JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



ELEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 24, 2008

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

     The prayer was offered by the Chaplain, Rev. Michele Bradley, followed by the Pledge of Allegiance led by Senate page Karla Rokusek.

     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 tenth 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.
COMMUNICATIONS AND PETITIONS

January 23, 2008

The Honorable Dennis Daugaard
President, South Dakota Senate
500 East Capitol Ave
Pierre, SD 57501-5070

Dear Mr. President Daugaard and Members of the Senate:

    Pursuant to SDCL 23-28B-3 and SDCL 23A-28-5, Chief Justice David Gilbertson has reappointed Lynnette B. Eiseman, a Court Service Officer of the Fourth Judicial Circuit, to a three-year term on the Crime Victims' Compensation Commission. The reappointment commences on July 1, 2008, and expires on June 30, 2011.

    This reappointment, pursuant to SDCL 23-28B-3, is subject to the advice and consent of the Senate. Accordingly, we hereby request that you submit said reappointment to the Senate for consent during the Legislative Session.

    Thank you for your cooperation. We will await your advice as to the Senate's action with regard to this reappointment.

Very truly yours,
Shirley A. Jameson-Fergel

    The President announced the referral of the reappointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 88 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  155 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB  1045 and 1050 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 Education respectfully reports that it has had under consideration SB  79, 122, and 154 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1018, 1039, and 1040 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 Transportation respectfully reports that it has had under consideration SB 147 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  158 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB  103, 128, and 157 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 96, 134, and 152 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 138 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Jay Duenwald, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1014, 1037, 1044, 1062, 1088, 1097, 1109, and 1113 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORT OF COMMITTEE

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

     Local Government on SB 151 as found on page 185 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 201  Introduced by:  The Committee on Education at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to revise certain eligibility requirements for the South Dakota opportunity scholarship.

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

     SB 202  Introduced by:  The Committee on Commerce at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to prohibit certain military sales practices for life insurance and annuities.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1014: FOR AN ACT ENTITLED, An Act to stagger the licensing of snowmobiles and boats.

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

     HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding action on medical claims for workers' compensation and to establish a administrative fine for delays regarding these medical claims.

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

     HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the teacher compensation assistance program.

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

     HB 1062: FOR AN ACT ENTITLED, An Act to include officers of the National Park Service in the definition of a federal law enforcement officer.

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


      HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to temporary custody prior to divorce or separate maintenance.

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

     HB 1097: FOR AN ACT ENTITLED, An Act to provide for the imposition of certain sanctions against parties who willfully do not comply with custody or visitation decrees.

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

     HB 1109: FOR AN ACT ENTITLED, An Act to repeal the state lottery investigation fund and the authority of the state lottery to contract with the attorney general for certain services.

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

     HB 1113: FOR AN ACT ENTITLED, An Act to provide minimum notice requirements to persons who lease real property for their own mobile or manufactured homes.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 97: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding property condition disclosure statements.

     Was read the second time.

     The question being "Shall SB 97 pass as amended?"

     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 Berry; Two Bulls

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.


      SB 131: FOR AN ACT ENTITLED, An Act to provide for the maintenance and safeguarding of voter registration records.

     Was read the second time.

     The question being "Shall SB 131 pass?"

     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 Berry; Two Bulls

     So the bill having received an affirmative vote of a majority of the members present, the President declared the bill passed and the title was agreed to.

     SB 140: FOR AN ACT ENTITLED, An Act to revise the application requirements for property tax exemptions provided for dwellings owned and occupied by disabled veterans.

     Was read the second time.

     The question being "Shall SB 140 pass?"

     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 Berry; Two Bulls

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that SB 51 and 107 be deferred to Monday, January 28, the 13th legislative day.

     Which motion prevailed.

     SB 10: FOR AN ACT ENTITLED, An Act to include Dakota and Nakota with certain requirements for instruction in the Lakota language.

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

     The question being "Shall SB 10 pass?"

     And the roll being called:

     Yeas 31, Nays 4, 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; Maher; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

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

     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 35: FOR AN ACT ENTITLED, An Act to establish fair claims standards and procedures for property casualty insurance claims.

     Was read the second time.

     The question being "Shall SB 35 pass as amended?"

     And the roll being called:

     Yeas 26, Nays 9, Excused 0, Absent 0

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

     Nays:
Apa; Duenwald; Greenfield; Hansen (Tom); Hunhoff; Lintz; McNenny; Napoli; Schmidt (Dennis)

     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 64: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the regulation of recreational park trailers.

     Was read the second time.

     The question being "Shall SB 64 pass as amended?"

     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 Berry; Two Bulls

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 65: FOR AN ACT ENTITLED, An Act to define intentional exposure to HIV infection by sexual intercourse as a sex crime subject to registry as a sex offender.

     Was read the second time.

     The question being "Shall SB 65 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 Berry; 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.


      SB 69: FOR AN ACT ENTITLED, An Act to add marijuana to the list of abusive substances for the purposes of determining child abuse.

     Was read the second time.

     The question being "Shall SB 69 pass?"

     And the roll being called:

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

     Nays:
Apa; 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 84: FOR AN ACT ENTITLED, An Act to revise certain miscellaneous provisions of the trust statutes.

     Was read the second time.

     The question being "Shall SB 84 pass?"

     And the roll being called:

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

     Excused:
Abdallah

     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 111: FOR AN ACT ENTITLED, An Act to extend the prohibition of road hunting of big game to include hunting using certain additional weapons.

     Was read the second time.

     The question being "Shall SB 111 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; 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 Berry; Two Bulls

     Nays:
Greenfield

     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 126: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to issue additional on-sale alcoholic beverage licenses and to compensate certain existing on-sale license holders.

     Was read the second time.

126fa
     Sen. Apa moved that SB 126 be amended as follows:

         On page 4, after line 1 of the printed bill, insert:

    "Section 5. The provisions of this Act do not apply to any municipality that has procured a license for the sale of alcoholic beverages pursuant to chapter 35-3."

     Sen. Ed Olson requested a roll call vote.

     Which request was supported.

    The question being on Sen. Apa's motion that SB 126 be amended.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0


     Yeas:
Abdallah; Albers; Apa; Bartling; Duenwald; Gant; Gray; Greenfield; Hauge; Kloucek; Koetzle; Maher; McNenny; Napoli; Schmidt (Dennis)

     Nays:
Dempster; Garnos; Hansen (Tom); Hanson (Gary); Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Lintz; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

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

     The question now being "Shall SB 126 pass?"

     And the roll being called:

     Yeas 16, Nays 19, Excused 0, Absent 0

     Yeas:
Dempster; Gant; Gray; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Katus; Knudson; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Abdallah; Albers; Apa; Bartling; Duenwald; Garnos; Greenfield; Hansen (Tom); Hauge; Hoerth; Hunhoff; Kloucek; Koetzle; Lintz; Maher; McNenny; Napoli; Schmidt (Dennis); Two Bulls

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

     Sen. Ed Olson announced his intention to reconsider the vote by which SB 126 lost.

     SB 127: FOR AN ACT ENTITLED, An Act to provide for a sales tax holiday on certain tangible personal property for going back to school.

     Was read the second time.

     The question being "Shall SB 127 pass?"

     And the roll being called:

     Yeas 14, Nays 21, Excused 0, Absent 0

     Yeas:
Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Napoli; Nesselhuf; Olson (Ed); Sutton; Turbak Berry; Two Bulls

     Nays:
Abdallah; Albers; Apa; Bartling; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Peterson (Jim); Schmidt (Dennis); Smidt (Orville)

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

     SB 139: FOR AN ACT ENTITLED, An Act to revise the definition for authorized emergency vehicles.

     Was read the second time.

     The question being "Shall SB 139 pass as amended?"

     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 Berry; Two Bulls

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     SB 148: FOR AN ACT ENTITLED, An Act to provide for a tax incentive for fuel blended with biodiesel.

     Was read the second time.

     The question being "Shall SB 148 pass?"

     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 Berry; Two Bulls

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 25, the 12th legislative day.

     Which motion prevailed.

     Sen. Tom Hansen moved that the Senate do now adjourn, which motion prevailed and at 4:02 p.m. the Senate adjourned.

Trudy Evenstad, Secretary