JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



FOURTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 12, 2007

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

     The prayer was offered by the Chaplain, Pastor Michele Bradley, followed by the Pledge of Allegiance led by Senate page Sydney Shaefer.

     Roll Call: All members present except Sens. Duenwald, Hundstad, Koetzle, and Nesselhuf 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 third 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,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 41 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 40 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  58 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill be amended as follows:

22fa
     On page 2, line 3 of the printed bill, delete everything after " . " .

     On page 2 , delete line 4 .

     On page 2 , line 5, delete everything before " A " .

     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 Barbara Christianson of Pennington County, Rapid City, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kory Menken of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Virginia Nelson of Pennington County, Rapid City, South Dakota, to the South Dakota Lottery Commission 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 Duane Schmautz of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dick Werner of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dennis Haan of Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Joe Lien of Lawrence County, Spearfish, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 49 and 66 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 61 and 62 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 SB 50 and returns the same with the recommendation that said bill be amended as follows:

50oa
     On page 1, line 15 of the printed bill, delete " all occurring on or after July 1, 1996, " .

     On page 1 , line 16, after " to " insert " §  24-15-24, ".

     On page 2 , line 1, after " 15A-29 " insert " , ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 63 and returns the same with the recommendation that said bill be amended as follows:

63ra
     On page 1, line 5 of the printed bill, delete " Beginning January 1, 2008, the " and insert "The".
     On page 1 , line 6, delete " calendar " and insert "state fiscal".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 51 and tabled the same.

Respectfully submitted,
Gene G. Abdallah, Chair

REPORT OF JOINT-SELECT COMMITTEE


MR. PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Eighty-first Legislative Session be adopted as the joint rules of the Eighty-second Legislative Session with the following changes:

    1-11.   Discipline of disorderly member. Either house may punish its members for disorderly behavior and, with concurrence of two-thirds of all members elected, expel a member. The reason for such expulsion shall be entered on the journal with the names of the members voting on the question.

    1A-11...Disciplinary committee regarding misconduct. Either upon written motion from the floor or a written complaint of disorderly conduct of any member during any official legislative proceeding filed with the speaker or the president pro tempore by any two members and made within two legislative days following the alleged misconduct, the speaker or president pro tempore may appoint a disciplinary committee for purposes of receiving testimony and evidence regarding the alleged misconduct. The committee, which shall consist of six members, three from each party shall report its findings and recommendations to the body within three legislative days following the appointment of the committee. The committee may dismiss the complaint or in addition to, or in lieu of, expulsion under Joint Rule 1-11, recommend appropriate sanctions, including but not limited to, restricting or withholding a member's speaking privileges on the floor for a reasonable period of time, direct that an apology be made to the body, issue an oral or written reprimand, or issue such other punishment as the committee deems appropriate. The committee report setting forth such recommendation may not be amended but shall be subject to the approval of a majority vote of the members-elect.

    13-2.   Consent calendar placement, objections. Any bill or resolution certified by the committee chair as an uncontested bill or resolution shall be placed by the secretary of the Senate or the chief clerk of the House of Representatives, on the consent calendar, upon

an affirmative vote therefor of all the members present of the committee reporting the bill or resolution to its respective house. Upon objection of any member to the placement or retention of any bill or resolution on the consent calendar, the bill or resolution shall be removed from the consent calendar and may be placed on the house calendar for second reading on the following legislative day. No consent calendar bill or resolution may be considered for adoption until the legislative day following the day of its placement on the consent calendar.

    The joint rules and the rules of the Senate and House shall be printed in the Senate Journal.

Respectfully submitted,            Respectfully submitted,
Thomas Deadrick            Bob Gray
Larry Rhoden        Dave Knudson
Dale Hargens        Scott Heidepriem
House Committee        Senate Committee

MOTIONS AND RESOLUTIONS


     Sen. Gant moved that SB 7 be referred from the Committee on Agriculture and Natural Resources to the Committee on Government Operations and Audit.

     Which motion prevailed.

     Sen. Gant moved that SB 19 be referred from the Committee on Health and Human Services to the Committee on Government Operations and Audit.

     Which motion prevailed.

     Sen. Gant moved that SB 14 be referred from the Committee on Commerce to the Committee on Government Operations and Audit.

     Which motion prevailed.

CONSIDERATION OF REPORT OF COMMITTEE


     Sen. Knudson moved that the report of the Standing Committee on

     Education on SB 33 as found on page 58 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 71   Introduced by:  Senator Gant and Representatives Peters, Buckingham, and Moore at the request of the Interim Committee on Government Operations & Audit

       FOR AN ACT ENTITLED, An Act to   repeal certain statutes and references regarding obsolete accounting funds.

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

     SB 72   Introduced by:  Senators Napoli, Abdallah, Duenwald, Gant, Garnos, Hanson (Gary), Katus, Kloucek, Knudson, McCracken, Schmidt, and Sutton and Representatives Hackl, Engels, Hanks, Haverly, Hills, Kirkeby, Krebs, McLaughlin, Pederson (Gordon), and Peters

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the liens on vehicles for the costs of removal and storage of the vehicles.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 26:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the Advanced Reading Enhancement Program.

     Was read the second time.

     The question being "Shall SB 26 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Duenwald; Hundstad; Koetzle; Nesselhuf

     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 27:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the Office of Educational Technology.

     Was read the second time.

     The question being "Shall SB 27 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Duenwald; Hundstad; Koetzle; Nesselhuf

     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 29:   FOR AN ACT ENTITLED, An Act to   repeal the requirement to report the names of students who are deaf, blind, or visually impaired.

     Was read the second time.

     The question being "Shall SB 29 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Duenwald; Hundstad; Koetzle; Nesselhuf

     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


     SB 28:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the mileage allowance for transportation of children in need of special education or services.

     Was read the second time.

     The question being "Shall SB 28 pass?"

     And the roll being called:

     Yeas 31, Nays 0, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Excused:
Duenwald; Hundstad; Koetzle; Nesselhuf

     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 32:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the distribution of funds to sparse school districts.

     Was read the second time.

32ra

     Sen. Knudson moved that SB 32 be amended as follows:

     On page 3, after line 5 of the printed bill, insert:

    "Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


     Which motion prevailed.

     The question being "Shall SB 32 pass as amended?"

     And the roll being called:


     Yeas 30, Nays 1, Excused 4, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Katus; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Sutton; Turbak; Two Bulls

     Nays:
Kloucek

     Excused:
Duenwald; Hundstad; Koetzle; Nesselhuf

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

     The question being on the title.

     Sen. Knudson moved that the title to SB 32 be amended as follows:

     On page 1, line 2 of the printed bill, after " districts " insert ", and to declare an emergency".

     Which motion prevailed and the title was so amended.

MOTIONS AND RESOLUTIONS


     Sen. Knudson moved that SB 34 be deferred to Tuesday, January 16, the 5th legislative day.

     Which motion prevailed.

     Sen. Apa moved that the Senate do now adjourn, which motion prevailed and at 1:26 p.m. the Senate adjourned.

Trudy Evenstad, Secretary