JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  




TWELFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 25, 2007

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

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Katrin Profilet.

     Roll Call: All members present except Sen. Two Bulls 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 eleventh 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Sandra Zinter of Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Personnel.

     The question being "Does the Senate advise and consent to the executive appointment of Sandra Zinter pursuant to the executive message as found on page 177 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; 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); Turbak

     Excused:
Duenwald; Sutton; Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Dr. Rick Melmer of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 94 and returns the same with the recommendation that said bill do pass.


Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1081 and returns the same with the recommendation that said bill be amended as follows:

1081oa
     On page 24, after line 2 of the House Transportation Committee engrossed bill, insert:

    "Section 49. This Act is effective on January 1, 2008."


1081ob
     In the previously adopted amendment, 1081oa, delete "2008" and insert "2009".

     And that as so amended said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  92 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 the nomination of Pamela Roberts of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor 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 Commerce respectfully reports that it has had under consideration the nomination of Paul Kinsman of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue and Regulation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Royal "Mac" McCracken, Chair


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 103 and HB 1009 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Susan Kipling, Buffalo County, Gann Valley, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Merton Clarkson, Harding County, Ludlow, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Spencer Hawley, Brookings County, Brookings, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Randall Kemink, Potter County, Gettysburg, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Jay Duenwald, Chair


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SB 12 which has passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 1 in which the House has concurred.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1020, 1021, 1022, 1023, 1033, 1035, 1037, 1039, 1040, 1058, 1077, 1089, 1103, 1110, and 1112 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1001:   A CONCURRENT RESOLUTION,   Supporting a Taiwan-United States free trade agreement.

    Was read the second time.

     Sen. Gant moved that the Senate do concur in HCR 1001 as found on page 136 of the House Journal.

     The question being on Sen. Gant's motion that the Senate do concur in HCR 1001.

     And the roll being called:

     Yeas 31, Nays 1, Excused 3, Absent 0


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

     Nays:
Maher

     Excused:
Duenwald; Lintz; Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1001 was concurred in.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 26, the 13th legislative day.

     Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on SB 15 as found on page 208 of the Senate Journal ; also

     Health and Human Services on SB 70 as found on page 207 of the Senate Journal ; also

     Judiciary on SB 89 as found on page 206 of the Senate Journal ; also

     Judiciary on SB 90 as found on page 206 of the Senate Journal ; also

     State Affairs on HB 1013 as found on page 206 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 125   Introduced by:  Senators Napoli, Gray, Greenfield, Hundstad, Koetzle, Maher, McCracken, McNenny, Olson (Ed), Peterson (Jim), and Schmidt (Dennis) and Representatives Hunt, Brunner, Dennert, Dykstra, Gillespie, Koistinen, Moore, Novstrup (Al), Rave, Weems, and Wick


       FOR AN ACT ENTITLED, An Act to   allow an abandoned mobile home or manufactured home to be moved under certain conditions.

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

     SB 126   Introduced by:  Senators Hanson (Gary), Heidepriem, Lintz, McNenny, Nesselhuf, and Peterson (Jim) and Representatives Rhoden, Halverson, Hargens, Lucas, Moore, Pitts, Sigdestad, Street, and Vehle

       FOR AN ACT ENTITLED, An Act to   provide a defense of mutual mistake to certain adverse possession claims.

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

     SB 127   Introduced by:  Senators Hanson (Gary), Heidepriem, Lintz, McNenny, Nesselhuf, and Peterson (Jim) and Representatives Halverson, Hargens, Lucas, Moore, Pitts, Rhoden, Sigdestad, Street, and Vehle

       FOR AN ACT ENTITLED, An Act to   require the disclosure of known contamination of waterways on property condition disclosure statements.

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

     SB 128   Introduced by:  Senators Peterson (Jim), Abdallah, Bartling, Duenwald, Garnos, Gray, Greenfield, Hanson (Gary), Heidepriem, Hoerth, Hundstad, Koetzle, Lintz, Maher, and McCracken and Representatives Davis, Deadrick, Dennert, DeVries, Dykstra, Faehn, Hackl, Halverson, Jerke, Juhnke, Koistinen, Miles, Moore, Nelson, Noem, Novstrup (David), Nygaard, Peters, Pitts, Rausch, Rave, Rhoden, Sigdestad, Street, and Vanneman

       FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the Soybean Research and Promotion Council.

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

     SB 129   Introduced by:  Senators Dempster, Gray, Hansen (Tom), Heidepriem, Jerstad, Katus, and Olson (Ed) and Representatives Dykstra, Cutler, Halverson, Jerke, Nygaard, and Rave

       FOR AN ACT ENTITLED, An Act to   establish a health reinsurance pool to spread the expenses of high-cost individuals.

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



     SB 130   Introduced by:  Senators Dempster, Hansen (Tom), Heidepriem, Jerstad, Katus, and Olson (Ed) and Representatives Dykstra, Cutler, Jerke, Nygaard, and Rave

       FOR AN ACT ENTITLED, An Act to   require hospitals to report additional information on hospital reimbursements and to report performance outcome data and to provide that this information be available on the Department of Health's web site.

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

     SB 131   Introduced by:  Senators Dempster, Gray, Hansen (Tom), Jerstad, Katus, Nesselhuf, and Olson (Ed) and Representatives Dykstra, Halverson, Jerke, Nygaard, and Rave

       FOR AN ACT ENTITLED, An Act to   require that all state residents obtain health insurance, to provide assistance to those who cannot afford health insurance, and to provide penalties for those who can afford health insurance but do not have health insurance.

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

     SB 132   Introduced by:  Senators Dempster, Gray, Hansen (Tom), Heidepriem, Jerstad, Katus, and Olson (Ed) and Representatives Dykstra, Cutler, Halverson, Jerke, Nygaard, and Rave

       FOR AN ACT ENTITLED, An Act to   establish the South Dakota Health Insurance Exchange.

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

     SB 133   Introduced by:  Senators Dempster, Gray, Hansen (Tom), Heidepriem, Jerstad, Katus, and Olson (Ed) and Representatives Dykstra, Cutler, Halverson, Jerke, Nygaard, and Rave

       FOR AN ACT ENTITLED, An Act to   require itemized statements of charges to patients receiving medical care or services.

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

     SB 134   Introduced by:  Senator Lintz and Representatives Pederson (Gordon) and Howie

       FOR AN ACT ENTITLED, An Act to   revise the time when a petition for rehearing of a cause heard on appeal to the Supreme Court may be served and filed.

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


     SB 135   Introduced by:  Senators Bartling, Albers, Gant, Gray, Hanson (Gary), Koetzle, McCracken, Nesselhuf, Olson (Ed), and Turbak and Representatives Hargens, Cutler, Dykstra, Gillespie, Hanks, Hunt, Lucas, Moore, Noem, Pederson (Gordon), Pitts, Rave, Rounds, and Weems

       FOR AN ACT ENTITLED, An Act to   increase the minimum salary payable to county officials, state's attorneys, and sheriffs.

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

     SB 136   Introduced by:  Senators Gant and Apa and Representatives Peters, Buckingham, and Gillespie

       FOR AN ACT ENTITLED, An Act to   provide for the release of the juvenile monitor's report after clearance by the attorney general.

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

     SB 137   Introduced by:  Senator Kloucek and Representatives Gassman and Juhnke

       FOR AN ACT ENTITLED, An Act to   prohibit certain forms of compensation for persons circulating petitions.

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

     SB 138   Introduced by:  Senator Kloucek and Representative Nygaard

       FOR AN ACT ENTITLED, An Act to   place restrictions on the use of certain animal traps.

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

     SB 139   Introduced by:  Senators Katus, Apa, Hanson (Gary), Jerstad, Kloucek, Koetzle, and Napoli and Representatives Van Norman, Lucas, and Moore

       FOR AN ACT ENTITLED, An Act to   provide for the imposition of penalties as a result of specific prohibited conduct with respect to workers' compensation.

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

     SB 140   Introduced by:  Senators Napoli, Apa, Hanson (Gary), Jerstad, Katus, Kloucek, and Koetzle and Representatives Van Norman, Kirkeby, Lucas, Moore, Rhoden, and Street


       FOR AN ACT ENTITLED, An Act to   preclude mitigated, corrected, uncorrected effects, or reduction in benefits when determining an award for benefits which may be subjected to the provisions governing temporary, partial, permanent partial or permanent total disability benefits.

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

     SB 141   Introduced by:  Senators Katus, Apa, Hanson (Gary), Jerstad, Kloucek, Koetzle, and Napoli and Representatives Van Norman and Moore

       FOR AN ACT ENTITLED, An Act to   provide for the award of attorney's fees for the refusal or delay of insurers and self insured employers in the payment of workers' compensation or medical payments.

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

     SB 142   Introduced by:  Senators Katus, Apa, Hanson (Gary), Jerstad, Kloucek, Koetzle, and Napoli and Representatives Van Norman, Boomgarden, Elliott, Kirkeby, Lucas, Moore, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   provide for collection of certain workers' compensation defaults by court order.

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

     SB 143   Introduced by:  Senators Bartling, Garnos, Hansen (Tom), Katus, Kloucek, McCracken, and Nesselhuf and Representatives Dennert, Elliott, Feinstein, Pitts, and Van Etten

       FOR AN ACT ENTITLED, An Act to   appropriate funds to provide for the South Dakota Virtual Library.

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

     SB 144   Introduced by:  Senator Kloucek

       FOR AN ACT ENTITLED, An Act to   define certain offenses and to establish certain requirements related to immigrants and aliens.

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

     SB 145   Introduced by:  Senators Kloucek, Bartling, Garnos, Hanson (Gary), Heidepriem, Hoerth, Hundstad, Jerstad, Katus, Koetzle, Maher, Napoli, Peterson (Jim), Schmidt (Dennis), Turbak, and Two Bulls and Representatives Gassman, Ahlers, Boomgarden, Bradford, Dennert,

DeVries, Elliott, Engels, Feinstein, Gillespie, Gilson, Glenski, Lucas, Miles, Moore, Nygaard, Olson (Betty), Pederson (Gordon), Putnam, Sigdestad, Street, Thompson, and Van Norman

       FOR AN ACT ENTITLED, An Act to   provide for the labeling of the origin of certain meat and meat products and to establish related penalties.

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

     SB 146   Introduced by:  Senators Smidt (Orville) and McCracken and Representatives Tidemann, Davis, and Glenski

       FOR AN ACT ENTITLED, An Act to   allow a person over seventy years of age to establish a permanent exemption from jury service.

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

     SB 147   Introduced by:  Senators Greenfield, Apa, Napoli, and Olson (Ed) and Representatives Nelson, Haverly, and Rausch

       FOR AN ACT ENTITLED, An Act to   revise the definition of wages for unemployment insurance.

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

     SB 148   Introduced by:  Senators Apa, Abdallah, Gant, Greenfield, Napoli, Olson (Ed), and Schmidt (Dennis) and Representatives Howie, Haverly, Nelson, Peters, and Rausch

       FOR AN ACT ENTITLED, An Act to   require proof of citizenship with regard to certain applications for aid or assistance.

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

     SB 149   Introduced by:  Senators Apa, Gant, Napoli, Olson (Ed), and Schmidt (Dennis) and Representatives Howie, Haverly, and Nelson

       FOR AN ACT ENTITLED, An Act to   establish certain penalties and fines for the employment of illegal aliens.

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

     SB 150   Introduced by:  Senators Napoli, Apa, Hanson (Gary), Jerstad, Katus, Kloucek, and Koetzle and Representatives Van Norman, Kirkeby, Lucas, Moore, and Rhoden



       FOR AN ACT ENTITLED, An Act to   provide for the timely submission and processing of certain information regarding workers' compensation claims and to provide for the imposition of civil penalties.

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

     SB 151   Introduced by:  Senators Napoli, Apa, Hanson (Gary), Jerstad, Katus, Kloucek, and Koetzle and Representatives Van Norman, Boomgarden, Lucas, Moore, and Rhoden

       FOR AN ACT ENTITLED, An Act to   provide for additional compensation awards to workers' compensation claimants due to unconscionable acts of the insurer or employer, to provide an award in addition to and, which is not intended to replace existing penalties, and to provide for administrative action against workers' compensation insurers under certain circumstances.

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

     SB 152   Introduced by:  Senators Napoli, Apa, Hanson (Gary), Jerstad, Katus, Kloucek, and Koetzle and Representatives Van Norman, Moore, and Rhoden

       FOR AN ACT ENTITLED, An Act to   provide for the imposition of civil penalties for failure to timely file certain workers' compensation reports.

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

     SB 153   Introduced by:  Senators Lintz, Gray, and McCracken and Representatives Rounds, Moore, and Pitts

       FOR AN ACT ENTITLED, An Act to   provide for the suspension of certain county officials pending completion of criminal prosecutions.

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

     SB 154   Introduced by:  Senator Apa and Representatives Haverly, Rausch, and Tidemann

       FOR AN ACT ENTITLED, An Act to   establish the energy transmission infrastructure fund and to provide for its funding through a temporary increase in the sales and use tax.

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

     SB 155   Introduced by:  Senators Apa, Abdallah, Gant, and Smidt (Orville) and Representatives Noem, Haverly, Rausch, and Tidemann


       FOR AN ACT ENTITLED, An Act to   establish a production incentive payment program for the development of certain wind energy facilities.

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

     SB 156   Introduced by:  Senators Apa, Abdallah, Gant, McCracken, Olson (Ed), and Smidt (Orville) and Representatives Noem, Haverly, Rausch, and Tidemann

       FOR AN ACT ENTITLED, An Act to   appropriate money to the South Dakota Energy Infrastructure Authority.

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

     SB 157   Introduced by:  Senators Knudson, Abdallah, Albers, Bartling, Dempster, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hauge, Heidepriem, Hunhoff, Jerstad, Koetzle, McCracken, Nesselhuf, Olson (Ed), and Peterson (Jim) and Representatives McLaughlin, Ahlers, Cutler, Gassman, Gillespie, Glenski, Halverson, Hargens, Jerke, Kirkeby, Krebs, Miles, Moore, Olson (Russell), Peters, Pitts, Steele, Tidemann, Vehle, and Willadsen

       FOR AN ACT ENTITLED, An Act to   revise the state aid to education formula and to create a teacher compensation assistance program.

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

     SB 158   Introduced by:  Senators Gray, Jerstad, and Nesselhuf and Representatives Rounds, Dennert, Elliott, Halverson, Hills, Moore, Olson (Ryan), and Tidemann

       FOR AN ACT ENTITLED, An Act to   provide for an additional one-time one percent pay supplement to state employees.

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

     SB 159   Introduced by:  Senators Gray, Garnos, and Turbak and Representatives Faehn, Lust, Street, Thompson, and Willadsen

       FOR AN ACT ENTITLED, An Act to   allow a taxpayer who is the subject of an audit to provide evidence after the prescribed deadline under limited circumstances.

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

     SB 160   Introduced by:  Senators Gray, Abdallah, Apa, Gant, Garnos, Koetzle, McCracken, and Nesselhuf and Representatives Rounds, Faehn, Krebs, and Willadsen


       FOR AN ACT ENTITLED, An Act to   require timely honoring of rebates and to provide a private cause of action.

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

     SB 161   Introduced by:  Senators Jerstad, Bartling, Katus, Kloucek, Koetzle, and Nesselhuf and Representatives Thompson, Burg, Elliott, Glenski, and Lucas

       FOR AN ACT ENTITLED, An Act to   repeal the death penalty and commute certain death sentences to life imprisonment.

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

     SB 162   Introduced by:  Senators Albers, Gant, Kloucek, McCracken, Napoli, and Nesselhuf and Representatives Nygaard, Cutler, Dennert, Dreyer, Street, and Van Etten

       FOR AN ACT ENTITLED, An Act to   establish an alcohol and drug addiction counselor loan forgiveness program and to make an appropriation therefor.

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

     SB 163   Introduced by:  Senators Albers, Duenwald, and Hauge and Representatives Gillespie and Dykstra

       FOR AN ACT ENTITLED, An Act to   provide for the recall of certain school district officials.

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

     SB 164   Introduced by:  Senators Greenfield, Lintz, and Turbak and Representatives Howie, Faehn, Koistinen, Nelson, Noem, and Pederson (Gordon)

       FOR AN ACT ENTITLED, An Act to   permit certain taxing districts to revise the amount of revenue payable from property taxes.

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

     SB 165   Introduced by:  Senators Gant, Abdallah, Dempster, Gray, Hauge, Koetzle, and McCracken and Representatives Krebs, Ahlers, Boomgarden, Olson (Russell), Rave, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   repeal and reestablish provisions to regulate mortgage lenders and brokers.



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

     SB 166   Introduced by:  Senators Dempster, Bartling, Gant, Gray, Heidepriem, Hunhoff, Katus, Koetzle, Maher, and Napoli and Representatives Dykstra, Boomgarden, Brunner, Cutler, Dreyer, Elliott, Heineman, Juhnke, Lust, Novstrup (David), Olson (Betty), Pederson (Gordon), Peters, Rave, Rounds, Tidemann, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   authorize additional off-sale retail liquor licenses in certain municipalities.

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

     SB 167   Introduced by:  Senators Maher, Duenwald, Greenfield, Hanson (Gary), Hoerth, Nesselhuf, Peterson (Jim), and Two Bulls and Representatives Hackl, Haverly, Olson (Betty), Olson (Russell), Rausch, and Van Norman

       FOR AN ACT ENTITLED, An Act to   revise the daily bag limit for pheasants on private shooting preserves.

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

     SB 168   Introduced by:  Senators Hunhoff, Dempster, Garnos, Heidepriem, and Turbak and Representatives Rounds, Cutler, Engels, Gillespie, Hargens, Lucas, and Tidemann

       FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reporting requirements of the juvenile corrections monitor.

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

     SB 169   Introduced by:  Senators Heidepriem, Bartling, Dempster, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hoerth, Hunhoff, Jerstad, Katus, Kloucek, Knudson, McCracken, Nesselhuf, Olson (Ed), Peterson (Jim), Turbak, and Two Bulls and Representatives Hargens, Ahlers, Bradford, Burg, Elliott, Engels, Gassman, Gillespie, Glenski, Halverson, Lucas, Miles, Nygaard, Sigdestad, Street, and Thompson

       FOR AN ACT ENTITLED, An Act to   provide for the formation of permanent legislative ethics committees and to provide for the adoption of legislative codes of ethics.

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

     SB 170   Introduced by:  Senators Heidepriem, Abdallah, Bartling, Dempster, Gant, Greenfield, Hanson (Gary), Hoerth, Jerstad, Katus, Kloucek, Koetzle, Maher, Nesselhuf, Olson

(Ed), Peterson (Jim), Turbak, and Two Bulls and Representatives Hargens, Bradford, Burg, Dennert, Elliott, Engels, Feinstein, Gassman, Gillespie, Glenski, Halverson, Lucas, Miles, Nygaard, Sigdestad, Street, and Thompson

       FOR AN ACT ENTITLED, An Act to   provide for a study of medicaid.

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

     SJR 13   Introduced by:  Senators Apa and Abdallah and Representatives Haverly, Rausch, and Tidemann

       A JOINT RESOLUTION,   Proposing and submitting to the electors at the next general election amendments to Article XIII of the Constitution of the State of South Dakota, relating to the use of certain trust funds associated with the sale of the State cement plant and to the authorization of the use of such funds for the construction and maintenance of energy transmission facilities.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1020:   FOR AN ACT ENTITLED, An Act to   permit the South Dakota Department of Agriculture to contract with individual firefighters and support personnel.

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

     HB 1021:   FOR AN ACT ENTITLED, An Act to   add additional species to those which may be hunted without a license by residents on their own land.

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

     HB 1022:   FOR AN ACT ENTITLED, An Act to   revise the definition of bait.

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

     HB 1023:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the definition of big game and the possession, transportation, and sale of big game meat and animal parts.


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

     HB 1033:   FOR AN ACT ENTITLED, An Act to   impose sanctions on schools and certified school personnel for compromising the integrity of a state-required academic achievement test.

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

     HB 1035:   FOR AN ACT ENTITLED, An Act to   revise the required grade levels for assessment of writing skills.

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

     HB 1037:   FOR AN ACT ENTITLED, An Act to   repeal certain health certification requirements of school employees.

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

     HB 1039:   FOR AN ACT ENTITLED, An Act to   increase certain fees relating to the Board of Barber Examiners.

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

     HB 1040:   FOR AN ACT ENTITLED, An Act to   repeal the manager license, revise the requirements for a salon license, and revise the requirements for an instructor license with regard to the practice of cosmetology.

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

     HB 1058:   FOR AN ACT ENTITLED, An Act to   revise certain provisions related to the placement of juveniles under the jurisdiction of the Department of Corrections.

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

     HB 1077:   FOR AN ACT ENTITLED, An Act to   impose a tax on the net revenues of intermediate care facilities for the mentally retarded.

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


     HB 1089:   FOR AN ACT ENTITLED, An Act to   define the term, consideration, as it relates to the payment of fees for certain transfers or exchanges of real property.

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

     HB 1103:   FOR AN ACT ENTITLED, An Act to   revise certain requirements of vehicle and boat dealers to post damage disclosure statement notices.

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

     HB 1110:   FOR AN ACT ENTITLED, An Act to   increase the fines for certain violations of local ordinances.

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

     HB 1112:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the transportation of fur-bearing animals.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     SB 83:   FOR AN ACT ENTITLED, An Act to   revise the eligibility qualifications for an assessment freeze of single-family dwellings.

     Was read the second time.

     The question being "Shall SB 83 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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls


     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.

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

     Was read the second time.

     The question being "Shall HB 1042 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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls

     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.

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

     Was read the second time.

     The question being "Shall HB 1043 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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls


     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.

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

     Was read the second time.

     The question being "Shall HB 1049 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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls

     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.

     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 second time.

     The question being "Shall HB 1055 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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls


     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 19:   FOR AN ACT ENTITLED, An Act to   revise the fee for certain licenses issued by the Board of Funeral Services.

     Was read the second time.

     The question being "Shall SB 19 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, 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; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Smidt (Orville); Sutton; Turbak

     Nays:
Apa; Greenfield; Napoli; Peterson (Jim); Schmidt (Dennis)

     Excused:
Lintz; Two Bulls

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

     Was read the second time.

     The question being "Shall SB 88 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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls

     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 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 second time.

     The question being "Shall HB 1003 pass as amended?"

     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; Knudson; Koetzle; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak

     Excused:
Lintz; Two Bulls

     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.

COMMEMORATION


     SC 3   Introduced by:  Senators Hansen (Tom) and Greenfield and Representatives Hargens, Burg, Krebs, Nelson, and Noem

         A LEGISLATIVE COMMEMORATION,  Recognizing and honoring Callee Bauman of Huron for recently being selected Miss South Dakota 2006.

     WHEREAS,  Callee Bauman was chosen as Miss South Dakota on June 24, 2006, in Hot Springs, South Dakota, and will retain this title through 2007; and

     WHEREAS,  Callee is the daughter of Curtis and Louise Bauman of Huron, South Dakota, and is currently a student at South Dakota State University, pursuing her degree in speech communications; and

     WHEREAS,  Callee is very proud of her South Dakota heritage and will represent the State of South Dakota at the Miss America Pageant on January 29, 2007, in Las Vegas, Nevada, where she will compete with her platform, "Pump Ethanol: Pumping Life Back into South Dakota," and with her vocal talent:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-second Legislature of the State of South Dakota, that Callee Bauman of Huron is recognized and honored as the reigning Miss South Dakota. The South Dakota Legislature wishes her well as she competes in the Miss America Pageant.

SIGNING OF BILLS


     The President publicly read the title to

     SB 12: FOR AN ACT ENTITLED, An Act to  revise certain provisions required to obtain an instruction permit to drive.

     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.

     And signed the same in the presence of the Senate.

     Sen. Hunhoff moved that the Senate do now adjourn, which motion prevailed and at 2:45 p.m. the Senate adjourned.

Trudy Evenstad, Secretary