JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



TWELFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 25, 2008

     The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Auggie Mintzlaff, followed by the Pledge of Allegiance led by Senate page Mitchell Aman.

     Roll Call: All members present except Sen. Two Bulls 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 eleventh 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 Taxation respectfully reports that it has had under consideration SB 66, 159, and 191 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  71, 118, 168, and 178 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 7, 24, 28, 29, 47, 48, 55, and 58 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 SB 49 and returns the same with the recommendation that said bill be amended as follows:

49aa

    On page 1, line 4, of the printed bill, delete "one million eight" and insert "four million fifty-six thousand two hundred seventy-eight dollars ($4,056,278)".

    On page 1, line 5, delete everything before "," .

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

57ma

    On page 1 of the printed bill, delete line 15.

    On page 2, delete lines 1 to 8, inclusive.

    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 56 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Jerry Apa, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1010, 1013, 1042, 1043, 1061, 1070, 1078, 1093, 1096, 1105, 1125, 1134, 1182, and 1186 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     SCR 4  Introduced by:  Senators Olson (Ed) and Napoli and Representatives Heineman, Carson, Cutler, Dennert, Gillespie, Glenski, Haverly, Hills, Noem, Novstrup (David), Olson (Russell), Pitts, Rausch, and Wick

         A CONCURRENT RESOLUTION,  Urging the United State Congress to remove Section 132 from the College Opportunity and Affordability Act of 2007 before its final passage.

     WHEREAS,  the Maintenance of Effort provision in Section 132 of the College Opportunity and Affordability Act of 2007 now before the United States House of Representatives would punish states for not maintaining or increasing higher education funding appropriations; and

     WHEREAS,  this would place the federal government in charge of determining if state legislatures and governors have adequately funded higher education; and
     WHEREAS,  this mandate in higher education would set a dangerous precedent for federal intrusion into state policy and appropriations authority; and

     WHEREAS,  state legislators are also concerned with the rising cost of higher education and are committed to making higher education affordable for all citizens; and

     WHEREAS,  state budgeting decisions should be made by state officials, not the United States Secretary of Education:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that Congress be urged to strike Section 132 from the College Opportunity and Affordability Act of 2007 before sending the final bill to the President of the United States to sign into law.

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

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

     Sen. Olson moved that the Senate do now reconsider the vote by which SB 126 lost.

     The question being on Sen. Olson's motion to reconsider the vote by which SB 126 lost.

     And the roll being called:

     Yeas 20, Nays 14, Excused 1, Absent 0

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

     Nays:
Abdallah; Albers; Apa; Duenwald; Garnos; Greenfield; Hauge; Hoerth; Kloucek; Koetzle; Lintz; McNenny; Napoli; Schmidt (Dennis)

     Excused:
Two Bulls

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 126 was up for reconsideration and final passage.

     Sen. Ed Olson moved that SB 126 be deferred to Monday, January 28, the 13th legislative day.

     Which motion prevailed.


     Sen. Duenwald moved that the Committee on Health and Human Services be instructed to deliver SB 88 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported and the committee was so instructed.

     Sen. Tom Hansen moved that SB 130 be referred from the Committee on Health and Human Services to the Committee on Taxation.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1010: FOR AN ACT ENTITLED, An Act to define telecommunication services for taxation purposes.

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

     HB 1013: FOR AN ACT ENTITLED, An Act to remove certain waiting periods for property casualty filings.

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

     HB 1042: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the definition of residency and the issuance of resident hunting, fishing, and trapping licenses.

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

     HB 1043: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exemptions to the boat numbering requirement.

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

     HB 1061: FOR AN ACT ENTITLED, An Act to revise the penalty for the distribution or possession with intent to distribute marijuana to a minor.

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

     HB 1070: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

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

     HB 1078: FOR AN ACT ENTITLED, An Act to transfer in the code a section requiring certification for chemical dependency counselors and prevention specialists.

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

     HB 1093: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the custody, service, and earnings of children.

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

     HB 1096: FOR AN ACT ENTITLED, An Act to authorize the court appointment of parenting coordinators in certain custody and visitation disputes.

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

     HB 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the recording and indexing of homestead descriptions.

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

     HB 1125: FOR AN ACT ENTITLED, An Act to permit the local board of equalization to remain in session for a sufficient period of time to consider property assessment appeals.

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

     HB 1134: FOR AN ACT ENTITLED, An Act to revise the compensation of the members of recount boards.

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

     HB 1182: FOR AN ACT ENTITLED, An Act to revise certain provisions related to property tax assessments for elderly and disabled persons.

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


      HB 1186: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the opportunity scholarship by allowing a student to take the ACT or SAT test after graduating from high school.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Kloucek requested that HB 1018 be removed from the Consent Calendar.

     SB 103: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the use of replacement crash parts in the repair of certain motor vehicles.

     Was read the second time.

     The question being "Shall SB 103 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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 128: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the modification of credit card agreements.

     Was read the second time.

     The question being "Shall SB 128 pass?"

     And the roll being called:


     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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 157: FOR AN ACT ENTITLED, An Act to revise the surety bond requirements for persons employed by mortgage brokerages.

     Was read the second time.

     The question being "Shall SB 157 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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.

     HB 1039: FOR AN ACT ENTITLED, An Act to remove a segment of State Highway 25 in Hanson County from the state trunk highway system.

     Was read the second time.

     The question being "Shall HB 1039 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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.

     HB 1040: FOR AN ACT ENTITLED, An Act to remove a segment of State Highway 314 in Yankton County from the state trunk highway system.

     Was read the second time.

     The question being "Shall HB 1040 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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.

     HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the calculation of state aid to special education.

     Was read the second time.

     The question being "Shall HB 1045 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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.

     HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding Indian education.

     Was read the second time.

     The question being "Shall HB 1050 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Greenfield

     Excused:
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 96 and 151 be deferred to Monday, January 28, the 13th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 134 and 152 be referred to the Committee on Government Operations and Audit.

     Which motion prevailed.

     SB 155: FOR AN ACT ENTITLED, An Act to provide state aid to education to certain school districts for certain students.

     Was read the second time.

     The question being "Shall SB 155 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; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Excused:
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 156: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special motor vehicle license plates for veterans with a disability, prisoners of war, Pearl Harbor survivors, and Purple Heart recipients.

     Was read the second time.

     The question being "Shall SB 156 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Hoerth; 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 158: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the supervision, rehabilitation, and liquidation of insurers.

     Was read the second time.

     The question being "Shall SB 158 pass?"

     And the roll being called:

     Yeas 33, Nays 1, 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; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry

     Nays:
Kloucek

     Excused:
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. Hauge moved that the Senate do now adjourn, which motion prevailed and at 1:43 p.m. the Senate adjourned.

Trudy Evenstad, Secretary