JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



EIGHTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 22, 2010

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Amanda Schackow.

    Roll Call: All members present except Sens. Ahlers, Brown, Bartling, Gillespie, Haverly, Hunhoff (Jean), Hundstad, Novstrup (Al), and Turbak Berry 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 seventh 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 COMMITTEE

MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration SB 18, 19, and 20 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

21mb

    On page 1, line 10, of the printed bill, delete "and the State Investment Council may not invest".

    On page 1, line 11, delete "member trust funds in any manner".

    On page 1, line 11, delete "are" and insert "is".

    On page 2, line 2, delete "pure" and insert "maximum risk-adjusted".

    On page 2, line 11, after "." insert "The State Investment Council shall invest member trust funds in a manner that is solely designed to provide for the exclusive benefit of the members and benefit recipients of the system. However, the foregoing provisions notwithstanding, the State Investment Council shall establish a Shareholder Activism Policy to engage and promote compliance with federal divestiture enactments by the United States House of Representatives or the United States Senate, specifically including the enactments' effect in regard to Royal Dutch Shell, Petrobras, and Total, and to recognize the risks associated with companies doing business in the countries identified. The State Investment Council shall report semi-annually and fifteen months after the effective date of this Act on council actions related to the Shareholder Activism Policy. The report shall include an analysis of the success of the policy in accomplishing the goal of promoting compliance with the federal enactments and its impact on all sales of affected companies.

    The Legislature may express its concerns about investments related to terrorism, genocide, or other atrocities recognized by the United States House of Representatives or the United States Senate through resolutions advising the State Investment Council to activate its Shareholder Activism Policy."

    And that as so amended said bill do pass.

Respectfully submitted,
Tom R. Nelson, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1005, 1008, 1011, 1017, 1038, 1040, 1054, and 1059 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Knudson moved that when we adjourn today, we adjourn to convene at 4:30 p.m. on Monday, January 25, the 9th legislative day.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 79 Introduced by: Senators Rhoden and Tieszen and Representatives Conzet, Brunner, Deadrick, Engels, Kirkeby, Lust, Moser, Rounds, and Wink

    FOR AN ACT ENTITLED, An Act to revise certain format requirements relating to real estate documents to be filed with the register of deeds.

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

    SB 80 Introduced by: Senators Maher and Dempster and Representatives Olson (Betty), Kirkeby, and Schrempp

    FOR AN ACT ENTITLED, An Act to clarify certain conditions of service by elected municipal officials.

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

    SB 81 Introduced by: Senators Dempster, Gray, Hansen (Tom), Nesselhuf, Olson (Russell), and Turbak Berry and Representatives Solum, Cutler, Deadrick, Faehn, Hunhoff (Bernie), Rounds, and Schlekeway

    FOR AN ACT ENTITLED, An Act to exempt open-loop prepaid cards from unclaimed property provisions.


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

    SB 82 Introduced by: Senators Gant, Abdallah, Howie, and Miles and Representatives Hamiel, Frerichs, Gibson, Moser, Rounds, and Russell

    FOR AN ACT ENTITLED, An Act to require certain state contracts to be displayed on a searchable internet website.

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

    SB 83 Introduced by: Senators Jerstad, Abdallah, Adelstein, Fryslie, Hanson (Gary), Merchant, Miles, Peterson, Rhoden, Tieszen, and Turbak Berry and Representatives Rave, Elliott, Engels, Gibson, Hamiel, Noem, Nygaard, Rounds, and Schlekeway

    FOR AN ACT ENTITLED, An Act to provide for the self-administration of prescription asthma and anaphylaxis medication by students.

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

    SB 84 Introduced by: Senators Turbak Berry, Abdallah, Gillespie, Gray, Heidepriem, Maher, and Nelson and Representatives Cutler, Deadrick, Engels, Feinstein, Gosch, Hamiel, Kirkeby, McLaughlin, Rave, Romkema, Schlekeway, and Turbiville

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to comparative negligence.

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

    SB 85 Introduced by: Senators Hansen (Tom), Garnos, Maher, and Peterson and Representatives Brunner, Cronin, Olson (Betty), Street, and Van Gerpen

    FOR AN ACT ENTITLED, An Act to revise the continuing education requirements for certain veterinarians over the age of sixty-five.

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

    SB 86 Introduced by: Senators Hansen (Tom), Garnos, and Maher and Representatives Brunner, Feickert, Hoffman, Olson (Betty), and Van Gerpen

    FOR AN ACT ENTITLED, An Act to revise certain requirements related to the licensure of veterinarians.

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

    SB 87 Introduced by: Senators Tieszen, Abdallah, Adelstein, Ahlers, Garnos, Hansen (Tom), Haverly, Hunhoff (Jean), Jerstad, Maher, Merchant, Miles, and Nelson and Representatives Krebs, Brunner, Conzet, Cutler, Elliott, Gosch, Juhnke, Kirkeby, Lust, McLaughlin, Moser, Peters, Pitts, Romkema, Sly, Street, Thompson, Turbiville, and Verchio

    FOR AN ACT ENTITLED, An Act to require evidence of financial responsibility at the time of certain vehicle registrations.

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

    SB 88 Introduced by: Senators Haverly, Abdallah, Ahlers, Bartling, Brown, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Heidepriem, Hundstad, Jerstad, Kloucek, Knudson, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Rhoden, Schmidt, Tieszen, and Vehle and Representatives Peters, Blake, Brunner, Cronin, Curd, Cutler, Deadrick, Faehn, Fargen, Frerichs, Gibson, Hamiel, Hunhoff (Bernie), Hunt, Jensen, Kirkeby, Kirschman, Lange, Lucas, Moser, Noem, Novstrup (David), Nygaard, Pitts, Rausch, Romkema, Rounds, Schlekeway, Sly, Solberg, Solum, Sorenson, Street, Thompson, Tidemann, Turbiville, Van Gerpen, and Vanderlinde

    FOR AN ACT ENTITLED, An Act to adopt the interstate compact on educational opportunity for military children.

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

    SB 89 Introduced by: Senators Rhoden, Abdallah, Adelstein, Bartling, Bradford, Brown, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Hanson (Gary), Haverly, Howie, Hunhoff (Jean), Kloucek, Maher, Miles, Nelson, Novstrup (Al), Olson (Russell), Peterson, and Schmidt and Representatives Noem, Bolin, Brunner, Carson, Cronin, Curd, Deadrick, Dennert, Faehn, Fargen, Feickert, Frerichs, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, Moser, Novstrup (David), Olson (Betty), Peters, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solum, Steele, Tidemann, Turbiville, Van Gerpen, Vanneman, Verchio, and Wink

    FOR AN ACT ENTITLED, An Act to exempt from federal regulation any firearm, firearm accessory, or ammunition manufactured and retained in South Dakota.

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

    SJR 2 Introduced by: Senator Hansen (Tom) and Representative Feinstein

    A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year legislative terms and term limits.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1005: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to the Bureau of Personnel.

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

    HB 1008: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2009.

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

    HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions related to high-performance green building standards.

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

    HB 1017: FOR AN ACT ENTITLED, An Act to provide for state adoption of the 2009 Uniform Plumbing Code.

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

    HB 1038: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to orders issued for examinations of certain insurers.

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

    HB 1040: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to life insurance refunds.

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

    HB 1054: FOR AN ACT ENTITLED, An Act to provide independent voters voting absentee the appropriate ballot during a primary election and to declare an emergency.

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

    HB 1059: FOR AN ACT ENTITLED, An Act to authorize the State Investment Council to discuss in executive session certain information exempt from public disclosure.

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

    Sen. Knudson moved that the remainder of the calendar of Friday, January 22, the 8th Legislative Day be deferred to Monday, January 25, the 9th Legislative Day.

    Which motion prevailed.

    Sen. Fryslie moved that the Senate do now adjourn, which motion prevailed and at 10:11 a.m. the Senate adjourned.

Trudy Evenstad, Secretary