JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 25, 2010

    The Senate convened at 4:30 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Pastor Roger Easland, followed by the Pledge of Allegiance led by Senate pages Hilary Roth and Dakota Marshall.

    Roll Call: All members present except Sens. Ahlers, Brown, Fryslie, Gant, Gillespie, Hansen (Tom), Hanson (Gary), Heidepriem, Jerstad, Kloucek, Knudson, Merchant, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, 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 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.
COMMUNICATIONS AND PETITIONS


January 7, 2010

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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kory Menken, Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective immediately, and shall continue until January 1, 2013.

Sincerely,
M. Michael Rounds
Governor

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

January 7, 2010

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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dick Werner, Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

    This reappointment is effective immediately, and shall continue until January 1, 2013.

Sincerely,
M. Michael Rounds
Governor

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

January 13, 2010

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 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Wanda Blair, Meade County, Vale, South Dakota, to the State Brand Board.

    This reappointment is effective immediately, and shall continue until January 7, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

    
January 13, 2010

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 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Mark Kimball, Charles Mix County, Platte, South Dakota, to the State Brand Board.

    This reappointment is effective immediately, and shall continue until January 7, 2013.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.


January 14, 2010

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 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Kenneth D. Albers, Lincoln County, Canton, South Dakota, to the Board of Pardons and Paroles.

    This appointment is effective January 18, 2010, and shall continue until January 20, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on Judiciary.

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Dempster moved that the report of the Standing Committee on

    Retirement Laws on SB 21 as found on page 120 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 90 Introduced by: Senators Hansen (Tom), Gillespie, Heidepriem, Miles, Novstrup (Al), Olson (Russell), and Peterson and Representatives Hamiel, Carson, Feickert, Hunhoff (Bernie), Rausch, Rave, Schlekeway, Solum, Street, Tidemann, and Turbiville

    FOR AN ACT ENTITLED, An Act to provide an exception from one-call notification requirements to natural gas operators in emergency situations.

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

    SB 91 Introduced by: Senators Knudson, Brown, Dempster, Fryslie, Gant, Gray, Hansen (Tom), Novstrup (Al), Rhoden, Schmidt, Tieszen, and Vehle and Representatives Noem, Cronin, Cutler, Gosch, Hoffman, Kirkeby, Lust, Peters, Rausch, Rave, Steele, and Tidemann


    FOR AN ACT ENTITLED, An Act to require legislative approval of certain gaming compacts with Indian tribes.

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

    SB 92 Introduced by: Senators Adelstein, Bradford, Jerstad, Merchant, Tieszen, and Turbak Berry and Representatives Kirkeby, Gosch, Jensen, McLaughlin, and Nygaard

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the reimbursement of referring counties for certain mental health services.

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

    SB 93 Introduced by: Senators Kloucek, Ahlers, Bartling, Bradford, Garnos, Hanson (Gary), Heidepriem, Jerstad, Merchant, Miles, Nesselhuf, Novstrup (Al), Peterson, Schmidt, and Turbak Berry and Representatives Kirkeby, Blake, Elliott, Engels, Fargen, Feickert, Frerichs, Gibson, Hoffman, Hunhoff (Bernie), Jensen, Kirschman, Kopp, Lange, Moser, Putnam, Rounds, Schrempp, Solberg, Sorenson, Thompson, Turbiville, Vanderlinde, Verchio, and Wismer

    FOR AN ACT ENTITLED, An Act to exempt certain small wind energy facilities from property taxation.

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

    SB 94 Introduced by: Senators Kloucek, Ahlers, Bartling, Bradford, Garnos, Hanson (Gary), Heidepriem, Jerstad, Maher, Merchant, Miles, and Peterson and Representatives Hunhoff (Bernie), Blake, Elliott, Engels, Feickert, Frerichs, Gibson, Hoffman, Kirschman, Lange, Lederman, Lucas, Moser, Putnam, Schrempp, Solberg, Sorenson, Thompson, Turbiville, Vanderlinde, and Wismer

    FOR AN ACT ENTITLED, An Act to provide for the establishment of rural community-based energy development projects.

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

    SB 95 Introduced by: Senators Kloucek, Ahlers, Bartling, Bradford, Garnos, Hanson (Gary), Heidepriem, Jerstad, Maher, Merchant, Miles, Peterson, and Turbak Berry and Representatives Frerichs, Blake, Elliott, Engels, Feickert, Gibson, Hoffman, Hunhoff (Bernie), Kirschman, Lange, Lederman, Lucas, Schrempp, Solberg, Sorenson, Thompson, Vanderlinde, and Wismer

    FOR AN ACT ENTITLED, An Act to establish a grant program to fund certain energy efficiency projects.

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

MOTIONS AND RESOLUTIONS

    Sen. Gray moved that the remainder of the Senate Calendar of Monday, January 25, the 9th legislative day be deferred to Tuesday, January 26, the 10th legislative day.

    Which motion prevailed.

    Sen. Garnos moved that the Senate do now adjourn, which motion prevailed and at 5:01 p.m. the Senate adjourned.

Trudy Evenstad, Secretary