Senate Journal 02/17/2006 1:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 17, 2006

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

The prayer was offered by the Chaplain, Pastor Mike Bishop, followed by the Pledge of Allegiance led by Senate page Kyle Roth.

Roll Call: All members present except Sen. Olson 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 twenty-seventh 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.

COMMUNICATIONS AND PETITIONS

February 17, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 15, 2006, I approved Senate Bills 24, 32, 33, 34, 38, 40, 71, 77, 78, 97, 101, 119, 146, and 183, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 17, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 16, 2006, I approved Senate Bills 2, 11, 12, 15, 56, 91, 95, 107, 109, 182, and 185, 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 Government Operations and Audit respectfully reports that it has had under consideration HB 1225 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1013, 1237, and 1241 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 HB 1020 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4 of the printed bill, delete " balance " and insert "funds in the amount of seven million two hundred thousand ($7,200,000), or so much thereof as may be available,".

On the previous amendment (1020zb), after "thousand" insert "dollars".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill be amended as follows:

On page 1, between lines 14 and 15 of the printed bill, insert:

"Section 4. No general fund dollars may be used for the maintenance and repair or lease payments of the facility authorized by this Act."

On page 1, line 13 of the printed bill, after " source " insert "except general funds".

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 HB 1081, 1098, 1154, and 1167 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1129 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 HB 1232 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the House Taxation Committee engrossed bill, remove the overstrikes from " ~~annually~~ " .

And that as so amended 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 HB 1128 and tabled the same.

Respectfully submitted,
Dave Knudson, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1016 and 1247 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 State Affairs respectfully reports that it has had under consideration HB 1215 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 3 of the printed bill, after " prohibited. " insert "Moreover, the Legislature finds that the guarantee of due process of law under the Constitution of South Dakota applies equally to born and unborn human beings, and that under the Constitution of South Dakota, a pregnant mother and her unborn child, each possess a natural and inalienable right to life."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Steven R. Doohen of Minnehaha County, Hartford, South Dakota, as the Assistant Adjutant General, Air and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Keith W. Corbett of Brookings County, Brookings, South Dakota, as the Assistant Adjutant General, Army and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Eric H. Bogue, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 5, 6, 7, 8, 9, 14, 47, 59, 64, 66, 122, and 152 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 20, 21, 22, 23, 26, 37, 39, 45, 46, 48, 51, 52, 60, 65, 67, 88, 92, 133, 150, 179, 189, 203, 204, and 205 were delivered to his Excellency, the Governor, for his approval at 9:30 a.m., February 17, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 5 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 49 and 151 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 5, 6, 7, 8, 9, 14, 47, 59, 64, 66, 122, and 152 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Abdallah moved that the Senate do concur in House amendments to SB 28.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 28.

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; Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Olson (Ed)

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

Sen. Abdallah moved that the Senate do not concur in House amendments to SB 148 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Abdallah, Gray, and Koetzle.

Sen. Abdallah moved that the Senate do concur in House amendments to SB 149.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 149.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

Sen. Abdallah moved that the Senate do concur in House amendments to SB 208.

The question being on Sen. Abdallah's motion that the Senate do concur in House amendments to SB 208.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

HCR 1007: A CONCURRENT RESOLUTION, Honoring all who came to the aid of South Dakotans who experienced a continuous severe winter storm with heavy snow, freezing rain, and high winds November 27 through November 29, 2005.

Was read the second time

Sen. Duane Sutton moved that the Senate do concur in HCR 1007 as found on page 560 of the House Journal.

The question being on Sen. Sutton's motion that the Senate do concur in HCR 1007.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. McNenny moved that the report of the Conference Committee on HB 1006 as found on page 551 of the Senate Journal be adopted.

The question being on Sen. McNenny's motion that the report of the Conference Committee on HB 1006 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Bogue moved that consideration of the Report of the Committee on Education on HB 1176, 1217, 1223, and 1236 be deferred to Tuesday, February 21, the 29^th legislative day.

Which motion prevailed.

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

Agriculture and Natural Resources on HB 1181 as found on page 545 of the Senate Journal ; also

Commerce on HB 1197 as found on page 561 of the Senate Journal ; also

Commerce on HB 1209 as found on page 561 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning business improvement districts.

Was read the second time.

The question being "Shall HB 1174 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding directed trusts to include custodial accounts.

Was read the second time.

The question being "Shall HB 1185 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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 HB 1015, 1093, 1163, and 1235 be deferred to Tuesday, February 21, the 29^th legislative day.

Which motion prevailed.

HB 1110: FOR AN ACT ENTITLED, An Act to provide compensation to certain retailers for collecting and remitting the sales tax.

Was read the second time.

The question being "Shall HB 1110 pass as amended?"

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Abdallah; Apa; Bartling; Duniphan; Greenfield; Hanson (Gary); Hundstad; Kelly; Kloucek; Koetzle; Napoli; Nesselhuf; Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

Nays:
Adelstein; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom); Knudson; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Schoenbeck; Smidt

Excused:
Olson (Ed)

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

Sen. Kloucek announced his intention to reconsider the vote by which HB 1110 lost.

HB 1153: FOR AN ACT ENTITLED, An Act to revise the definition of a prohibited sexual act.

Was read the second time.

The question being "Shall HB 1153 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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

Was read the second time.

The question being "Shall HB 1164 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Olson (Ed)

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 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 second time.

Sen. Kloucek moved that HB 1182 be deferred to Tuesday, February 21, the 29^th legislative day.

Which motion lost.

The question being "Shall HB 1182 pass?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Hanson (Gary); Koetzle; Moore

Excused:
McNenny; Olson (Ed)

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 1199: FOR AN ACT ENTITLED, An Act to prohibit the release of information concerning the applicants and holders of permits to carry a concealed pistol.

Was read the second time.

The question being "Shall HB 1199 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Knudson; Kooistra

Excused:
Dempster; Olson (Ed)

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 1218: FOR AN ACT ENTITLED, An Act to establish a task force to study education for divorcing parents and visitation and custody matters.

Was read the second time.

The question being "Shall HB 1218 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Apa; Duenwald; Earley; Greenfield; Hansen (Tom)

Excused:
Olson (Ed)

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. 5.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill be amended as follows:

On page 4, line 3 of the House engrossed bill, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. "

On page 5 , line 7, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. "

On page 5 , line 24, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. "

On page 8 , line 5, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. "

On page 8 , line 16, after " later. " insert " In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation. "

On page 4, line 3 of the House engrossed bill, delete " incarceration to parole supervision " and insert " imprisonment ".

On page 5 , line 7, delete " incarceration to parole supervision " and insert " imprisonment ".

On page 5 , line 23, delete " incarceration to parole " and insert " imprisonment ".

On page 5 , line 24, delete " supervision " .

On page 8 , line 5, delete " incarceration to parole supervision " and insert " imprisonment ".

On page 8 , line 16, delete " incarceration to parole supervision " and insert " imprisonment ".

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 1180 and returns the same with the recommendation that said bill be amended as follows:

On page 1, between lines 3 and 4 of the House engrossed bill, insert:

"Section 1. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

It is a Class 1 misdemeanor for any parent, guardian, or custodian as defined in § 26-7A-1 to willfully deprive a child of necessary food, clothing, shelter, medical care, or supervision appropriate to the child's age, if the parent or guardian is reasonably able to make the necessary provision and if the deprivation harms or endangers the child. However, if the deprivation results in serious bodily injury the violation is a Class 6 felony."

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 1203 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1006.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1149.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1072 and has appointed Reps. Kraus, Hunhoff, and Miles 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

SIGNING OF BILLS

The President publicly read the title to

SB 5: FOR AN ACT ENTITLED, An Act to adjust certain participation standards for the South Dakota special pay retirement program.

SB 6: FOR AN ACT ENTITLED, An Act to define certain terms related to the South Dakota Retirement System.

SB 7: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the level income payment option within the South Dakota Retirement System.

SB 8: FOR AN ACT ENTITLED, An Act to establish to whom the South Dakota Retirement System may make benefit payments on behalf of minors.

SB 9: FOR AN ACT ENTITLED, An Act to revise certain beneficiary provisions of the South Dakota Retirement System.

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

SB 47: FOR AN ACT ENTITLED, An Act to allow health maintenance organizations to rate employer sponsored plans without prior approval.

SB 59: FOR AN ACT ENTITLED, An Act to provide for the use of chemist's affidavits in certain parole, probation, and contested case proceedings.

SB 64: FOR AN ACT ENTITLED, An Act to repeal certain outdated statutorily created funds.

SB 66: FOR AN ACT ENTITLED, An Act to exempt water distribution system routes from certain restrictions related to the acquisition of property or property rights.

SB 122: FOR AN ACT ENTITLED, An Act to exempt certain breeding stock animals, products, and facilities from certain corporate farming restrictions.

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.

HB 1027: FOR AN ACT ENTITLED, An Act to change the unemployment insurance wage base and contribution rates and to assess interest on negative employer accounts under certain circumstances.

HB 1103: FOR AN ACT ENTITLED, An Act to appropriate money to postsecondary technical institutes for the maintenance and repair of buildings.

HB 1157: FOR AN ACT ENTITLED, An Act to extend opportunity scholarship eligibility to South Dakota students who attend college or technical school out-of-state and then return to South Dakota to attend school.

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

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

HB 1224: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prior approval of premium rates for certain health benefit plans.

And signed the same in the presence of the Senate.

Sen. Dempster moved that the Senate do now adjourn, which motion prevailed and at 2:24 p.m. the Senate adjourned.

Patricia Adam, Secretary