JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



FOURTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 2, 2009

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

     The prayer was offered by the Chaplain, Rev. Dan Varns, followed by the Pledge of Allegiance led by Senate pages Allyson Pierce and Marit Hoyme.

     Roll Call: All members present except Sen. Howie 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 thirteenth 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.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 129 and returns the same with the recommendation that said bill be amended as follows:

129fb

     On page 1, line 10, of the printed bill, overstrike everything after "."

     On page 1, overstrike lines 11 to 13, inclusive.

     On page 1, line 14, overstrike everything before "Subdivision" .

    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 102 which was 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 121 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1032.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Kloucek moved that the Committee on State Affairs be instructed to deliver SB 93 to the floor of the Senate, pursuant to Joint Rule 7-7.

     Which motion was supported.

     SCR 2  Introduced by:  Senators Kloucek, Gray, Howie, Maher, and Turbak Berry and Representatives Lucas, Boomgarden, Feickert, Frerichs, Greenfield, Jensen, Nygaard, Olson (Betty), Schrempp, Sorenson, and Street

         A CONCURRENT RESOLUTION,  Urging the reinstatement and funding of a federal inspection program governing horse slaughter and euthanasia facilities.

     WHEREAS,  in recent years, the slaughter and processing of horses has become a controversial and emotional issue which has resulted in the recent closing of the last horse processing and slaughter facility in the United States; and

     WHEREAS,  thousands of unwanted horses annually are exposed to potential abandonment and neglect because of the cessation of horse slaughter in the United States, and efforts to prohibit the transport and export of horses for slaughter purposes only exacerbate this problem. These additional unwanted horses each year compete for adoption with the wild horses that are fed and sheltered at public expense; and

     WHEREAS,  the nation's inadequate and overburdened horse rescue and adoption facilities cannot begin to handle the influx of additional unwanted and abandoned horses each year that result from the cessation of equine slaughter, processing, and transport activity; and

     WHEREAS,  in the United States the harvest of animals under federal inspection is highly regulated to provide for humane handling of the animals as well as for a safe and wholesome product. Horse processing in the United States was the most tightly regulated of any animal harvest, and the horse is the only animal whose transportation to processing was regulated; and
     WHEREAS,  equine slaughter in many foreign facilities is not held to the standards for humane handling and euthanasia required in the United States and often involves practices that would not be tolerated in this country; and

     WHEREAS,  there is a critical need for humane horse processing facilities in the United States to reduce the suffering inflicted on unwanted and abandoned horses and to meet overseas export markets for horsemeat in a humane manner; and

     WHEREAS,  horse processing facilities cannot be established in the United States unless federal inspection for such facilities is funded and reinstated:

     NOW, THEREFORE, BE IT RESOLVED,  by the Senate of the Eighty-fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the Congress and the United States Department of Agriculture to reinstate and fully fund USDA's inspection program for horse euthanasia and horse slaughter facilities and to enact legislation to authorize the establishment of horse slaughter facilities in the United States.

     Was read the first time, the President waived the referral to committee, and placed SCR 2 on the calendar of Tuesday, February 3, the 15th legislative day.

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

    Was read the second time.

     Sen. Dempster moved that the Senate do concur in HCR 1004 as found on page 161 of the House Journal.

     The question being on Sen. Dempster's motion that the Senate do concur in HCR 1004.

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Howie

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.


CONSIDERATION OF REPORTS OF COMMITTEES

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

     Appropriations on SB 66 as found on page 245 of the Senate Journal ; also

     Transportation on SB 79 as found on page 246 of the Senate Journal ; also

     Taxation on SB 86 as found on page 247 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 168  Introduced by:  Senators Heidepriem, Bartling, Hanson (Gary), Hundstad, Jerstad, Kloucek, Merchant, Miles, Nesselhuf, Peterson, and Turbak Berry and Representatives Hunhoff (Bernie), Blake, Burg, Dennert, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Kirschman, Lange, Lucas, Nygaard, Schrempp, Solberg, Street, Thompson, Vanderlinde, and Wismer

     FOR AN ACT ENTITLED, An Act to prohibit certain business entities from making political campaign contributions to state officeholders or candidates if the business entity does contractual business with certain state agencies.

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

     SB 169  Introduced by:  Senators Peterson and Hunhoff (Jean) and Representatives Hunhoff (Bernie) and Van Gerpen

     FOR AN ACT ENTITLED, An Act to require the submission of certain materials relating to wind easement agreements to the register of deeds.

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

     SB 170  Introduced by:  Senators Kloucek, Ahlers, Bradford, Garnos, Heidepriem, Maher, Merchant, and Miles and Representatives Frerichs, Blake, Bolin, Dennert, Elliott, Engels, Feickert, Feinstein, Hunhoff (Bernie), Iron Cloud III, Jensen, Killer, Kirkeby, Kirschman, Lange, Lederman, Lucas, Nygaard, Putnam, Schrempp, Sly, Solberg, Street, Thompson, Vanderlinde, and Wismer

     FOR AN ACT ENTITLED, An Act to authorize certain schools to own and operate wind energy conversion systems, to establish a grant program for such purposes, and to make an appropriation therefor.


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

     SB 171  Introduced by:  Senators Hanson (Gary), Abdallah, and Heidepriem and Representatives Dennert and Street

     FOR AN ACT ENTITLED, An Act to impose a fee on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.

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

     SB 172  Introduced by:  Senators Hanson (Gary), Abdallah, and Heidepriem and Representatives Street and Dennert

     FOR AN ACT ENTITLED, An Act to prohibit any school district from transporting students who participate in the enrollment options program beyond the boundaries of that school district.

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

     SB 173  Introduced by:  Senators Tieszen, Adelstein, Gillespie, Miles, Nelson, Rhoden, and Turbak Berry and Representatives Lust, Gibson, Hoffman, Hunt, Lederman, McLaughlin, Russell, Sly, and Verchio

     FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

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

     SB 174  Introduced by:  and Senators Knudson and Garnos

     FOR AN ACT ENTITLED, An Act to require a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state.

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

     SB 175  Introduced by:  Senators Ahlers, Abdallah, Hanson (Gary), Heidepriem, and Rhoden and Representatives Engels, Boomgarden, Feinstein, Gosch, Hunhoff (Bernie), Jensen, and Noem

     FOR AN ACT ENTITLED, An Act to set a maximum limit on certain license and permit fees that may be established by the Game, Fish and Parks Commission.


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

     SB 176  Introduced by:  Senators Nelson, Bartling, Dempster, Gray, Haverly, and Heidepriem and Representatives Turbiville, Boomgarden, Dennert, Peters, and Street

     FOR AN ACT ENTITLED, An Act to allow slot machines to be substituted for video lottery machines in certain alcoholic beverage establishments.

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

     SB 177  Introduced by:  Senators Bradford, Abdallah, Adelstein, Bartling, Brown, Dempster, Fryslie, Garnos, Gray, Hansen (Tom), Hanson (Gary), Haverly, Heidepriem, Jerstad, Maher, Miles, and Olson (Russell) and Representatives Van Gerpen, Boomgarden, Brunner, Engels, Faehn, Iron Cloud III, Killer, Kirkeby, Krebs, Lange, Lucas, Olson (Betty), Pitts, and Rounds

     FOR AN ACT ENTITLED, An Act to adopt the South Dakota Indian Child Welfare Act.

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

     SB 178  Introduced by:  Senators Gant and Jerstad and Representatives Peters and Vanderlinde

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liens on real property.

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

     SB 179  Introduced by:  Senators Gant and Jerstad and Representatives Peters and Vanderlinde

     FOR AN ACT ENTITLED, An Act to require title insurers to offer coverage for liens filed after certain purchases of real property.

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

     SB 180  Introduced by:  Senators Vehle, Brown, Hansen (Tom), Jerstad, and Maher and Representatives Boomgarden, Carson, Cronin, Feinstein, Hamiel, Kirkeby, Krebs, and Street

     FOR AN ACT ENTITLED, An Act to revise certain provisions concerning statements submitted by organizations making contributions to ballot questions committees.

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


     SB 181  Introduced by:  Senators Hansen (Tom), Adelstein, Knudson, Merchant, Olson (Russell), and Vehle and Representatives Carson, Burg, Feinstein, Frerichs, Gibson, and Vanneman

     FOR AN ACT ENTITLED, An Act to make an appropriation for the support of the state fair.

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

     SB 182  Introduced by:  Senators Novstrup (Al), Abdallah, Gant, Miles, Olson (Russell), and Turbak Berry and Representatives Lust, Cronin, Feickert, Hoffman, Lederman, McLaughlin, Novstrup (David), and Peters

     FOR AN ACT ENTITLED, An Act to repeal the methodology that assesses agricultural land based on its agricultural income value, to dissolve the implementation and oversight advisory task force, and to revise certain provisions concerning the assessment of real property.

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

     SJR 3  Introduced by:  Senator Hansen (Tom) and Representative Feinstein

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to four-year senatorial terms and term limits.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     SB 19: FOR AN ACT ENTITLED, An Act to revise the grounds for which continuation or conversion is not required for certain group health policies.

     Was read the second time.

     The question being "Shall SB 19 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Howie

     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 20: FOR AN ACT ENTITLED, An Act to revise the lifetime benefit maximum for the health insurance risk pool.

     Was read the second time.

     The question being "Shall SB 20 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Howie

     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 1087: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the number of peremptory challenges in cases involving very high felonies.

     Was read the second time.

     The question being "Shall HB 1087 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Howie

     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 SENATE BILLS AND JOINT RESOLUTIONS

     Sen. Knudson moved that SB 3 and 4 be deferred to Tuesday, February 3, the 15th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 47, 48, 52, and 75 be deferred to Wednesday, February 4, the 16th legislative day.

     Which motion prevailed.

     Sen. Knudson moved that SB 74 be referred to the Committee on Appropriations.

     Which motion prevailed.

     SB 29: FOR AN ACT ENTITLED, An Act to revise the requirements for replacement or discontinuance of group life insurance policies.

     Was read the second time.

29jb

     Sen. Turbak Berry moved that SB 29 be further amended as follows:

     On page 6, line 16, of the Senate Commerce Committee engrossed bill, delete "for".

     On page 6, line 16, after "individual" delete ",".

     Which motion prevailed.
     The question being "Shall SB 29 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Howie

     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 88: 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 second time.

     The question being "Shall SB 88 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Hunhoff (Jean)

     Excused:
Howie

     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 80: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.


     Was read the second time.

     The question being "Shall SB 80 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

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

     Nays:
Adelstein

     Excused:
Howie

     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 109: FOR AN ACT ENTITLED, An Act to revise the provisions for the risk pool to allow uninsurable children to enroll and to provide for additional funding.

     Was read the second time.

     The question being "Shall SB 109 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

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

     Excused:
Howie

     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.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  95 and HB 1006 which were tabled.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  93, 124, and 142 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1046: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the Richard Hagen-Minerva Harvey memorial scholarship award.

     Was read the second time.

     The question being "Shall HB 1046 pass?"

     And the roll being called:

     Yeas 23, Nays 10, Excused 2, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hanson (Gary); Heidepriem; Kloucek; Knudson; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Bartling; Bradford; Hansen (Tom); Haverly; Hundstad; Hunhoff (Jean); Jerstad; Maher; Merchant; Peterson

     Excused:
Howie; Nelson

     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 1055: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell certain real property located at the Cleghorn Fish Hatchery to the City of Rapid City.

     Was read the second time.

     The question being "Shall HB 1055 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

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

     Excused:
Howie; Nelson

     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.

SIGNING OF BILLS

     The President publicly read the title to

     HB 1015: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding inmate appeal of prison disciplinary actions.

     HB 1016: FOR AN ACT ENTITLED, An Act to  revise the applicability of the rules of evidence to proceedings before the Board of Pardons and Paroles.

     HB 1017: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the escape from a nonsecure facility.

     HB 1083: FOR AN ACT ENTITLED, An Act to  authorize the South Dakota Commission on Gaming to assess costs of certain special meetings.

     And signed the same in the presence of the Senate.


      Sen. Hunhoff (Jean) moved that the Senate do now adjourn, which motion prevailed and at 3:17 p.m. the Senate adjourned.

Trudy Evenstad, Secretary