JOURNAL OF THE SENATE

EIGHTIETH SESSION  




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 1, 2005

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

     The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Jenny Lewis.

     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 fourteenth 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,
Lee Schoenbeck, Chair

     Which motion prevailed and the report was adopted.
CONSIDERATION OF EXECUTIVE APPOINTMENTS


     The Senate proceeded to the consideration of the executive appointment of Karl Adam of Hughes County, Pierre, South Dakota, to the South Dakota Housing Development Authority.

     The question being "Does the Senate advise and consent to the executive appointment of Karl Adam pursuant to the executive message as found on page 174 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

     The Senate proceeded to the consideration of the executive appointment of James C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Housing Development Authority.

     The question being "Does the Senate advise and consent to the executive appointment of James C. Roby pursuant to the executive message as found on page 173 of the Senate Journal?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.


COMMUNICATIONS AND PETITIONS


November 23, 2004

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jan Nicolay, Lake County, Chester, South Dakota, to the South Dakota Board of Education.

    This appointment is effective January 1, 2005, and shall continue until December 31, 2008.

Sincerely,
M. Michael Rounds
Governor

    The President referred the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES


MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB  116 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

106ca
     On page 1, line 9 of the printed bill, delete " capitol " and insert " capital ".

     And that as so amended said bill do pass.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Tonnis H. Venhuizen of Douglas County, Armour, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration the nomination of Kelly J. Duncan of Union County, Dakota Dunes, South Dakota, to the South Dakota Board of Education 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 Education respectfully reports that it has had under consideration the nomination of Terry Baloun of Faulk County, Highmore, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration SB  101 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ed Olson, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 103 and 129 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1023 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 Transportation respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

92oa
     On page 2 of the printed bill, delete line 3 , and insert:

    "32-22-5. No single truck or bus motor vehicle may be operated upon a public highway if it".


92ot
     On page 1, line 3 of the printed bill, delete " homes " and insert "vehicles".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of George Nikolas of Brown County, Aberdeen, South Dakota, to the South Dakota Railroad Authority 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 Transportation respectfully reports that it has had under consideration the nomination of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority 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 Transportation respectfully reports that it has had under consideration the nomination of Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Dick Kelly, Chair


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 8, 16, and 54 and finds the same correctly enrolled.

Respectfully submitted,
Lee Schoenbeck, Chair

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 1, 7, 9, 10, 14, 18, 19, 20, 21, 22, 30, 31, 32, 33, 44, 47, 49, 62, and 63 were delivered to his Excellency, the Governor, for his approval at 4:05 p.m., January 31, 2005.

Respectfully submitted,
Lee Schoenbeck, Chair

MESSAGES FROM THE HOUSE



MR. PRESIDENT:

    I have the honor to return herewith SB 13 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 8 and 16 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1049, 1084, 1100, 1101, 1104, and 1105 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES


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

     Health and Human Services on SB 41 as found on page 259 of the Senate Journal ; also



     Local Government on SB 73 as found on page 237 of the Senate Journal ; also

     State Affairs on SB 95 as found on page 236 of the Senate Journal ; also

     Local Government on SB 99 as found on page 238 of the Senate Journal ; also

     Local Government on SB 111 as found on page 238 of the Senate Journal ; also

     Local Government on SB 136 as found on page 238 of the Senate Journal ; also

     State Affairs on SB 172 as found on page 236 of the Senate Journal be adopted.

     Which motion prevailed and the reports were adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 211   Introduced by:  Senators Hansen (Tom), Broderick, Moore, Olson (Ed), and Schoenbeck and Representatives Dykstra, Garnos, Haley, Pederson (Gordon), and Rhoden

       FOR AN ACT ENTITLED, An Act to   repeal certain provisions regarding easements on railroad property acquired by eminent domain.

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

     SB 212   Introduced by:  Senators Bogue, Koskan, and Olson (Ed) and Representatives Rhoden and Putnam

       FOR AN ACT ENTITLED, An Act to   set a maximum limit on certain license and permit fees that may be established by the Game, Fish and Parks Commission.

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

     SB 213   Introduced by:  Senator Nesselhuf and Representative Schafer

       FOR AN ACT ENTITLED, An Act to   appropriate money for the W. H. Over Museum.

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

     SB 214   Introduced by:  Senators Peterson (Jim), Bartling, Duenwald, Greenfield, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Koetzle, Moore, Nesselhuf, Smidt, and Sutton (Dan) and Representatives Dykstra, Boomgarden, Brunner, Davis, Deadrick, Dennert, Frost, Fryslie, Garnos, Gassman, Gillespie, Glover, Hackl, Halverson, Hargens, Hunhoff, Jensen, Klaudt, Koistinen, Kroger, Lange, Nelson, Novstrup, O'Brien, Olson (Ryan), Pederson (Gordon), Peters, Putnam, Rausch, Rave, Rhoden, Rounds, Schafer, Sebert, Sigdestad, Street, Tidemann, and Vehle

       FOR AN ACT ENTITLED, An Act to   provide taxation benefits for certain soybean and biodiesel facilities.

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

     SB 215   Introduced by:  Senators Lintz, Apa, Broderick, Duniphan, Hanson (Gary), Napoli, Peterson (Jim), and Sutton (Duane) and Representatives Sebert, Hackl, Haley, Hennies, Jensen, Kraus, Krebs, Novstrup, Pederson (Gordon), Street, and Turbiville

       FOR AN ACT ENTITLED, An Act to   refer a measure to a vote of the electors to require that public schools begin the regular school term after Labor Day.

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

     SB 216   Introduced by:  Senators Lintz, Duenwald, Greenfield, Hanson (Gary), McNenny, Moore, Napoli, and Peterson (Jim) and Representatives Pederson (Gordon), Brunner, Jensen, and McCoy

       FOR AN ACT ENTITLED, An Act to   mitigate the impact of prairie dogs.

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

     SB 217   Introduced by:  Senator Knudson and Representative Cutler

       FOR AN ACT ENTITLED, An Act to   revise certain cross references in the code with regard to the implementation of the South Dakota Business Corporation Act.

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

     SB 218   Introduced by:  Senators Koskan, Abdallah, Adelstein, Apa, Bartling, Bogue, Dempster, Earley, Gant, Gray, Greenfield, Hansen (Tom), Hanson (Gary), Kelly, McNenny, Moore, Napoli, Nesselhuf, Olson (Ed), Peterson (Jim), Schoenbeck, Sutton (Dan), and Sutton (Duane) and Representatives Dykstra, Garnos, Gassman, Gillespie, Hackl, Haley, Hargens, Hunt, Jensen, Jerke, Klaudt, Kraus, Michels, Miles, Novstrup, Olson (Ryan), Putnam, Rave, Rhoden, Rounds, and Wick

       FOR AN ACT ENTITLED, An Act to   create the South Dakota Energy Infrastructure Authority.

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



     SB 219   Introduced by:  The Committee on Commerce at the request of the Governor

       FOR AN ACT ENTITLED, An Act to   provide for the licensing of motorcycle converters.

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

SECOND READING OF CONSENT CALENDAR ITEMS


     Sen. Greenfield requested that SB 126 be removed from the Consent Calendar.

     SB 57:   FOR AN ACT ENTITLED, An Act to   establish an intensive residential treatment center as a category of a child welfare agency.

     Was read the second time.

     The question being "Shall SB 57 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 159:   FOR AN ACT ENTITLED, An Act to   authorize the President Pro Tempore to appoint certain members of the Interim Rules Review Committee.

     Was read the second time.

     The question being "Shall SB 159 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0


     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 1030:   FOR AN ACT ENTITLED, An Act to   refine the definition of a critical access hospital.

     Was read the second time.

     The question being "Shall HB 1030 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 1032:   FOR AN ACT ENTITLED, An Act to   revise cancer reporting requirements.

     Was read the second time.

     The question being "Shall HB 1032 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 1039:   FOR AN ACT ENTITLED, An Act to   prohibit insurance producers from influencing witnesses.

     Was read the second time.

     The question being "Shall HB 1039 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 1043:   FOR AN ACT ENTITLED, An Act to   revise the definition of the term, prepared food, for sales and use tax purposes.

     Was read the second time.

     The question being "Shall HB 1043 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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 1070:   FOR AN ACT ENTITLED, An Act to   provide for the arrest and detention of certain probationers believed to be in violation of their probation conditions by court service officers or law enforcement officers.

     Was read the second time.

     The question being "Shall HB 1070 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


     SB 2:   FOR AN ACT ENTITLED, An Act to   revise the procedure for assessing certain agricultural property.

     Having had its second reading was up for consideration and final passage.

     Sen. Bogue moved that SB 2 and 3 be deferred to Wednesday, February 2, the 16th legislative day.

     Which motion prevailed.

     SB 34:   FOR AN ACT ENTITLED, An Act to   make an additional appropriation to construct a thermophilic anaerobic manure digestion system for the South Dakota Agricultural Experiment Station and to declare an emergency.

     Was read the second time.

     Sen. Gary Hanson moved that SB 34 be placed to follow SB 178 on today's calendar.

     Which motion prevailed and the bill was so placed.


     SB 98:   FOR AN ACT ENTITLED, An Act to   provide for specific penalties for certain fifth and subsequent offense driving under the influence convictions.

     Having had its second reading was up for consideration and final passage.

     The question being "Shall SB 98 pass?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Bogue; Moore

     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 105:   FOR AN ACT ENTITLED, An Act to   revise the procedure for disposing certain surplus property.

     Was read the second time.

     The question being "Shall SB 105 pass?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Duniphan; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Kloucek; Moore; Napoli

     Excused:
Abdallah


     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 110:   FOR AN ACT ENTITLED, An Act to   revise the definition of abandoned property held by governmental entities.

     Was read the second time.

     The question being "Shall SB 110 pass as amended?"

     And the roll being called:

     Yeas 15, Nays 18, Excused 2, Absent 0

     Yeas:
Apa; Bartling; Bogue; Earley; Gant; Greenfield; Hanson (Gary); Kelly; Koetzle; Koskan; Lintz; Napoli; Schoenbeck; Sutton (Dan); Two Bulls

     Nays:
Abdallah; Adelstein; Broderick; Dempster; Duenwald; Gray; Hansen (Tom); Hundstad; Kloucek; Knudson; Kooistra; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Smidt; Sutton (Duane)

     Excused:
Duniphan; Moore

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


     SB 112:   FOR AN ACT ENTITLED, An Act to   repeal certain requirements related to works of art in state buildings.

     Was read the second time.

     The question being "Shall SB 112 pass?"

     And the roll being called:

     Yeas 27, Nays 6, Excused 2, Absent 0

     Yeas:
Abdallah; Apa; Bartling; Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Kloucek; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Sutton (Dan); Sutton (Duane); Two Bulls


     Nays:
Adelstein; Dempster; Hundstad; Kelly; Knudson; Smidt

     Excused:
Duniphan; Moore

     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 120:   FOR AN ACT ENTITLED, An Act to   revise certain requirements related to the identification of voters.

     Was read the second time.

     The question being "Shall SB 120 pass?"

     And the roll being called:

     Yeas 12, Nays 20, Excused 3, Absent 0

     Yeas:
Adelstein; Bartling; Dempster; Hanson (Gary); Hundstad; Kloucek; Knudson; Koetzle; Kooistra; Peterson (Jim); Sutton (Dan); Two Bulls

     Nays:
Abdallah; Bogue; Broderick; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Kelly; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Schoenbeck; Smidt; Sutton (Duane)

     Excused:
Apa; Duniphan; Moore

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

     SB 134:   FOR AN ACT ENTITLED, An Act to   revise the dates for holding certain elections and filing certain nominating petitions.

     Was read the second time.

     The question being "Shall SB 134 pass?"

     And the roll being called:

     Yeas 32, Nays 1, Excused 2, Absent 0


     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Greenfield

     Excused:
Duniphan; Moore

     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 178:   FOR AN ACT ENTITLED, An Act to   provide for the creation of county interdisciplinary child information teams and to regulate their memberships, authority, and responsibilities.

     Was read the second time.

     The question being "Shall SB 178 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Duniphan; Moore

     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. Gary Hanson moved that SB 34 be deferred to Wednesday, February 2, the 16th legislative day.

     Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1001:   FOR AN ACT ENTITLED, An Act to   revise the definition of arms-length transactions for the purposes of assessing real property.

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

     HB 1049:   FOR AN ACT ENTITLED, An Act to   revise certain provisions regarding the permitting and the regulation of shooting preserves and to declare an emergency.

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

     HB 1084:   FOR AN ACT ENTITLED, An Act to   revise the circumstances for when special elections for home rule charters shall be called.

     Was read the first time and referred to the Committee on Local Government.

     HB 1100:   FOR AN ACT ENTITLED, An Act to   exempt swine and cattle semen from sales and use tax.

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

     HB 1101:   FOR AN ACT ENTITLED, An Act to   except contracts of independent contractors who are captive insurance agents from the prohibition against contracts in restraint of trade.

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

     HB 1104:   FOR AN ACT ENTITLED, An Act to   limit the damages that may be awarded in a medical malpractice action against a podiatrist.

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

     HB 1105:   FOR AN ACT ENTITLED, An Act to   revise the definition of domestic abuse.

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


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS


     HB 1008:   FOR AN ACT ENTITLED, An Act to   revise certain provisions concerning absentee ballots.

     Was read the second time.

1008fa
     Sen. McNenny moved that HB 1008 be amended as follows:

     On page 2 of the printed bill, delete lines 19 to 22 , inclusive, and insert:

    "Section 4. That § 12-1-12 be amended to read as follows:

     12-1-12.   No person may display any campaign material in a county courthouse during the six weeks prior to and including election day. No political party may maintain an office in a county courthouse. "


     Which motion prevailed.

     The question being "Shall HB 1008 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Nays:
Apa; Moore; Napoli

     Excused:
Duniphan

     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 1019:   FOR AN ACT ENTITLED, An Act to   make firefighters from nonprofit corporate rural fire departments eligible for state workers compensation when working for the Department of Agriculture.


     Was read the second time.

     The question being "Shall HB 1019 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Duniphan

     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 1031:   FOR AN ACT ENTITLED, An Act to   authorize the establishment of a delayed marriage record.

     Was read the second time.

     The question being "Shall HB 1031 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
Adelstein; Apa; Bartling; Bogue; Broderick; Dempster; Duenwald; Earley; Gant; Gray; Greenfield; Hansen (Tom); Hanson (Gary); Hundstad; Kelly; Kloucek; Knudson; Koetzle; Kooistra; Koskan; Lintz; McCracken; McNenny; Moore; Napoli; Nesselhuf; Olson (Ed); Peterson (Jim); Schoenbeck; Smidt; Sutton (Dan); Sutton (Duane); Two Bulls

     Excused:
Abdallah; Duniphan

     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. Bogue moved that HB 1033 and 1040 be deferred to Wednesday, February 2, the 16th 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 Commerce respectfully reports that it has had under consideration SB  131 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 104 and returns the same with the recommendation that said bill be amended as follows:

104jc
     On page 3, line 20 of the printed bill, delete " chapter 32-5 " and insert "chapter 58-33".

104jb
     On page 3, line 6 of the printed bill, after " state " insert "or any county".

104ja
     On page 3, line 10 of the printed bill, delete " , " and insert ".".

     On page 3 , delete lines 11 and 12 .

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 139 and returns the same with the recommendation that said bill be amended as follows:

139ja
     On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 58-17B be amended by adding thereto a NEW SECTION to read as follows:

     If an insured is receiving benefits for long-term care services in a nursing home or assisted living facility under a long-term care or other policy or certificate subject to this chapter, and temporarily leaves the nursing home or assisted living facility for a period not to exceed fourteen days annually, the insurer may not reduce or limit benefits for long-term care charges incurred by the insured during that temporary absence nor may the insurer consider that absence in determining whether the insured qualifies or continues to qualify for a waiver of premium or other policy or certificate benefits or eligibility requirements. This Act applies to all policies or certificates that are issued or renewed after June 30, 2005."

139jta
     On page 1, line 1 of the printed bill, delete " long-term care " .

     On page 1 , line 2, after " policies " insert "covering certain long-term care services".

     And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill be amended as follows:

124ta
     On page 1, line 9 of the printed bill, delete " law " and insert " Title 58 ".

     And that as so amended said bill 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  138 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Royal "Mac" McCracken, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 122 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill be amended as follows:

117ta
     On page 1, line 10 of the printed bill, after " records " insert "requested by law enforcement officers of the state and those records".

     And that as so amended said bill do pass.

Respectfully submitted,
Jay Duenwald, Chair

SIGNING OF BILLS


     The President publicly read the title to

     SB 8: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning voter tabulation systems.

     SB 16: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the statutes of limitation for workers' compensation claims.

     SB 54: FOR AN ACT ENTITLED, An Act to  clarify the procedure to be followed for expedited abused or neglected child proceedings.

     HB 1037: FOR AN ACT ENTITLED, An Act to  revise the definition of a bad debt and modify the circumstances under which a bad debt may be deducted for taxation purposes.

     HB 1044: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the refund procedures for a purchaser who seeks a return of over-collected sales or use taxes from a seller.

     HB 1055: FOR AN ACT ENTITLED, An Act to  make an appropriation for the payment of settlement expenses to SDDS, Inc., and to declare an emergency.

     HB 1071: FOR AN ACT ENTITLED, An Act to  expand the time within which a judge may extend clemency or reduce a sentence.

     HB 1072: FOR AN ACT ENTITLED, An Act to  permit magistrate judges to order a transcript of a grand jury proceeding.

     And signed the same in the presence of the Senate.

     Sen. Lintz moved that the Senate do now adjourn, which motion prevailed and at 3:44 p.m. the Senate adjourned.

Patricia Adam, Secretary