JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 31, 2007

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by Senate page Kayla Spiel.

     Roll Call: All members present.

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 fifteenth 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.
HONORED GUESTS


     The President introduced the 2005-2006 Outstanding School Administrators of South Dakota: James Heinert, Sturgis, School Superintendent; John Wellhouse, Pierre, School Business Official; Kevin Nelson, Beresford, Elementary School Principal; Leroy Fugitt, Pierre, Secondary School Principal; Mark Naugle, Hill City, Superintendent and Former Middle School Principal; Grace Christianson, Lennox, Curriculum Director; and Larry Furney, Hayti, Director of Special Education, to the body.

CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Judith Payne of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Transportation.

     The question being "Does the Senate advise and consent to the executive appointment of Judith Payne pursuant to the executive message as found on page 174 of the Senate Journal?"

     And the roll being called:

     Yeas 32, Nays 3, Excused 0, 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; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Apa; Greenfield; Maher

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

COMMUNICATIONS AND PETITIONS


January 31, 2007

Mr. President and Members of the Senate:

     I have the honor to inform you that on January 30, 2007, I approved Senate Bill 12 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 96 and HB 1080 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 Taxation respectfully reports that it has had under consideration SB 42 and returns the same with the recommendation that said bill be amended as follows:

42fa
     On page 1, line 9 of the printed bill, overstrike " three " and insert " two ".

     On page 1 , line 10, delete " However, no distributor may receive more " .

     On page 1 , delete line 11 .

     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 73 and 153 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 114 and 181 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Richard Benda of Hughes County, Pierre, South Dakota, to the position of

Secretary of the Department of Tourism and State Development 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 SB  113, 154, 155, and 156 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

 Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 111 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 Judiciary respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

106ra
     On page 1, line 5 of the printed bill, after " Section 1. " insert "That chapter 26-8A be amended by adding thereto a NEW SECTION to read as follows:".

     On page 1 , delete lines 9 to 11 , inclusive, and insert "report that information in accordance with §  26-8A-8. Any person who intentionally fails to make the required report is guilty of a Class 1 misdemeanor."

     On page 1 , delete lines 12 to 14 , inclusive, and insert:

    "Section 2. That § 26-8A-14 be amended to read as follows:

     26-8A-14.   Any person or party participating in good faith in the making of a report or the submitting of copies of medical examination, treatment, or hospitalization records pursuant to §§ 26-8A-3 to 26-8A-8, inclusive, pursuant to section 1 of this Act, or pursuant to any other provisions of this chapter, is immune from any liability, civil or criminal, that might otherwise be incurred or imposed, and has the same immunity for participation in any judicial proceeding resulting from the report. Immunity also extends in the same manner to persons requesting the taking of photographs and X rays pursuant to § 26-8A-16, to persons taking the photographs and X rays, to child protection teams established by the secretary of social services, to public officials or employees involved in the investigation and treatment of child abuse or neglect or making a temporary placement of the child pursuant to this chapter, or to any person who in good faith cooperates with a child protection team or the Department of Social Services in investigation, placement, or a treatment plan. The provisions of this section or any other section

granting or allowing the grant of immunity do not extend to any person alleged to have committed an act or acts of child abuse or neglect.

     Section 3. That § 26-8A-8 be amended to read as follows:

     26-8A-8.   The reports required by §§ 26-8A-3, 26-8A-6, and 26-8A-7 , and section 1 of this Act and by other sections of this chapter shall be made orally and immediately by telephone or otherwise to the state's attorney of the county in which the child resides or is present, to the Department of Social Services or to law enforcement officers. The state's attorney or law enforcement officers, upon receiving a report, shall immediately notify the Department of Social Services. Any person receiving a report of suspected child abuse or child neglect shall keep the report confidential as provided in § 26-8A-13, except as otherwise provided in chapter 26-7A or this chapter.

     The person receiving a report alleging child abuse or neglect shall ask whether or not the reporting party desires a response report. If requested by the reporting person, the Department of Social Services or the concerned law enforcement officer shall issue within thirty days, a written acknowledgment of receipt of the report and a response stating whether or not the report will be investigated. "

106rb
     On page 1, line 5 of the printed bill, delete " within the third degree of kinship to " and insert "a relative of".

     On page 1 , between lines 11 and 12, insert:

    "As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in- law, sister-in-law, niece, nephew, great grandparent, stepparent, or stepsibling."


     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Timothy Reisch of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Corrections 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 Judiciary respectfully reports that it has had under consideration SB 126 and 134 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair
Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Doneen Hollingsworth of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health 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 Health and Human Services respectfully reports that it has had under consideration the nomination of Deborah Bowman of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Social Services 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 Health and Human Services respectfully reports that it has had under consideration the nomination of Jerry Hofer of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Human Services 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 Health and Human Services respectfully reports that it has had under consideration SB 119 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 16, 20, 26, 27, 28, 29, and 66 and finds the same correctly enrolled.

 Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 13 was delivered to his Excellency, the Governor, for his approval at 8:55 a.m., January 31, 2007.

Respectfully submitted,
Bob Gray, Chair

CONSIDERATION OF REPORTS OF SENATE SELECT COMMITTEE


     Sen. Heidepriem moved that the consideration of the Senate Select Committee report be placed to follow SB 138 on today's calendar.

     Which motion prevailed.

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to return herewith SB 16, 20, 26, 27, 28, 29, and 66 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1018, 1075, 1090, 1091, 1121, 1122, 1161, and 1186 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     HCR 1002:   A CONCURRENT RESOLUTION,   Expressing support for the South Dakota coordinated natural resources conservation plan.

    Was read the second time.

     Sen. Tom Hansen moved that the Senate do concur in HCR 1002 as found on page 223 of the House Journal.

     The question being on Sen. Hansen's motion that the Senate do concur in HCR 1002.

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, 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; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; 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 1002 was concurred in.

     Sen. Knudson moved that the Committee on Education be instructed to deliver SB 95 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was supported and the committee was so instructed.

     SCR 4   Introduced by:  Senator Hunhoff and Representative Weems

         A CONCURRENT RESOLUTION,  Requesting all qualifying school districts in South Dakota to use the South Dakota Department of Education developed, and South Dakota Board of Education approved, Model Wellness Policy as a guideline.

     WHEREAS,  federal law now requires all local school districts participating in the National School Lunch Program to develop and implement wellness policies that address nutrition and physical activity; and

     WHEREAS,  in response to this requirement, the South Dakota Department of Education convened a work group consisting of health, physical activity, nutrition, and education professionals representing a variety of organizations, plus students and parents, to develop a wellness policy for local agencies; and

     WHEREAS,  the model wellness policy developed by the South Dakota Department of Education meets the new federal requirement and is based on science, research, and existing practices from exemplary states and local school districts around the country; and

     WHEREAS,  the Legislature commends school districts for implementing wellness policies; and

     WHEREAS,  the increasing rates of overweight young people and obesity among youth threaten to jeopardize the future health and productivity of our children; and
     WHEREAS,  the South Dakota State Plan for Nutrition and Physical Activity states that thirty-three percent of South Dakota students are overweight or at risk of being overweight; and

     WHEREAS,  similar numbers are reported by South Dakota data for preschool children; and

     WHEREAS,  all foods and beverages made available on school campuses should offer children nutritious choices; and

     WHEREAS,  the Honorable Governor M. Michael Rounds has made improving the health of all South Dakotans a priority with his Healthy South Dakota Initiative:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature requests all qualifying school districts in South Dakota to use the South Dakota Department of Education developed, and South Dakota Board of Education approved, Model Wellness Policy as a guideline.

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

CONSIDERATION OF REPORTS OF COMMITTEE


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

     Commerce on SB 10 as found on page 287 of the Senate Journal ; also

     Commerce on SB 47 as found on page 288 of the Senate Journal ; also

     Commerce on SB 160 as found on page 288 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 203   Introduced by:  Senators Kloucek, Greenfield, and Sutton and Representatives Elliott and Gassman

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

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

     SB 204   Introduced by:  Senators Olson (Ed), Dempster, Hundstad, and Napoli and Representatives Elliott, Dennert, Pederson (Gordon), and Pitts

       FOR AN ACT ENTITLED, An Act to   provide for the reimbursement of attorney's fees and costs for certain reinstated public employees and to make an appropriation to reimburse a Department of Human Services employee.

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

     SB 205   Introduced by:  Senators Kloucek, Gray, and Jerstad and Representatives Van Norman, Bradford, Dennert, Engels, Feinstein, Kirkeby, Nelson, and Sigdestad

       FOR AN ACT ENTITLED, An Act to   provide for incentives for the development of certain power production facilities utilizing renewable resources.

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

     SB 206   Introduced by:  Senators Hunhoff, Apa, Bartling, Gant, Greenfield, Hoerth, Jerstad, Maher, McNenny, and Two Bulls and Representatives Olson (Betty), Davis, Dykstra, Faehn, Koistinen, Krebs, Miles, Noem, Putnam, Rausch, Rhoden, Rounds, Vanneman, and Weems

       FOR AN ACT ENTITLED, An Act to   permit and provide for the issuance of certificates of birth resulting in stillbirth.

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

     SB 207   Introduced by:  The Committee on State Affairs at the request of the Office of the Governor

       FOR AN ACT ENTITLED, An Act to   increase the minimum wage.

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

     SB 208   Introduced by:  Senators Hoerth, Jerstad, Katus, Kloucek, and Maher and Representatives Van Norman, Dennert, Elliott, Feinstein, and Thompson

       FOR AN ACT ENTITLED, An Act to   provide for the regulation of tanning devices.

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

     SB 209   Introduced by:  Senators Maher, Hoerth, Kloucek, Koetzle, and Nesselhuf and Representatives Van Norman, Ahlers, Bradford, Elliott, Halverson, Hargens, Lucas, Miles, Sigdestad, Street, and Thompson


       FOR AN ACT ENTITLED, An Act to   create the South Dakota Boxing Commission and to provide for the supervision of boxing and kickboxing competitions and sparring exhibitions in the state.

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

     SB 210   Introduced by:  Senators Maher, Bartling, Hanson (Gary), Hoerth, Hundstad, Jerstad, Kloucek, Koetzle, Peterson (Jim), and Sutton and Representatives Van Norman, Ahlers, Bradford, Burg, Dennert, Elliott, Feinstein, Gassman, Gillespie, Halverson, Hargens, Nygaard, Sigdestad, Street, and Thompson

       FOR AN ACT ENTITLED, An Act to   require the South Dakota State Library to continue to circulate popular books to citizens and to ensure that records are reviewed for historical significance before being discarded.

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

     SB 211   Introduced by:  Senators Hunhoff, Abdallah, Garnos, Gray, Hansen (Tom), Hanson (Gary), Hundstad, Jerstad, Knudson, Koetzle, Lintz, Maher, McCracken, McNenny, Nesselhuf, Olson (Ed), Peterson (Jim), Smidt (Orville), and Sutton and Representatives Pitts, Boomgarden, Brunner, Burg, Carson, Dennert, DeVries, Faehn, Hackl, Halverson, Hargens, Haverly, Miles, Moore, Noem, Novstrup (David), Nygaard, Pederson (Gordon), Rave, Rhoden, Rounds, Turbiville, Van Etten, Vanneman, Vehle, Wick, and Willadsen

       FOR AN ACT ENTITLED, An Act to   prohibit the interchange of anti-epileptic drugs without prior notification and consent.

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

     SB 212   Introduced by:  Senator Peterson (Jim) and Representative Hargens

       FOR AN ACT ENTITLED, An Act to   provide for the creation of rural economic development zones and to provide contractors' excise, sales, and use tax refunds and property tax abatements for certain economic development projects.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1018:   FOR AN ACT ENTITLED, An Act to   make an appropriation for the control and suppression of pine beetles in Custer State Park.

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

     HB 1075:   FOR AN ACT ENTITLED, An Act to   make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

     HB 1090:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the explanation of ballot issues and to provide for the procedure to challenge such explanations.

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

     HB 1091:   FOR AN ACT ENTITLED, An Act to   permit magistrate courts to administer adult probationary drug court programs under certain circumstances.

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

     HB 1121:   FOR AN ACT ENTITLED, An Act to   provide for the purchase, sale, or transfer of certain solid waste or recyclable materials by local government entities and to revise certain provisions related to the operation of solid waste and recycling facilities.

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

     HB 1122:   FOR AN ACT ENTITLED, An Act to   revise and update the references to the building codes.

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

     HB 1161:   FOR AN ACT ENTITLED, An Act to   revise the elements of the crime of first degree robbery.

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

     HB 1186:   FOR AN ACT ENTITLED, An Act to   revise the composition of the Commission on Health Care.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Knudson requested that SB 159 be removed from the Consent Calendar.

     SB 93:   FOR AN ACT ENTITLED, An Act to   provide for promotional displays by vehicle dealers under certain conditions.

     Was read the second time.

     The question being "Shall SB 93 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; 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

     Excused:
Hansen (Tom)

     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 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 second time.

     The question being "Shall HB 1103 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; 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

     Excused:
Hansen (Tom)

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

     Was read the second time.

     Sen. Duenwald moved that SB 100 be referred to the Committee on Appropriations.

     Which motion prevailed.

     SB 109:   FOR AN ACT ENTITLED, An Act to   exempt from motor vehicle license fees certain motor vehicles used to transport children to and from certain head start programs.

     Was read the second time.

     Sen. Apa requested a fiscal note on SB 109.

     Which request was supported.

     SB 123:   FOR AN ACT ENTITLED, An Act to   provide that sheriffs receive payment for marshaling assets for an execution of judgment or execution sale even if no sale occurs.

     Was read the second time.

     The question being "Shall SB 123 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, 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; Lintz; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls


     Nays:
Napoli

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

     Was read the second time.

127ta

     Sen. Hunhoff moved that SB 127 be amended as follows:

     On page 6, line 21 of the printed bill, delete " Does " and insert " Are you aware of ".

     On page 6 , line 22, delete " result " and insert " resulting ".

     On page 6 , line 23, after " No___ " insert " Unknown___ ".

     Sen. Knudson requested that Joint Rule 5-17 be invoked on SB 127.

     Which request was supported and SB 127 with Sen. Hunhoff's pending motion to amend was deferred until Friday, February 2, the 18th legislative day.

     SB 138:   FOR AN ACT ENTITLED, An Act to   place restrictions on the use of certain animal traps.

     Was read the second time.

138tc

     Sen. Lintz moved that SB 138 be amended as follows:

     On page 1, line 3 of the printed bill, after " install " insert "on any public right-of-way".

     Which motion prevailed.

     Sen. Abdallah moved the previous question.

     Which motion prevailed.


      The question being "Shall SB 138 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 7, Excused 0, Absent 0

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

     Nays:
Abdallah; Dempster; Gray; Hansen (Tom); Hauge; Knudson; Turbak

     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. 9.

CONSIDERATION OF REPORTS OF SENATE SELECT COMMITTEE


     Sen. Heidepriem moved that the report of the Senate Select Committee Relative to Discipline and Expulsion as found on page 290 of the Senate Journal be adoped.

     Sen. Knudson moved as a substitute motion that the substitute report of the Senate Select Committee on Discipline and Expulsion, as printed below, be adopted.

SUBSTITUTE REPORT OF THE
SENATE SELECT COMMITTEE ON DISCIPLINE AND EXPULSION

MR. PRESIDENT:

    Your Select Committee on Discipline and Expulsion respectfully reports that it has completed its investigation of the conduct of Senator Dan Sutton; and, after due deliberation, recommends that the Senate do now endorse the finding of the Select Committee that Senator Dan Sutton should, and by the approval of a two-thirds vote of the Senate shall be, expelled for conduct by a senator highly unbecoming the Senate. Specifically, the Select Committee finds, and requests the Senate to concur in its finding, that Senator Dan Sutton invited and permitted a serving Senate page to share his motel room and bed, and that Senator Dan Sutton then initiated unwanted sexual contact with the page. Further, the Select Committee finds that the aforesaid actions and omissions of Senator Sutton, taken in their totality, have served to bring

Senator Dan Sutton into public disrepute. The Select Committee further finds, and requests the Senate to concur in its finding, that the continuing presence of Senator Dan Sutton in the Senate is incompatible with the honor of the Senate and the best interests of the people of South Dakota.

Respectfully Submitted,
Dave Knudson, Chair
Select Committee on Discipline and Expulsion

     The question being on Sen. Knudson's substitute motion that the substitute report of the Senate Select Committee on Discipline and Expulsion be adopted.

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent 0

     Yeas:
Albers; Apa; Duenwald; Gant; Gray; Greenfield; Hauge; Knudson; Lintz; McCracken; McNenny; Napoli; Schmidt (Dennis); Smidt (Orville)

     Nays:
Abdallah; Bartling; Dempster; Garnos; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Olson (Ed); Peterson (Jim); Turbak; Two Bulls

     Excused:
Sutton

     So the motion not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion lost.

     The question now being on Sen. Heidepriem's motion that the report of the Senate Select Committee Relative to Discipline and Expulsion be adopted.

     And the roll being called:

     Yeas 32, Nays 2, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak; Two Bulls

     Nays:
Apa; Napoli


     Excused:
Sutton

     So the motion having received an affirmative vote of a three-fifths majority of the members-elect, the President declared the motion carried and the report was adopted.

     There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1013 and 1081.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

     The President publicly read the title to

     SB 16: FOR AN ACT ENTITLED, An Act to  prohibit advertising chiropractic services without first obtaining a license.

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

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

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

     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.

     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.

     SB 66: FOR AN ACT ENTITLED, An Act to  include additional professions and occupations within the child support collection process.

     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.

     HB 1009: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the registration of cancelled livestock character brands.

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

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

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

     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.

     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.

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

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

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

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

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

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

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

     And signed the same in the presence of the Senate.

      Sen. Ed Olson moved that the Senate do now adjourn, which motion prevailed and at 3:37 p.m. the Senate adjourned.

Trudy Evenstad, Secretary