Senate Journal 02/24/2006 8:45 AM

JOURNAL OF THE SENATE

EIGHTY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 24, 2006

The Senate convened at 8:45 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Jonathan Jensen, followed by the Pledge of Allegiance led by Senate page Victoria Cuka.

Roll Call: All members present except Sens. Smidt and Duane Sutton 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 thirty-first 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.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 57 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 1, 19, 44, 73, 81, 98, 100, 130, 143, 153, 154, 157, 168, 198, and 202 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 83, 99, 159, and 165 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1009: A CONCURRENT RESOLUTION, Urging Congress to restore funding for the Urban Indian Health Program.

Was read the first time.

The committee referral was waived and HCR 1009 will be placed on the next Senate calendar.

Sen. Knudson moved that the Senate do concur in House amendments to SB 69.

The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 69.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Bartling; Gant; Smidt; Sutton (Duane)

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

Sen. Bogue moved that the Senate do now recess until 9:30 a.m., which motion prevailed and at 9:05 a.m., the Senate recessed.

RECESS

The Senate reconvened at 9:30 a.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 24, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 17, 2006, I approved Senate Bills 150 and 203, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 24, 2006

Mr. President and Members of the Senate:

I have the honor to inform you that on February 23, 2006, I approved Senate Bills 149, 194, and 208, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

There being no objection, the Senate proceeded to Order of Business No. 5.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 83, 99, 159, and 165 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 10, 49, 58, 62, 63, 68, 87, 108, 138, 151, 166, 172, 180, 200, 201, and 207 were delivered to his Excellency, the Governor, for his approval at 9:20 a.m., February 24, 2006.

Respectfully submitted,
Lee Schoenbeck, Chair

MOTIONS AND RESOLUTIONS

Sen. Gant moved that the Senate do concur in House amendments to SB 142.

The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 142.

And the roll being called:

Yeas 26, Nays 3, Excused 6, Absent 0

Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Dempster; Duenwald; Duniphan; Earley; Gant; Hansen (Tom); Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Koskan; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Nays:
Gray; Greenfield; Nesselhuf

Excused:
Broderick; Kelly; Lintz; Moore; Smidt; Sutton (Duane)

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. Kooistra moved that the Senate do not concur in House amendments to SB 184 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. Kooistra, Koetzle, and Smidt.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Tom Hansen moved that the report of the Conference Committee on HB 1072 as found on page 646 of the Senate Journal be adopted.

The question being on Sen. Hansen's motion that the report of the Conference Committee on HB 1072 be adopted.

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Broderick; Gray; Moore; Smidt; Sutton (Duane)

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.

Sen. Bogue moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:25 a.m., the Senate recessed.

RECESS

The Senate reconvened at 1:00 p.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 69 and 142 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

MOTIONS AND RESOLUTIONS

HCR 1009: A CONCURRENT RESOLUTION, Urging Congress to restore funding for the Urban Indian Health Program.

Was read the second time.

Sen. Two Bulls moved that the Senate do concur in HCR 1009 as found on page 675 of the House Journal.

The question being on Sen. Two Bulls' motion that the Senate do concur in HCR 1009.

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Apa; Earley; Kelly

Excused:
Abdallah; Smidt; Sutton (Duane)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in.

Sen. Schoenbeck moved that the Senate do concur in House amendments to SB 1.

The question being on Sen. Schoenbeck's motion that the Senate do concur in House amendments to SB 1.

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koskan; McCracken; McNenny; Peterson (Jim); Schoenbeck; Sutton (Dan)

Nays:
Apa; Greenfield; Koetzle; Kooistra; Lintz; Moore; Napoli; Nesselhuf; Olson (Ed); Two Bulls

Excused:
Smidt; Sutton (Duane)

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. Apa moved that the Senate do concur in House amendments to SB 19.

The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 19.

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; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Two Bulls

Excused:
Smidt; Sutton (Duane)

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. Ed Olson moved that the Senate do concur in House amendments to SB 73.

The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 73.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Smidt; Sutton (Duane)

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. Knudson moved that the Senate do concur in House amendments to SB 81.

The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 81.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Smidt; Sutton (Duane)

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. Moore moved that the Senate do not concur in House amendments to SB 98 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. Moore, Gray, and Tom Hansen.

Sen. Apa moved that the Senate do concur in House amendments to SB 100.

The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 100.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Smidt; Sutton (Duane)

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

Sen. Dempster moved that the Senate do concur in House amendments to SB 130.

The question being on Sen. Dempster's motion that the Senate do concur in House amendments to SB 130.

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

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

Nays:
Apa; Napoli

Excused:
Greenfield; Smidt; Sutton (Duane)

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.

SENATE PAGE RESOLUTION 4 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 Victoria Cuka, Kelsye Gould, Kerry Hagen, Sydney Jones, Isabelle Lankhorst, Aaron Lorenzen, Katie Manning, Natalie Nagle, Jennifer Pogany, Kyle Roth, and Tiffany Trask.

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 4 be adopted.

The question being on Sen. Bogue's motion that Senate Page Resolution 4 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Smidt; Sutton (Duane)

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

There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE

The Conference Committee respectfully reports that it has considered SB 148 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 148 be amended as follows:

On page 3, line 19 of the House Judiciary Committee engrossed bill, delete " or release from probation " .

Respectfully submitted,                             Respectfully submitted,
Joni M. Cutler                                    Gene G. Abdallah
House Committee Chair                            Senate Committee Chair

MOTIONS AND RESOLUTIONS

Sen. Earley moved that the Senate do not concur in House amendments to SB 153 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. Earley, Apa, and Dan Sutton.

Sen. Earley moved that the Senate do concur in House amendments to SB 154.

The question being on Sen. Earley's motion that the Senate do concur in House amendments to SB 154.

And the roll being called:

Yeas 29, Nays 2, Excused 4, Absent 0

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

Nays:
Adelstein; Knudson

Excused:
Abdallah; Koetzle; Smidt; Sutton (Duane)

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

Sen. Tom Hansen moved that the Senate do concur in House amendments to SB 157.

The question being on Sen. Hansen's motion that the Senate do concur in House amendments to SB 157.

And the roll being called:

Yeas 30, Nays 1, Excused 4, Absent 0

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

Nays:
Bartling

Excused:
Abdallah; Greenfield; Smidt; Sutton (Duane)

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. Ed Olson moved that the Senate do not concur in House amendments to SB 198 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. Schoenbeck, Bogue, and Moore.

Sen. Apa moved that the Senate do concur in House amendments to SB 202.

The question being on Sen. Apa's motion that the Senate do concur in House amendments to SB 202.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Smidt; Sutton (Duane)

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

Sen. Bogue moved that when we adjourn today, we adjourn to convene at 8:30 a.m. on Monday, February 27, the 33rd legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 12 Introduced by: The Members of the Eighty-First Legislative Session

A LEGISLATIVE COMMEMORATION, Commending and honoring Leah Nixon for receiving the Prudential Spirit of Community Award for being one of the top volunteers in South Dakota.

WHEREAS, Leah Nixon, an esteemed resident of Rapid City and a student at St. Thomas More High School, has achieved national recognition for exemplary volunteer service by receiving a 2006 Prudential Spirit of Community Award; and

WHEREAS, Leah Nixon has received this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, which honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Leah Nixon earned this award by giving generously of her time and energy to her community, by co-founding the Ladybug Ladies campaign which raised over $100,000 for the Black Hills Area Habitat for Humanity, designing the campaign website, writing fund- raising letters, organizing fund-raising events, and ultimately helping to provide a home for six families in the Rapid City area; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Leah Nixon who use their talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Leah Nixon hereby be commended and honored as a recipient of the Prudential Spirit of Community Award, and for her outstanding record of volunteer service, peer leadership, and community spirit.

SC 13 Introduced by: The Members of the Eighty-First Legislative Session

A LEGISLATIVE COMMEMORATION, Commending and honoring Abbey Merchen for receiving the Prudential Spirit of Community Award for being one of the top volunteers in South Dakota.

WHEREAS, Abbey Merchen, an esteemed resident of Spearfish and a student at Spearfish Middle School, has achieved national recognition for exemplary volunteer service by receiving a 2006 Prudential Spirit of Community Award; and

WHEREAS, Abbey Merchen has received this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, which honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Abbey Merchen earned this award by giving generously of her time and energy to her community by devoting herself to the care and rehabilitation of abused, injured, and orphaned wildlife, providing them food, shelter, and support, serving her fellow volunteers, and educating the public by giving guided tours at the Spirit of the Hills Wildlife Sanctuary in Spearfish; and

WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Abbey Merchen who use their talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-first Legislature of the State of South Dakota, that Abbey Merchen hereby be commended and honored as a recipient of the Prudential Spirit of Community Award, and for her outstanding record of volunteer service, peer leadership, and community spirit.

SIGNING OF BILLS

The President publicly read the title to

SB 69: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to insurable interests and to declare an emergency.

SB 83: FOR AN ACT ENTITLED, An Act to increase the length of time for which nationally certified teachers may receive stipends.

SB 99: FOR AN ACT ENTITLED, An Act to establish a task force to study sexual assault and to provide for its composition, scope, and administration.

SB 142: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study open government issues in South Dakota.

SB 159: FOR AN ACT ENTITLED, An Act to prohibit certain civil penalties on dishonored checks and to revise the duties of the state's attorneys with respect thereto.

SB 165: FOR AN ACT ENTITLED, An Act to appropriate money to the South Dakota Energy Infrastructure Authority and declare an emergency.

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.

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

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.

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.

HB 1237: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly and disabled persons and to revise the income eligibility requirements for property tax and sales tax refunds.

HB 1241: FOR AN ACT ENTITLED, An Act to reappropriate certain moneys to fund sales tax on food refunds.

And signed the same in the presence of the Senate.

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

Patricia Adam, Secretary