JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION



TWENTY-NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 22, 2008

     The Senate convened at 12:00 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page T. J. Jerke.

     Roll Call: All members present except Sens. Katus and Koetzle who were 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 twenty-eighth 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 HB 1120 and returns the same with the recommendation that said bill be amended as follows:

1120fa
     On page 1, line 7, of the printed bill, delete " ten " and insert " nine ".

     On page 1, line 13, delete " seventy " and insert " sixty-nine ".

     On page 2, line 4, delete " twenty-five " and insert " twenty-four ".

     On page 2, line 9, delete " seventy " and insert " sixty-nine ".

    And that as so amended said bill do pass.

Respectfully submitted,
Kenneth McNenny, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill be amended as follows:

1248ma

     On page 2, line 12, of the printed bill, delete "one dollar ($1)" and insert "five thousand dollars ($ 5,000 )".

     On page 2, between lines 14 and 15, insert:

    "Section 4. The commission is authorized to accept and expend any gifts or contributions from any source for the purposes of this Act."


    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1267 which was tabled.

Respectfully submitted,
Jerry Apa, Chair
Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB  1283 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1193 which was tabled.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to return herewith SB 7, 22, 24, 28, 29, 37, 40, 47, 48, 49, 55, 77, 93, 109, 114, 128, 132, 148, 158, and 177 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1006: A CONCURRENT RESOLUTION,  Urging that the delisting of gray wolves as a threatened or endangered species be extended to include all parts of South Dakota.

     Was read the first time, the President waived the referral to committee, and placed HCR 1006 on the calendar of Monday, February 25, the 30th legislative day.

     SCR 13: A CONCURRENT RESOLUTION, Opposing the development of the NAFTA Superhighway.


    Was read the second time.

     Sen. Lintz moved that SCR 13 as found on page 528 of the Senate Journal be adopted.

     The question being on Sen. Lintz's motion that SCR 13 be adopted.

     And the roll being called:

     Yeas 24, Nays 9, Excused 2, Absent 0

     Yeas:
Albers; Apa; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hundstad; Hunhoff; Jerstad; Kloucek; Lintz; Maher; McCracken; McNenny; Napoli; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton

     Nays:
Abdallah; Bartling; Dempster; Heidepriem; Hoerth; Knudson; Nesselhuf; Turbak Berry; Two Bulls

     Excused:
Katus; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 13 was adopted.

     HCR 1007: A CONCURRENT RESOLUTION, Supporting the establishment of USDA- inspected horse processing plants in the State of South Dakota.

    Was read the second time.

     Sen. McNenny moved that the Senate do concur in HCR 1007 as found on page 642 of the House Journal.

     The question being on Sen. McNenny's motion that the Senate do concur in HCR 1007.

     And the roll being called:

     Yeas 25, Nays 8, Excused 2, Absent 0

     Yeas:
Albers; Apa; Bartling; Duenwald; Gant; Garnos; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hauge; Hoerth; Hundstad; Hunhoff; Kloucek; Lintz; Maher; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Turbak Berry

     Nays:
Abdallah; Dempster; Heidepriem; Jerstad; Knudson; McCracken; Sutton; Two Bulls

     Excused:
Katus; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

     Sen. Duenwald moved that the Senate do concur in House amendments to SB 44.

     The question being on Sen. Duenwald's motion that the Senate do concur in House amendments to SB 44.

     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; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Katus; Koetzle

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Knudson moved that the Senate do concur in House amendments to SB 84.

     The question being on Sen. Knudson's motion that the Senate do concur in House amendments to SB 84.

     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; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Katus; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Duenwald moved that the Senate do concur in House amendments to SB 111.

     The question being on Sen. Duenwald's motion that the Senate do concur in House amendments to SB 111.

     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; Hoerth; Hundstad; Hunhoff; Jerstad; Kloucek; Knudson; Lintz; Maher; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schmidt (Dennis); Smidt (Orville); Sutton; Turbak Berry; Two Bulls

     Excused:
Katus; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Albers moved that the Senate do concur in House amendments to SB 124.

     The question being on Sen. Albers' motion that the Senate do concur in House amendments to SB 124.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Hundstad; Katus; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.


CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

     Sen. Abdallah moved that the report of the Conference Committee on HB 1064 as found on page 600 of the Senate Journal be adopted.

     The question being on Sen. Abdallah's motion that the report of the Conference Committee on HB 1064 be adopted.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Hundstad; Katus; Koetzle

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Education on HB 1016 as found on page 586 of the Senate Journal ; also

     Education on HB 1124 as found on page 588 of the Senate Journal ; also

     Education on HB 1224 as found on page 588 of the Senate Journal ; also

     Appropriations on HB 1226 as found on page 585 of the Senate Journal ; also

     Appropriations on HB 1227 as found on page 585 of the Senate Journal ; also

     Education on HB 1279 as found on page 589 of the Senate Journal ; also

     Education on HB 1300 as found on page 589 of the Senate Journal be adopted.

     Which motion prevailed.

     Sen. Knudson moved that the words "without recommendation" be stricken from the report of the Committee on Appropriations on HB 1076, as found on page 586 of the Senate Journal, that the words "do pass" be inserted, and that the bill be placed on the calendar of Tuesday, February 26, the 31st legislative day.

     The question being on Sen. Knudson's motion that the words "without recommendation" be stricken from the report of the Committee on Appropriations on HB 1076, that the words "do pass" be inserted, and that the bill be placed on the calendar of Tuesday, February 26, the 31st legislative day.

     And the roll being called:

     Yeas 22, Nays 10, Excused 3, Absent 0

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

     Nays:
Bartling; Heidepriem; Hoerth; Kloucek; Maher; Napoli; Nesselhuf; Peterson (Jim); Sutton; Two Bulls

     Excused:
Hundstad; Katus; Koetzle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1076 was so placed.

SECOND READING OF CONSENT CALENDAR ITEMS

     HB 1149: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding protection orders granted upon a finding of domestic abuse.

     Was read the second time.

     The question being "Shall HB 1149 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Heidepriem; Katus; Koetzle

     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 1162: FOR AN ACT ENTITLED, An Act to prohibit the branding of a minor and to provide a penalty therefor.

     Was read the second time.

     The question being "Shall HB 1162 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Heidepriem; Katus; Koetzle

     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 1228: FOR AN ACT ENTITLED, An Act to revise certain provisions related to bow hunting methods used by persons who are disabled or physically incapacitated.

     Was read the second time.

     The question being "Shall HB 1228 pass as amended?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Heidepriem; Katus; Koetzle

     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 1085, 1100, 1107, 1242, 1251, 1263, 1314, and 1320 be deferred to Monday, February 25, the 30th legislative day.

     Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 7, 13, 22, 24, 28, 29, 37, 40, 47, 48, 49, 55, 77, 87, 93, 109, 114, 128, 132, 148, 156, 158, and 177 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB  1132, which was removed from the table, and 1313 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 HB  1271 and 1302 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 HB 1061 and returns the same with the recommendation that said bill be amended as follows:

1061rc

     On page 1 of the House Judiciary committee engrossed bill, delete lines 13 and 14, and insert " The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 ".

     On page 2, delete lines 1 and 2.

1061rd

     Delete the previously adopted amendment (1061rc).

     On page 1 of the House Judiciary Committee engrossed bill, delete lines 13 and 14, and insert:

" The distribution of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. "


     On page 2, delete lines 1 and 2.

     On page 2, line 3, delete " felony. "

    And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

SIGNING OF BILLS

     The President publicly read the title to

     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.

     SB 13: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the suspension of a minor's driving privileges.

     SB 22: FOR AN ACT ENTITLED, An Act to  revise certain provisions related to the payment of additional funds to consolidated school districts and to declare an emergency.

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

     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.

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

     SB 37: FOR AN ACT ENTITLED, An Act to  establish certain suitability requirements for annuities.

     SB 40: FOR AN ACT ENTITLED, An Act to  establish certain requirements regarding the separation and protection of a gas and electric public utility's assets.

     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.

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

     SB 49: FOR AN ACT ENTITLED, An Act to  make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     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.

     SB 77: FOR AN ACT ENTITLED, An Act to  repeal the provision that prohibits radio or televison broadcasting or taking of photographs of judicial proceedings from courtrooms.

     SB 87: FOR AN ACT ENTITLED, An Act to  reduce the period of effectiveness for cease and desist orders issued to certain dealers.


     SB 93: FOR AN ACT ENTITLED, An Act to  revise the uniform commercial code.

     SB 109: FOR AN ACT ENTITLED, An Act to  authorize the Fourth Circuit drug court program in the Unified Judicial System, to make an appropriation therefor, and to declare an emergency.

     SB 114: FOR AN ACT ENTITLED, An Act to  allow for risk pool eligibility and rate flexibility for certain health insurance conversion plans.

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

     SB 132: FOR AN ACT ENTITLED, An Act to  clarify provisions regarding the continuation of coverage after an employer ceases business operations.

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

     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.

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

     SB 177: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the disposal of abandoned tenant's property left on leased residential premises.

     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.

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

     HB 1084: FOR AN ACT ENTITLED, An Act to  increase the previously enacted expenditure authority for certain approved construction projects and to declare an emergency.

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

     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.

     HB 1136: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the registration of business names.


     HB 1138: FOR AN ACT ENTITLED, An Act to  prohibit the use of a false academic degree or a degree that is not completed.

     HB 1146: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding subsequent administration of an estate.

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

     HB 1178: FOR AN ACT ENTITLED, An Act to  make an appropriation for the costs related to the intensive methamphetamine treatment program in the women's state correctional system.

     HB 1179: FOR AN ACT ENTITLED, An Act to  make an appropriation for the support of the state fair.

     HB 1198: FOR AN ACT ENTITLED, An Act to  revise the amount of a judgment in a petty offense case.

     HB 1218: FOR AN ACT ENTITLED, An Act to  increase the maximum allowable outstanding amount of bonds issued by the Health and Educational Facility Authority on behalf of the four technical institutes.

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

     HB 1260: FOR AN ACT ENTITLED, An Act to  revise sex offender registry provisions for persons without a residence address.

     HB 1269: FOR AN ACT ENTITLED, An Act to  allow a beer and wine combination license.

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

     HB 1290: FOR AN ACT ENTITLED, An Act to  exempt certain entities from certain requirements for persons in the business of mortgage lending.

     And signed the same in the presence of the Senate.

     Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 1:02 p.m. the Senate adjourned.

Trudy Evenstad, Secretary