Senate Journal 1/20/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION

FIFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 20, 2009

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

The prayer was offered by the Chaplain, Bishop David Zellmer, followed by the Pledge of Allegiance led by Senate pages Emily Mutschelknaus and Mariah Potts.

Roll Call: All members present except Sen. Turbak Berry who was 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 fourth 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 Miss Cindy Syrovatka, Tabor, Czech Days Queen; Miss Katie Kniffen, Princess; and Brady Dangler, Prince.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 15 and 35 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 6 and 7 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 SB 33 and returns the same with the recommendation that said bill be amended as follows:

33fa

On page 3, after line 2 of the printed bill, insert:

"Section 3. That § 23-7-10 be repealed.

23-7-10. At the time of purchase of a pistol, any person who does not have in his or her possession a valid permit to carry a concealed pistol shall complete an application to purchase a pistol. The form of the application to purchase a pistol shall be prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, physical description, the date and hour of application, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a statement that the information on the application is true and correct, and his signature. The federal firearms licensee shall, within six hours, send by first class mail or hand deliver the completed application to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The duplicate shall be returned to the federal firearms licensee by the chief of police or sheriff and the original shall be retained for a period of one year. "

33rb

On page 2, line 19, of the printed bill, after "days" insert " immediately ".

33fta

On page 1, line 2, of the printed bill, after "pistol" insert "and to repeal certain requirements concerning applications to purchase a pistol".

And that as so amended said bill do pass.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce respectfully reports that it has had under consideration SB 24, 27, 28, and 62 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 39 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mike Authier of Vivian, Lyman County, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Timothy Kessler of Aberdeen, Brown County, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of James E. McMahon of Canton, Lincoln County, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the Senate and House.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House Journals, bills, and other legislative printing.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Faehn, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the two houses to receive a budget message from the Governor.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committe for the purpose of arranging a Joint Session of the two houses to receive a budget message from the Governor.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to make arrangements for the Joint Session to receive a message of the Governor on the budget.

Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, and Heidepriem
.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF JOINT-SELECT COMMITTEE

MR. PRESIDENT:

Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Governor on the budget respectfully reports:

That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 2:00 p.m., January 22, 2009.

That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

That when the message of the Governor has been received, the Joint Session be dissolved and that the Senate retire to the Senate Chamber to proceed with its regular order of business.

That the message of the Governor be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Bob Gray
Val Rausch    Dave Knudson
Bernie Hunhoff    Scott Heidepriem
House Committee    Senate Committee