Senate Journal 1/14/2008 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-THIRD SESSION

FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 14, 2008

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

The prayer was offered by the Chaplain, The Reverend John Tarrant, followed by the Pledge of Allegiance led by Senate page Michelle Brown Otter and Ashley Wiedmer.

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 fourth 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.

COMMUNICATIONS AND PETITIONS

January 11, 2008

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of South Dakota Codified Law 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed David E. Holman, Minnehaha County, Sioux Falls, South Dakota, as the Assistant Adjutant General, Air.

This appointment was effective October 1, 2007.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the appointment to the Committee on State Affairs.

January 11, 2008

The Honorable Dennis Daugaard
President of the Senate
500 East Capitol
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of South Dakota Codified Laws 33-1-10 and 33-1-10.1 and subject to your consent, I have the honor to inform you that I have appointed Keith W. Corbett, Brookings County, Brookings, South Dakota, as the Assistant Adjutant General, Army.

This appointment is effective July 1, 2008.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 31 and 50 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 Health and Human Services respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 1 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 Local Government respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

2ta

On page 1, line 8, of the printed bill, delete " birth dates, ".

On page 1, line 8, delete " , ".

On page 1, line 9, after "restricted." insert " Public access to each voter's day and month of birth shall be restricted. Public access to the voter's year of birth is not restricted. "

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

3ta

On page 3, after line 16 of the printed bill, insert:

"Section 6. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

3tta

On page 1, line 2, of the printed bill, after "districts" insert "and to declare an emergency".

And that as so amended said bill do pass.

Respectfully submitted,
Kenneth Albers, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be amended as follows:

scr1ra

On page 1, line 1, of the printed resolution, after "state" insert ", tribal,".

On page 2, line 21, after "local" insert "and tribal".

On page 3, line 2, delete "municipal, and" and insert "tribal, and local".

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

On page 3, line 3, after "state" insert ", tribal, ".

On page 3, line 4, after "state," insert "tribal,".

scr1rb

On page 1, line 4, of the printed resolution, delete everything after "years" and insert "; and".

On page 1, delete lines 5 to 8, inclusive.

And that as so amended said resolution be adopted.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Brian K. Zeeb of Brookings County, Brookings, South Dakota, to the South Dakota Council for Interstate Adult Offender Supervision and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of David DeJabet of Hughes County, Pierre, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Theodore Pins of Lake County, Wentworth, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 5 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 State Affairs respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill be amended as follows:

9oa

On page 1, line 6, of the printed bill, after "school," insert "Indian tribe,".

On page 2, line 3, delete "in excess".

On page 2, line 3, after "dollars" insert "or more".

On page 4, delete line 21.

On page 4, line 22, delete "(3)" and insert "(2)".

On page 4, line 23, delete "(4)" and insert "(3)".

On page 4, line 24, delete "(5)" and insert "(4)".

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

On page 5, line 2, delete "(7)" and insert "(6)".

On page 5, line 3, delete "(8)" and insert "(7)".

On page 5, line 4, delete "(9)" and insert "(8)".

On page 5, line 5, delete "(10)" and insert "(9)".

On page 6, line 14, delete "advertised".

On page 6, line 14, delete "sales or".

9ob

On page 1, line 7, of the printed bill, after "Code" delete "of".

On page 1, line 8, delete "1954".

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

59oa

On page 2, line 15, of the printed bill, overstrike "or technical".

59ob

On page 3 of the printed bill, delete lines 1 to 17, inclusive.

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

19oa

On page 1, line 10, of the printed bill, overstrike "The executive director shall attend all meetings of the board."

On page 1, overstrike line 11.

On page 1, line 12, overstrike "executive director from a meeting."

On page 1, line 13, overstrike ", including attorneys, appraisers, scientists,".

On page 1, line 14, overstrike "researchers, engineers, accountants, credit analysts, and other consultants,".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 54 and returns the same with the recommendation that said bill be amended as follows:

54oa

On page 2, line 4, of the printed bill, delete " enormous ".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of William Even of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Agriculture and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Seb Axtman of Hughes County, Pierre, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Brigadier General Steven R. Doohen of Minnehaha County, Hartford, South Dakota, to the position of Secretary of the Department of Military and Veterans Affairs and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Tom Leckey of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Susan Brugger of Brookings County, Brookings, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Douglas Sharp of Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kyle White of Pennington County, Rapid City, South Dakota, to the South Dakota Energy Infrastructure Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Thomas Dempster, Chair

CONSIDERATION OF REPORT OF JOINT-SELECT COMMITTEE

Sen. Knudson moved that the report of the Joint-Select Committee relative to arranging for legislative days as found on page 53 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 67 Introduced by: Senators Garnos, Jerstad, and Olson (Ed) and Representatives Nelson, Elliott, and Hackl

FOR AN ACT ENTITLED, An Act to require high school students to submit at least one application to a postsecondary educational institution.

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

SB 68 Introduced by: Senators Napoli, Albers, Gant, Hauge, Katus, Olson (Ed), and Schmidt (Dennis) and Representatives Hackl, Ahlers, Boomgarden, Bradford, Elliott, Halverson, Lucas, Rausch, and Sigdestad

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding mufflers on motorcycles.

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

SB 69 Introduced by: Senators Hoerth, Abdallah, Bartling, Duenwald, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Jerstad, Katus, Kloucek, Maher, McCracken, Peterson (Jim), Sutton, and Turbak Berry and Representatives Peters, Feinstein, Haverly, Miles, Rausch, Rave, Tidemann, and Van Etten

FOR AN ACT ENTITLED, An Act to add marijuana to the list of abusive substances for the purposes of determining child abuse.

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

SB 70 Introduced by: Senators Kloucek and Sutton and Representatives Putnam, Jerke, and Moore

FOR AN ACT ENTITLED, An Act to exempt the operators of certain older motorcycles from the special qualification required to operate a motorcycle.

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

SB 71 Introduced by: Senators Kloucek, Garnos, Gray, and Maher and Representatives Ahlers, Bradford, Feinstein, Gassman, Halverson, Lucas, Novstrup (Al), Sigdestad, Street, and Van Norman

FOR AN ACT ENTITLED, An Act to establish a rural community-based energy development program.

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

SB 72 Introduced by: Senators Hoerth, Abdallah, Apa, Bartling, Duenwald, Greenfield, Hanson (Gary), Hundstad, Jerstad, Katus, Kloucek, Maher, McCracken, Peterson (Jim), Sutton, and Turbak Berry and Representatives Novstrup (David), Dennert, Elliott, Feinstein, Lust, and Novstrup (Al)

FOR AN ACT ENTITLED, An Act to make an appropriation for an engineering survey and a repair cost estimate of Richmond Lake Dam.

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

SB 73 Introduced by: Senator Maher and Representative Olson (Betty)

FOR AN ACT ENTITLED, An Act to make an appropriation to support the Sue T-Rex traveling exhibition.

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

SB 74 Introduced by: Senators Garnos and Abdallah and Representatives Juhnke and Deadrick

FOR AN ACT ENTITLED, An Act to appropriate funds for the repair of the Lake Wanalain Dam.

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

SB 75 Introduced by: Senators Garnos, Abdallah, and Kloucek and Representatives Lucas and Hackl

FOR AN ACT ENTITLED, An Act to establish a residential geothermal heat pump grant program and to make an appropriation therefor.

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

SB 76 Introduced by: Senators Garnos, Bartling, and Gray and Representatives Juhnke, Burg, Carson, Deadrick, Putnam, and Vanneman

FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota Hall of Fame.

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

SB 77 Introduced by: Senators Knudson, Dempster, Gant, Gray, Heidepriem, and Turbak Berry and Representatives Cutler, Deadrick, and Gillespie

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.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 14: FOR AN ACT ENTITLED, An Act to extend the time allowed to request a hearing or pay an audit assessment.

Was read the second time.

The question being "Shall SB 14 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.

SB 18: FOR AN ACT ENTITLED, An Act to revise certain dates pertaining to references to the Internal Revenue Code.

Was read the second time.

The question being "Shall SB 18 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.