JOURNAL OF THE SENATE

EIGHTY-SECOND SESSION  



THIRTY-FOURTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 28, 2007

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

     The prayer was offered by the Chaplain, Pastor Jack Benjamin, followed by the Pledge of Allegiance led by Senate page Ashley Willcuts.

     Roll Call: All members present except Sen. Duenwald 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 thirty-third day and finds the following correction should be made:

    "On page 695 of the Senate Journal delete lines 6 through 8, inclusive."

    SB 125 was not signed on the 33rd legislative day.

     All other 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 Taxation respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill be amended as follows:

1084fa
     On page 1, line 7 of the printed bill, delete " eighteen " and insert " seventeen ".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1131 and returns the same with the recommendation that said bill be amended as follows:

1131fa
     On page 2, line 11 of the House engrossed bill, delete " number of gallons of " .

     And that as so amended said bill do pass.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 3, 15, 32, 39, 46, 47, 50, 55, 56, 57, 61, 70, 77, 79, 81, 88, 118, 142, 184, and 219 were delivered to his Excellency, the Governor, for his approval at 10:32 a.m., February 28, 2007.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 6, 71, 73, 76, 93, 97, 103, 108, 111, 206, and 215 and finds the same correctly enrolled.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the SB 187 was lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 6 and 8 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 6, 71, 73, 76, 93, 97, 103, 108, 111, 206, and 215 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 31, 41, 53, 59, 74, 75, 87, and 100 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS


     Sen. Dennis Schmidt moved that the Committee on Health and Human Services be instructed to deliver HB 1296 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was not supported.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 1, the 35th legislative day.

     Which motion prevailed.

     Sen. Koetzle moved that the Senate do not concur in House amendments to SB 2 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Which motion prevailed and the President announced as such committee Sens. Ed Olson, Hunhoff, and Koetzle.

     Sen. Garnos moved that the Senate do not concur in House amendments to SB 195 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

     Sen. McCracken moved as a substitute motion that the Senate do concur in House amendments to SB 195.

     The question being on Sen. McCracken's substitute motion that the Senate do concur in House amendments to SB 195.

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Albers; Apa; Gant; Hansen (Tom); Heidepriem; Katus; Koetzle; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville); Turbak

     Nays:
Abdallah; Bartling; Dempster; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Maher; Nesselhuf; Peterson (Jim); Sutton; Two Bulls

     Excused:
Duenwald

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

     Sen. Garnos' motion prevailed and the President announced as such committee Sens. Garnos, McNenny, and Jim Peterson.

     Sen. Gray moved that the Senate do concur in House amendments to SB 159.

     The question being on Sen. Gray's motion that the Senate do concur in House amendments to SB 159.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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); Sutton; Turbak; Two Bulls

     Excused:
Duenwald

     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

     Education on HB 1082 as found on page 676 of the Senate Journal ; also

     Appropriations on HB 1101 as found on page 678 of the Senate Journal ; also

     Education on HB 1171 as found on page 677 of the Senate Journal be adopted.

     Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Maher requested that HB 1162 be removed from the Consent Calendar.

     HB 1113:   FOR AN ACT ENTITLED, An Act to   prohibit school districts from granting credit for distance learning courses offered through entities other than the South Dakota Virtual High School.

     Was read the second time.

     The question being "Shall HB 1113 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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); Sutton; Turbak; Two Bulls

     Excused:
Duenwald

     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 1126:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning municipal sewer service.

     Was read the second time.

     The question being "Shall HB 1126 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, 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); Sutton; Turbak; Two Bulls

     Excused:
Duenwald

     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 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 second time.

     The question being "Shall HB 1132 pass?"

     And the roll being called:


     Yeas 29, Nays 5, Excused 1, Absent 0

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

     Nays:
Apa; Greenfield; Kloucek; Napoli; Schmidt (Dennis)

     Excused:
Duenwald

     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 1060:   FOR AN ACT ENTITLED, An Act to   authorize the Department of Corrections to purchase real property, to make an appropriation therefor, and to declare an emergency.

     Having had its second reading was up for consideration and final passage.

     Sen. Apa moved that HB 1060 be deferred to Thursday, March 1, the 35th legislative day.

     Which motion prevailed.

     HB 1041:   FOR AN ACT ENTITLED, An Act to   revise the fees for cosmetology, nail technology, and esthetics.

     Was read the second time.

     The question being "Shall HB 1041 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Albers; Bartling; Dempster; 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:
Apa; Napoli


     Excused:
Duenwald

     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.

     HB 1063:   FOR AN ACT ENTITLED, An Act to   make an appropriation to fund state university information technology.

     Was read the second time.

     The question being "Shall HB 1063 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Abdallah; Albers; Apa; Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); Sutton; Turbak

     Nays:
Greenfield; Jerstad; Katus; Kloucek; Koetzle; Maher; Peterson (Jim); Two Bulls

     Excused:
Duenwald; Smidt (Orville)

     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.

     HB 1155:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning wholesale drug distributors.

     Was read the second time.

     The question being "Shall HB 1155 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Sutton; Turbak; Two Bulls

     Excused:
Duenwald; Smidt (Orville)

     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.

     HB 1176:   FOR AN ACT ENTITLED, An Act to   allow for grants from the revolving economic development and initiative fund, to revise certain provisions concerning the making of grants and loans from the revolving economic development and initiative fund, and to repeal the capital investment entity program, the value-added tourism subfund and the entrepreneur support program.

     Was read the second time.

     The question being "Shall HB 1176 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, 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); Sutton; Turbak; Two Bulls

     Excused:
Duenwald; Smidt (Orville)

     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 1249:   FOR AN ACT ENTITLED, An Act to   establish the teen court grant program, to require the submission of a report, to provide for its purpose and to declare an emergency.

     Was read the second time.

1249jb
     Sen. Bartling moved that HB 1249 be further amended as follows:
     On page 2, line 12 of the Senate Judiciary Committee engrossed bill, after " . " insert "The fund may only be used to award grants to teen court programs established after June 30, 2007."

     Which motion prevailed.

     The question being "Shall HB 1249 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, 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; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Sutton; Turbak; Two Bulls

     Nays:
Napoli

     Excused:
Duenwald; Smidt (Orville)

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed.

     The question being on the title.

     Sen. Bartling moved that the title to HB 1249 be amended as follows:

     On page 1, line 2 of the Senate Judiciary Committee engrossed bill, after " purpose " insert "and funding,".

     Which motion prevailed and the title was so amended.

     HB 1290:   FOR AN ACT ENTITLED, An Act to   provide for an Office of Indian Education and an Indian Education Advisory Council and to establish certain provisions to enhance Indian education in the state.

     Was read the second time.

     The question being "Shall HB 1290 pass as amended?"

     And the roll being called:

     Yeas 28, Nays 3, Excused 4, Absent 0

     Yeas:
Albers; Bartling; Dempster; Garnos; Gray; 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); Sutton; Turbak; Two Bulls

     Nays:
Apa; Greenfield; Napoli

     Excused:
Abdallah; Duenwald; Gant; Smidt (Orville)

     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. 7.

MESSAGE FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1138, 1196, 1205, and 1279.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS


     The President publicly read the title to

     SB 6: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the election procedures for political parties.

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

     SB 73: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning precinct boundaries and polling places.

     SB 76: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding health care decisions by agents.

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

     SB 97: FOR AN ACT ENTITLED, An Act to  revise certain miscellaneous provisions of the trust statutes.

     SB 103: FOR AN ACT ENTITLED, An Act to  provide for the appointment of members of the Brand Board by district.

     SB 108: FOR AN ACT ENTITLED, An Act to  provide for the continuation of certain health insurance coverage for dependents.

     SB 111: FOR AN ACT ENTITLED, An Act to  codify legislation enacted in 2006.

     SB 125: FOR AN ACT ENTITLED, An Act to  allow an abandoned mobile home or manufactured home to be moved under certain conditions and to require property taxes to be abated on certain abandoned mobile homes and manufactured homes.

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

     SB 215: FOR AN ACT ENTITLED, An Act to  eliminate certain filings with the Department of Social Services in adoption cases in which the children are not in the custody of the department.

     HB 1067: FOR AN ACT ENTITLED, An Act to  revise certain reversion provisions regarding an appropriation to the South Dakota Energy Infrastructure Authority.

     HB 1140: FOR AN ACT ENTITLED, An Act to  require an annual adjustment to the general fund levies of a school district by reducing local effort by nine million dollars from funds deposited in the property tax reduction fund from the tax on cigarettes and other tobacco products.

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

     HB 1183: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the use of a transporter license plate.

     HB 1189: FOR AN ACT ENTITLED, An Act to  require certain children to be in booster seats when in motor vehicles.

     HB 1241: FOR AN ACT ENTITLED, An Act to  allow the Board of Regents to sell certain used computers through university bookstores and to declare an emergency.

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

     HB 1246: FOR AN ACT ENTITLED, An Act to  make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     HB 1258: FOR AN ACT ENTITLED, An Act to  create an intensive methamphetamine treatment program and revise the General Appropriations Act for fiscal year 2007, and to declare an emergency.

     HB 1271: FOR AN ACT ENTITLED, An Act to  create a drug court program in the Unified Judicial System and make an appropriation therefor.

     And signed the same in the presence of the Senate.

     Sen. Heidepriem moved that the Senate do now adjourn, which motion prevailed and at 3:30 p.m. the Senate adjourned.

Trudy Evenstad, Secretary