Senate Journal 2/7/2008 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 nineteenth 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

The President introduced Kelsey Kimbler, Junior Miss Aberdeen, and Amber Kolb, Miss Aberdeen, to the body.

HONORED GUESTS

COMMUNICATIONS AND PETITIONS

February 6, 2008

Mr. President and Members of the Senate:

I have the honor to inform you that on February 6, 2008, I approved Senate Bills 12 and 50, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

The Committee on Education respectfully reports that it has had under consideration HB 1044, 1186, and 1312 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on Education respectfully reports that it has had under consideration SB 125, which was reconsidered, which was tabled.

Respectfully submitted,
Ed Olson, Chair

The Committee on Transportation respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

On page 1, line 4, of the Senate Education Committee engrossed bill, delete "secondary".

The Committee on Appropriations respectfully reports that it has had under consideration SB 153 and HB 1144 and 1180 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 181 and returns the same with the recommendation that said bill be amended as follows:

181cb

On page 1, line 6, after "teacher" insert "or any special education teacher".

On page 1, line 8, after "education" insert "or in an educational cooperative".

On page 1, line 9, delete "secondary".

On page 2, line 4, after "both "district"" insert "or educational cooperative".

On page 2, line 8, after "district" insert "or educational cooperative".

On page 2, line 10, after "district" insert "or educational cooperative".

On page 2, line 17, after "six hundred" insert "and for any educational cooperative".

On page 2, line 17, after "district's" insert "or educational cooperative's".

On page 3, line 10, after "district" insert "or educational cooperative".

181cc

On page 2 of the Senate Education Committee engrossed bill, delete lines 12 to 15, inclusive.

On page 2, line 16, delete "(2)" and insert "(1)".

On page 2, line 16, delete everything after "that" and insert "has a fall enrollment".

On page 2, line 17, delete "hundred, but less than six hundred" and insert "of less than nine hundred".

On page 2, line 19, delete "(3)" and insert "(2)".

On page 2, line 19, delete "six" and insert "nine".

181ctb

On page 1, line 1, of the Senate Education Committee engrossed bill, after "Dakota" delete "secondary".

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

192mb

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 13-51-1.1 be amended to read as follows:

13-51-1.1. Notwithstanding any other provisions of law, the Board of Regents may enter into a lease agreement with the Sioux Falls public school district for the lease of a site to be used only for the delivery of public higher education programs and a lease agreement with the Capital University Center Foundation and Advisory Board for the lease of a site to be used for the delivery of public higher education programs . All such academic programs shall be directly provided by the following institutions:

(1) University of South Dakota;

(2) South Dakota State University;

(3) South Dakota School of Mines and Technology;

(4) Northern State University;

(5) Black Hills State University; or

(6) Dakota State University.

No postsecondary degrees may be awarded or conferred except by the above institutions.

The board may use funds annually appropriated by the Legislature from the higher education facilities fund, created in § 13-51-2, to make payments therefor. "

192mtb

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize the Board of Regents to lease a site for delivery of public higher education in Pierre and to use money appropriated by the Legislature from the higher education facilities fund to make lease payments therefor."

On page 1, delete line 2.

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

201ra

On page 1, delete lines 8 to 13, inclusive, and insert:

"(2) Have a composite score of 24 23 , or higher, on the test administered by the American College Testing Program or ~~a verbal-mathematics score of 1070-1100,~~ an equivalent score as determined by the Board of Regents on the Scholastic Assessment Test , and the ACT or SAT test shall be taken before the ~~student graduates from high school~~ first day of classes in the student's first term of enrollment. The requirement for a composite score of 23 applies to eligible students graduating from high school in 2008 or after ;

(3) Meet the high school course requirements for graduation from the distinguished high school program as provided in ~~Board of Regents Policy Number 2:3(2)(F)~~ section 24:43:11:05 of the Administrative Rules of South Dakota as in effect on January 1, ~~2003~~ 2008 ;".

On page 2, line 12, overstrike "or technical".

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 59 and HB 1068 which were deferred to the 36^th Legislative Day.

Respectfully submitted,
Jean Hunhoff, Vice Chair

On page 1, line 6, of the printed bill, after "49-41B" insert ", including any application that on the effective date of this Act is pending or for which no commission decision has been rendered,".

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1070 and 1071 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 HB 1112 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 138, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

138ta

On page 1, line 8, after "the transmission" insert "of".

On page 1, line 9, delete "or liquid hydrocarbon products" and insert "in the form of tar sand hydrocarbon crude oil".

On page 1, line 15, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 2, line 2, after "deposit." insert "As a condition of the continued effectiveness of the permit and operation of the facility, the permitee shall replace or restore the original security amount or such other amount as the department may determine to be necessary following a draw-down of funds for the implementation of any such corrective actions."

On page 2, line 5, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 2, line 6, delete "seven years after".

On page 2, line 7, delete "no" and insert "any".

On page 2, line 8, delete "remains" and insert "has been satisfactorily remediated and received a closure certification from the Department of Environment and Natural Resources as provided in section 3 of this Act. The inspection shall be conducted by the Department of Environment and Natural Resources or by an entity contracted by the department for that purpose".

On page 2, line 10, delete "Public Utilities" and insert "Department of Environment and Natural Resources".

On page 2, line 11, delete "Commission".

On page 2, line 18, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 2, line 20, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 3, line 3, after "remediation." insert "Nothing in this Act limits any pipeline owner's or operator's responsibility for taking prompt and effective remedial action pursuant to chapter 34A-12 or its liability for environmental or other damage caused by construction or operation of the pipeline to the amount of the security or otherwise."

On page 3, line 4, delete "Public Utilities Commission" and insert "Department of Environment and Natural Resources".

On page 3, line 6, after "amount" insert "and type".

On page 3, line 9, delete "commission" and insert "department".

And returns the same without recommendation.

Respectfully submitted,
Jay Duenwald, Chair

MESSAGES FROM THE HOUSE

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

I have the honor to transmit herewith HCR 1002 and 1003 which have been adopted by the House and your concurrence is respectfully requested.

I have the honor to transmit herewith HB 1016, 1047, 1069, 1129, 1221, 1222, 1223, 1247, 1255, 1258, 1274, and 1276 and HJR 1003 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1002: A CONCURRENT RESOLUTION, To commend Taiwan on its contributions to the promotion of freedom, democracy, and human rights, and to support its efforts to join certain international organizations.

Was read the first time, the President waived the referral to committee, and placed HCR 1002 on the calendar of Monday, February 11, the 21^st legislative day.

HCR 1003: A CONCURRENT RESOLUTION, Supporting a Taiwan-United States free trade agreement.

Was read the first time, the President waived the referral to committee, and placed HCR 1003 on the calendar of Monday, February 11, the 21^st legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 100 as found on page 352 of the Senate Journal ; also

Health and Human Services on SB 182 as found on page 355 of the Senate Journal ; also

State Affairs on SB 186 as found on page 352 of the Senate Journal ; also

State Affairs on SB 189 as found on page 353 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1016: FOR AN ACT ENTITLED, An Act to establish a new system of funding for the postsecondary technical institutes.

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

HB 1047: FOR AN ACT ENTITLED, An Act to make an appropriation to assist sparse school districts.

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

HB 1069: FOR AN ACT ENTITLED, An Act to make an appropriation to the coordinated natural resources conservation fund and to declare an emergency.

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

HB 1129: FOR AN ACT ENTITLED, An Act to establish the Commission on Equal Access to Our Courts and to make an appropriation therefor and to provide for the distribution of any residual funds from class action lawsuits to the commission or other nonprofit charitable organizations.

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

HB 1221: FOR AN ACT ENTITLED, An Act to create the postsecondary technical institute auxiliary fund and to provide continuing funding to the postsecondary technical institutes for the costs of maintenance and repair.

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

HB 1222: FOR AN ACT ENTITLED, An Act to create the postsecondary technical institute auxiliary fund and to provide continuing funding from the future fund to the technical institutes for the start-up costs of new programs being created to meet workforce development needs.

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

HB 1223: FOR AN ACT ENTITLED, An Act to create the postsecondary technical institute auxiliary fund and to provide continuing funding from the future fund to the technical institutes for the cost of replacing old or outdated equipment to meet workforce development needs.

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

HB 1247: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the sale of renewable motor fuels by retailers.

Was read the first time and referred to the Committee on State Affairs.

HB 1255: FOR AN ACT ENTITLED, An Act to provide for the titling and registration of certain low-speed vehicles.

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

HB 1258: FOR AN ACT ENTITLED, An Act to require that certain gift certificates conspicuously disclose information regarding fees and expiration dates.

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

HB 1274: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2008 regarding the South Dakota opportunity scholarships.

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

HB 1276: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability of property tax and sales tax and to revise the income eligibility requirements for property tax and sales tax refunds.

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

HJR 1003: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Greenfield requested that HB 1062 be removed from the Consent Calendar.

HB 1052: FOR AN ACT ENTITLED, An Act to define an inpatient hospice and residential hospice as a health care facility.

The question being "Shall HB 1052 pass?"

Yeas:
Abdallah; Albers; Bartling; Dempster; Duenwald; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Heidepriem; Hoerth; Hundstad; Hunhoff; Jerstad; Katus; Kloucek; Knudson; Koetzle; 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.

HB 1065: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program.

The question being "Shall HB 1065 pass?"

HB 1073: FOR AN ACT ENTITLED, An Act to require abuse and neglect registry screening for certain special advocacy volunteers and guardians ad litem.

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 HB 1073 pass as amended?"

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.

HB 1075: FOR AN ACT ENTITLED, An Act to require certain criminal record checks in adoption home studies for children in the custody of the Department of Social Services.

The question being "Shall HB 1075 pass?"

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

Excused:
Apa; Gant; Lintz

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 HB 1130 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that SB 116 and 117 be deferred to Tuesday, February 12, the 22^nd legislative day.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that HB 1005 and 1006 be deferred to Tuesday, February 12, the 22^nd legislative day.

HB 1170: FOR AN ACT ENTITLED, An Act to allow pneumatic tires with retractable studs to be used upon highways year round.

The question being "Shall HB 1170 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 1053: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

The question being "Shall HB 1053 pass?"

HB 1064: FOR AN ACT ENTITLED, An Act to revise the crime of aggravated incest.

Excused:
Apa; Gant; Lintz

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.

Sen. Turbak Berry moved that HB 1064 be deferred to Monday, February 11, the 21^st legislative day.

HB 1131: FOR AN ACT ENTITLED, An Act to permit the court to assess the crime victims' compensation surcharge in cases involving certain adjudicated children.

The question being "Shall HB 1131 pass?"

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Kloucek

There being no objection, the Senate reverted to Order of Business No. 7.

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.

MESSAGE FROM THE HOUSE