Senate Journal 2/25/2010 01:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 25, 2010

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Jenny Hallenbeck, followed by the Pledge of Allegiance led by Senate page Sean Bogue.

Roll Call: All members present except Sens. Hanson (Gary), Hundstad, Nesselhuf, 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 twenty-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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1071, 1075, 1076, 1078, 1079, 1080, and 1104 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Sharon Kallemeyn of Pennington County, Rapid City, South Dakota, to the Crime Victims Compensation 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 Judiciary respectfully reports that it has had under consideration the nomination of Brian K. Zeeb of Brookings County, Brookings, South Dakota, to the South Dakota Council for Interstate Adult Offender Supervision and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1180 and 1206 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the House Commerce Committee engrossed bill, delete lines 18 to 20, inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1002 and returns the same with the recommendation that said bill be amended as follows:

On page 3, line 9, of the House engrossed bill, delete "less than twenty-one years old" and insert "eighteen years old or older".

On page 3, delete lines 10 and 11, and insert "beverages.".

On page 1, line 12, of the House engrossed bill, after "sale" insert ", service, and consumption".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration HB 1118 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 2, of the printed bill, after "." insert "However, the employer or the employer's insurer shall promptly reimburse and hold harmless the employee for any damages arising from the collection of, or attempt to collect, fees in excess of the amount allowed by this section."

And that as so amended said bill do pass.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 68 was delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 25, 2010.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 13 and 157 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1014 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1014 be amended as follows:

1014tb

On page 1, line 10, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete "seventy" and insert "sixty".

On page 1, line 12, delete "fifty" and insert "forty".

On page 1, line 14, delete "twenty" and insert "ten".

On page 2, line 21, remove the overstrikes from "or".

On page 2, line 22, delete ", trophy antelope, trophy mule deer, or trophy white-tailed deer".

On page 2, line 23, after "goat" delete "or," and insert "or".

On page 2, line 23, delete ", or trophy elk".

On page 3, line 3, after "." insert "The civil damages for each trophy antelope, trophy mule deer, and trophy white-tailed deer as defined in section 1 of this Act may not be less than two thousand dollars and may not exceed five thousand dollars, and the civil damages for each trophy elk as defined in section 1 of this Act may not be less than six thousand dollars and may not exceed ten thousand dollars."

Respectfully submitted,    Respectfully submitted,
Lance Russell    Larry Rhoden
House Committee Chair    Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 13 and 157 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 24 and 26 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1011: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as observer in the International Civil Aviation Organization and United Nations Framework Convention on Climate Change.

Was read the first time, the President waived the referral to committee, and placed HCR 1011 on the calendar of Monday, March 1, the 29^th legislative day.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

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

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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.

HB 1047: FOR AN ACT ENTITLED, An Act to clarify certain powers of the state as conservator of a protected person.

Was read the second time.

The question being "Shall HB 1047 pass as amended?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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.

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 second time.

The question being "Shall HB 1059 pass?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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.

HB 1128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire protection services provided through township funding.

Was read the second time.

The question being "Shall HB 1128 pass as amended?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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.

HB 1149: FOR AN ACT ENTITLED, An Act to allow certain municipal interfund loans

Was read the second time.

The question being "Shall HB 1149 pass?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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.

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 second time.

The question being "Shall HB 1171 pass as amended?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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.

HB 1252: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment in lieu of taxes for certain housing projects exempt from property taxation.

Was read the second time.

The question being "Shall HB 1252 pass as amended?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Hanson (Gary); Hundstad; Nesselhuf; Novstrup (Al); Peterson; Turbak Berry

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 HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that HB 1027, 1042, 1048, 1051, 1052, 1056, 1127, 1188, 1260, 1016, 1025, 1026, 1033, 1088, 1095, 1160, and 1275 be deferred to Monday, March 1, the 29^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning petitions and elections.

SB 157: FOR AN ACT ENTITLED, An Act to authorize the construction of nursing facilities on American Indian reservations under certain circumstances.

And signed the same in the presence of the Senate.

Sen. Schmidt moved that the Senate do now adjourn, which motion prevailed and at 1:21 p.m. the Senate adjourned.

Trudy Evenstad, Secretary