Senate Journal 02/21/2006 2:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

TWENTY-NINTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 21, 2006

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

The prayer was offered by the Chaplain, Father Brian Christensen, followed by the Pledge of Allegiance led by Senate page Kerry Hagen.

Roll Call: All members present except Sen. Koetzle 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-eighth 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 appointment of Steven R. Doohen of Minnehaha County, Hartford, South Dakota, as the Assistant Adjutant General, Air.

The question being "Does the Senate advise and consent to the executive appointment of Steven R. Doohen pursuant to the executive message as found on page 545 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; 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:
Apa; Broderick; Koetzle

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 Keith W. Corbett of Brookings County, Brookings, South Dakota, as the Assistant Adjutant General, Army.

The question being "Does the Senate advise and consent to the executive appointment of Keith W. Corbett pursuant to the executive message as found on page 544 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; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Koetzle

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

The President announced Sens. Tom Hansen, Dan Sutton, and Schoenbeck 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 1072.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1079 and 1220 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 Education respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

1060ca

On page 1, line 7 of the printed bill, delete " ninety-nine " and insert " nineteen ".

On page 1 , line 13, delete " eighteen " and insert " three ".

On page 2 , line 2, overstrike " five " and insert " four ".

On page 2 , line 2, delete " twelve " and insert " seventy-six ".

On page 2 , line 8, delete " eighteen " and insert " three ".

On page 2 , delete lines 20 to 22 , inclusive.

1060cta

On page 1, line 1 of the printed bill, delete " and the " .

On page 1 , line 2, delete " special education tax levy " .

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

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1194 and 1234 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 6 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1058, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1058jc

On page 1, line 5 of the printed bill, delete " When the " .

On page 1 , delete line 6 .

On page 1 , line 7, delete " investigation. " .

On page 1 , line 7, remove the overstrikes from " ~~examination or~~ " .

On page 1 , line 9, remove the overstrikes from " ~~examined~~ " .

On page 1 , line 9, before " investigated " insert " or ".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1233 and returns the same with the recommendation that said bill be amended as follows:

1233fh

On page 2, line 7 of the House engrossed bill, after " materials " insert ", other than water,".

And that as so amended said bill do pass.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 28, 149, 155, 186, 194, and 208 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 90 and 118 were delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 21, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 58 which has 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 155, 186, and 194 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. McCracken moved that the Senate do concur in House amendments to SB 49.

The question being on Sen. McCracken's motion that the Senate do concur in House amendments to SB 49.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Koetzle

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. Schoenbeck moved that the Senate do concur in House amendments to SB 151.

The question being on Sen. Schoenbeck's motion that the Senate do concur in House amendments to SB 151.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Koetzle

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.

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

Sen. Kloucek moved that the Senate do now reconsider the vote by which HB 1110 lost.

The question being on Sen. Kloucek's motion to reconsider the vote by which HB 1110 lost.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Abdallah; Apa; Bartling; Duniphan; Greenfield; Hundstad; Kelly; Kloucek; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

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

Excused:
Koetzle

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

Sen. Greenfield moved that the Committee on Education be instructed to deliver HB 1194 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Earley moved that the Committee on State Affairs be instructed to deliver HB 1061 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported and the committee was so instructed.

Sen. Schoenbeck moved that the Senate Rules be amended by adding to Chapter 6 a section to read as follows:

"Any appointment to serve as an executive branch official or as a member of any board or commission or similar body requiring the approval of the Senate which has had a hearing and has been reported favorably out of committee may be placed upon the Consent Calendar by unanimous vote of committee and shall be considered in a manner consistent with Chapter 13 of the Joint Rules."

The question being on Sen. Schoenbeck's motion that the Senate Rules be amended by adding a section to Chapter 6 regarding Senate approval of appointments.

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Dempster; Earley; Gant; Gray; Hanson (Gary); Knudson; Koskan; Moore; Nesselhuf; Schoenbeck; Sutton (Dan)

Nays:
Apa; Bartling; Bogue; Broderick; Duenwald; Duniphan; Greenfield; Hansen (Tom); Hundstad; Kelly; Kloucek; Kooistra; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Smidt; Sutton (Duane); Two Bulls

Excused:
Koetzle

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

SCR 7 Introduced by: Senators Kloucek, Bartling, Greenfield, and Kooistra and Representatives Gassman, Fryslie, Glenski, Glover, Hargens, Hunhoff, Jensen, Kroger, Novstrup, Putnam, Sigdestad, and Thompson

A CONCURRENT RESOLUTION, Requesting the federal government to honor certain state meat inspections for meat entering interstate commerce.

WHEREAS, South Dakota's state meat inspection program has an excellent safety record indicating that the meat slaughtered and processed in South Dakota under state inspection is wholesome and safe for human consumption; and

WHEREAS, state meat inspection programs are flexible and can tailor their activities to provide services to small, local meat processors that cannot be duplicated by the federal inspection program because of its size and complexity and because of the lengthy time period needed for the federal bureaucracy to respond; and

WHEREAS, federal law prohibits products that are inspected solely by a state inspection program from entering interstate commerce and being sold across state lines, a situation that inhibits economic development and value-added agricultural activities in this nation's agricultural sector; and

WHEREAS, obtaining federal meat inspection can be a costly and time-consuming process for a small-scale, local processor or locker or for a small plant that produces "ethnic meat products" or other specialty products. Under current law, many of these small-scale operations operate under state inspection and, consequently, are not allowed to ship their products across state lines; and

WHEREAS, the current system results in a number of inconsistencies that are unfair to small-scale processors. For example, imported foreign meats are federally inspected, but under oversight that is less stringent than in state inspection programs, while other types of state- inspected specialty meats, such as ostrich, deer, and bison are allowed in interstate commerce even though they are not federally regulated; and

WHEREAS, the current meat inspection system is inequitable in many ways for small-scale, local meat processors and could be significantly improved and made more efficient by allowing state-inspected meat products to enter interstate commerce:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-first Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the United States Congress and the United States Department of Agriculture to revise federal policy and federal law to authorize state-inspected meat to enter interstate commerce, particularly in situations involving small-scale, local meat processors.

Was read the first time.

The committee referral was waived and SCR 7 was placed on the calendar of Wednesday, February 22, the 30^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1176 as found on page 549 of the Senate Journal ; also

Education on HB 1223 as found on page 548 of the Senate Journal ; also

Education on HB 1236 as found on page 549 of the Senate Journal ; also

Appropriations on HB 1020 as found on page 571 of the Senate Journal ; also

Judiciary on HB 1119 as found on page 582 of the Senate Journal ; also

Appropriations on HB 1143 as found on page 571 of the Senate Journal ; also

Judiciary on HB 1180 as found on page 583 of the Senate Journal ; also

State Affairs on HB 1215 as found on page 572 of the Senate Journal ; also

Taxation on HB 1232 as found on page 572 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Schoenbeck moved that the word "not" be stricken from the report of the Committee on Education on HB 1217 as found on page 549 of the Senate Journal and that the bill be placed on today's calendar.

The question being on Sen. Schoenbeck's motion that the word "not" be stricken from the report of the Committee on Education on HB 1217 and that the bill be placed on today's calendar.

And the roll being called:

Yeas 13, Nays 21, Excused 1, Absent 0

Yeas:
Apa; Duenwald; Earley; Gant; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McNenny; Napoli; Schoenbeck; Smidt

Nays:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duniphan; Gray; Hanson (Gary); Hundstad; Kloucek; Knudson; Kooistra; McCracken; Moore; Nesselhuf; Olson (Ed); Peterson (Jim); Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Koetzle

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Moore requested that HB 1129 be removed from the Consent Calendar.

HB 1016: FOR AN ACT ENTITLED, An Act to provide for the creation of a renewable electricity and recycled energy renewable energy credit system by the Public Utilities Commission.

Was read the second time.

The question being "Shall HB 1016 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Koetzle

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

Was read the second time.

The question being "Shall HB 1225 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Koetzle

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 1247: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to educational benefits for spouses of members of the South Dakota National Guard.

Was read the second time.

The question being "Shall HB 1247 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Koetzle

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

HB 1015: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to acquire an equestrian facility for South Dakota State University and to declare an emergency.

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

Sen. Smidt moved that HB 1015 be deferred to Wednesday, February 22, the 30^th legislative day.

Which motion prevailed.

Sen. Bogue moved that HB 1093, 1197, 1209, 1237, and 1241 be deferred to Wednesday, February 22, the 30^th legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1163 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Excused:
Abdallah; Koetzle

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 1235: FOR AN ACT ENTITLED, An Act to increase the compulsory attendance age for school attendance.

Was read the second time.

The question being "Shall HB 1235 pass as amended?"

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Adelstein; Bogue; Dempster; Earley; Gant; Gray; Knudson; McCracken; Nesselhuf; Olson (Ed); Smidt

Nays:
Abdallah; Apa; Bartling; Broderick; Duenwald; Duniphan; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Kooistra; Koskan; Lintz; McNenny; Moore; Napoli; Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls

Excused:
Koetzle

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

HB 1013: FOR AN ACT ENTITLED, An Act to make an appropriation to the Board of Regents for the construction, remodeling, or renovation of various structures or facilities on the campuses of the state's universities to provide additional support for women's athletic programs in furtherance of the policies and objectives of Title IX of the Education Act Amendments of 1972.

Was read the second time.

The question being "Shall HB 1013 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Greenfield; Napoli

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

Was read the second time.

Sen. Bogue moved that HB 1081, 1098, 1154, 1167, and 1181 be deferred to Wednesday, February 22, the 30^th legislative day.

Which motion prevailed.

President Pro Tempore Schoenbeck announced a change in the Senate Conference Committee on SB 148. The committee should now be Sens. Abdallah, Broderick, and Moore.

President Pro Tempore Schoenbeck announced a change in the Senate Conference Committee on SB 207. The committee should now be Sens. Abdallah, Kelly, and Dan Sutton.

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

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 89 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1067, 1084, 1177, 1206, and 1212.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Cutler, O'Brien, and Gillespie 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 on SB 148.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 28: FOR AN ACT ENTITLED, An Act to revise and correct certain provisions related to the criminal code revision of 2005.

SB 149: FOR AN ACT ENTITLED, An Act to create community safety zones, to prohibit certain persons from residing or loitering in community safety zones, and to provide penalties for violations thereof.

SB 155: FOR AN ACT ENTITLED, An Act to permit salespersons and broker associates within the same firm to form a business corporation or limited liability company under certain conditions.

SB 186: FOR AN ACT ENTITLED, An Act to classify the production of certain upland game birds as an agricultural pursuit.

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

SB 208: FOR AN ACT ENTITLED, An Act to establish and enhance criminal penalties regarding certain sex offenders.

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the composition of livestock brands and to declare an emergency.

HB 1040: FOR AN ACT ENTITLED, An Act to revise the minimum monthly fee charged for care at the Human Services Center.

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the disposition of confiscated weapons and firearms.

HB 1082: FOR AN ACT ENTITLED, An Act to provide for uniform jurisdiction in the regulation of certain seed, commercial fertilizer, commercial feed, animal remedies, and pesticide.

HB 1111: FOR AN ACT ENTITLED, An Act to require certain third party administrators to provide reports of claims experience upon request.

HB 1112: FOR AN ACT ENTITLED, An Act to exempt certain real property owned by local industrial development corporations from property taxation.

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

HB 1186: FOR AN ACT ENTITLED, An Act to provide a procedure for implementing the standard visitation guidelines.

And signed the same in the presence of the Senate.

Sen. Duenwald moved that the Senate do now adjourn, which motion prevailed and at 3:38 p.m. the Senate adjourned.

Patricia Adam, Secretary