Senate Journal 1/31/2008 01:00 PM

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fifteenth day and finds that the following corrections should be made:

    On page 272, line 19, strike "as amended on page 232 of the Senate Journal".
    On line 20, strike "as".
    On line 22, strike "amended".
    On page 273, line 4, strike "as amended".

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

REPORTS OF STANDING COMMITTEES

The Committee on Transportation respectfully reports that it has had under consideration HB 1014 and 1038 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on Transportation respectfully reports that it has had under consideration SB 167 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1043 and returns the same with the recommendation that said bill be amended as follows:

1043ta

On page 1, line 9, of the printed bill, after "sixty" insert " consecutive ".

On page 1, line 10, after " ~~contract~~ " insert " during any calendar year ".

On page 1, line 11, delete "days" and insert " consecutive days during any calendar year ".

And that as so amended said bill do pass.

Respectfully submitted,
Jay Duenwald, Chair

Respectfully submitted,
Royal "Mac" McCracken, Chair

The Committee on Commerce respectfully reports that it has had under consideration HB 1003 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 177 and 202 and HB 1002, 1004, and 1013 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 Commerce respectfully reports that it has had under consideration SB 119 which was tabled.

MESSAGE FROM THE HOUSE

I have the honor to transmit herewith HB 1067, 1080, 1081, 1082, 1083, 1122, 1130, 1135, 1137, 1149, 1168, 1191, 1194, 1211, 1213, 1240, 1241, and 1312 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 Introduced by: Senators 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-third Legislature of the State of South Dakota to Mitchell Aman, Andrea Beierlein, Alex Beres, Shantel Gassman, Kyle Kepplinger, Kayla Lapka, Annie Maciejewski, Alexis Perry, Karla Rokusek, and Heather Weber.

WHEREAS, the above named served loyally as pages for the Senate of the Eighty-third Legislative Session; and

WHEREAS, the members of the Eighty-third Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-third Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Knudson moved that Senate Page Resolution No. 2 be adopted.

The question being on Sen. Knudson's motion that Senate Page Resolution No. 2 be adopted.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

Yesterday, Sen. Kloucek announced his intention to reconsider the vote by which SB 107 passed.

Sen. Kloucek moved that the Senate do now reconsider the vote by which SB 107 passed.

The question being on Sen. Kloucek's motion to reconsider the vote by which SB 107 passed.

Yeas 10, Nays 24, Excused 1, Absent 0

Yeas:
Apa; Duenwald; Greenfield; Heidepriem; Hoerth; Katus; Kloucek; Koetzle; Maher; Turbak Berry

Nays:
Abdallah; Albers; Bartling; Dempster; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hauge; Hunhoff; Jerstad; Knudson; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Two Bulls

Excused:
Hundstad

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

SCR 5: A CONCURRENT RESOLUTION, Urging the Midwest Independent System Operator to reconsider its pricing methodology with respect to certain energy transmission costs.

Sen. Sutton moved that SCR 5 be amended as follows:

scr5ta

On page 2 of the printed resolution, delete lines 14 to 19, inclusive.

SCR 6 Introduced by: Senators Smidt (Orville), Albers, Bartling, Dempster, Duenwald, Hansen (Tom), Hundstad, Hunhoff, Jerstad, Katus, Kloucek, Knudson, Lintz, Maher, McCracken, McNenny, Napoli, Nesselhuf, Peterson (Jim), Schmidt (Dennis), and Two Bulls and Representatives Pitts, Ahlers, Brunner, Cutler, Dennert, DeVries, Dykstra, Engels, Faehn, Glenski, Halverson, Jerke, Kirkeby, Koistinen, Krebs, Lucas, Lust, Miles, Moore, Nelson, Noem, Novstrup (Al), Novstrup (David), Olson (Betty), Olson (Russell), Rausch, Rhoden, Rounds, Thompson, Vehle, Weems, and Willadsen

Sen. Sutton moved that SCR 5 as found on page 273 of the Senate Journal be adopted as amended on page 293 of the Senate Journal.

The question being on Sen. Sutton's motion that SCR 5 be adopted as amended.

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Napoli; Nesselhuf; Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

Excused:
Apa; Olson (Ed)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted as amended.

A CONCURRENT RESOLUTION, Recognizing the Boys and Girls Clubs of the South Dakota Alliance and commending the individuals, communities, and tribes that financially support the clubs.

WHEREAS, the South Dakota Alliance is made up of fourteen Boys and Girls Clubs and their units. These clubs serve as youth development centers for communities and their youth in the first grade through the twelfth grade; and

WHEREAS, these clubs serve 12,070 youth in South Dakota, impacting 1,724 youth per day during the school year and 1,781 youth per day during the summer; and

WHEREAS, the Boys and Girls Clubs provide a safe place to learn and grow, ongoing relationships with caring, adult professionals, life-enhancing programs, character development experiences, hope, and opportunity; and

WHEREAS, the young people of South Dakota are tomorrow's leaders; and

WHEREAS, the Boys and Girls Clubs of South Dakota are the premier organizations for youth in inspiring and enabling all young people to realize their full potential as productive, responsible, and caring citizens; and

WHEREAS, the Boys and Girls Clubs of South Dakota are at the forefront of efforts in character and leadership, education and career development, health and life skills, the arts, and sports, fitness, and recreation; and

WHEREAS, the Boys and Girls Clubs of South Dakota focus on prevention and excel at reaching youth at a young age about the risk and consequences of alcohol, drug, and tobacco use and criminal activity; and

WHEREAS, individuals, communities, and tribes have made financial investments in their local Boys and Girls Clubs:

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 the Boys and Girls Clubs of the South Dakota Alliance be recognized for their valuable service to the youth of the state and that the private sources of financial support be commended on their financial investments in Boys and Girls Clubs.

Was read the first time, the President waived the referral to committee, and placed SCR 6 on the calendar of Monday, February 4, the 17^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 40 as found on page 269 of the Senate Journal ; also

Health and Human Services on SB 114 as found on page 286 of the Senate Journal ; also

State Affairs on SB 143 as found on page 269 of the Senate Journal ; also

Health and Human Services on SB 161 as found on page 285 of the Senate Journal ; also

Judiciary on SB 172 as found on page 271 of the Senate Journal ; also

Local Government on HB 1026 as found on page 268 of the Senate Journal ; also

Taxation on HB 1182 as found on page 271 of the Senate Journal be adopted.

Sen. Koetzle moved that the words "without recommendation" be stricken from the report of the Committee on Commerce on SB 195 as found on page 268 of the Senate Journal, that the words "with the recommendation that said bill do pass" be inserted, and that SB 195 be placed on the calendar of Monday, February 4, the 17^th legislative day.

The question being on Sen. Koetzle's motion that the words "without recommendation" be stricken from the report of the Committee on Commerce on SB 195, that the words "with the recommendation that said bill do pass" be inserted, and that SB 195 be placed on the calendar of Monday, February 4, the 17^th legislative day.

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Bartling; Hanson (Gary); Heidepriem; Hoerth; Hundstad; Jerstad; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Peterson (Jim); Sutton; Turbak Berry; Two Bulls

Nays:
Abdallah; Albers; Apa; Dempster; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hauge; Hunhoff; Knudson; Lintz; McCracken; McNenny; Napoli; Olson (Ed); Schmidt (Dennis); Smidt (Orville)

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 203 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1067: FOR AN ACT ENTITLED, An Act to make an appropriation to defray operation costs of the 24/7 sobriety program and to declare an emergency.

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

HB 1080: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a student athlete development center on the campus of South Dakota State University and to make an appropriation therefor.

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

HB 1081: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace storage facilities at the Cottonwood Agricultural Experiment Station and to make an appropriation therefor.

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

HB 1082: FOR AN ACT ENTITLED, An Act to revise the appropriation for a new dairy manufacturing plant at South Dakota State University.

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

HB 1083: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct a new public restroom facility at McCrory Gardens on the campus of South Dakota State University and to make an appropriation therefor.

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

HB 1122: FOR AN ACT ENTITLED, An Act to increase the jurisdictional amount in certain civil actions and small claims proceedings.

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

HB 1130: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the implementation by the court of the standard visitation guidelines.

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

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to filing petitions for protection and to declare an emergency.

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

HB 1137: FOR AN ACT ENTITLED, An Act to adopt the Model Registered Agents Act.

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

HB 1149: FOR AN ACT ENTITLED, An Act to extend the period of time a protection order granted upon a finding of domestic abuse may remain in effect.

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

HB 1168: FOR AN ACT ENTITLED, An Act to clarify the penalty applicable to violations of certain no contact orders.

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

HB 1191: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of customized motorcycles at certain events.

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

HB 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding group life insurance policies.

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

HB 1211: FOR AN ACT ENTITLED, An Act to revise the audit requirements for farm mutual insurers.

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

HB 1213: FOR AN ACT ENTITLED, An Act to provide a uniform standard for processing of accident and health carrier policy rate and form filings.

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

HB 1240: FOR AN ACT ENTITLED, An Act to increase certain vehicle dealer license fees.

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

HB 1241: FOR AN ACT ENTITLED, An Act to provide licensed dealers additional time to deliver a title under certain conditions.

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

HB 1312: FOR AN ACT ENTITLED, An Act to change the South Dakota virtual high school to the South Dakota virtual school.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 112: FOR AN ACT ENTITLED, An Act to revise eligibility requirements for continuation of health care coverage.

The question being "Shall SB 112 pass?"

SB 129: FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for group health policies.

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.

The question being "Shall SB 129 pass?"

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

The question being "Shall HB 1010 pass as amended?"

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

The question being "Shall HB 1105 pass?"

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 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.

The question being "Shall HB 1125 pass?"

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 108: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the directional sign program for certain business establishments located near an interstate or primary highway.

The question being "Shall SB 108 pass as amended?"

Yeas 6, Nays 29, Excused 0, Absent 0

Yeas:
Albers; Bartling; Dempster; Hansen (Tom); Kloucek; Peterson (Jim)

Nays:
Abdallah; Apa; Duenwald; Gant; Garnos; Gray; Greenfield; Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Knudson; Koetzle; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schmidt (Dennis); 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 130: FOR AN ACT ENTITLED, An Act to provide for a property tax levy to fund the health insurance benefits of school district employees and to create a school district health insurance fund.

The question being "Shall SB 130 pass?"

Yeas 3, Nays 32, Excused 0, Absent 0

Yeas:
Dempster; Koetzle; Olson (Ed)

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

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

SB 173: FOR AN ACT ENTITLED, An Act to exempt certain dairies from the restrictions of the Family Farm Act.

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

Yeas 26, Nays 8, Excused 1, Absent 0

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

Nays:
Apa; Bartling; Katus; Kloucek; Koetzle; Maher; Nesselhuf; Two Bulls

Excused:
Hundstad

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 1012 and 1027 be deferred to Monday, February 4, the 17^th legislative day.

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

REPORTS OF STANDING COMMITTEE

The Committee on Appropriations respectfully reports that it has had under consideration SB 109 and returns the same with the recommendation that said bill do pass.