Senate Journal 2/10/2009 02:00 PM

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Michael Ropp of Brookings County, Brookings, South Dakota, to the South Dakota Energy Infrastructure Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Michael Ropp pursuant to the executive message as found on page 245 of the Senate Journal?"

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

COMMUNICATIONS AND PETITIONS

February 6, 2009

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

Re: Appointment of Kay F. Nikolas, to the Board of Pardons and Paroles

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation the Court has appointed Kay F. Nikolas, an attorney from Sisseton, South Dakota, to the Board of Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the Senate for consent.

We will await your advice as to the Senate's action with regard to this appointment. Thank you for your continued cooperation.

Very truly yours,
Shirley A. Jameson-Fergel

The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1001 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1004 and returns the same with the recommendation that said bill be amended as follows:

1004ta

On page 1, line 7, of the House engrossed bill, delete "or perceived".

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 135 which was tabled.

The Committee on Education respectfully reports that it has had under consideration SB 91 and returns the same with the recommendation that said bill be amended as follows:

91ca

On page 2, line 8, of the printed bill, delete " A Beginning on July 1, 2014, a " and insert "A".

91cb

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

"Section 1. That § 13-16-6 be amended to read as follows:

13-16-6. The capital outlay fund of the school district is a fund provided by law to meet expenditures which result in the acquisition or lease of or additions to real property, plant, or equipment. Such an expenditure shall be for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase or lease of equipment. It may also be used for installment or lease-purchase payments for the purchase of real property, plant, or equipment, which have a contracted terminal date not exceeding twenty years from the date of the installment contract or lease-purchase and for the payment of the principal of and interest on capital outlay certificates issued pursuant to § 13-16- 6.2.

Any purchase of one thousand dollars or less may be paid out of the general fund. The total accumulated unpaid principal balances of such installment contracts and lease-purchase and the outstanding principal amounts of such capital outlay certificates may not exceed three percent of the taxable valuation. The school district shall provide a sufficient levy each year under the provisions of § 13-16-7 to meet the annual installment contract, lease-purchase, and capital outlay certificate payments, including interest.

A school district which contracts its student transportation may expend from the capital outlay fund an amount not to exceed fifteen percent of the contract amount. In addition, a school district which reimburses for mileage instead of providing transportation pursuant to § 13-30-3, may use the capital outlay fund to pay for fifteen percent of its mileage reimbursement costs.

The capital outlay fund may be used to purchase textbooks and instructional software.

The capital outlay fund may be used to purchase warranties on capital assets if the warranties do not include supplies.

During the period of time beginning on July 1, 2009, and ending on June 30, 2014, any school district may make payments from its capital outlay fund for the purchase of property insurance and casualty insurance, for payments for energy costs and the cost of utilities, and for motor fuel or for any portion of a contract providing transportation to students or for any mileage reimbursements. However, the total amount that a school district expends from its capital outlay fund for these expenses may not exceed forty-five percent of the total tax revenues deposited in that fund during the current school fiscal year. "

91cta

On page 1, line 1, of the printed bill, delete "certain school districts" and insert "any school district".

On page 1, line 7, of the printed bill, overstrike "an adjoining" and insert " another ".

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill be amended as follows:

174ca

On page 1, line 7, delete " 2009 " and insert " 2010 ".

On page 1, line 13, before " If " insert " The rate of tuition paid per year to the receiving school district may not be less than the per student allocation as defined in § 13-13-10.1 for that school fiscal year. In addition, the school district to which the former contracting school district is annexed may compensate the receiving school district for all or any portion of the transportation or other costs associated with the students attending school in the receiving school district. "

On page 2, after line 2, insert:

"Section 2. The provisions of § 13-6-97 do not apply to any school district that is currently contracting pursuant to § 13-15-11 and is seeking to dissolve and be annexed under the terms of chapter 13-6, but has not completed the reorganization process.

Section 3. Section 2 of this Act is repealed on July 1, 2010.

174cta

On page 1, line 3, of the printed bill, after "state" insert ", and to temporarily exempt certain school districts from the requirement to reorganize due to low enrollment".

On page 1, line 10, of the printed bill, delete everything before "may" and insert " 2008, 2008-2009, or 2009-2010 school years ".

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill be amended as follows:

185ca

185cta

On page 1, line 2, of the printed bill, delete "2009" and insert "2010".

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 132 which was tabled.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 118 and 172 which were deferred to the 41^st Legislative Day.

The Committee on Judiciary respectfully reports that it has had under consideration SB 173 and HB 1066 and 1084 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on Judiciary respectfully reports that it has had under consideration SB 156 and returns the same with the recommendation that said bill be amended as follows:

156rb

On page 1, line 7, of the printed bill, delete " or ".

On page 1, line 7, after " economic status " insert " , sexual orientation, or gender identity ".

156ra

On page 1, line 7, of the printed bill, delete " , social status, ".

On page 1, line 7, delete " economic status ".

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 152 which was deferred to the 41^st Legislative Day.

The Committee on Commerce respectfully reports that it has had under consideration SB 128 and returns the same with the recommendation that said bill do pass.

The Committee on Commerce respectfully reports that it has had under consideration HB 1114, 1115, and 1116 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

The Committee on Commerce respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:

77fa

On page 2 of the printed bill, delete lines 9 to 16, inclusive, and insert:

"Any person, corporation, or business entity that holds or has an interest in a retail license issued under subdivision 35-4-2(3) after June 30, 2009, and derives less than fifty percent of the licensee's annual gross receipts from the sale of alcoholic beverages at the location where the license is held shall sell its alcoholic beverages, other than malt beverages, in an area which is separated by a physical barrier from the rest of the establishment. For the purposes of this section, a physical barrier includes a wall or fence erected for the sole purpose of separating the area in which the alcoholic beverages are sold from the rest of the establishment."

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

The Committee on Commerce respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

187ja

"Section 1. That chapter 47-18 be amended by adding thereto a NEW SECTION to read as follows:

A cooperative that owns shares of a domestic or foreign subsidiary corporation that carries at least ninety percent of the voting power of each class and series of the outstanding shares of the subsidiary that has voting power may merge the subsidiary into itself or into another such subsidiary without the approval of the board of directors or shareholders of the subsidiary, unless the articles of incorporation of any such corporation otherwise provide, and unless, in the case of a foreign subsidiary, approval by the subsidiary's board of directors or shareholders is required by the laws under which the subsidiary is organized. If approval of a merger by the subsidiary's shareholders is not required, the cooperative shall, within ten days after the effective date of the merger, notify each of the subsidiary's other shareholders, if any, that the merger has become effective. After the effective date of the merger or consolidation, the entities that were parties to the plan become a single cooperative. The procedure used to accomplish the merger or consolidation shall be as otherwise set forth in this chapter for mergers or consolidations of cooperatives. The subsidiary corporation shall be deemed the non-surviving cooperative for purposes of applying this chapter, as the context may require."

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

Respectfully submitted,
Russell Olson, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1028, 1111, 1134, 1145, 1154, 1177, and 1205 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Knudson announced his intention to reconsider the vote by which SJR 1 passed.

Sen. Knudson moved that the Senate do now reconsider the vote by which SJR 1 passed.

The question being on Sen. Knudson's motion to reconsider the vote by which SJR 1 passed.

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Adelstein; Brown; Dempster; Fryslie; Gray; Hansen (Tom); Haverly; Howie; Jerstad; Knudson; Nelson; Novstrup (Al); Rhoden; Schmidt; Tieszen; Vehle

Nays:
Abdallah; Ahlers; Bartling; Bradford; Gant; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Kloucek; Maher; Merchant; Miles; Nesselhuf; Olson (Russell); Peterson; Turbak Berry

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 180 as found on page 329 of the Senate Journal ; also

Local Government on SB 183 as found on page 330 of the Senate Journal ; also

State Affairs on SB 202 as found on page 330 of the Senate Journal be adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of real estate appraisers and the conditions upon which a penalty may be imposed on a real estate appraiser.

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

HB 1111: FOR AN ACT ENTITLED, An Act to clarify and repeal certain redundancies in the provisions relating to the sale of substandard milk.

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

HB 1134: FOR AN ACT ENTITLED, An Act to require notice of the cost of certain public notices.

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

HB 1145: FOR AN ACT ENTITLED, An Act to revise provisions related to the waiver or reduction of certain special assessments.

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

HB 1154: FOR AN ACT ENTITLED, An Act to revise certain requirements for eligibility for opportunity scholarships.

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

HB 1177: FOR AN ACT ENTITLED, An Act to revise the definition of transmission facilities.

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

HB 1205: FOR AN ACT ENTITLED, An Act to permit an applicant for a responsible broker's license to complete the required fifteen hours of education beyond the broker associate level after licensure as a responsible broker.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed HB 1133 from the Consent Calendar.

HB 1023: FOR AN ACT ENTITLED, An Act to authorize the secretary of transportation to create limited speed zones through highway work areas under certain conditions.

Was read the second time.

The question being "Shall HB 1023 pass?"

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
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

Excused:
Abdallah

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

The question being "Shall HB 1034 pass?"

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Abdallah

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 115: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the initiation of modifications to county comprehensive plans.

The question being "Shall SB 115 pass?"

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Fryslie; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Miles; Nesselhuf; Peterson; Rhoden; Tieszen

Nays:
Brown; Dempster; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Merchant; Nelson; Novstrup (Al); Olson (Russell); Schmidt; 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 72: FOR AN ACT ENTITLED, An Act to make an appropriation to initiate a master of social work degree program in higher education.

The question being "Shall SB 72 pass as amended?"

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 74: FOR AN ACT ENTITLED, An Act to direct the Office of the Attorney General to study the creation of a state medical examiner system and to declare an emergency.

Was read the second time.

The question being "Shall SB 74 pass as amended?"

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 113: FOR AN ACT ENTITLED, An Act to clarify certain provisions related to the provision of water services by municipalities or rural water systems in areas located within three miles of a municipality.

Sen. Bartling moved that SB 113 be laid on the table.

The question being on Sen. Bartling's motion that SB 113 be laid on the table.

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
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:
Adelstein; Kloucek

Excused:
Abdallah

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

SB 155: FOR AN ACT ENTITLED, An Act to provide for the revision of certain offensive geographic place names.

The question being "Shall SB 155 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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1088: FOR AN ACT ENTITLED, An Act to provide for the continuance of certain ex parte temporary protection orders.

Sen. Gillespie moved that HB 1088 be further amended as follows:

1088jb

On the Senate Judiciary Committee engrossed bill, delete the Senate Judiciary Committee amendments, thus restoring the bill to the House Judiciary Committee engrossed version.

The question being "Shall HB 1088 pass as amended?"

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Tieszen

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 1089: FOR AN ACT ENTITLED, An Act to provide the court with discretion in ordering certain hearings on protection order petitions.

The question being "Shall HB 1089 pass as amended?"

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 1053: FOR AN ACT ENTITLED, An Act to repeal the prohibition against the resale of certain seized or abandoned property purchased from the secretary of game, fish and parks.

Sen. Howie moved that HB 1053 be further amended as follows:

1053tb

On page 1 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete lines 9 to 12, inclusive.

The question being "Shall HB 1053 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1097: FOR AN ACT ENTITLED, An Act to provide for certain filing fees and surcharges in certain civil cases and to provide exemptions in certain cases.

The question being "Shall HB 1097 pass as amended?"