Senate Journal 02/10/2006 1:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 10, 2006

The Senate convened at 1:00 p.m., pursuant to adjournment, President Pro Tempore Schoenbeck presiding.

The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by Senate pages Brittany Kerr and Allison Struck.

Roll Call: All members present except Sens. Apa, Kloucek, and Two Bulls who were 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 twenty-second 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 President Pro Tempore announced Sens. Kooistra, McNenny, and Hundstad as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1007.

COMMUNICATIONS AND PETITIONS

February 8, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 7, 2006, I approved Senate Bills 13, 25, 41, 43, and 55, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 9, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 8, 2006, I approved Senate Bills 74 and 75, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1112, 1226, and 1227 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1204 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 1135 and 1205 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 Judiciary respectfully reports that it has had under consideration HB 1186 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the House engrossed bill, delete " Any person entitled, by court order, " and insert "Any parent subject to a court order relating".

And that as so amended said bill do pass.

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 33, 34, 183 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 1020, 1079, 1128, 1129, 1163, 1194, 1197, 1215, 1232, 1233, 1234, and 1236 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 33, 34, and 183 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1021, 1077, 1118, and 1147.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 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 Mary Grode, Brittany Kerr, Philip Mulder, Chelsee Nemec, Abby Roberts, Teneil Ryno, Allison Struck, Shanda Volek, Catherine Watkins, and Austin Wiese.

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 3 be adopted.

The question being on Sen. Bogue's motion that Senate Page Resolution 3 be adopted.

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

Excused:
Apa; Kloucek; Two Bulls

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

HCR 1006: A CONCURRENT RESOLUTION, Urging further support from Secretary Donald Rumsfeld and the United States Department of Defense for the South Dakota National Guard.

Was read the second time.

Sen. Smidt moved that the Senate do concur in HCR 1006 as found on page 416 of the House Journal.

The question being on Sen. Smidt's motion that the Senate do concur in HCR 1006.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1006 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 81 as found on page 425 of the Senate Journal ; also

Commerce on SB 98 as found on page 430 of the Senate Journal ; also

Education on SB 103 as found on page 428 of the Senate Journal ; also

Appropriations on SB 153 as found on page 424 of the Senate Journal ; also

State Affairs on SB 188 as found on page 423 of the Senate Journal ; also

Education on HB 1067 as found on page 429 of the Senate Journal ; also

Commerce on HB 1113 as found on page 431 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1020: FOR AN ACT ENTITLED, An Act to reappropriate certain moneys to state aid to general education.

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

HB 1079: FOR AN ACT ENTITLED, An Act to define an enrolled student.

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

HB 1128: FOR AN ACT ENTITLED, An Act to increase the rate of taxation that municipalities may impose on certain goods and services.

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

HB 1129: FOR AN ACT ENTITLED, An Act to exempt certain facilities used for business incubators from property taxation.

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

HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court suspensions and revocations of driver licenses.

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

HB 1194: FOR AN ACT ENTITLED, An Act to prohibit the distribution of contraceptives to public school students.

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

HB 1197: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the reduction of unemployment benefits.

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

HB 1215: FOR AN ACT ENTITLED, An Act to establish certain legislative findings, to reinstate the prohibition against certain acts causing the termination of an unborn human life, to prescribe a penalty therefor, and to provide for the implementation of such provisions under certain circumstances.

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

HB 1232: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the freeze on property assessments for disabled and senior citizens.

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

HB 1233: FOR AN ACT ENTITLED, An Act to provide for the establishment and operation of artisan distillers and to revise certain provisions concerning farm wineries.

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

HB 1234: FOR AN ACT ENTITLED, An Act to require all children to attend kindergarten and to establish a minimum length of time for kindergarten programs.

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

HB 1236: FOR AN ACT ENTITLED, An Act to create the South Dakota Virtual High School.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Greenfield requested that HB 1075 be removed from the Consent Calendar.

HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding standards for school district radio equipment.

Was read the second time.

The question being "Shall HB 1023 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; 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 1024: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for the appointment of the director of vocational education.

Was read the second time.

The question being "Shall HB 1024 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; 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 1070: FOR AN ACT ENTITLED, An Act to prohibit insurers from taking certain actions based on receipt of a notice of hearing and charges against insurance producers and to require that persons receiving such notice also receive notice of the final determination of the matter.

Was read the second time.

The question being "Shall HB 1070 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Bogue moved that the rules be suspended for the sole purpose of deferring SB 30, 121, 134, 143, 153, 157, 168, 188, 198, 202 and SJR 2 until Monday, February 13, the 24^th legislative day.

The question being on Sen. Bogue's motion that the rules be suspended for the sole purpose of deferring SB 30, 121, 134, 143, 153, 157, 168, 188, 198, 202 and SJR 2 until Monday, February 13, the 24^th legislative day.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; Two Bulls

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

SB 81: FOR AN ACT ENTITLED, An Act to prohibit the acquiring or selling of certain communications records and to declare an emergency.

Was read the second time.

The question being "Shall SB 81 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; Two Bulls

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 98: FOR AN ACT ENTITLED, An Act to limit the transfer or renewal of certain alcohol beverage licenses.

Was read the second time.

The question being "Shall SB 98 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; 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 103: FOR AN ACT ENTITLED, An Act to exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

Was read the second time.

Sen. Koskan moved that SB 103 be laid on the table.

The question being on Sen. Koskan's motion that SB 103 be laid on the table.

And the roll being called:

Yeas 19, Nays 12, Excused 4, Absent 0

Yeas:
Abdallah; Bogue; Broderick; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McCracken; McNenny; Napoli; Schoenbeck; Smidt; Sutton (Duane)

Nays:
Adelstein; Bartling; Dempster; Hanson (Gary); Hundstad; Knudson; Koetzle; Kooistra; Moore; Nesselhuf; Peterson (Jim); Sutton (Dan)

Excused:
Apa; Kloucek; Olson (Ed); Two Bulls

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 103 was laid on the table.

SB 115: FOR AN ACT ENTITLED, An Act to allow a mother to breast-feed her child anywhere she and the child have a right to be.

Was read the second time.

The question being "Shall SB 115 pass as amended?"

And the roll being called:

Yeas 28, Nays 3, Excused 4, Absent 0

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

Nays:
Hanson (Gary); Kooistra; Moore

Excused:
Apa; Kloucek; Koetzle; 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.

Sen. Gant now presiding.

SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of an agent to receive any legal process.

Was read the second time.

The question being "Shall SB 138 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Apa; Kloucek; 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.

President Pro Tempore Schoenbeck now presiding.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1011: FOR AN ACT ENTITLED, An Act to increase the funds that may be expended to construct a student wellness center at South Dakota State University.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; 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)

Nays:
Greenfield

Excused:
Apa; Kloucek; Two Bulls

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 1134: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding the justifiable use of force.

Was read the second time.

Sen. Knudson moved that HB 1134 be further amended as follows:

On page 2, line 6 of the Senate Judiciary Committee engrossed bill, delete " , and to the extent that, " .

On page 2 , line 10, delete " duty " and insert " right ".

Which motion prevailed.

The question being "Shall HB 1134 pass as amended?"

And the roll being called:

Yeas 30, Nays 1, Excused 4, Absent 0

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

Nays:
Hundstad

Excused:
Apa; Kloucek; Nesselhuf; 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 1178: FOR AN ACT ENTITLED, An Act to provide for the establishment of certain honorary trusts and of certain trusts for animals.

Was read the second time.

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

Yeas 16, Nays 16, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Dempster; Duniphan; Hanson (Gary); Hundstad; Knudson; Koetzle; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane)

Nays:
Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Kooistra; Koskan; Lintz; McCracken; McNenny; Schoenbeck; Smidt

Excused:
Apa; Kloucek; Two Bulls

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

Sen. Koetzle announced his intention to reconsider the vote by which HB 1178 lost.

Sen. Bogue moved that HB 1038, 1071, 1111, 1206, 1239, and 1243 be deferred to Monday, February 13, the 24^th legislative day.

Which motion prevailed.

Sen. Dan Sutton moved that the Senate do now adjourn, which motion prevailed and at 2:00 p.m. the Senate adjourned.

Patricia Adam, Secretary