JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 13, 2009

     The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

     The prayer was offered by the Chaplain, Rev. Levi Willms, followed by the Pledge of Allegiance led by Senate page Theresa Flahaven.

     Roll Call: All members present except Sens. Adelstein, Jerstad, and Kloucek who were 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 twenty-first 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.
CONSIDERATION OF EXECUTIVE APPOINTMENTS

     The Senate proceeded to the considerastion of the executive appointment of Phyllis Heineman of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

     Sen. Knudson moved that consideration of the executive appointment of Phyllis Heineman to the South Dakota Board of Education be deferred to Tuesday, February 17, the 23rd legislative day.

     Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1019 and 1020 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1139 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 117, 137, 145, and 163 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HCR 1008 which has been adopted by the House and your concurrence 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 1053, 1089, and 1097.

Also MR. PRESIDENT:

     I have the honor to transmit herewith HB 1104, 1188, 1203, and 1213 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     Sen. Knudson moved that SB 187, 32, 21, 151, 154, 188, and 190 and HB 1010, 1013, 1014, and 1062 be deferred to Tuesday, February 17, the 23rd legislative day.

     Which motion prevailed.


     HCR 1008: A CONCURRENT RESOLUTION, Expressing support for improved adolescent health and wellness by recognizing the importance of an adolescent well physical to prevent chronic diseases, help better identify and treat chronic diseases, and update immunizations.

     Was read the first time, the President waived the referral to committee, and placed HCR 1008 on the calendar of Tuesday, February 17, the 23rd legislative day.
    

     HCR 1006: A CONCURRENT RESOLUTION, Encouraging all South Dakota schools to place a sufficient number of Automated External Defibrillators (AEDs) in their facilities, at their athletic fields, and with their athletic staff, and to adopt a medical emergency response plan that includes AED use.

    Was read the second time.


     Sen. Dempster moved that the Senate do concur in HCR 1006 as found on page 183 of the House Journal.

     The question being on Sen. Dempster's motion that the Senate do concur in HCR 1006.

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Adelstein; Jerstad; Kloucek

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1006 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

     Commerce on SB 98 as found on page 389 of the Senate Journal ; also

     Education on SB 106 as found on page 384 of the Senate Journal ; also

     Judiciary on SB 123 as found on page 385 of the Senate Journal ; also

     Education on SB 140 as found on page 384 of the Senate Journal ; also

     Commerce on SB 178 as found on page 390 of the Senate Journal ; also

     Commerce on HB 1058 as found on page 390 of the Senate Journal be adopted.

     Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1104: FOR AN ACT ENTITLED, An Act to authorize a sentencing court to impose consecutive revocations of hunting, fishing, or trapping privileges under certain conditions.

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

     HB 1188: FOR AN ACT ENTITLED, An Act to require that five percent of the qualified electors in one-half of the counties sign initiative and referendum petitions.

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

     HB 1203: FOR AN ACT ENTITLED, An Act to limit asbestos-related liabilities for certain successor corporations.

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

     HB 1213: FOR AN ACT ENTITLED, An Act to allow school districts to enter into group health insurance contracts that include dental and vision insurance, and to allow school districts to offer group life and group health insurance benefits to retired employees.

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

SECOND READING OF CONSENT CALENDAR ITEMS

     Pursuant to Senate Rule 6-1, the President removed HB 1094 from the Consent Calendar.

     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 second time.

     The question being "Shall HB 1063 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Adelstein; Jerstad; Kloucek


     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 1095: FOR AN ACT ENTITLED, An Act to include the improper influence of a real estate appraisal by a real estate licensee to the acts constituting unprofessional conduct.

     Was read the second time.

     The question being "Shall HB 1095 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Adelstein; Jerstad; Kloucek

     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 1100: FOR AN ACT ENTITLED, An Act to revise where business records of insurance producers may be maintained.

     Was read the second time.

     The question being "Shall HB 1100 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Adelstein; Jerstad; Kloucek

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

     Was read the second time.

     The question being "Shall HB 1124 pass?"

     And the roll being called:

     Yeas 32, Nays 0, Excused 3, Absent 0

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

     Excused:
Adelstein; Jerstad; Kloucek

     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.

     Sen. Bartling moved that the Senate do now adjourn, which motion prevailed and at 12:56 p.m. the Senate adjourned.

Trudy Evenstad, Secretary