JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



THIRTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 28, 2008

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

     The prayer was offered by the Chaplain, Pastor Diane Jackson, followed by the Pledge of Allegiance led by Senate page Heather Weber and Annie Maciejewski.

     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 twelfth 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 Judiciary respectfully reports that it has had under consideration SB 77, 93, and 133 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 83 and 85 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 Judiciary respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill be amended as follows:

102ja

     On page 3, line 2, of the printed bill, delete " ; ".

     On page 3, delete lines 3 to 6, inclusive.

     On page 3, line 7, delete everything before "."

     On page 4, line 8, delete " one " and insert " fifty ".

     On page 4, line 9, delete " hundred ".

     On page 4, line 18, delete " one hundred " and insert " fifty ".

     On page 5, line 3, delete " one hundred " and insert " fifty ".

     On page 5, line 8, delete " two " and insert " one ".

     On page 5, line 10, delete " two " and insert " one ".

     On page 5, line 16, delete " two " and insert " one ".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 104, 141, and 144 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 92 and HB 1007 and 1011 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 Taxation respectfully reports that it has had under consideration SB 198 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1019 and 1020 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1021, 1022, 1023, 1024, and 1025 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Orville B. Smidt, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  188 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB190 and returns the same with the recommendation that said bill be amended as follows:

190ta

     On page 2, line 12, of the printed bill, delete "Bureau of Finance and Management" and insert "collection of the fee shall cease. If the balance in the fund becomes less than five million dollars, collection of the fee shall resume."

     On page 2, delete lines 13 and 14.

    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 SB  75, 91, and 121 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 82 and 199 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

95ja

    On page 1, line 12, of the printed bill, overstrike everything after "."

    On page 1, overstrike lines 13 and 14.

95jta

     On page 1, line 2, of the printed bill, delete "property".
    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill be amended as follows:

163ta

     On page 1, line 11, of the printed bill, delete " registered to vote ".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 78 and 98 which were deferred to the 36th Legislative Day.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Government Operations and Audit respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 200 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 88, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 89 which was tabled.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1056 and 1119 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1001: A CONCURRENT RESOLUTION, Requesting the Department of Game, Fish and Parks to give Martha Smith of Fairburn, South Dakota, the hide of a mountain lion she recently killed.

     Was read the first time, the President waived the referral to committee, and placed HCR1001 on the calendar of Tuesday, January 29, the 14th legislative day.

     Sen. Heidepriem moved that the Committee on Education be instructed to deliver SB 122 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

CONSIDERATION OF REPORTS OF COMMITTEE

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

     Appropriations on SB 49 as found on page 214 of the Senate Journal ; also

     Appropriations on SB 57 as found on page 214 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions related to holds on livestock sales and the transporting of livestock out of the ownership inspection area.

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

     HB 1119: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2007.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that SB 107 be deferred to Tuesday, January 29, the 14th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 126 be deferred to Wednesday, January 30, the 15th legislative day.

     Which motion prevailed.

     SB 51: FOR AN ACT ENTITLED, An Act to revise certain terminology, licensing requirements, and procedures regarding the Board of Examiners of Psychologists.

     Was read the second time.

51ja
     Sen. Ed Olson moved that SB 51 be amended as follows:

         On page 8 of the printed bill, delete lines 7 to 24, inclusive.

         On page 9, delete lines 1 to 4, inclusive.

     Which motion prevailed.

     The question being "Shall SB 51 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 96: FOR AN ACT ENTITLED, An Act to provide for the issuance of landowner- sponsored big game hunting licenses.

     Was read the second time.

     The question being "Shall SB 96 pass?"

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent 0

     Yeas:
Apa; Bartling; Duenwald; Hundstad; Katus; Lintz; Maher; McNenny; Napoli; Schmidt (Dennis)

     Nays:
Abdallah; Albers; Dempster; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hunhoff; Jerstad; Kloucek; Knudson; Koetzle; McCracken; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

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

     SB 151: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the purchase price and determining just compensation for electric facilities in areas annexed by municipalities.

     Was read the second time.

151fc
     Sen. Tom Hansen moved that SB 151 be further amended as follows:

         On page 2, line 10, of the Senate Local Government Committee engrossed bill, after " . " insert " However, no compensation for service rights within the area annexed may extend more than seventeen years from the date compensation is initially paid to the displaced utility. "

         On page 2, delete lines 11 to 19, inclusive, and insert:

    "Section 2. An electric utility and a municipality may agree to a negotiated cash consideration in lieu of the compensation formula provided in subdivisions 49-34A-50(1), (2), and (3). The agreement shall be filed with the Public Utilities Commission as evidence of the negotiated consideration. Any agreement reached pursuant to this section may only be applied to the annexed area identified in the agreement and may not be considered as evidence of a master agreement applying to any past or future annexation unless so designated in the agreement."

     Which motion prevailed.

     The question being "Shall SB 151 pass as amended?"

     And the roll being called:

     Yeas 19, Nays 16, Excused 0, Absent 0

     Yeas:
Albers; Apa; Bartling; Duenwald; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis)

     Nays:
Abdallah; Dempster; Gant; Garnos; Gray; Greenfield; Heidepriem; Hoerth; Hundstad; Maher; Nesselhuf; Peterson (Jim); 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. Gray announced his intention to reconsider the vote by which SB 151 passed.

     SB 7: FOR AN ACT ENTITLED, An Act to make an appropriation for the renovation of the National Guard armory in Yankton and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 7 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 24: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain school districts for consolidation incentives.

     Was read the second time.

     The question being "Shall SB 24 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 28: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements

of the physician tuition reimbursement program, the midlevel tuition reimbursement program, or the dental tuition reimbursement program.

     Was read the second time.

     The question being "Shall SB 28 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); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Peterson (Jim)

     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.

     SB 29: FOR AN ACT ENTITLED, An Act to make an appropriation to fund a dental externship program.

     Was read the second time.

     The question being "Shall SB 29 pass?"

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

     Excused:
Abdallah; Peterson (Jim)

     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.

     SB 47: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 47 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 48: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

     Was read the second time.

     Sen. Heidepriem moved that SB 48 be deferred to Wednesday, January 30, the 15th legislative day.

     Which motion prevailed.

     SB 55: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to convey a tract of land in Pennington County to the United States Air Force and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 55 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 two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 58: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish Seymour Hall at Northern State University.

     Was read the second time.

     The question being "Shall SB 58 pass?"

     And the roll being called:

     Yeas 33, Nays 2, 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; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Nays:
Kloucek; Koetzle

     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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1018: FOR AN ACT ENTITLED, An Act to refund special fuel taxes under certain circumstances.

     Was read the second time.

     The question being "Shall HB 1018 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.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 123 and returns the same with the recommendation that said bill be amended as follows:

123ra
         On page 1, between lines 4 and 5 of the printed bill, insert:

    "(1)    "Industrial or commercial account," any person or business, including a scrap metal business, operating from a fixed location, that sells nonferrous metal to a scrap metal recycler pursuant to a contractual arrangement or agreement;".

         On page 1, line 5, delete "(1)" and insert "(2)".

         On page 1, line 6, delete "(2)" and insert "(3)".

         On page 1, line 9, after "containers" insert ", except for a beer keg".

         On page 1, line 10, delete "(3)" and insert "(4)".

         On page 1, line 11, delete "(4)" and insert "(5)".

         On page 1, line 13, delete "(5)" and insert "(6)".

         On page 2, line 1, after "." insert "A transaction does not include a sale or trade involving any industrial or commercial account."

         On page 2, delete lines 10 and 11.

         On page 2, line 12, delete "(5)" and insert "(4)".

         On page 2, line 13, after "or" insert ", if no number is available,".

         On page 2, line 15, delete "(6)" and insert "(5)".

         On page 2, line 16, delete everything after "including" .

         On page 2, delete line 17.

         On page 2, line 18, before "the weight" delete "and".

         On page 2, line 19, delete "(7)" and insert "(6)".

         On page 3, delete line 2.

         On page 3, line 3, delete "property."

         On page 3, line 4, delete "and sign the declaration accordingly".

123ja

         On page 1, line 8, of the printed bill, after "zinc," insert "platinum, rhodium, palladium,".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 175 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

136ra

         On page 3 of the printed bill, delete lines 12 to 17, inclusive.

         On page 5, after line 11, insert:

    "Section 8. There is hereby appropriated from the general fund the sum of ninety-five thousand dollars ($ 95,000 ), or so much thereof as may be necessary, and 2.0 FTE to the Office of the Attorney General to administer the provisions of this Act.

         Section 9. The attorney general shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

         Section 10. Any amounts appropriated in this Act not lawfully expended or obligated by June  30, 2009 , shall revert in accordance with the procedures prescribed in chapter 4-8."

136rta

         On page 1, line 3, of the printed bill, after "entities," insert "to make an appropriation therefor,".

        And that as so amended said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 105 which was deferred to the 36th Legislative Day.

Respectfully submitted,
Gene G. Abdallah, Chair

     Sen. Hunhoff moved that the Senate do now adjourn, which motion prevailed and at 3:23 p.m. the Senate adjourned.

Trudy Evenstad, Secretary