Senate Journal 2/4/2009 02:00 PM

The President introduced 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 to the body.

HONORED GUESTS

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Jeffrey Olson of Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Jeffrey Olson pursuant to the executive message as found on page 136 of the Senate Journal?"

Yeas:
Abdallah; Adelstein; Ahlers; 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 question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 115 and 122 and returns the same with the recommendation that said bills do pass.

On page 2, line 10, of the printed bill, delete everything after "chapter." And insert " If no other ".

The Committee on Local Government respectfully reports that it has had under consideration SB 158 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 11, delete " of trustee ".

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On page 1, line 1, of the printed bill, delete "members of the board of trustees" and insert "certain officials".

And that as so amended said bill do pass.

Respectfully submitted,
Jason M. Gant, Chair

The Committee on Transportation respectfully reports that it has had under consideration SB 119 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 6, of the printed bill, delete "or a" and insert ",".

On page 1, line 7, after "commissioners" insert ", or township board of supervisors".

On page 1, line 10, delete "or county" and insert ", county, or township".

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On page 1, line 1, of the printed bill, delete "and counties" and insert ", counties, and townships".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

On page 2 of the printed bill, delete lines 2 and 3.

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 139 and returns the same with the recommendation that said bill be amended as follows:

139jb

On page 2, after line 13, insert:

"Section 4. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

Any person charged with a violation of section 1 of this Act may offer evidence, as a defense, that the person made a reasonable attempt to investigate the age of the person by examining an age-bearing identification document that would have appeared valid to a reasonable and prudent person or relied upon a consent document that would have appeared valid to a reasonable and prudent person."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 130 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 10, of the printed bill, after " kin " insert " within the same degree of kinship ".

On page 1, line 12, after " . " insert " The Department of Health may promulgate rules pursuant to chapter 1-26 to establish the process for issuing a disinterment permit that is not directed pursuant to a court order. "

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 97 and 125 which were tabled.

Respectfully submitted,
Stanford M. Adelstein, Chair

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 150 which was deferred to the 41^st Legislative Day.

The Committee on Taxation respectfully reports that it has had under consideration SB 94 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 161 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 9, of the printed bill, delete "January 1, 2001" and insert "November 1, 2008".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 149 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

The Committee on State Affairs respectfully reports that it has had under consideration SJR 1 and returns the same with the recommendation that said resolution do pass.

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

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On page 2, line 2, of the printed resolution, delete " two " and insert " three ".

On page 2, line 2, overstrike "eight" and insert " twelve ".

On page 2, line 3, overstrike "four" and insert " six ".

On page 2, line 3, overstrike "eight" and insert " twelve ".

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On page 2, line 3, of the printed resolution, overstrike "and".

On page 2, line 3, after " longer " delete " , " and insert " . No person may serve ".

On page 2, line 4, after "representatives" insert " , whichever is longer ".

And that as so amended said resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SCR 1 and returns the same with the recommendation that said resolution be adopted.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Virginia Nelson of Pennington County, Rapid City, South Dakota, to the South Dakota Lottery 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 State Affairs respectfully reports that it has had under consideration the nomination of Duane Schmautz of Hughes County, Pierre, South Dakota, to the South Dakota Lottery 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 State Affairs respectfully reports that it has had under consideration SB 120 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1001, 1021, 1040, 1076, 1114, 1115, 1116, 1117, 1118, 1119, and 1124 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, To honor and thank George W. Bush, the forty-third president of the United States of America.

Sen. Knudson moved that the Senate do concur in HCR 1005 as found on page 182 of the House Journal.

The question being on Sen. Knudson's motion that the Senate do concur in HCR 1005.

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

Yesterday, Sen. Adelstein announced his intention to reconsider the vote by which SB 3 passed.

No member moved to reconsider the vote by which SB 3 passed.

Yesterday, Sen. Knudson announced his intention to reconsider the vote by which SB 83 lost.

No member moved to reconsider the vote by which SB 83 lost.

Yesterday, Sen. Hundstad announced his intention to reconsider the vote by which SB 86 lost.

Sen. Hundstad moved that the Senate do now reconsider the vote by which SB 86 lost.

The question being on Sen. Hundstad's motion to reconsider the vote by which SB 86 lost.

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); 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:
Abdallah; Gant; Haverly

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 86 was up for reconsideration and final passage.

SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application of the inventory tax on certain fuels in storage immediately prior to a tax increase.

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

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Sen. Hundstad moved that SB 86 be amended as follows:

On the Senate Taxation Committee engrossed bill, delete all previous amendments, thus restoring the bill to the printed version.

Which motion lost.

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Nays:
Abdallah; Gant; Haverly

Excused:
Bartling

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.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Kloucek moved that the word NOT be stricken from the report of the Committee on State Affairs on SB 93 as found on page 274 of the Senate Journal and that SB 93 be placed on the calendar of Thursday, February 5, the 17^th legislative day.

The question being on Sen. Kloucek's motion that the word NOT be stricken from the report of the Committee on State Affairs on SB 93 and that the bill be placed on the calendar of Thursday, February 5, the 17^th legislative day.

Yeas 14, Nays 20, Excused 1, Absent 0

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

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

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

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

Commerce on SB 90 as found on page 274 of the Senate Journal ; also

Judiciary on SB 96 as found on page 276 of the Senate Journal ; also

Agriculture and Natural Resources on SB 105 as found on page 292 of the Senate Journal ; also

Commerce on HB 1047 as found on page 275 of the Senate Journal ; also

Judiciary on HB 1088 as found on page 276 of the Senate Journal ; also

Judiciary on HB 1089 as found on page 276 of the Senate Journal be adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions related to free access to state parks and recreation areas to include certain persons with disabilities.

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

HB 1021: FOR AN ACT ENTITLED, An Act to provide for a contested case hearing on the denial of a claim for the recovery of an allegedly overpaid tax, penalty, or interest.

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

HB 1040: FOR AN ACT ENTITLED, An Act to revise certain license, registration, and inspection fees related to food service establishments, lodging establishments, and campgrounds.

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

HB 1076: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to replace certain real estate held for agriculture field laboratory research purposes, to make improvements to the replacement lands, and to make an appropriation for such purposes.

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

HB 1114: FOR AN ACT ENTITLED, An Act to allow a broker to form certain business entities under certain conditions.

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

HB 1115: FOR AN ACT ENTITLED, An Act to increase the education requirement for broker associate license.

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

HB 1116: FOR AN ACT ENTITLED, An Act to require post-licensing education for broker associates.

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

HB 1117: FOR AN ACT ENTITLED, An Act to permit water user districts to provide certain health and life insurance benefits.

Was read the first time and referred to the Committee on Local Government.

HB 1118: FOR AN ACT ENTITLED, An Act to revise the type of slot machines that may be owned or leased by the City of Deadwood.

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

HB 1119: FOR AN ACT ENTITLED, An Act to permit background checks for persons seeking employment with municipalities.

Was read the first time and referred to the Committee on Local Government.

HB 1124: FOR AN ACT ENTITLED, An Act to prohibit improper influence regarding real estate appraisals.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 99: FOR AN ACT ENTITLED, An Act to authorize Supreme Court rules related to the collection of fees, costs, and civil penalties.

The question being "Shall SB 99 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.

SB 101: FOR AN ACT ENTITLED, An Act to clarify the school residence of a child assigned to an approved out of district special education residential or tuition day program when the residence of the child's parent or guardian changes.

The question being "Shall SB 101 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.

SB 107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the posting of the penalty for the illegal use of a designated parking space for a person with a physical disability.

The question being "Shall SB 107 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 1027: FOR AN ACT ENTITLED, An Act to provide for certain employer insurance assistance programs.

The question being "Shall HB 1027 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 1030: FOR AN ACT ENTITLED, An Act to repeal certain requirements for the filing of annual actuarial certifications.

The question being "Shall HB 1030 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 1035: FOR AN ACT ENTITLED, An Act to require the Secretary of State to redact certain numbers before furnishing copies of information.

The question being "Shall HB 1035 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Knudson moved that SB 47, 48, and 52 be deferred to Wednesday, February 11, the 20^th legislative day.

Sen. Knudson moved that SB 129 be deferred to Monday, February 9, the 18^th legislative day.

SB 75: FOR AN ACT ENTITLED, An Act to allow dogs to be used in the hunting of mountain lions.

The question being "Shall SB 75 pass as amended?"

Yeas 6, Nays 27, Excused 2, Absent 0

Yeas:
Garnos; Howie; Kloucek; Maher; Rhoden; Vehle

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

Excused:
Bartling; Gray

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

SB 40: FOR AN ACT ENTITLED, An Act to revise the financial assurance requirements for responding to accidental releases of chemical or biological ore leaching agents from certain permitted mines.

Was read the second time.

The question being "Shall SB 40 pass?"

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; 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

Excused:
Bartling; Gillespie

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 81: FOR AN ACT ENTITLED, An Act to authorize the use of interscholastic activity admission fees by certain endowment funds.

The question being "Shall SB 81 pass?"

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Knudson; Novstrup (Al); Schmidt

Excused:
Bartling; Gillespie; Hundstad

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 104: FOR AN ACT ENTITLED, An Act to increase state matching funds for animal damage control.

The question being "Shall SB 104 pass?"

Yeas 9, Nays 24, Excused 2, Absent 0

Yeas:
Adelstein; Bradford; Dempster; Garnos; Howie; Kloucek; Maher; Rhoden; Schmidt

Nays:
Abdallah; Ahlers; Brown; Fryslie; Gant; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

Excused:
Bartling; Gillespie

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

SB 108: FOR AN ACT ENTITLED, An Act to exclude parole agents from concealed weapons permit requirements.

The question being "Shall SB 108 pass?"