JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 23, 2007

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Andrea Block.

     Roll Call: All members present except Sen. Sutton 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 ninth 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.
     Pursuant to Senate Rule 8-3, the oath was administered by the Secretary of the Senate to the Select Committee on Discipline and Expulsion: Senators Knudson, Heidepriem, Abdallah, Gray, Gary Hanson, McNenny, Nesselhuf, Ed Olson, and Turbak.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Jerome Howe of Davison County, Mitchell, South Dakota, to the South Dakota Crime Victims' Compensation 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 Judiciary respectfully reports that it has had under consideration the nomination of Sharon Kallemeyn of Pennington County, Rapid City, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Tonnis Venhuizen of Douglas County, Armour, South Dakota, to the South Dakota Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Ed Olson, Chair

 Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 8 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 5 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  80 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Royal "Mac" McCracken, Chair

MESSAGE FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1002, 1004, 1011, 1012, 1015, 1029, 1030, 1038, 1053, 1059, 1094, 1095, and 1096 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES


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


     Health and Human Services on SB 18 as found on page 180 of the Senate Journal ; also

     Health and Human Services on SB 64 as found on page 180 of the Senate Journal ; also

     Health and Human Services on SB 65 as found on page 181 of the Senate Journal ; also

     Judiciary on SB 75 as found on page 187 of the Senate Journal ; also

     Judiciary on SB 77 as found on page 187 of the Senate Journal be adopted.

     Which motion prevailed

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 100   Introduced by:  Senators Bartling, Apa, Duenwald, Gant, Garnos, Greenfield, Hansen (Tom), Hanson (Gary), Kloucek, Koetzle, Lintz, Maher, McNenny, Peterson (Jim), Smidt, and Sutton and Representatives Tidemann, Brunner, Burg, Davis, Dennert, DeVries, Elliott, Gillespie, Glenski, Halverson, Hunt, Jerke, Juhnke, Krebs, Lucas, Moore, Nelson, Noem, Pederson (Gordon), Peters, Pitts, Rausch, Sigdestad, Thompson, Turbiville, and Vanneman

       FOR AN ACT ENTITLED, An Act to   appropriate money for the Northern Crops Institute.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 101   Introduced by:  Senators Bartling, Albers, Gant, Jerstad, McCracken, McNenny, Nesselhuf, Olson (Ed), and Peterson (Jim) and Representatives Gillespie, Cutler, Dennert, DeVries, Dykstra, Elliott, Halverson, Nelson, Rounds, and Willadsen

       FOR AN ACT ENTITLED, An Act to   provide that a governance policy be determined at the annual meeting of a school board.

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

     SB 102   Introduced by:  Senators McNenny, Hansen (Tom), Lintz, and Peterson (Jim) and Representatives Rhoden, Juhnke, Olson (Betty), and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   establish certain notification requirements related to the use of Roundup Ready alfalfa.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.


      SB 103   Introduced by:  Senators Maher, Hansen (Tom), Hanson (Gary), Hoerth, Kloucek, McNenny, and Peterson (Jim) and Representatives Olson (Betty), Buckingham, DeVries, Howie, Nelson, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   provide for the appointment of members of the Brand Board by district.

     Was read the first time and referred to the Committee on Agriculture and Natural Resources.

     SB 104   Introduced by:  Senators Knudson, Abdallah, Albers, Dempster, Duenwald, Gant, Garnos, Gray, Hansen (Tom), Hauge, Hunhoff, Lintz, McCracken, McNenny, Olson (Ed), and Smidt (Orville) and Representatives Rhoden, Boomgarden, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, DeVries, Dreyer, Dykstra, Faehn, Gilson, Hackl, Hanks, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rounds, Steele, Tidemann, Turbiville, Van Etten, Vanneman, Vehle, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   define the status of principal in the education enhancement trust fund and the health care trust fund.

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

     SB 105   Introduced by:  Senators Knudson, Abdallah, Albers, Dempster, Duenwald, Gant, Garnos, Gray, Greenfield, Hansen (Tom), Hauge, Hunhoff, Lintz, McCracken, McNenny, Olson (Ed), Schmidt (Dennis), and Smidt (Orville) and Representatives Rhoden, Boomgarden, Brunner, Buckingham, Carson, Cutler, Davis, Deadrick, DeVries, Dreyer, Dykstra, Faehn, Gilson, Hackl, Hanks, Haverly, Heineman, Hills, Howie, Hunt, Jerke, Juhnke, Kirkeby, Koistinen, Krebs, Lust, McLaughlin, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Olson (Ryan), Pederson (Gordon), Peters, Pitts, Putnam, Rausch, Rave, Rounds, Steele, Tidemann, Turbiville, Van Etten, Vanneman, Vehle, Weems, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

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

     SB 106   Introduced by:  Senators Napoli and Abdallah and Representatives Van Etten and Howie

       FOR AN ACT ENTITLED, An Act to   require certain family members to report sexual abuse to law enforcement authorities, to grant civil immunity for any good faith report, and to provide a penalty for failure to report.

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

     SB 107   Introduced by:  Senators Koetzle, Katus, and Kloucek and Representatives Lucas, Elliott, Engels, and Thompson

       FOR AN ACT ENTITLED, An Act to   set the apprentice to experienced electrician ratio on job sites.

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

     SB 108   Introduced by:  The Committee on Commerce at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   provide for the continuation of certain health insurance coverage for dependents.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1001:   FOR AN ACT ENTITLED, An Act to   repeal references to certain defunct programs under the authority of the Board of Regents.

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

     HB 1002:   FOR AN ACT ENTITLED, An Act to   revise the style and form of certain provisions relating to the Board of Regents.

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

     HB 1004:   FOR AN ACT ENTITLED, An Act to   revise the penalty for misuse of any aircraft or vehicle owned or leased by the state.

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

     HB 1011:   FOR AN ACT ENTITLED, An Act to   make an appropriation to provide for the renovation of the National Guard armory in Brookings.

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

     HB 1012:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the appropriation of money for the veterans' bonus program.

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

     HB 1015:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the required identification of authorized emergency vehicles.

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

     HB 1029:   FOR AN ACT ENTITLED, An Act to   place certain drugs on the controlled substances schedule and to declare an emergency.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1030:   FOR AN ACT ENTITLED, An Act to   revise the membership of the State Board of Podiatry Examiners, the State Board of Pharmacy, and the State Board of Funeral Service.

     Was read the first time and referred to the Committee on Health and Human Services.

     HB 1038:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the interstate enrollment options program.

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

     HB 1053:   FOR AN ACT ENTITLED, An Act to   provide certain standards for health maintenance organizations in individual health insurance.

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

     HB 1059:   FOR AN ACT ENTITLED, An Act to   provide for the sharing of certain child protection records.

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

     HB 1094:   FOR AN ACT ENTITLED, An Act to   specify the admonishment of jurors during court adjournments.

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

     HB 1095:   FOR AN ACT ENTITLED, An Act to   provide for and revise the wording of certain judicial oaths.

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

     HB 1096:   FOR AN ACT ENTITLED, An Act to   clarify certain provisions concerning the place where certain trials shall take place.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Heidepriem requested that HB 1007 be removed from the Consent Calendar.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 31:   FOR AN ACT ENTITLED, An Act to   make an appropriation to assist sparse school districts.

     Was read the second time.

     Sen. Apa moved that SB 31 be referred back to the Committee on Appropriations.

     Which motion prevailed.

     SB 55:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to purchase improved real property adjacent to the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Greenfield; Koetzle

     Excused:
Sutton

     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 7:   FOR AN ACT ENTITLED, An Act to   establish certain fees to provide for air quality permitting, inspecting, and compliance services to ethanol production plants.

     Was read the second time.

     The question being "Shall SB 7 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Napoli

     Excused:
Knudson; 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 53:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a new engineering class/lab building for South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 53 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0

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

     Nays:
Koetzle

     Excused:
Knudson; Sutton

     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 57:   FOR AN ACT ENTITLED, An Act to   authorize the Board of Regents to construct a straw bale house at the McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

     Was read the second time.

     The question being "Shall SB 57 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

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

     Nays:
Greenfield; Koetzle; Napoli; Schmidt (Dennis)


     Excused:
Knudson; Sutton

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

     Was read the second time.

     Sen. Heidepriem moved that SB 71 be deferred to Wednesday, January 24, the 11th legislative day.

     Which motion prevailed.

     Sen. Dempster moved that SB 74, 76, and 78 be deferred to Wednesday, January 24, the 11th legislative day.

     Which motion prevailed.

     SB 81:   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 second time.

     The question being "Shall SB 81 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Knudson; 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 HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1014:   FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding the Bureau of Administration's evaluation of costs of projects in the facility construction plan, the submission of proposed capital improvements, the responsibility to request legislative appropriations for facility construction, and the funding of emergency capital improvement projects.

     Was read the second time.

     The question being "Shall HB 1014 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Knudson; 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.

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

REPORTS OF STANDING COMMITTEE


MR. PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill be amended as follows:

19ua
     On page 2, after line 9 of the printed bill, insert:

    "Section 4. That § 36-19-37 be amended to read as follows:

     36-19-37.   All licenses issued under the provisions of this chapter shall be valid only until the following thirty-first day of December.

     If a licensee desires a renewal of such license, the State Board of Funeral Service shall grant it, except for cause in compliance with chapter 1-26. All applications for renewal shall be made within thirty days prior to the expiration of the license and shall be accompanied by a renewal fee not to exceed one hundred two hundred fifty dollars, to be fixed by the board. "

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 84 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jason M. Gant, Chair

     Sen. Tom Hansen moved that the Senate do now adjourn, which motion prevailed and at 2:56 p.m. the Senate adjourned.

Trudy Evenstad, Secretary