JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 26, 2009

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

     The prayer was offered by the Chaplain, Rev. Howard Grinager, followed by the Pledge of Allegiance led by Senate pages Sigrid Wald and Karen Zahradnicek.

     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 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.
    The oath of office was administered by the President to the following named persons:

             Pages _ Brielle Betzold, Tessa Bollinger, Marit Hoyme, McKenzie Jones, Suzannah Kloucek, Michael Mayclin, Allyson Pierce, Erin Schoenbeck, Sarah Thvedt, Thad Titze, Sigrid Wald, Karen Zahradnicek

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 73 and HB 1032 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 Taxation respectfully reports that it has had under consideration SB 16 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 12 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  4 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  1083 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 3 and returns the same with the recommendation that said bill be amended as follows:

3fa

     On page 3, line 7, of the printed bill, delete " fifteen " and insert " ten ".

    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 Bruce Rampelberg of Pennington County, Rapid City, South Dakota, to the Housing Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Curt Jones of Marshall County, Britton, South Dakota, to the Housing Development Authority 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 the nomination of Judy Greff of Beadle County, Huron, South Dakota, to the Career Service Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Thomas A. Dempster, Chair

CONSIDERATION OF REPORTS OF COMMITTEE

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

     Transportation on SB 17 as found on page 162 of the Senate Journal ; also

     Transportation on SB 18 as found on page 162 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 84  Introduced by:  Senators Knudson, Gray, and Turbak Berry and Representatives Lust, Cutler, and Feinstein

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to collateral real estate mortgages.

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

     SB 85  Introduced by:  Senators Knudson, Adelstein, Brown, Fryslie, Gant, Gray, Hansen (Tom), Howie, Hunhoff (Jean), Novstrup (Al), Schmidt, and Tieszen and Representatives Peters, Carson, Deadrick, Kirkeby, and Krebs

     FOR AN ACT ENTITLED, An Act to clarify certain rules of evidence to determine the value of services for which special damages may be awarded in health care malpractice cases.

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

     SB 86  Introduced by:  Senators Hundstad, Abdallah, Ahlers, Bartling, Bradford, Brown, Fryslie, Gant, Gillespie, Gray, Hanson (Gary), Haverly, Heidepriem, Howie, Hunhoff (Jean), Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, Schmidt, and Turbak Berry and Representatives Feickert, Blake, Hunhoff (Bernie), Solberg, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning the application of the inventory tax on certain fuels in storage on January 1, 1996.

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

     SB 87  Introduced by:  Senators Howie, Peterson, and Rhoden and Representatives Turbiville, Brunner, Greenfield, Noem, Olson (Betty), Pitts, and Rausch


     FOR AN ACT ENTITLED, An Act to repeal the forthcoming mandate that, beginning on July 1, 2009, will require students to stay in school until age eighteen or graduation.

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

     SB 88  Introduced by:  Senators Garnos, Bartling, Bradford, Brown, Fryslie, Hansen (Tom), Howie, Knudson, Maher, and Rhoden and Representatives Juhnke, Olson (Betty), Rave, Russell, Vanneman, and Wink

     FOR AN ACT ENTITLED, An Act to rescind the repeal on funding for sparse school districts that will take effect on June 30, 2009.

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

     SB 89  Introduced by:  Senators Knudson, Heidepriem, and Tieszen and Representatives Lust, Cronin, Cutler, Deadrick, Dreyer, Feinstein, Gosch, Novstrup (David), and Vanneman

     FOR AN ACT ENTITLED, An Act to adopt the revised uniform commercial code, Article 7-Documents of Title.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 5: FOR AN ACT ENTITLED, An Act to revise the form and style of certain provisions and to delete certain obsolete provisions regarding the Department of Tourism and State Development.

     Was read the second time.

     The question being "Shall SB 5 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 8: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the promulgation of rules to set various licensing and other fees for certain professions and occupations.

     Was read the second time.

     The question being "Shall SB 8 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 53: FOR AN ACT ENTITLED, An Act to modify the type of financial documents required for a grain buyer's license and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 53 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 54: FOR AN ACT ENTITLED, An Act to revise how certain rates are determined for grain warehouse operators.

     Was read the second time.

     The question being "Shall SB 54 pass?"

     And the roll being called:

     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Kloucek

     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 55: FOR AN ACT ENTITLED, An Act to revise the requirements regarding the licensing and regulation of grain buyers.

     Was read the second time.

     The question being "Shall SB 55 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     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 59: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the amount of the filing fee for the siting of energy facilities.

     Was read the second time.

     The question being "Shall SB 59 pass?"

     And the roll being called:


     Yeas 34, Nays 1, Excused 0, Absent 0

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

     Nays:
Kloucek

     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 71: FOR AN ACT ENTITLED, An Act to broaden the application of the public indecency and indecent exposure statutes.

     Was read the second time.

     The question being "Shall SB 71 pass?"

     And the roll being called:

     Yeas 29, Nays 6, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Schmidt; Tieszen; Vehle

     Nays:
Ahlers; Haverly; Heidepriem; Howie; Rhoden; 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.

     SB 39: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Education to reimburse certain school districts for consolidation incentives and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 39 pass?"

     And the roll being called:


     Yeas 35, Nays 0, Excused 0, Absent 0

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

     So the bill having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill passed and the title was agreed to.

     SB 42: FOR AN ACT ENTITLED, An Act to impose the sales tax on the gross receipts derived from renting mini-storage units, self-storage units, or storage space and the use tax on the use of mini-storage units, self-storage units, or storage space and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 42 pass?"

     And the roll being called:

     Yeas 20, Nays 15, Excused 0, Absent 0

     Yeas:
Adelstein; Bradford; Brown; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Hunhoff (Jean); Jerstad; Knudson; Merchant; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Vehle

     Nays:
Abdallah; Ahlers; Bartling; Gant; Gillespie; Haverly; Heidepriem; Howie; Hundstad; Kloucek; Maher; Miles; Peterson; Schmidt; Turbak Berry

     So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

     Pursuant to Joint Rule 5-13.1, SB 42 was up for immediate reconsideration.

     SB 42: FOR AN ACT ENTITLED, An Act to impose the sales tax on the gross receipts derived from renting mini-storage units, self-storage units, or storage space and the use tax on the use of mini-storage units, self-storage units, or storage space and to declare an emergency.

     Having had its second reading was up for reconsideration and final passage.

42xa

     Sen. Knudson moved that SB 42 be amended as follows:

     On page 2 of the printed bill, delete lines 9 to 11, inclusive.

     Which motion prevailed.

     The question being "Shall SB 42 pass as amended?"

     And the roll being called:

     Yeas 18, Nays 17, Excused 0, Absent 0

     Yeas:
Adelstein; Bradford; Brown; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hunhoff (Jean); Jerstad; Knudson; Merchant; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Vehle

     Nays:
Abdallah; Ahlers; Bartling; Gant; Gillespie; Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Kloucek; Maher; Miles; Nesselhuf; Peterson; Schmidt; Turbak Berry

     So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

     The question being on the title.

42xta

     Sen. Knudson moved that the title to SB 42 be amended as follows:

     On page 1, line 3, of the printed bill, delete "and to declare an emergency".

     Which motion prevailed.

     SB 47: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 47 pass?"

     And the roll being called:

     Yeas 22, Nays 13, Excused 0, Absent 0


     Yeas:
Abdallah; Adelstein; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

     Nays:
Ahlers; Bartling; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

     So the bill not having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the bill lost.

     Sen. Knudson announced his intention to reconsider the vote by which SB 47 was lost.

     Sen. Knudson moved that SB 48 and 68 be deferred to Tuesday, January 27, the 10th legislative day.

     Which motion prevailed.

     SB 65: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

     Was read the second time.

     The question being "Shall SB 65 pass as amended?"

     And the roll being called:

     Yeas 33, Nays 2, Excused 0, Absent 0

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

     Nays:
Bradford; Gray

     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.

COMMEMORATIONS

     SC 3  Introduced by:  Senators Hunhoff (Jean), Ahlers, Bradford, Brown, Fryslie, Garnos, Gillespie, Gray, Heidepriem, Howie, Jerstad, Kloucek, Knudson, Nesselhuf, Novstrup (Al), Olson (Russell), and Peterson and Representatives Rounds, Bolin, Brunner, Elliott, Fargen, Gibson, Hamiel, Jensen, Juhnke, Killer, Lederman, Lucas, McLaughlin, Moser, Olson (Betty), Olson (Ryan), Putnam, Rave, Romkema, Schlekeway, Sly, Sorenson, Thompson, and Vanneman

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 2007-2008 Outstanding School Administrators of South Dakota: David Peters, Spearfish, School Superintendent; Richard Unruh, Jr., Yankton, School Business Official; Norman Graham, Sturgis, Elementary School Principal; Neil Goter, Wagner, Secondary School Principal; Michael Taplett, Huron, Middle School Principal; Brad Brandsrud, Watertown, Assistant Secondary Principal; Dorothy Zuiderhof, Brookings, Curriculum Director; and Dennis Champ, Pierre, Director of Special Education for being named outstanding administrators by their respective administrator parent groups.

     WHEREAS,  these administrators have been elected by their peers for outstanding service and dedication to education; and

     WHEREAS,  the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these eight educational administrators is two hundred fifty-nine years; and

     WHEREAS,  each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that David Peters, Richard Unruh, Jr., Norman Graham, Neil Goter, Michael Taplett, Brad Brandsrud, Dorothy Zuiderhof, and Dennis Champ are named as official representatives of the School Administrators of South Dakota and are encouraged to continue their efforts to improve the educational opportunities for the citizens of the state.

     Sen. Garnos moved that the Senate do now adjourn, which motion prevailed and at 4:07 p.m. the Senate adjourned.

Trudy Evenstad, Secretary