JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 26, 2010

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

    The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by Senate pages Kalyn Eulberg and Richmond Fiksdal.

    Roll Call: All members present except Sens. Hanson (Gary) and Nesselhuf 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 ninth 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.
    The oath of office was administered by the President Pro Tempore to the following named persons:

            Pages _ Ashley Cremers, Kalyn Eulberg, Haley Henrichs, Sara Jorgensen, Christina Rash

    Which was subscribed to and placed on file in the office of the Secretary of State.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 96 Introduced by: Senators Rhoden, Bradford, Fryslie, Maher, Nesselhuf, and Schmidt and Representatives Hunt, Brunner, Dennert, Elliott, Feickert, Frerichs, Greenfield, Hoffman, Iron Cloud III, Jensen, Killer, Kirkeby, Kopp, Krebs, Lederman, Noem, Nygaard, Olson (Betty), Schrempp, Sly, Steele, Thompson, Verchio, and Wink

    FOR AN ACT ENTITLED, An Act to provide for the registration of certified professional midwives.

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

    SB 97 Introduced by: Senators Gray, Abdallah, Ahlers, Garnos, Maher, Nesselhuf, Olson (Russell), Tieszen, Turbak Berry, and Vehle and Representatives Schlekeway, Bolin, Fargen, Greenfield, Juhnke, Kirkeby, Rausch, Rounds, Street, and Thompson

    FOR AN ACT ENTITLED, An Act to provide that salvage titles be issued for stolen vehicles and to provide that thefts be noted on the title of recovered motor vehicles.

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

    SB 98 Introduced by: Senators Tieszen, Abdallah, Gant, Merchant, Miles, Nelson, Rhoden, and Schmidt and Representatives Krebs, Brunner, Kirkeby, Lucas, McLaughlin, and Schlekeway

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the yielding of the right-of-way to pedestrians making a crossing of a highway.

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

    SB 99 Introduced by: Senators Hansen (Tom), Bradford, Fryslie, Kloucek, Maher, and Merchant and Representatives Juhnke, Burg, Cronin, Dennert, Fargen, Feickert, Frerichs, Greenfield, Hoffman, Kirkeby, Kopp, Olson (Betty), Putnam, Romkema, and Turbiville

    FOR AN ACT ENTITLED, An Act to revise the distribution of the pesticide registration fee and to establish the weed and pest early detection rapid response fund.



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

    SB 100 Introduced by: Senators Haverly, Abdallah, Hunhoff (Jean), Kloucek, and Turbak Berry and Representatives Putnam, Brunner, Cronin, Gibson, Kirkeby, Krebs, Lange, Peters, Tidemann, and Turbiville

    FOR AN ACT ENTITLED, An Act to continue the motorcycle safety education fee.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Kloucek requested that SB 35 be removed from the Consent Calendar.

    SB 15: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding fire prevention.

    Was read the second time.

    The question being “Shall SB 15 pass?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Gillespie; Hanson (Gary); Nesselhuf

    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 31: FOR AN ACT ENTITLED, An Act to update certain provisions regarding the reimbursable expense exemption from the sales and service tax allowed licensed accountants.

    Was read the second time.


    The question being “Shall SB 31 pass as amended?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Gillespie; Hanson (Gary); Nesselhuf

    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 32: FOR AN ACT ENTITLED, An Act to revise the process for the reporting of surplus lines insurance.

    Was read the second time.

    The question being “Shall SB 32 pass?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Gillespie; Hanson (Gary); Nesselhuf

    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 42: FOR AN ACT ENTITLED, An Act to prohibit the employment of certain persons in unregistered family day care homes and to provide a penalty therefor.



    Was read the second time.

    Sen. Brown moved that SB 42 be referred to the Committee on Health and Human Services.

    Which motion prevailed.


    SB 52: FOR AN ACT ENTITLED, An Act to revise fees for certain phytosanitary certificates and inspections.

    Was read the second time.

    The question being “Shall SB 52 pass?”

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0

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

    Nays:
Kloucek

    Excused:
Gillespie; Hanson (Gary); Nesselhuf

    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 58: FOR AN ACT ENTITLED, An Act to revise certain real property taxes for small renewable energy facilities.

    Was read the second time.

    Sen. Hunhoff (Jean) requested a fiscal note on SB 58.

    Which request was supported.


    SB 18: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions regarding retired members of the South Dakota Retirement System who return to covered employment and to declare an emergency.

    Was read the second time.

    Sen. Knudson moved that SB 18 be deferred to Wednesday, January 27, the 11th legislative day.

    Which motion prevailed.

    SB 19: FOR AN ACT ENTITLED, An Act to increase contributions related to the optional spouse protection program within the South Dakota Retirement System and to prohibit any new enrollments in the program.

    Was read the second time.

    The question being “Shall SB 19 pass?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Gillespie; Hanson (Gary); Nesselhuf

    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 20: FOR AN ACT ENTITLED, An Act to revise certain retirement provisions within the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall SB 20 pass?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0


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

    Nays:
Vehle

    Excused:
Hanson (Gary); Nesselhuf

    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 SB 21 be deferred to Wednesday, January 27, the 11th legislative day.

    Which motion prevailed.

    Sen. Gant moved that the Senate do now adjourn, which motion prevailed and at 2:48 p.m. the Senate adjourned.

Trudy Evenstad, Secretary