JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 12, 2010

    The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of Allegiance led by Senate pages Reagan Nielsen and Abigail Olfert.

    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 nineteenth 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.
HONORED GUESTS

    The President introduced the 4-H Rodeo Ambassador Kristina Maddocks from Hecla, South Dakota, to the body.

    The President also introduced the 2010 Boys & Girls Club Youth of the Year Contestants Melissa Howe, representing the Boys & Girls Clubs of Three District Youth Services; Arisbet Escalante, representing the Boys & Girls Clubs of the Black Hills; Bryana Schull, representing Ellsworth Air Force Base Youth Activities Center; Kami Bailey, representing the Boys & Girls Club of Watertown; Nikol Purucker, representing the Boys & Girls Club of Brookings; and Torey Williams, representing the Boys & Girls Club of Aberdeen, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 130 and HB 1034 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 1006 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 176 and 182 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 101 and returns the same with the recommendation that said bill be amended as follows:

101fb

    On page 1, line 5, of the printed bill, delete "pilot" and insert "2011".
    On page 1, delete line 6, and insert "board election using the provisions of this section. The election shall".

    On page 2, line 2, delete "and".

    On page 2, line 3, after "electronically" insert ";

            (5)    The electronic pollbook shall be connected via a secure intranet to a single database of voters registered for this election. As a voter presents himself or herself to vote, the electronic pollbook shall be updated with an indicator that the person has voted. At least every ten minutes the electronic pollbook shall update the single database and any other electronic pollbook with the same information; and

            (6)    The entire school district is designated as one voting precinct for this election".

    On page 2, line 4, delete "a pilot"and insert "an".

    On page 2, line 5, delete "pilot".

    On page 2, line 9, delete "pilot".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 155 and returns the same with the recommendation that said bill be amended as follows:

155ta

    On page 1, line 15, of the printed bill, before "If" insert "For purposes of this Act, the term, substantial unfunded financial mandate, means any mandate that results in a cost to the political subdivision of ten thousand dollars or more.".

    And that as so amended said bill do pass.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill be referred to the Committee on State Affairs.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 143, 162, 174, and 193 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 192 and HB 1094 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 181 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill be amended as follows:

69ja

    On page 1, line 12, of the printed bill, after "." insert "Any solicitation for a provider for the new facility shall be conducted pursuant to the provisions of §§ 5-18-57 to 5-18-62, inclusive."
    On page 2, line 4, delete "fifty" and insert "fifteen".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 107 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 140 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1005 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 State Affairs respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill be amended as follows:

137ra

    On page 1, line 5, of the printed bill, after "choose" insert "their personal physician,".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Dick Werner of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission 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 State Affairs respectfully reports that it has had under consideration SJR 4 and 6 and SB 135 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1042, 1102, 1127, 1129, 1152, 1171, 1183, 1239, and 1241 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Knudson moved that HCR 1008 be deferred to Tuesday, February 16, the 21st legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Jerstad moved that the words "without recommendation" be stricken from the report of the Committee on Transportation on SB 70 as found on page 289 of the Senate Journal, that the words "do pass" be inserted, and that SB 70 be immediately considered.

    Sen. Heidepriem moved that consideration of Sen. Jerstad's motion be deferred until Tuesday, February 16, the 21st legislative day.

    Which motion prevailed.

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

    Judiciary on SB 12 as found on page 292 of the Senate Journal; also

    Commerce on SB 81 as found on page 291 of the Senate Journal; also

    Judiciary on SB 103 as found on page 296 of the Senate Journal; also

    Commerce on SB 108 as found on page 290 of the Senate Journal; also

    Judiciary on SB 132 as found on page 296 of the Senate Journal; also

    Education on SB 145 as found on page 289 of the Senate Journal; also

    Education on SB 191 as found on page 290 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1042: FOR AN ACT ENTITLED, An Act to increase certain billboard permit fees.

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

    HB 1102: FOR AN ACT ENTITLED, An Act to repeal certain provisions establishing the Wall Lake State Game Bird Refuge in Hand County.

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

    HB 1127: FOR AN ACT ENTITLED, An Act to authorize landowners and lessees to possess certain game animal and game bird trophies.

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

    HB 1129: FOR AN ACT ENTITLED, An Act to provide for the early reinstatement of a student expelled from school under certain circumstances.

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

    HB 1152: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for entrepreneurship education.

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

    HB 1171: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the fees for certain special motor vehicle license plates.

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

    HB 1183: FOR AN ACT ENTITLED, An Act to authorize birth centers to operate in the state.

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

    HB 1239: FOR AN ACT ENTITLED, An Act to establish certain procedures for counties to follow when requiring landowners to cut and remove grass, weeds, and brush from the road right-of-way.

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

    HB 1241: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged.

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

    Sen. Knudson moved that the remainder of the calendar including SB 2, 76, 96, 152, and 172 and HB 1058, 1101, and 1108 be deferred to Tuesday, February 16, the 21st legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1015: FOR AN ACT ENTITLED, An Act to repeal the imposition of the five dollar surcharge on mentored youth big game hunting licenses.

    HB 1031: FOR AN ACT ENTITLED, An Act to define conference bridging services for sales and use tax purposes.

    And signed the same in the presence of the Senate.

    Sen. Jerstad moved that the Senate do now adjourn, which motion prevailed and at 12:52 p.m. the Senate adjourned.

Trudy Evenstad, Secretary