JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 13, 2007

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

     The prayer was offered by the Chaplain, Rev. Theodora Boolin, followed by the Pledge of Allegiance led by Senate page Laura Hofer.

     Roll Call: All members present except Sen. Maher 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 twenty-fourth day.

     All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

     And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

     Which motion prevailed.
REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1233 and returns the same with the recommendation that said bill do pass and be placed on the Consent Calendar.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1024, 1025, 1136, and 1259 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Jay Duenwald, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1183 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 HCR 1003 and returns the same with the recommendation that said resolution be concurred in and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1164 and tabled the same.

Respectfully submitted,
Cooper Garnos, Chair

 Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration HB  1040, 1089, 1114, 1122, 1129, and 1257 and returns the same with the recommendation that said bills do pass and be placed on the Consent Calendar.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 59 and returns the same with the recommendation that said bill be amended as follows:

59md
     On page 2, line 5 of the printed bill, delete " $4,918,279 " and insert "$4,917,298".

     On page 2 , line 13, delete " $1,520,584 " and insert "$1,510,092".

     On page 2 , line 16, delete " $25,439,186 " and insert "$25,429,186".

     On page 2 , line 20, delete " $722,134 " and insert "$716,517".

     On page 3 , line 4, delete " $3,093,398 " and insert "$3,073,859".

     On page 3 , line 6, delete " $13,492,290 " and insert "$13,342,290".

     On page 3 , line 8, delete " $47,177,402 " and insert "$47,133,302".

     On page 3 , line 12, delete " $443,865 " and insert "$439,134".

     On page 3 , line 18, delete " $563,654 " and insert "$562,440".

     On page 3 , line 24, delete " $1,244,317 " and insert "$1,198,307".

     On page 4 , between lines 1 and 2, insert "Operating Expenses, Federal Funds, delete "$9,079,738" and insert "$9,054,738".

     On page 4 , between lines 2 and 3, insert "Operating Expenses, Other Funds, delete"$10, 268,371" and insert "$10,260,526".

     On page 4 , line 6, delete " $1,283,963 " and insert "$1,278,050".

     On page 4 , between lines 8 and 9, insert "Operating Expenses, Other Funds, delete "$7,408,249" and insert "$7,375,532".

     On page 4 , line 12, delete " $722,628 " and insert "$721,337".
     On page 4 , between lines 14 and 15, insert "Operating Expenses, Other Funds, delete "$10,952,088" and insert "$10,882,088".

     On page 4 , line 18, delete " $547,737 " and insert "$534,789".

     On page 5 , line 2, delete " $477,659 " and insert "$476,374".

     On page 5 , line 8, delete " $152,532 " and insert "$152,310".

     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 218 and returns the same with the recommendation that said bill be amended as follows:

218ta
     On page 2, line 5 of the printed bill, delete " transferred " and insert "appropriated".

     On page 2 , line 6, after " ($12,000,000) " insert ", or so much thereof as may be necessary,".

     On page 2 , line 7, delete " balance in the " .

     On page 2 , line 8, after " fund. " insert "There is hereby appropriated to the Department of Game, Fish and Parks, twelve million dollars ( $12,000,000 ), or so much thereof as may be necessary, of other fund expenditure authority for expenditures authorized by this Act."

     On page 2 , line 9, delete " transferred " and insert "appropriated".

     On page 2 , line 11, delete " transfer " and insert "appropriation".

     On page 2 , line 19, delete " transferred " and insert "appropriated".

     On page 3 , line 1, delete " transferred " and insert "appropriated".

     On page 3 , line 5, delete " transferred " and insert "appropriated".

     On page 3 , line 10, delete " transferred " and insert "appropriated".

     On page 3 , line 13, delete " transferred " and insert "appropriated".

     On page 3 , line 18, delete everything after " accept " and insert "any funds obtained from gifts, contributions, or other sources for the purposes stated in section 1 of this Act."

     On page 3 , delete lines 19 and 20 .

     On page 4 , line 2, delete " transferred " and insert "appropriated".
     On page 4 , line 2, delete " All amounts so transferred " and insert "The Custer State Park bond redemption fund as created in §  41-17-22.5".

     On page 4 , line 3, delete " be applied to " .

     On page 4 , after line 13, insert:

    "Section 14. The secretary of the Department of Game, Fish and Parks shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

         Section 15. 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."


218tta
     On page 1, line 4 of the printed bill, after "Parks" delete " and " and insert ",".

     On page 1 , line 5, after " costs " 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 112, 204, and 214 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18, 35, 38, and 49 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 18, 35, 38, and 49 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1005, 1132, 1145, 1174, 1182, 1194, 1244, 1245, 1252, 1280, and 1288 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Yesterday, Sen. Kloucek announced his intention to reconsider the vote by which SB 166 passed.

     Sen. Albers moved that the Senate do now reconsider the vote by which SB 166 passed.

     The question being on Sen. Alber's motion to reconsider the vote by which SB 166 passed.

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Garnos; Hoerth; Katus; Kloucek; McNenny; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Two Bulls

     Nays:
Dempster; Duenwald; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hundstad; Hunhoff; Jerstad; Knudson; Koetzle; Lintz; McCracken; Olson (Ed); Sutton; Turbak

     Excused:
Maher

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

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on SB 132 as found on page 471 of the Senate Journal ; also

     State Affairs on SB 169 as found on page 470 of the Senate Journal ; also


     Health and Human Services on SB 196 as found on page 472 of the Senate Journal ; also

     Judiciary on HB 1016 as found on page 469 of the Senate Journal ; also

     Judiciary on HB 1068 as found on page 468 of the Senate Journal ; also

     Judiciary on HB 1117 as found on page 469 of the Senate Journal ; also

     Judiciary on HB 1119 as found on page 470 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1005:   FOR AN ACT ENTITLED, An Act to   revise the reporting requirements involving sex offense victims.

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

     HB 1132:   FOR AN ACT ENTITLED, An Act to   increase the maximum penalty that counties and municipalities may establish for a violation of an ordinance.

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

     HB 1145:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning utility right-of-way maintenance.

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

     HB 1174:   FOR AN ACT ENTITLED, An Act to   increase the maximum amount for which used motor vehicles may be sold or transferred to be exempt from excise tax.

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

     HB 1182:   FOR AN ACT ENTITLED, An Act to   revise the petition requirements for the formation of an ambulance district.

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

     HB 1194:   FOR AN ACT ENTITLED, An Act to   authorize the disclosure of certain confidential information when a person who is subject to commitment proceedings has communicated a serious threat of serious physical injury against a reasonably identifiable victim.

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

     HB 1244:   FOR AN ACT ENTITLED, An Act to   revise the General Appropriations Act for fiscal year 2007 regarding the South Dakota opportunity scholarships.

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

     HB 1245:   FOR AN ACT ENTITLED, An Act to   make appropriations from the water and environment fund, the environment and natural resources fee fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state cost share for the Lewis and Clark Rural Water System, and to declare an emergency.

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

     HB 1252:   FOR AN ACT ENTITLED, An Act to   provide certain provisions concerning the indemnification of the directors of cooperatives.

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

     HB 1280:   FOR AN ACT ENTITLED, An Act to   revise certain provisions permitting decisions of a planning commission to be overruled by other public bodies.

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

     HB 1288:   FOR AN ACT ENTITLED, An Act to   permit trustees to decant a trust under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Napoli requested that HB 1078 be removed from the Consent Calendar.

     Sen. Napoli requested that HB 1079 be removed from the Consent Calendar.

     Sen. Kloucek requested that HB 1099 be removed from the Consent Calendar.


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

     Was read the second time.

     The question being "Shall HB 1147 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; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

     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 1210:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning municipal operating agreements.

     Was read the second time.

     The question being "Shall HB 1210 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; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

     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 1217:   FOR AN ACT ENTITLED, An Act to   require certain signs to identify polling places on election day.

     Was read the second time.

     The question being "Shall HB 1217 pass as amended?"

     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; Koetzle; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak; Two Bulls

     Excused:
Maher

     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 3:   FOR AN ACT ENTITLED, An Act to   revise certain provisions relating to the circulation and signing of initiative and referendum petitions and to provide a penalty for violation thereof.

     Was read the second time.

3ra
     Sen. McNenny moved that SB 3 be further amended as follows:

     On page 2, line 6 of the Senate State Affairs Committee engrossed bill, after " state " insert " or knowing that he or she has already signed the same petition ".

     Which motion prevailed.

     The question being "Shall SB 3 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 15, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Smidt (Orville)

     Nays:
Apa; Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

     Excused:
Maher

     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.

     Sen. Kloucek announced his intention to reconsider the vote by which SB 3 passed.

     SB 104:   FOR AN ACT ENTITLED, An Act to   create and provide for the education enhancement tobacco tax fund and the health care tobacco tax fund.

     Was read the second time.

     The question being "Shall SB 104 pass as amended?"

     And the roll being called:

     Yeas 16, Nays 17, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Dempster; Duenwald; Gant; Garnos; Gray; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Olson (Ed); Smidt (Orville)

     Nays:
Apa; Bartling; Greenfield; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Koetzle; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

     Excused:
Kloucek; Maher

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

     Sen. Knudson announced his intention to reconsider the vote by which SB 104 lost.

     SB 168:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the reporting requirements of the juvenile corrections monitor.

     Was read the second time.

     The question being "Shall SB 168 pass?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Dempster; Garnos; Gray; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak; Two Bulls

     Nays:
Albers; Apa; Duenwald; Gant; Greenfield; Hansen (Tom); Hauge; Lintz; McCracken; McNenny; Napoli; Schmidt (Dennis)

     Excused:
Maher

     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 173:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning the assessment of real property, to revise certain tax levy limitations for schools, to revise certain provisions regarding property tax levies for school districts, and to repeal the nonagricultural acreage classification.

     Was read the second time.

     The question being "Shall SB 173 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 5, Excused 2, Absent 0

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

     Nays:
Hoerth; Hundstad; Koetzle; Napoli; Turbak


     Excused:
Abdallah; Maher

     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 187:   FOR AN ACT ENTITLED, An Act to   provide for appropriate emergency health care for rape survivors and to require health care facilities and the Department of Health to provide information to rape survivors.

     Was read the second time.

187ra
     Sen. Nesselhuf moved that SB 187 be further amended as follows:

     On page 2, line 21 of the Senate Health and Human Services Committee engrossed bill, delete " health care facility, " .

     Which motion lost.

187oa
     Sen. Gant moved that SB 187 be further amended as follows:

     On page 2, line 4 of the Senate Health and Human Services Committee engrossed bill, delete " facility which routinely provides medical care " and insert "health care facility as defined in §  34-12-1.1".

     Which motion prevailed.

     The question being "Shall SB 187 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Gray; Greenfield; Schmidt (Dennis)

     Excused:
Maher


     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 198:   FOR AN ACT ENTITLED, An Act to   provide for an Open Government Commission.

     Was read the second time.

     The question being "Shall SB 198 pass as amended?"

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

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

     Excused:
Maher

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

     Was read the second time.

     The question being "Shall SB 206 pass?"

     And the roll being called:

     Yeas 30, Nays 1, Excused 4, Absent 0

     Yeas:
Apa; Bartling; Duenwald; Garnos; Gray; Greenfield; 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:
Albers

     Excused:
Abdallah; Dempster; Gant; Maher

     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


     Sen. Knudson moved that HB 1071, 1154, 1160, 1165, 1175, and 1255 be deferred to Wednesday, February 14, the 26th legislative day.

     Which motion prevailed.

     Sen. Kloucek moved that the Senate do now adjourn, which motion prevailed and at 3:57 p.m. the Senate adjourned.

Trudy Evenstad, Secretary