JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 11, 2009

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

     The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate pages Sarah Luebke and Kamaria Iversen.

     Roll Call: All members present.

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 nineteenth 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 151 and returns the same with the recommendation that said bill be amended as follows:

151fa

     On page 2 of the printed bill, delete lines 2 and 3, and insert "a noncommercial license plate. In addition to the noncommercial license plate fees, an additional fee of ten dollars shall be charged for the special license plates. However, no additional fee may be charged for the renewal stickers placed on the special license plates."

     On page 2, line 4, delete "and renewal stickers are waived."

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1041 and 1042 and returns the same with the recommendation that said bills 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 92 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Stanford M. Adelstein, Chair

 Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 110 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

154ta

     On page 2, line 1, of the printed bill, after "." Insert "The provisions of this Act do not apply to mobile or manufactured homes as defined in chapter 32-7A that are constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction."

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 159 which was tabled.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1011 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB  1010 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 Taxation respectfully reports that it has had under consideration SB 199 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to return herewith SCR 1 in which the House has concurred.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1152, 1159, 1184, 1186, and 1238 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1047.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on SB 77 as found on page 355 of the Senate Journal ; also

     Education on SB 91 as found on page 351 of the Senate Journal ; also

     Judiciary on SB 156 as found on page 354 of the Senate Journal ; also

     Education on SB 174 as found on page 353 of the Senate Journal ; also

     Education on SB 185 as found on page 353 of the Senate Journal ; also

     Commerce on SB 187 as found on page 356 of the Senate Journal ; also


     Agriculture and Natural Resources on HB 1004 as found on page 351 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1152: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to appraisals of real property by the Department of Game, Fish and Parks.

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

     HB 1159: FOR AN ACT ENTITLED, An Act to provide for the adjustment of prices in certain public contracts.

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

     HB 1184: FOR AN ACT ENTITLED, An Act to clarify provisions dealing with the initiative process.

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

     HB 1186: FOR AN ACT ENTITLED, An Act to reimburse and reward public school counselors who earn the credential of National Certified School Counselor.

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

     HB 1238: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     Sen. Bradford requested that HB 1084 be removed from the Consent Calendar.

     SB 173: FOR AN ACT ENTITLED, An Act to revise the elements of the crimes of vehicular homicide and vehicular battery.

     Was read the second time.

     The question being "Shall SB 173 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     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 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 183: FOR AN ACT ENTITLED, An Act to establish certain requirements concerning the publication of county notices.

     Was read the second time.

     The question being "Shall SB 183 pass as amended?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     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 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 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 second time.

     The question being "Shall HB 1001 pass as amended?"


     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     Was read the second time.

     The question being "Shall HB 1066 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     Was read the second time.

     The question being "Shall HB 1114 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     Was read the second time.

     The question being "Shall HB 1115 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

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

     Was read the second time.

     The question being "Shall HB 1116 pass?"

     And the roll being called:

     Yeas 35, Nays 0, Excused 0, Absent 0

     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 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 Thursday, February 12, the 21st legislative day.

     Which motion prevailed.

     SB 32: FOR AN ACT ENTITLED, An Act to increase certain fees related to the use of motor vehicles.

     Was read the second time.

32ob

     Sen. Vehle moved that SB 32 be amended as follows:

     On page 1, line 7, of the printed bill, delete "as a noncommercial or commercial motor vehicle".

     On page 1, line 9, delete "as a commercial motor vehicle".

     On page 1, line 10, after "." insert "The fee shall be credited to the state motor vehicle fund."

     Which motion prevailed.

32ta

     Sen. Gillespie moved that SB 32 be further amended as follows:

     On page 2, line 19, of the printed bill, delete " 32-23-2, ".

     On page 3, line 10, delete "of fifty one hundred dollars" and insert " of fifty dollars established pursuant to § 32-12-47.1 ".

     Sen. Heidepriem requested that Joint Rule 5-17 be invoked on SB 32.

     Which request was supported and SB 32 with Sen. Gillespie's pending motion to amend was deferred until Friday, February 13, the 22nd legislative day.

     SB 36: FOR AN ACT ENTITLED, An Act to revise certain drug registration fees and license fees related to health care facilities.

     Was read the second time.

     The question being "Shall SB 36 pass?"

     And the roll being called:

     Yeas 23, Nays 11, Excused 1, Absent 0

     Yeas:
Abdallah; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Knudson; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Ahlers; Gant; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Peterson

     Excused:
Adelstein

     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 128: FOR AN ACT ENTITLED, An Act to create a limited electrician license.

     Was read the second time.

     The question being "Shall SB 128 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Gillespie; Maher

     Excused:
Adelstein


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

     Was read the second time.

180ta

     Sen. Turbak Berry moved that SB 180 be further amended as follows:

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

     "Section 1. That § 12-27-19 be amended to read as follows:

     12-27-19.   Any organization that makes a contribution to a ballot question committee pursuant to § 12-27-18 shall:

             (1)      Be filed as a domestic or foreign entity in good standing with the Office of the Secretary of State of this state, or
             (2)      If the organization is not filed as a domestic or foreign entity in good standing with the Office of the Secretary of State of this state, the organization shall include with any contribution to a ballot question committee a statement providing the following information:
             (a)      The name of the organization;
             (b)      The name of the state or country under whose law the organization is incorporated or organized; and
             (c)      The street address of the organization's principal office; or
             (3)      However, if subdivisions 1 and 2 do not apply to the organization, then the organization shall include with any contribution to a ballot question committee a statement providing the following information:
             (a)      The name of the organization;
             (b)      The street address of the organization's principal office; and
             (c)      The names and street addresses of any owners, directors, or officers of the organization including the name and street address of the person authorizing the contribution.
     Further, if any contribution from an organization to a ballot question committee exceeds ten thousand dollars in the aggregate, and the organization is comprised of twenty or fewer members or shareholders, the contribution shall include a statement with the name and address of each shareholder or member who owns ten percent or more of the organization. The ballot question committee shall disclose all information provided in the statement in the applicable campaign financial disclosure statement or supplemental statement.
     If any of the information required by this section is not delivered to the treasurer of the ballot question committee, the treasurer shall return the contribution. A violation of this section is a Class 1 misdemeanor. Before making a contribution to a ballot question committee pursuant to § 12-27-18, an organization shall provide to the ballot question committee the following:
             (1)    A statement that the organization is filed as a domestic or foreign entity in good standing with the Office of the Secretary of State of this state;

             (2)    A statement that the organization is filed as an entity in good standing with another jurisdiction, and setting forth the following:

             (a)    The name of the organization;
             (b)    The name of the state or nation under whose law the organization is incorporated or organized; and
             (c)    The street address of the organization's principal office; or

             (3)    If neither of the above apply, a statement providing:

             (a)    The name of the organization;
             (b)    The street address of the organization's principal office;
             (c)    The name and street address of the person authorizing the contribution; and
             (d)    The name and street address of every owner, director, and officer of the organization.

     Before contributing more than ten thousand dollars in the aggregate to a ballot question committee pursuant to § 12-27-18, an organization shall provide to the ballot question committee a sworn written statement made by the president and treasurer of the organization declaring and affirming, under the penalty of perjury, the following:

             (1)    The name and street address of every person who owns ten percent or more of the organization, has provided ten percent or more of the organization's gross receipts, including capital contributions, in the current or preceding year, or has provided ten percent or more of the funds being contributed to the ballot question committee; and

             (2)    That no part of the contribution was raised or collected by the organization for the purpose of influencing the ballot question.

     A ballot question committee shall disclose in its applicable campaign financial disclosure statement or supplement statement all information received from an organization pursuant to this section. No ballot question committee may accept any contribution from an organization not preceded or accompanied by the statements required by this section. Except as provided by § 22-29-1, violation of this section is a Class 1 misdemeanor. "

     Which motion prevailed.

     The question being "Shall SB 180 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 202: FOR AN ACT ENTITLED, An Act to require implementation of certain energy- saving measures in facilities and equipment maintained by the state.

     Was read the second time.

202sa

     Sen. Garnos moved that SB 202 be further amended as follows:

     On page 1, line 6, of the Senate State Affairs Committee engrossed bill, delete "Public Utilities Commission and".

     On page 1, line 7, before "Bureau" delete "the".

     On page 1, line 10, delete "Public Utilities Commission".

     On page 1, line 11, before "Bureau" delete "and the".

     Which motion prevailed.

     The question being "Shall SB 202 pass as amended?"

     And the roll being called:

     Yeas 27, Nays 7, Excused 1, Absent 0

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

     Nays:
Abdallah; Hansen (Tom); Howie; Hunhoff (Jean); Novstrup (Al); Rhoden; Schmidt

     Excused:
Adelstein

     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.

     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 SJR  2 and SCR 3 and returns the same with the recommendation that said resolutions do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

21fb

     On page 4, line 19, of the printed bill, delete " $.09 " and insert " $.08 ".

     On page 5, line 10, delete " $.09 " and insert " $.08 ".

     On page 8, line 9, delete " 18 " and insert " 17 ".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  116 which was tabled.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB  138, 168, and 176 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair
     There being no objection, the Senate proceeded to Order of Business No. 14.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1133: FOR AN ACT ENTITLED, An Act to authorize certain specialty license plates to be placed on motorcycles.

     Was read the second time.

     The question being "Shall HB 1133 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 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.

     HB 1054: FOR AN ACT ENTITLED, An Act to  authorize certain youth licensees who possess a disabled hunting permit to hunt big game animals using a designated hunter.

     HB 1056: FOR AN ACT ENTITLED, An Act to  authorize education programs required by the State Cosmetology Commission to be taught at branch schools.

     And signed the same in the presence of the Senate.

     Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 3:31 p.m. the Senate adjourned.

Trudy Evenstad, Secretary