Senate Journal 02/02/2007 1:00 PM

JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 2, 2007

The Senate convened at 1:00 p.m., pursuant to adjournment, President Pro tempore Gray 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. Koetzle who was excused.

APPROVAL OF THE JOURNAL

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the seventeenth 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 Steven Pirner of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Environment and Natural Resources.

The question being "Does the Senate advise and consent to the executive appointment of Steven Pirner pursuant to the executive message as found on page 249 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; 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); Sutton; Turbak; Two Bulls

Excused:
Abdallah; Koetzle

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

The Senate proceeded to the consideration of the executive appointment of Larry Gabriel of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Agriculture.

The question being "Does the Senate advise and consent to the executive appointment of Larry Gabriel pursuant to the executive message as found on page 178 of the Senate Journal?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Kloucek; Maher

Excused:
Abdallah; Koetzle

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

COMMUNICATIONS AND PETITIONS

February 2, 2007

Mr. President and Members of the Senate:

I have the honor to inform you that on February 1, 2007, I approved Senate Bills 13, 16, 20, 26, 27, 28, 29, and 66, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Taxation respectfully reports that it has had under consideration SB 125 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7 of the printed bill, delete everything after " the " and insert "owner of the mobile home or manufactured home has not removed the home from the real property owner's land within thirty days of the court issuing a notice to quit as provided in chapter 21-16. Upon issuance of the notice to quit by the court, the owner of real property may give the owner of the mobile home or manufactured home and any lienholder with a lien properly noted pursuant to chapter 32-3, written notice of intent to sell the home pursuant to chapter 21-54 if the home is not removed from the real property owner's property within thirty days. The notice shall be sent to the owner of the mobile home or manufactured home at the owner's last known address."

On page 1 , delete line 8 .

On page 1 , line 9, delete everything before " The " .

On page 2 , line 7, after " notice " insert "required by this section".

On page 2 , line 8, delete " pursuant to " and insert "provided by section 1 of".

On page 2 , line 13, delete " shall " and insert "may".

On page 2 , line 14, after " acquisition. " insert "However, if the owner of the real property intends any use of the abandoned mobile home or manufactured home other than disposal, the owner of the real property may obtain an abandoned title after paying any taxes owed on the home."

On page 2 , line 19, delete " The " and insert "If the owner of the real property files an affidavit with the county treasurer stating that the owner is going to move the abandoned mobile home or manufactured home for the sole purpose of disposal, the county treasurer shall issue the permit provided by § 32-5-16.3 without receiving payment of the current year's taxes. The Department of Revenue and Regulation shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the affidavit."

On page 2 , delete lines 20 and 21, and insert:

"Section 5. The county treasurer shall deliver the affidavit filed pursuant to section 4 of this Act to the board of county commissioners after issuance of the permit. Upon receipt of the affidavit, the board of county commissioners shall abate any taxes owed on the mobile home or manufactured home."

On the previously adopted amendment (125oc), in the first paragraph, fourth line, delete "may" and insert "shall".

On page 2, line 7 of the printed bill, after " warrant " insert "and informed the owner of real property of such issuance".

On page 1, line 2 of the printed bill, after " conditions " insert "and to require property taxes to be abated on certain abandoned mobile homes and manufactured homes".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6 of the printed bill, delete " and " and insert " or ".

On page 1 , line 7, delete " and " and insert " or ".

On page 1, line 2 of the printed bill, after " sales " insert "and use".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 201 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 31, 52, 184, and 185 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1010 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the House Appropriations Committee engrossed bill, delete lines 14 and 15 , and insert:

"Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

On page 1, line 2 of the House Appropriations Committee engrossed bill, after " campus " insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 158 and tabled the same.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 34, 54, 162, and 179 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 186 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 SB 193 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 11 of the printed bill, delete " civil " .

On page 3 , line 11, remove the overstrikes from " ~~civil~~ " .

On page 3 , line 12, remove the overstrikes from " ~~or criminal,~~ " .

On page 3 , line 16, remove the overstrikes from " ~~The~~ " .

On page 3 , remove the overstrikes from line 17 .

On page 3 , delete line 18 , and insert "abuse or neglect of a any elder or disabled adult or to any person who has aided and abetted any such act .

On page 3 , line 22, after " civil " insert "or criminal".

On page 4 , line 2, after " . " insert "The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act."

And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 6 to 15 , inclusive, and insert:

"49-34A-35. No public utility shall sell, lease or otherwise dispose of its property or business constituting an operating unit or system in this state to another public utility or purchase the property or business constituting an operating unit or system in this state to another public utility or merge or consolidate with another public utility operating in this state, without first being authorized to do so by the Public Utilities Commission; provided, that in the event such sale, lease or other disposition of the property or business of one public utility to another public utility does not involve a sale, lease or disposition wherein the actual consideration exceeds two hundred thousand dollars, such sale, lease or disposition shall not be subject to the provisions of this section No public utility, without first being authorized to do so by the commission, may:

(1) Sell, lease, or otherwise dispose of its property or business constituting an operating unit or system in this state to another person;

(2) Sell, lease, or otherwise dispose of its operating property or plant used to provide gas or electric service to its customers in this state to another person;

(3) Purchase the property or business constituting an operating unit or system in this state of another public utility; or

(4) Merge or consolidate with another public utility operating in this state.

However, if the sale, lease, merger, consolidation, or other disposition of the property or business of one public utility to another person, as provided in subdivisions (1) to (4), inclusive, does not involve a sale, lease, merger, consolidation, or disposition wherein the fair market value exceeds ten million dollars, the sale, lease, merger, consolidation, or disposition is not subject to the restrictions of this section.

No person may acquire or gain control either directly or indirectly of any public utility doing business in this state that has a fair market value exceeding ten million dollars without the commission's prior authorization. As used in this section, the term, control, means the right to direct or cause the direction of the management and policies of the public utility, whether through the ownership of voting securities, by contract, or otherwise . "

On page 2 , delete lines 1 to 4 , inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Major General Michael A. Gorman of Pennington County, Rapid City, South

Dakota, to the position of Secretary of the Department of Military and Veterans Affairs 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 SJR 12 and SB 124 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 19 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

I have the honor to return herewith SB 19 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1068, 1144, 1147, 1150, and 1180 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 Introduced by: Senators Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen, Tom; Hanson, Gary; Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; Maher, McCracken; McNenny; Napoli; Nesselhuf; Olson, Ed; Peterson, Jim; Schmidt, Dennis; Smidt, Orville; Sutton; Turbak; Two Bulls

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-second Legislature of the State of South Dakota to Andrea Block, Harrison Hagg, Michelle Hollatz, Nicholas Hoyme, Jose. Nesselhuf, Katrin Profilet, Jonathan Schied, Derrick Schnabel, and Kayla Spiel.

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

WHEREAS, the members of the Eighty-second Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Knudson moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Knudson's motion that Senate Page Resolution 2 be adopted.

And the roll being called:

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

Excused:
Koetzle

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

SCR 5 Introduced by: Senators Hunhoff, Bartling, Gant, Greenfield, and Maher and Representatives Rausch, Dennert, Glenski, Hackl, Olson (Russell), Putnam, and Willadsen

A CONCURRENT RESOLUTION, Urging the Congress of the United States to reauthorize the State Children's Health Insurance Program at the federal level and to increase funding levels or modified state eligibility levels for qualified children.

WHEREAS, the Legislature regards the health of our children to be of paramount importance to families in our state; and

WHEREAS, the Legislature regards poor child health as a threat to the educational achievement and the social and psychological well-being of the children of our state; and

WHEREAS, the Legislature considers protecting the health of our children to be essential to the well-being of our youngest citizens and the quality of life in our state; and

WHEREAS, the Legislature considers the South Dakota Children's Health Insurance Program to be an integral part of the arrangements for health benefits for the children of the State of South Dakota; and

WHEREAS, the Legislature recognizes the value of the South Dakota Children's Health Insurance Program in preserving child wellness, preventing and treating childhood disease, improving health outcomes, and reducing overall health costs; and

WHEREAS, the Legislature considers the federal funding available for the South Dakota Children's Health Insurance Program to be indispensable to providing health benefits for the children of modest means:

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 urges the members of South Dakota's Congressional delegation to the United States Congress to ensure that the Congress timely reauthorizes the State Children's Health Insurance Program to assure federal funding for the South Dakota Children's Health Insurance Program; and

BE IT FURTHER RESOLVED, that the Legislature urges the Governor to use his best efforts to work with South Dakota's Congressional delegation to ensure that the State Children's Health Insurance Program is reauthorized in a timely manner; and

BE IT FURTHER RESOLVED, that the Legislature proclaims that all components of state government should work together with educators, health care providers, social workers, and parents to ensure that all available public and private assistance for providing health benefits to uninsured children in this state be used to the maximum extent possible; and

BE IT FURTHER RESOLVED, that the Legislature urges the Governor to use his best efforts to provide meaningful assistance to help identify and enroll children who qualify for medicaid or the South Dakota Children's Health Insurance Program.

Was read the first time and the President waived the referral to committee and placed SCR 5 on the calendar of Monday, February 5, the 19^th legislative day.

Sen. Knudson moved that the Senate do concur in House amendments to SB 58.

The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 58.

And the roll being called:

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

Excused:
Koetzle

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on SB 43 as found on page 327 of the Senate Journal ; also

Commerce on SB 48 as found on page 328 of the Senate Journal ; also

Education on SB 95 as found on page 325 of the Senate Journal ; also

Education on SB 101 as found on page 326 of the Senate Journal ; also

Agriculture and Natural Resources on SB 128 as found on page 348 of the Senate Journal ; also

Commerce on SB 165 as found on page 337 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1068: FOR AN ACT ENTITLED, An Act to revise the criminal penalty for perjury.

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

HB 1144: FOR AN ACT ENTITLED, An Act to limit the transfer of contested Public Utilities Commission cases to the Office of Hearing Examiners.

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

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding notices of claims against governmental entities.

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

HB 1150: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to deceptive trade practices.

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

HB 1180: FOR AN ACT ENTITLED, An Act to repeal certain provisions found to be unconstitutional, which required insurers to obtain a countersignature on policies.

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

SECOND READING OF CONSENT CALENDAR ITEMS

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 second time.

The question being "Shall HB 1001 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; 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); Sutton; Turbak; Two Bulls

Excused:
Koetzle

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 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 second time.

The question being "Shall HB 1002 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; 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); Sutton; Turbak; Two Bulls

Excused:
Koetzle

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

Sen. Knudson moved that SB 42, 47, 106, 108, 115, 127, and 147 be deferred to Monday, February 5, the 19^th legislative day.

Which motion prevailed.

Sen. Orville Smidt moved that the Senate do now adjourn, which motion prevailed and at 1:27 p.m. the Senate adjourned.

Trudy Evenstad, Secretary