JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  




EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 19, 2007

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

     The prayer was offered by the Chaplain, Father George Parmeter, followed by the Pledge of Allegiance led by Senate page Sidney Shaefer.

     Roll Call: All members present except Sens. Duenwald, Greenfield, and 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 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,
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 40 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 30, 31, and 55 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 SB 53 and returns the same with the recommendation that said bill be amended as follows:

53ua
     On page 2 of the printed bill, delete lines 3 to 5 , inclusive.

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill be amended as follows:

57ab
     On page 2, after line 7 of the printed bill, insert:

    "Section 5. No general fund dollars may be used for the maintenance and repair of the facilities authorized by this Act."


     And that as so amended said bill do pass.

Respectfully submitted,
Jerry Apa, Chair


MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1006, 1044, 1045, 1046, 1047, 1057, and 1081 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS



    SENATE PAGE RESOLUTION 1 Introduced by: Senators Abdallah; Albers; Apa; 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, Dennis; Smidt, Orville; Sutton; Turbak; Two Bulls

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-second Legislature of the State of South Dakota to Angie Bushong, Elizabeth Dougherty, Sydney, Shaefer, Maggie Stern, and Kelley Sternhagen.

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-second Legislative Session; and

    WHEREAS, the members of the Eighty-second 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-second 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. Knudson moved that Senate Page Resolution 1 be adopted.

     The question being on Sen. Knudson's motion that Senate Page Resolution 1 be adopted.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0


     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; 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; Turbak; Two Bulls

     Excused:
Duenwald; Greenfield; Sutton

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 87   Introduced by:  Senators Gant, Garnos, Hansen (Tom), Hauge, Nesselhuf, and Smidt and Representatives Hackl, Brunner, Buckingham, Deadrick, Juhnke, Peters, and Willadsen

       FOR AN ACT ENTITLED, An Act to   permit school district boards to consist of a combination of members who are elected at large and by member representation areas.

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

     SB 88   Introduced by:  Senators McCracken, Heidepriem, Jerstad, and Knudson and Representatives Lust, Cutler, and Engels

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Child Abduction Prevention Act.

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

     SB 89   Introduced by:  Senators Knudson and Heidepriem and Representatives Lust, Cutler, and Engels

       FOR AN ACT ENTITLED, An Act to   adopt the Uniform Prudent Management of Institutional Funds Act.

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

     SB 90   Introduced by:  Senators Heidepriem and Knudson and Representatives Lust, Ahlers, Cutler, Engels, Feinstein, Hanks, Haverly, and Pitts

       FOR AN ACT ENTITLED, An Act to   revise the composition of the Commission on Uniform Legislation.


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

     SB 91   Introduced by:  Senators Albers, Abdallah, Gant, Gray, Greenfield, Hanson (Gary), Hoerth, Katus, Kloucek, Nesselhuf, Olson (Ed), Schmidt, and Smidt and Representatives Glenski, Boomgarden, Brunner, Davis, Hunt, Olson (Betty), Olson (Russell), and Street

       FOR AN ACT ENTITLED, An Act to   provide for an order of joint physical care over certain children whose parents exercise joint legal custody.

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

     SB 92   Introduced by:  Senators Bartling, Albers, Hanson (Gary), Koetzle, McCracken, McNenny, and Nesselhuf and Representatives Moore, Elliott, Faehn, Juhnke, Krebs, Lust, and Turbiville

       FOR AN ACT ENTITLED, An Act to   increase the real estate transfer fee.

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

     SB 93   Introduced by:  Senators Abdallah, Napoli, and Peterson (Jim) and Representatives McLaughlin, Lust, Steele, Vanneman, and Willadsen

       FOR AN ACT ENTITLED, An Act to   provide for promotional displays by vehicle dealers under certain conditions.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1006:   FOR AN ACT ENTITLED, An Act to   revise certain procedures regarding the election process.

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

     HB 1044:   FOR AN ACT ENTITLED, An Act to   provide reciprocity for sales, use, or gross receipts tax paid on farm equipment purchased in another state or political subdivision.

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

     HB 1045:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the times for filing returns and remitting taxes.



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

     HB 1046:   FOR AN ACT ENTITLED, An Act to   repeal the limitation period for filing certain tax refunds.

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

     HB 1047:   FOR AN ACT ENTITLED, An Act to   revise the taxation of bundled transactions involving telecommunications services and related services.

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

     HB 1057:   FOR AN ACT ENTITLED, An Act to   require certain information in a judgment of conviction for persons sentenced to the state penitentiary.

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

     HB 1081:   FOR AN ACT ENTITLED, An Act to   revise certain provisions to provide that motor vehicle license plates remain with the owner of the plates.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 21:   FOR AN ACT ENTITLED, An Act to   revise certain requirements for the siting of energy facilities.

     Was read the second time.

     The question being "Shall SB 21 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; 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; Turbak; Two Bulls


     Excused:
Duenwald; Greenfield; Sutton

     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 39:   FOR AN ACT ENTITLED, An Act to   provide claims information to commercial property casualty insureds.

     Was read the second time.

     The question being "Shall SB 39 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; 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; Turbak; Two Bulls

     Excused:
Duenwald; Greenfield; Sutton

     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 45:   FOR AN ACT ENTITLED, An Act to   repeal the authority for state chartered savings and loan associations.

     Was read the second time.

     The question being "Shall SB 45 pass?"

     Journal correction: See page 173 of the Senate Journal.

     SB 46:   FOR AN ACT ENTITLED, An Act to   clarify the tax exempt and licensure status of fraternal benefit societies.

     Was read the second time.

     The question being "Shall SB 46 pass?"

     And the roll being called:



     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; 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; Turbak; Two Bulls

     Excused:
Duenwald; Greenfield; Sutton

     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 50:   FOR AN ACT ENTITLED, An Act to   revise certain provisions of parole eligibility.

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

     The question being "Shall SB 50 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; 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; Turbak; Two Bulls

     Excused:
Duenwald; Greenfield; Sutton

     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 11:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the licensing of commercial drivers.

     Was read the second time.

     The question being "Shall SB 11 pass?"


     And the roll being called:

     Yeas 30, Nays 2, Excused 3, 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; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt; Smidt; Turbak; Two Bulls

     Nays:
Apa; Gant

     Excused:
Duenwald; Greenfield; Sutton

     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 44:   FOR AN ACT ENTITLED, An Act to   require the conduct of criminal background checks for certain persons employed by the Division of Banking.

     Was read the second time.

     The question being "Shall SB 44 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; 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; Turbak; Two Bulls

     Excused:
Duenwald; Greenfield; Sutton

     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 67:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions related to distribution of funds to school districts based on adequate yearly progress.

     Was read the second time.



     Sen. Knudson moved that SB 67 be deferred to Monday, January 22, the 9th legislative day.

     Which motion prevailed.

     Sen. Gray moved that the Senate do now adjourn, which motion prevailed and at 1:45 p.m. the Senate adjourned.

Trudy Evenstad, Secretary