Senate Journal 1/30/2009 12:00 PM

Sincerely,
M. Michael Rounds
Governor

COMMUNICATIONS AND PETITIONS

January 8, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Virginia Nelson, Pennington County, Rapid City, South Dakota, to the South Dakota Lottery Commission.

This reappointment is effective immediately, and shall continue until January 1, 2012.

The President announced the referral of the reappointment to the Committee on State Affairs.

January 8, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Duane Schmautz, Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

This reappointment is effective immediately, and shall continue until January 1, 2012.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the reappointment to the Committee on State Affairs.

January 8, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 1-16I of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Michael Ropp, Brookings County, Brookings, South Dakota, to the South Dakota Energy Infrastructure Authority.

This reappointment is effective immediately, and shall continue until June 30, 2014.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the reappointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 52 and returns the same with the recommendation that said bill do pass.

The Committee on Appropriations respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:

66ma

On page 2, line 5, of the printed bill, delete everything after "conditions" and insert "."

On page 2, delete line 6.

On page 2, line 11, after "." insert "No contract for construction shall be issued until the donated funds referred to in section 2 of this Act have been accumulated sufficient to pay for the construction, completion, furnishing, equipping, including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, and architectural and engineering services required to construct the addition."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 67 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 109 and returns the same with the recommendation that said bill do pass.

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 19 and 20 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

The Committee on Transportation respectfully reports that it has had under consideration SB 79 and returns the same with the recommendation that said bill be amended as follows:

79fa

On page 1, after line 5 of the printed bill, insert:

"Section 2. That chapter 32-38 be amended by adding thereto a NEW SECTION to read as follows:

For the purpose of this chapter, a passenger bus means any self-propelled vehicle used on a highway to transport passengers if the vehicle:

(1) Has a gross vehicle weight rating, or gross vehicle weight, of ten thousand one pounds or more, whichever is greater; or

(2) Is designed or used to transport more than fifteen passengers, including the driver."

79fta

On page 1, line 1, of the printed bill, after "laws" insert "and to define passenger buses".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 103 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

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

Respectfully submitted,
Thomas A. Dempster, Chair

The Committee on Taxation respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill do pass.

The Committee on Taxation respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill be amended as follows:

86fa

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 10-47B-14 be amended to read as follows:

10-47B-14. Any person having title to ~~undyed special fuel and jet fuel in storage on January 1, 1996~~ any fuel in storage subject to the fuel excise tax pursuant to § 10-47B-4 immediately prior to a tax increase under this chapter , is subject to an inventory tax based on the gallons in storage as of the close of the business day preceding the effective date of the increased tax rate.

Section 2. That § 10-47B-16 be amended to read as follows:

10-47B-16. In determining the amount of ~~special~~ fuel tax due under §§ 10-47B-14 and 10- 47B-15, the person may exclude the amount of ~~special~~ fuel that will not be pumped out of the storage tank because the ~~special~~ fuel is below the mouth of the draw pipe. For this purpose, the person may deduct two hundred gallons for a storage tank with a capacity of more than one thousand gallons and less than ten thousand gallons, and four hundred gallons for a storage tank with a capacity of ten thousand gallons or more.

Section 3. That § 10-47B-17 be amended to read as follows:

10-47B-17. The amount of the inventory tax imposed by § 10-47B-14 is equal to the ~~special fuel~~ tax rate indicated in § 10-47B-4 times the gallons in storage as determined under ~~§ 10-47B- 15~~ § § 10-47B-15 and 10-47B-16 . "

86fta

On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

On page 1, line 2, delete "on January 1, 1996" and insert "immediately prior to a tax increase".

And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1013, 1014, 1034, 1051, 1066, 1092, 1094, 1095, 1100, and 1110 which have passed the House and your favorable consideration is respectfully requested.

I have the honor to transmit herewith HCR 1004 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1004: A CONCURRENT RESOLUTION, Urging Congress to reauthorize the State Children's Health Insurance Program.

Was read the first time, the President waived the referral to committee, and placed HCR 1004 on the calendar of Monday, February 2, the 14^th legislative day.

Yesterday, Sen. Heidepriem announced his intention to reconsider the vote by which SB 38 passed.

Sen. Heidepriem moved that the Senate do now reconsider the vote by which SB 38 passed.

The question being on Sen. Heidepriem's motion to reconsider the vote by which SB 38 passed.

Yeas 16, Nays 17, Excused 2, Absent 0

Yeas:
Ahlers; Bartling; Bradford; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Tieszen; Turbak Berry

Nays:
Abdallah; Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Haverly; Howie; Hunhoff (Jean); Knudson; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Vehle

Excused:
Gray; Hansen (Tom)

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

Yesterday, Sen. Hunhoff (Jean) announced her intention to reconsider the vote by which SB 68 passed.

Sen. Hunhoff (Jean) moved that the Senate do now reconsider the vote by which SB 68 passed.

The question being on Sen. Hunhoff (Jean)'s motion to reconsider the vote by which SB 68 passed.

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Fryslie; Gant; Hansen (Tom); Haverly; Howie; Hundstad; Hunhoff (Jean); Kloucek; Maher; Merchant; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Vehle

Nays:
Adelstein; Dempster; Garnos; Gillespie; Hanson (Gary); Heidepriem; Jerstad; Knudson; Miles; Nelson; Nesselhuf; Olson (Russell); Turbak Berry

Excused:
Gray

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 68 was up for reconsideration and final passage.

SB 68: FOR AN ACT ENTITLED, An Act to authorize the establishment, operation, and control of research parks on state land.

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

68ma

Sen. Hunhoff (Jean) moved that SB 68 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and all amendments thereto and insert:

"Section 1. The Board of Regents may provide for the construction, development, maintenance, and operation of a research park on the property in Sioux Falls acquired pursuant to chapter 106 of the 2006 Session Laws. The research park authorized by this section may not occupy more than eighty acres. All limitations imposed by chapter 106 of the 2006 Session Laws upon the use of University Center land shall continue in full force and effect with the exception of the separately platted tracts occupied by the research park authorized by this section. Such separately platted tracts shall, instead, be subject to the limitations on the use of research parks stated in this Act."

Yeas:
Abdallah; Adelstein; Bradford; Dempster; Gant; Garnos; Gillespie; Hansen (Tom); Heidepriem; Howie; Hunhoff (Jean); Jerstad; Knudson; Maher; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Tieszen; Turbak Berry; Vehle

The question being "Shall SB 68 pass as amended?"

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

Nays:
Ahlers; Bartling; Brown; Fryslie; Hanson (Gary); Haverly; Hundstad; Kloucek; Merchant; Peterson; Schmidt

Excused:
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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 74 as found on page 218 of the Senate Journal ; also

Agriculture and Natural Resources on SB 75 as found on page 218 of the Senate Journal ; also

Judiciary on HB 1087 as found on page 218 of the Senate Journal be adopted.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 164 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2009 to fund the South Dakota Opportunity Scholarship.

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

SB 165 Introduced by: Senators Adelstein, Gray, and Knudson and Representatives Feinstein, Jensen, and Kirkeby

FOR AN ACT ENTITLED, An Act to provide for the authorization of certain private, nonprofit benevolent organizations to assist in funding certain school curricula, activities, and programs.

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

SB 166 Introduced by: Senator Maher and Representatives Olson (Betty), Feickert, Greenfield, Kirkeby, Lange, and Schrempp

FOR AN ACT ENTITLED, An Act to restrict the deactivation or relocation of certain National Guard units.

Was read the first time and referred to the Committee on State Affairs.

SB 167 Introduced by: Senator Maher and Representatives Olson (Betty), Feickert, Greenfield, Kirkeby, Lange, and Schrempp

FOR AN ACT ENTITLED, An Act to provide for the creation of the National Guard Commission.

Was read the first time and referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the South Dakota Retirement System, the South Dakota deferred compensation plan, and the South Dakota special pay retirement program.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1014: FOR AN ACT ENTITLED, An Act to revise certain restrictions on the purchase of certain credited service by members of the South Dakota Retirement System.

Was read the first time and referred to the Committee on Retirement Laws.

HB 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to earnings subject to garnishment.

Was read the first time and referred to the Committee on State Affairs.

HB 1051: FOR AN ACT ENTITLED, An Act to make the sale or purchase of lawfully mounted fish an exception to the prohibition against the sale or purchase of fish taken from the waters of the state.

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

HB 1066: FOR AN ACT ENTITLED, An Act to revise certain responsibilities of the Supreme Court regarding the Commission on Judicial Qualifications.

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

HB 1092: FOR AN ACT ENTITLED, An Act to regulate the practice of genetic counseling and to prohibit the practice of genetic counseling without a license.

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

HB 1094: FOR AN ACT ENTITLED, An Act to require applicants for licensure as real estate brokers, broker associates, salespersons, property managers, residential rental agents, auctioneers, home inspectors, and timeshare agents and such licensees who are the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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

HB 1095: FOR AN ACT ENTITLED, An Act to include the improper influence of a real estate appraisal by a real estate licensee to the acts constituting unprofessional conduct.

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

HB 1100: FOR AN ACT ENTITLED, An Act to revise where business records of insurance producers may be maintained.

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

HB 1110: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to limited liability for Y2K litigation.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Bradford requested that HB 1046 be removed from the Consent Calendar.

HB 1029: FOR AN ACT ENTITLED, An Act to modify the requirements for a filing of a consent to rate for property casualty insurance.

The question being "Shall HB 1029 pass?"

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; 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; 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.

HB 1044: FOR AN ACT ENTITLED, An Act to define a multidistrict, career and technical academy and to provide provisions for the establishment of such an academy.

The question being "Shall HB 1044 pass?"

HB 1045: FOR AN ACT ENTITLED, An Act to repeal the provisions for the South Dakota Academic Achievement Test Advisory Council.

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.

The question being "Shall HB 1045 pass?"

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 1085: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning magistrate judge jurisdiction.

The question being "Shall HB 1085 pass?"

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

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 47, 48, and 88 be deferred to Monday, February 2, the 14^th legislative day.