Senate Journal 1/21/2010 02:00 PM

SENATE PAGE RESOLUTION 1 Introduced by: Senators Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen, Tom; Hanson, Gary; Haverly; Heidepriem; Howie; Hundstad; Hunhoff, Jean; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup, Al; Olson, Russell; Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-fifth Legislature of the State of South Dakota to Brittani Beckman, Cortlyn Hagman, Ross Julson, Kody Kyriss, Amanda Lentz, Dakota Marshall, M'Kenzi McNenny, Carmen Niemeyer, Caitlyn Roth, Hilary Roth, Kristina Sackmann, Amanda Schackow, and Austin Trask

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

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

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

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

Sen. Knudson moved that Senate Page Resolution 1 be adopted.

The question being on Sen. Knudson's motion that Senate Page Resolution 1 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Gillespie

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and Senate Page Resolution 1 was adopted.

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

Sen. Knudson moved that the legislative calendar be amended by extending the last day for introduction of unlimited bills and joint resolutions to the twelfth (12^th) Legislative Day and by extending the final day to introduce individual bills and joint resolutions to the fifteenth (15^th) Legislative Day and by extending the final day to introduce committee bills and joint resolutions to the sixteenth (16^th) Legislative Day.

The question being on Sen. Knudson's motion that the legislative calendar be amended by extending the last day for introduction of unlimited bills and joint resolutions to the twelfth (12^th) Legislative Day and by extending the final day to introduce individual bills and joint resolutions to the fifteenth (15^th) Legislative Day and by extending the final day to introduce committee bills and joint resolutions to the sixteenth (16^th) Legislative Day.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Gillespie; Hundstad

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

HCR 1002: A CONCURRENT RESOLUTION, Requesting federal natural resource agencies to refrain from designating wilderness or roadless areas in South Dakota without Legislative approval.

Was read the second time.

Sen. Maher moved that the Senate do concur in HCR 1002 as found on page 43 of the House Journal.

The question being on Sen. Maher's motion that HCR 1002 be concurred in.

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hundstad; Hunhoff (Jean); Knudson; Maher; Merchant; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

Nays:
Ahlers; Heidepriem; Jerstad; Kloucek; Miles; Turbak Berry

Excused:
Gillespie

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1002 was concurred in.

HCR 1003: A CONCURRENT RESOLUTION, Supporting the reintroduction of horse slaughter and processing operations in the United States.

Was read the second time.

Sen. Maher moved that the Senate do concur in HCR 1003 as found on page 44 of the House Journal.

The question being on Sen. Maher's motion that HCR 1003 be concurred in.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gillespie; Hundstad

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

The Senate proceeded to the consideration of the executive appointment of Kurt Pfeifle of Hand County, Miller, South Dakota, to the Housing Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Kurt Pfeifle pursuant to the executive message as found on page 35 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gillespie

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 Brent Dykstra of Stanley County, Ft. Pierre, South Dakota, to the Housing Development Authority.

The question being “Does the Senate advise and consent to the executive appointment of Brent Dykstra pursuant to the executive message as found on page 36 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gillespie

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 reappointment of Joe Lien of Lawrence County, Spearfish, South Dakota, to the South Dakota Building Authority.

The question being “Does the Senate advise and consent to the executive reappointment of Joe Lien pursuant to the executive message as found on page 32 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gillespie

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

The Senate proceeded to the consideration of the executive reappointment of Gordon Garnos of Codington County, Watertown, South Dakota, to the Career Service Commission.

The question being “Does the Senate advise and consent to the executive reappointment of Gordon Garnos pursuant to the executive message as found on page 33 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gillespie

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

The Senate proceeded to the consideration of the executive reappointment of Dennis Haan of Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

The question being “Does the Senate advise and consent to the executive reappointment of Dennis Haan pursuant to the executive message as found on page 32 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Abdallah; Gillespie

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

SB 74 Introduced by: Senators Nesselhuf, Adelstein, Heidepriem, Nelson, and Turbak Berry and Representatives Engels, Cutler, and Feinstein

FOR AN ACT ENTITLED, An Act to repeal the prohibition against stem cell treatments and research and to establish ethical guidelines to regulate stem cell research.

Was read the first time and referred to the Committee on Health and Human Services.

SB 75 Introduced by: Senators Maher, Bartling, Bradford, Garnos, Hanson (Gary), Novstrup (Al), Peterson, Rhoden, and Vehle and Representatives Hoffman, Brunner, Carson, Frerichs, Hamiel, Jensen, McLaughlin, Olson (Betty), Russell, Schrempp, Sly, Sorenson, Street, Verchio, and Wink

FOR AN ACT ENTITLED, An Act to define certain terms for livestock identification purposes.

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

SB 76 Introduced by: Senators Turbak Berry, Abdallah, Adelstein, Bradford, Brown, Dempster, Fryslie, Gray, Heidepriem, Jerstad, Knudson, Maher, Nesselhuf, Novstrup (Al), and Vehle and Representatives Turbiville, Brunner, Faehn, Gosch, Hunhoff (Bernie), Iron Cloud III, Lust, Nygaard, Solberg, Solum, and Thompson

FOR AN ACT ENTITLED, An Act to revise the composition of the State Veterans' Commission.

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

SB 77 Introduced by: Senator Howie and Representative Jensen

FOR AN ACT ENTITLED, An Act to provide for certain sales and use tax refunds regarding certain storage facilities.

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

SB 78 Introduced by: Senators Gant, Maher, and Tieszen and Representatives Kirkeby and Vanderlinde

FOR AN ACT ENTITLED, An Act to revise the total amount of revenue payable to municipalities from taxes on real property.

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

SJR 1 Introduced by: Senators Novstrup (Al), Ahlers, Bartling, Brown, and Hundstad and Representatives Steele, Deadrick, Dennert, Hoffman, Lust, Moser, Peters, Solum, Van Gerpen, Wink, and Wismer

A JOINT RESOLUTION, Proposing a constitutional amendment to revise the authority of the Board of Regents.

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

Sen. Knudson requested that SB 42 be removed from the Consent Calendar.

SB 17: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding restricted driving permits for minors.

Was read the second time.

The question being “Shall SB 17 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Gillespie

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 28: FOR AN ACT ENTITLED, An Act to provide relief from liability from a sales and use tax rate change in certain circumstances.

Was read the second time.

The question being “Shall SB 28 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Gillespie

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 29: FOR AN ACT ENTITLED, An Act to revise the exemption of direct mail postage and to define direct mail for certain tax purposes.

Was read the second time.

The question being “Shall SB 29 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Gillespie

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 34: FOR AN ACT ENTITLED, An Act to provide for the staggered registration of intrastate and interstate commercial motor vehicles.

Was read the second time.

The question being “Shall SB 34 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Gillespie

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 36: FOR AN ACT ENTITLED, An Act to provide for the denial of certain motor carrier registrations.

Was read the second time.

The question being “Shall SB 36 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Gillespie

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 61: FOR AN ACT ENTITLED, An Act to require an electric utility to file rates for purchases of electricity produced by small renewable power facilities.

Was read the second time.

The question being “Shall SB 61 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Abdallah; Gillespie

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.

Which motion prevailed.

The question being “Shall SB 13 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Rhoden

Excused:
Gillespie

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 16: FOR AN ACT ENTITLED, An Act to revise certain commercial driver licensing provisions and penalties.

Was read the second time.

The question being “Shall SB 16 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Gillespie

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 22: FOR AN ACT ENTITLED, An Act to establish a fund for the collection of donations to the birth to three program.

Was read the second time.

The question being “Shall SB 22 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Rhoden

Excused:
Gillespie

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.

SB 24: FOR AN ACT ENTITLED, An Act to establish standards for teaching, to require an annual teacher evaluation, and to provide for the development of a model evaluation instrument.

Was read the second time.

The question being “Shall SB 24 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Nelson

Excused:
Gillespie

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 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of tax refunds for the construction of agricultural processing or new business facilities.

Was read the second time.

The question being “Shall SB 30 pass?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Bartling; Hanson (Gary); Kloucek

Excused:
Gillespie

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. Knudson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, January 22, the 8^th legislative day.

Which motion prevailed.

    Pursuant to the report of the Joint-Select Committee as found on page 44 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eight former members of the South Dakota Legislature, namely: the Honorable Dean W. Anderson; the Honorable Louis K. Freiberg, Jr.; the Honorable Max Gruenwald; the Honorable Helena B. Hassard; the Honorable Thomas L. Hennies; the Honorable Bernie D. Kopecky; the Honorable George Means; and the Honorable Royal J. "Bud" Wood; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-fifth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Eighty-fifth Session of the Legislature of the State of South Dakota, now assembled this 21st day of January, 2010, at Pierre, South Dakota.