JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 18, 2007

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

     The prayer was offered by the Chaplain, Reverend John Tarrant, followed by the Pledge of Allegiance led by Senate page Elizabeth Dougherty.

     Roll Call: All members present except Sen. Apa 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 sixth 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 Education respectfully reports that it has had under consideration SB  67 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 11 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  44 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  39, 45, and 46 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Royal "Mac" McCracken, Chair

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1003, 1007, 1042, 1043, 1049, and 1055 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Ed Olson moved that, pursuant to Senate Rule 8-1, a select committee on discipline and expulsion be established to investigate the conduct of Sen. Dan Sutton.

     The question being on Sen. Olson's motion that, pursuant to Senate Rule 8-1, a select committee on discipline and expulsion be established to investigate the conduct of Sen. Dan Sutton.

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

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

     Nays:
Jerstad; Katus; Kloucek; Koetzle; Nesselhuf; Two Bulls

     Excused:
Apa; Sutton

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

     The President announced as such committee Sens. Knudson, Chairman, Heidepriem, Vice Chairman, Abdallah, Gray, Hanson (Gary), McNenny, Nesselhuf, Olson (Ed), and Turbak.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 19, the 8th legislative day.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 80   Introduced by:  Senators McCracken, Albers, Apa, Gant, Gray, Hansen (Tom), Maher, Napoli, Peterson (Jim), and Smidt and Representatives Rounds, Carson, Krebs, Lust, Moore, Novstrup (Al), Pederson (Gordon), Peters, Rave, Street, Tidemann, and Weems

       FOR AN ACT ENTITLED, An Act to   increase the fees permitted to recover reasonable costs and expenses on dishonored checks.

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

     SB 81   Introduced by:  Senators McNenny, Abdallah, Apa, Garnos, Greenfield, Hansen (Tom), Hanson (Gary), Hunhoff, Kloucek, McCracken, Napoli, Schmidt, and Sutton and Representatives Rhoden, Faehn, Gillespie, Halverson, Hargens, Nelson, Noem, Rave, and Rounds

       FOR AN ACT ENTITLED, An Act to   remove the reference to party affiliations for independent candidates on the certificate of nomination and the ballot.

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

     SB 82   Introduced by:  Senators Dempster, Albers, Gray, Hanson (Gary), Heidepriem, Hunhoff, and McCracken and Representatives Hargens, Gillespie, Howie, Moore, Rave, Rhoden, and Rounds

       FOR AN ACT ENTITLED, An Act to   revise certain fees charged by sheriffs.

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

     SB 83   Introduced by:  Senators Napoli, Apa, Bartling, Dempster, Garnos, Gray, Hanson (Gary), Heidepriem, Knudson, Lintz, Peterson (Jim), and Smidt and Representatives Hanks, Brunner, Gillespie, Hargens, Haverly, Krebs, Novstrup (Al), Olson (Betty), Rausch, and Van Etten

       FOR AN ACT ENTITLED, An Act to   revise the eligibility qualifications for an assessment freeze of single-family dwellings.

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

     SB 84   Introduced by:  Senators Hansen (Tom), McNenny, and Peterson (Jim) and Representatives Dennert, Elliott, Hargens, Juhnke, Lust, Sigdestad, and Turbiville

       FOR AN ACT ENTITLED, An Act to   establish the special invasive weed and pest management fund and to increase the pesticide registration fee.

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

     SB 85   Introduced by:  Senators Knudson and Heidepriem and Representatives Lust, Cutler, Elliott, Engels, Feinstein, and Hanks

       FOR AN ACT ENTITLED, An Act to   revise the uniform commercial code.

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

     SB 86   Introduced by:  Senators Gant and Apa and Representatives Peters, Buckingham, Gillespie, and Moore

       FOR AN ACT ENTITLED, An Act to   require the Bureau of Finance and Management to designate pay periods for state payroll systems.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1003:   FOR AN ACT ENTITLED, An Act to   clarify, repeal, update, and make style and form changes to certain statutes related to military and veterans affairs.

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

     HB 1007:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning election deadlines and time frames.

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

     HB 1042:   FOR AN ACT ENTITLED, An Act to   revise the definition of bundling for sales and use tax purposes.

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

     HB 1043:   FOR AN ACT ENTITLED, An Act to   revise certain dates pertaining to references to the Internal Revenue Code.

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

     HB 1049:   FOR AN ACT ENTITLED, An Act to   clarify the definition of purchase price for taxation purposes.

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

     HB 1055:   FOR AN ACT ENTITLED, An Act to   revise the time period for sellers to obtain an exemption certificate for certain taxes.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 13:   FOR AN ACT ENTITLED, An Act to   update certain provisions pertaining to motor carrier safety and transportation of hazardous materials.

     Was read the second time.

     The question being "Shall SB 13 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

     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 20:   FOR AN ACT ENTITLED, An Act to   require a bachelor's degree for persons applying for a chiropractic license.

     Was read the second time.

     The question being "Shall SB 20 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Greenfield; Napoli; Schmidt

     Excused:
Apa

     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 63:   FOR AN ACT ENTITLED, An Act to   impose a child support collection fee.

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

     The question being "Shall SB 63 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Duenwald; Gant; Greenfield; Napoli


     Excused:
Apa

     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 6:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the election procedures for political parties.

     Was read the second time.

     The question being "Shall SB 6 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Apa

     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. Garnos moved that the Senate do now adjourn, which motion prevailed and at 2:58 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

JOINT MEMORIAL SERVICE

    Pursuant to the report of the Joint-Select Committee as found on page 45 of the Senate Journal, the House of Representatives and the Senate met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of three former members of the South Dakota Legislature, namely: the Honorable

Elmer E. Flatt, the Honorable James D. Jelbert, and the Honorable Robert J. Knutson, Jr.; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-second Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the Journals of the Senate and the House of Representatives of the Eighty-second Session of the Legislature of the State of South Dakota, now assembled this 18th day of January, 2007, at Pierre, South Dakota.