Senate Journal 2/5/2009 02:00 PM

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

Excused:
Bartling

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Virginia Nelson of Pennington County, Rapid City, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Virginia Nelson pursuant to the executive message as found on page 244 of the Senate Journal?"

The Committee on Education respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill do pass.

Excused:
Bartling

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 Education respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

The Committee on Education respectfully reports that it has had under consideration SB 112 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

The Committee on Commerce respectfully reports that it has had under consideration SB 84 and HB 1056 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Russell Olson, Chair

On page 1, line 4, of the printed bill, delete "four hundred" and insert "one dollar ($1)".

The Committee on Appropriations respectfully reports that it has had under consideration SB 32, 36, and 164 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 72 and returns the same with the recommendation that said bill be amended as follows:

72ba

On page 1, line 5, delete "seventy four thousand five hundred dollars ($474,500)".

On page 2 of the Senate Judiciary Committee engrossed bill, delete lines 3 to 9, inclusive.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill be amended as follows:

74ja

74jta

On page 1, line 2, of the Senate Judiciary Committee engrossed bill, delete ", to provide an appropriation therefor".

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 114 which was deferred to the 41^st Legislative Day.

On page 1, after line 8 of the printed bill, insert:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 22 and 136 and HB 1054 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1051 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill be amended as follows:

1053ta

"Section 2. If any person finds a skull, antler, or carcass of a game animal or game bird and if the person submits to the Department of Game, Fish and Parks an affidavit that the animal was not taken illegally, the person is deemed to have lawful possession of the skull, antler, or carcass."

Respectfully submitted,
Larry Rhoden, Chair

The Committee on Judiciary respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill do pass.

The Committee on Judiciary respectfully reports that it has had under consideration SB 89 and 131 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

On page 2, line 12, of the printed bill, delete " order " and insert " orders, except if the petitioner or moving party is a recipient of assistance benefits pursuant to Title 28 ".

The Committee on Judiciary respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill be amended as follows:

1097ja

Respectfully submitted,
Gene G. Abdallah, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1060, 1062, 1063, 1099, 1122, 1126, 1138, 1148, 1171, and 1197 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 3 Introduced by: Senators Heidepriem, Gillespie, Knudson, and Miles and Representatives Nygaard, Blake, Elliott, Fargen, Frerichs, Iron Cloud III, Killer, Solberg, and Vanderlinde

A CONCURRENT RESOLUTION, Supporting a study of the potential creation of a Department of Veterans Affairs as a cabinet-level department.

WHEREAS, the State of South Dakota has more than 74,000 veterans in the state; and

WHEREAS, the veterans of South Dakota generate more than $352 million from earned federal benefits into the South Dakota economy; and

WHEREAS, the Division of Veterans Affairs implements programs and services that have the potential of affecting more than 74,000 living veterans and more than 185,000 dependents and survivors of such veterans; and

WHEREAS, the current Division of Veterans Affairs is responsible for the successful operation of the claims office located at the VA Regional Office in Sioux Falls, veterans educational and job training programs, and the training and administration of county/tribal veterans service officers. In addition, the division works closely with the operation of the Michael J. Fitzmaurice South Dakota State Veterans Home; and

WHEREAS, the veterans of this state should have an avenue of access to the executive branch of state government commensurate with the sacrifices they have made for our country in time of peace and in time of war; and

WHEREAS, it has been proposed that the Division of Veterans Affairs, the principal state agency charged with providing benefits and services to veterans and their dependents and survivors, be elevated to a department with cabinet-level status:

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 Legislature supports a study to evaluate the feasibility and advisability of creating an independent cabinet-level agency to address veterans affairs, which would allow the veterans of South Dakota the same oversight and consideration as other state departments.

Was read the first time, the President waived the referral to committee, and placed SCR 3 on the calendar of Monday, February 9, the 18^th legislative day.

SCR 1: A CONCURRENT RESOLUTION, Reappointing Mr. Marty Guindon of Pierre, South Dakota, to the office of auditor general.

Was read the second time.

Sen. Hunhoff (Jean) moved that SCR 1 as found on page 220 of the Senate Journal be adopted.

The question being on Sen. Hunhoff (Jean)'s motion that SCR 1 be adopted.

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

Excused:
Bartling

Sen. Knudson moved that SCR 3 be referred to the Committee on State Affairs.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on SB 119 as found on page 297 of the Senate Journal ; also

Health and Human Services on SB 130 as found on page 298 of the Senate Journal ; also

Health and Human Services on SB 139 as found on page 298 of the Senate Journal ; also

Local Government on SB 158 as found on page 297 of the Senate Journal ; also

Taxation on SB 161 as found on page 299 of the Senate Journal ; also

State Affairs on SJR 3 as found on page 299 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the mortgage lender business and to provide for fees and penalties related thereto.

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

HB 1062: FOR AN ACT ENTITLED, An Act to increase the reward for certain information regarding livestock thefts.

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

HB 1063: FOR AN ACT ENTITLED, An Act to revise certain brand registration provisions concerning out-of-state brands on cattle sold in the livestock inspection area.

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

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance coverage for residential property that is destroyed while under construction.

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

HB 1122: FOR AN ACT ENTITLED, An Act to require that prosecutors notify victims of domestic abuse regarding the status of their case.

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

HB 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a private applicator of pesticides becoming a qualified driver for the purpose of motor carrier safety.

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

HB 1138: FOR AN ACT ENTITLED, An Act to provide for the defeasance of the Commission on the Status of Women.

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

HB 1148: FOR AN ACT ENTITLED, An Act to clarify requirements for employment of a city engineer.

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

HB 1171: FOR AN ACT ENTITLED, An Act to exempt any school district from the minimum size requirement if it operates the only remaining public high school located within the boundaries of any county.

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

HB 1197: FOR AN ACT ENTITLED, An Act to allow single-family dwellings that are under construction or listed for sale by contractors to be classified as owner-occupied single- family dwellings for the purpose of taxation.

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

SECOND READING OF CONSENT CALENDAR ITEM

HB 1047: FOR AN ACT ENTITLED, An Act to increase the membership of the board of directors of the Economic Development Finance Authority.

Was read the second time.

The question being "Shall HB 1047 pass as amended?"

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Abdallah; Garnos; Miles

Excused:
Bartling

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

SB 90: FOR AN ACT ENTITLED, An Act to increase the number of varieties of malt beverages, wine, distilled spirits, liqueur, and cordials that an off-sale alcoholic beverage licensee may offer for sampling in one day.

Was read the second time.

The question being "Shall SB 90 pass as amended?"