 1 , delete line 3 .

And that as so amended said resolution be adopted

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 197 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 1178 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 1171 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 SB 138, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

138ob

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

"Section 1. That § 15-7-6 be amended to read as follows:

15-7-6. The use and operation by a resident of this state or ~~his~~ the resident's agent, or by a nonresident or ~~his~~ the nonresident's agent of a motor vehicle within the State of South Dakota, shall be deemed an irrevocable appointment by ~~such~~ the resident or ~~his~~ the resident's agent when he the resident has been absent from this state continuously for ~~six months~~ thirty days or more following a motor vehicle accident, or by ~~such~~ the nonresident or ~~his~~ the nonresident's agent at any time, of the secretary of state of South Dakota to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against ~~him~~ the resident or nonresident or his or her personal representative growing out of such use and operation of a motor vehicle within this state, resulting in damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. ~~Such~~ The appointment is binding upon the nonresident's personal representative. ~~Such~~ The use or operation of a motor vehicle by ~~such~~ the resident or nonresident is a signification of ~~his~~ the resident's or nonresident's agreement that any such process in any action against ~~him~~ the resident or nonresident or his or her personal representative which is so served, shall be of the same legal force and validity as if served upon ~~him~~ the resident or nonresident personally or on ~~his~~ the resident's or nonresident's personal representative. "

138ota

On page 1, line 1 of the printed bill, delete everything after " to " and insert "revise certain provisions regarding the appointment of an agent to receive any legal process."

On page 1 , delete lines 2 and 3 .

138ra

On the previously adopted amendment (138ob), delete " thirty " and insert " ninety ".

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 1075 and returns the same with the recommendation that said bill be amended as follows:

1075ra

On page 2, after line 3 of the printed bill, insert:

"Section 2. That chapter 23A-37 be amended by adding thereto a NEW SECTION to read as follows:

Any moneys derived by the South Dakota Forensic Laboratory from the sale of weapons or firearms pursuant to section 1 of this Act shall be deposited in the law enforcement officers training fund."

And that as so amended 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 SB 102 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 SB 74 and 75 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., February 8, 2006.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 42 and 54 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 1069, 1154, and 1217 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 42 and 54 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

Was read the first time.

The committee referral was waived and HCR 1005 was placed on the calendar of Thursday, February 9, the 22^nd legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 134 as found on page 375 of the Senate Journal ; also

Agriculture and Natural Resources on SB 186 as found on page 380 of the Senate Journal ; also

Agriculture and Natural Resources on HB 1082 as found on page 381 of the Senate Journal ; also

Transportation on HB 1189 as found on page 374 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1069: FOR AN ACT ENTITLED, An Act to prohibit the public sale of tax certificates.

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

HB 1154: FOR AN ACT ENTITLED, An Act to impose an excise tax on the gross receipts from the sale and use of farm machinery, farm attachment units, and irrigation equipment, to exempt the gross receipts from the sale of farm machinery, farm attachment units, and irrigation equipment from sales and use tax, and to declare an emergency.

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

HB 1217: FOR AN ACT ENTITLED, An Act to provide for the clarification of sexual abstinence instruction.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 95: FOR AN ACT ENTITLED, An Act to clarify that certain statutory interim committees may introduce legislation on their own motion.

Was read the second time.

The question being "Shall SB 95 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1017: FOR AN ACT ENTITLED, An Act to authorize the Public Utilities Commission to implement and comply with certain federal energy acts and to validate certain related commission actions.

Was read the second time.

The question being "Shall HB 1017 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding life insurance exclusions.

Was read the second time.

The question being "Shall HB 1043 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1044: FOR AN ACT ENTITLED, An Act to clarify the application of certain provisions relating to the exemption of debt cancellation contracts from insurance regulation.

Was read the second time.

The question being "Shall HB 1044 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1045: FOR AN ACT ENTITLED, An Act to modify the requirements for coordination of benefits between health plans.

Was read the second time.

The question being "Shall HB 1045 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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 1077: FOR AN ACT ENTITLED, An Act to authorize water user districts to establish and operate wastewater systems.

Was read the second time.

The question being "Shall HB 1077 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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, 198, and 202 be deferred to Thursday, February 9, the 22^nd legislative day.

Which motion prevailed.

SB 167: FOR AN ACT ENTITLED, An Act to revise the conditions under which the state may enter into gaming compacts with Indian tribes.

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

The question being "Shall SB 167 pass?"

And the roll being called:

Yeas 22, Nays 12, Excused 1, Absent 0

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

Nays:
Bartling; Broderick; Gray; Hanson (Gary); Hundstad; Kloucek; Koetzle; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan); Two Bulls

Excused:
Smidt

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 194: FOR AN ACT ENTITLED, An Act to revise the definition of wine for farm wineries.

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

194fa

Sen. Nesselhuf moved that SB 194 be further amended as follows:

On page 1 of the printed bill, delete lines 5 to 14 , inclusive, and insert:

"(1) "Farm winery," any winery operated by the owner of a South Dakota farm and producing table, sparkling, or sacramental wines ~~from grapes, grape juice, other fruit bases, or honey~~ as defined in subdivision (2) or wine as defined in subdivision (3), with a majority of the ingredients grown or produced in South Dakota;

(2) "Table, sparkling, and sacramental wines," any beverage made without rectification or fortification and containing not more than ~~eighteen~~ twenty-four percent alcohol by volume and made by the fermentation of grapes, grape juice, other fruits, or honey ;

(3) "Wine," any beverage made without rectification, except for the purpose of fortification, from the fermentation of grapes, grape juice, other fruit bases, or honey, with or without adding brandy or alcohol, and containing not less than one-half percent and not more ".

On page 2 , line 5, delete " subdivision (2) " and insert " subdivision 35-12-1(3) ".

On page 2 , line 11, delete " subdivision (2) " and insert " subdivision 35-12-1(3) ".

On page 2 , line 17, delete " subdivision (2) " and insert " subdivision 35-12-1(3) ".

On page 3 , line 4, delete " subdivision (2) " and insert " subdivision 35-12-1(3) ".

On page 3 , line 12, delete " subdivision (2) " and insert " subdivision 35-12-1(3) ".

Which motion prevailed.

The question being "Shall SB 194 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Smidt

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

Sen. Bogue moved that HJR 1001, 1002, 1003 and HB 1035 and 1036 be deferred to Thursday, February 9, the 22^nd legislative day.

Which motion prevailed.

HB 1021: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

Was read the second time.

1021ha

Sen. Greenfield moved that HB 1021 be amended as follows:

On page 1, line 5 of the printed bill, delete " state " and insert "special".

On page 1 , line 6, after " disaster " insert "special revenue".

Which motion prevailed.

The question being "Shall HB 1021 pass as amended?"

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

Excused:
Abdallah; Smidt

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

Was read the second time.

Sen. Bogue moved that HB 1039 and 1072 be placed to follow HB 1134 on today's calendar.

Which motion prevailed.

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding failure to stop at the command of a law enforcement officer and regarding eluding a law enforcement officer in a vehicle.

Was read the second time.

1118xa

Sen. Bogue moved that HB 1118 be further amended as follows:

On page 3, line 1 of the House engrossed bill, delete everything after " person. "

On page 3 , delete lines 2 to 5 , inclusive.

Which motion prevailed.

The question being "Shall HB 1118 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; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Napoli

Excused:
Smidt

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 the Senate do now recess until 3:35 p.m., which motion prevailed and at 3:15 p.m., the Senate recessed.

RECESS

The Senate reconvened at 3:35 p.m., the President presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

(continued)

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

Was read the second time.

1147rb

Sen. Schoenbeck moved that HB 1147 be further amended as follows:

On page 1, line 5 of the Senate Judiciary Committee engrossed bill, after " of " delete " a youth " and insert " an informal adjustment or court-approved juvenile ".

Which motion prevailed.

1147xa

Sen. Knudson moved that HB 1147 be further amended as follows:

On page 2, line 11 of the Senate Judiciary Committee engrossed bill, after " in " delete " a youth " and insert " an informal adjustment or court-approved juvenile ".

Which motion prevailed.

1147cc

Sen. Koskan moved that HB 1147 be further amended as follows:

On page 1, line 11 of the printed bill, delete everything after " sentence. "

On page 1 , delete lines 12 to 14 , inclusive.

On page 2 , delete line 1 .

Sen. Abdallah moved the previous question.

Sen. Koskan requested a roll call vote.

Which request was supported.

The question being on Sen. Abdallah's motion that the previous question be called.

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Gray; Koetzle; Moore; Nesselhuf; Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Nays:
Apa; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Sutton (Duane)

Excused:
Smidt

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

Sen. Koskan requested a roll call vote.

Which request was supported.

The question being on Sen. Koskan's motion that HB 1147 be further amended.

And the roll being called:

Yeas 8, Nays 26, Excused 1, Absent 0

Yeas:
Apa; Bogue; Duenwald; Duniphan; Greenfield; Koskan; Lintz; McNenny

Nays:
Abdallah; Adelstein; Bartling; Broderick; Dempster; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; McCracken; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Smidt

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

The question being "Shall HB 1147 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Apa; Bogue; Duniphan; Greenfield; Koskan; Lintz; McNenny

Excused:
Smidt

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 1161: FOR AN ACT ENTITLED, An Act to provide additional methods for the formation of special zoning areas.

Was read the second time.

The question being "Shall HB 1161 pass as amended?"

And the roll being called:

Yeas 26, Nays 8, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Olson (Ed); Sutton (Dan); Sutton (Duane)

Nays:
Kloucek; Knudson; Koetzle; Kooistra; Nesselhuf; Peterson (Jim); Schoenbeck; Two Bulls

Excused:
Smidt

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. Kloucek announced his intention to reconsider the vote by which HB 1161 passed.

HB 1089: FOR AN ACT ENTITLED, An Act to appropriate money for the Vietnam War Memorial.

Was read the second time.

Sen. Bogue moved that HB 1039, 1072, 1089, and 1134 be deferred to Thursday, February 9, the 22^nd legislative day.

Which motion prevailed.

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 concurred in Senate amendments to HB 1029 and 1190.

Respectfully,
Karen Gerdes, Chief Clerk

COMMEMORATIONS

SC 4 Introduced by: Senators Sutton (Dan), Abdallah, Bartling, Moore, Peterson (Jim), and Schoenbeck and Representatives Gassman, Cutler, Garnos, Krebs, Lange, and Rave

A LEGISLATIVE COMMEMORATION, Honoring Noah Luttmann for achieving the rank of Eagle Scout.

WHEREAS, Noah Luttmann, son of Gary and Roberta Luttmann of Flandreau, has completed the requirements for and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout; and

WHEREAS, the Eagle Scout Award is the highest rank that a young man can achieve within the Boy Scouts of America and Noah Luttmann will be honored on March 5, 2006, for this award; and

WHEREAS, Noah Luttmann has shown steady, persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent; and

WHEREAS, Noah Luttmann has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America, academics, and extracurricular activities:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Noah Luttmann, a member of Boy Scout Troop 62, be recognized and congratulated for achieving the elevated rank of Eagle Scout.

SIGNING OF BILLS

The President publicly read the title to

SB 42: FOR AN ACT ENTITLED, An Act to update and revise certain provisions pertaining to saddlemount motor vehicle combinations.

SB 54: FOR AN ACT ENTITLED, An Act to revise the state trunk highway system.

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.

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.

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.

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.

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

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

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

And signed the same in the presence of the Senate.

Sen. Lintz moved that the Senate do now adjourn, which motion prevailed and at 4:37 p.m. the Senate adjourned.

Patricia Adam, Secretary