Senate Journal 2/18/2009 02:00 PM

CONSIDERATION OF EXECUTIVE APPOINTMENTS

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

The question being "Does the Senate advise and consent to the executive appointment of Phyllis Heineman pursuant to the executive message as found on page 328 of the Senate Journal?"

Yeas 20, Nays 14, Excused 1, Absent 0

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

Nays:
Ahlers; Bartling; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Nesselhuf; Peterson; Tieszen; Turbak Berry

Excused:
Abdallah

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

The Senate proceeded to the consideration of the executive reappointment of James Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of James Roby pursuant to the executive message as found on page 328 of the Senate Journal?"

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 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 Appropriations respectfully reports that it has had under consideration HB 1040, 1043, and 1076 and returns the same with the recommendation that said bills do pass.

The Committee on Appropriations respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

The Committee on Local Government respectfully reports that it has had under consideration HB 1117 and 1119 and returns the same with the recommendation that said bills do pass.

The Committee on Local Government respectfully reports that it has had under consideration HB 1108 and returns the same with the recommendation that said bill be amended as follows:

1108tta

On page 1, line 2, of the printed bill, delete "stationary" and insert "stationery".

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

Respectfully submitted,
Jason M. Gant, Chair

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

The Committee on Taxation respectfully reports that it has had under consideration SB 149, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

149fa

"Section 1. That § 13-13-72.1 be amended to read as follows:

13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13- 13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. Any adjustment to the levy for agricultural property shall be based upon the change in the statewide agricultural taxable valuation. Any adjustment to the levies for nonagricultural property and owner-occupied single-family dwellings shall be based upon the change in the statewide nonagricultural property and owner-occupied single-family dwellings taxable valuations. However, if any new project with a total taxable valuation of two hundred fifty million dollars or more is constructed, the levies shall be proportionately decreased for agricultural property, nonagricultural property, and owner-occupied single-family dwellings. In addition to the adjustments in the levies provided by this section, the levies shall also be annually adjusted as necessary to reduce the portion of local need paid by local effort by an amount equal to nine million dollars from those funds transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007. In addition to the adjustments in the levies provided by this section, the levies for nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as necessary to account for the additional increase in the total assessed value for nonagricultural property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of the provisions provided in § 10-6-74. "

149fta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding the general fund levies of school districts."

On page 1, delete line 2.

149fd

On the previously adopted amendment (149fa), delete " two hundred fifty million dollars " and insert " one hundred fifty million dollars ".

149fb

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

"Section 1. That § 13-13-72.1 be amended to read as follows:

13-13-72.1. Any adjustments in the levies specified in § 10-12-42 made pursuant to §§ 13- 13-71 and 13-13-72 shall be based on maintaining the relationship between statewide local effort as a percentage of statewide local need in the fiscal year succeeding the fiscal year in which the adjustment is made. Any adjustment to the levy for agricultural property shall be based upon the change in the statewide agricultural taxable valuation and the reclassification of agricultural property to another property classification. Any adjustment to the levies for nonagricultural property and owner-occupied single-family dwellings shall be based upon the change in the statewide nonagricultural property and owner-occupied single-family dwellings taxable valuations. However, if any new project with a total taxable valuation of two hundred fifty million dollars or more is constructed, the levies shall be proportionately decreased for agricultural property, nonagricultural property, and owner-occupied single-family dwellings. In addition to the adjustments in the levies provided by this section, the levies shall also be annually adjusted as necessary to reduce the portion of local need paid by local effort by an amount equal to nine million dollars from those funds transferred into the property tax reduction fund pursuant to § 10-50-52 subsequent to July 1, 2007. In addition to the adjustments in the levies provided by this section, the levies for nonagricultural property and owner-occupied single-family dwellings shall also be adjusted as necessary to account for the additional increase in the total assessed value for nonagricultural property and owner-occupied single-family dwellings pursuant to the phasing out and repeal of the provisions provided in § 10-6-74. "

149fc

On the previously adopted amendment (149fb), delete " two hundred fifty million dollars " and insert " one hundred fifty million dollars ".

And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill be amended as follows:

153ja

On page 2, line 2, of the printed bill, delete ". The adopted person shall file" and insert "by filing".

On page 2, line 2, delete "provide" and insert "providing".

On page 2, line 4, after "issue" insert "to the applicant".

On page 2, line 5, delete "to the applicant".

On page 2, line 6, after "." insert "The Department of Health may promulgate rules, pursuant to chapter 1-26, for the administration of this section."

On page 2, delete lines 7 to 23, inclusive.

153jta

On page 1, line 2, of the printed bill, delete "and the contact preference of birth parents".

And that as so amended said bill do pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

The Committee on State Affairs respectfully reports that it has had under consideration SB 203 and returns the same with the recommendation that said bill be amended as follows:

203ma

On page 1, line 4, of the printed bill, delete "one million eight" and insert "two million one hundred eighty-seven thousand nine hundred sixty-one dollars ($ 2,187,961 )".

On page 1, line 5, delete everything before "," .

On page 1, line 6, delete everything after "sum of" and insert "two million six hundred ninety-seven thousand twenty-eight dollars ($ 2,697,028 ),".

On page 1, line 7, delete "forty-three dollars ($2,521,443)".

203oa

On page 1, after line 12 of the printed bill, insert:

"Section 4. The Department of Education shall conduct an administrative review of the birth to three program. The review shall include input from parents and other stakeholders in the program. The review shall include a report to the Legislature concerning the department's recommendations for changes to the program. The report shall be completed and delivered to the Legislature no later than December 1, 2009."

203ota

On page 1, line 2, of the printed bill, after "Education" insert "and to require a review of the program".

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 194 which was tabled.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 166, 167, 171, and 197 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 10, 11, and 200 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1101, 1163, 1167, 1181, 1202, 1207, 1212, 1219, 1243, 1255, 1265, and 1278 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 4 Introduced by: Senators Rhoden, Abdallah, Bradford, Brown, Fryslie, Garnos, Hansen (Tom), Hanson (Gary), Howie, Maher, Peterson, Schmidt, and Tieszen and Representatives Wink, Brunner, Carson, Cronin, Deadrick, Dennert, Hamiel, Juhnke, McLaughlin, Novstrup (David), Olson (Betty), Romkema, Schlekeway, Schrempp, Van Gerpen, and Vanneman

A CONCURRENT RESOLUTION, Supporting transportation of horses to foreign processing facilities.

WHEREAS, the Midwestern Legislative Conference approved a resolution in support of continued United States horse processing in 2007 and reaffirmed that position by resolution at the Midwestern Legislative Conference of the Council of State Governments in Rapid City in July 2008; and

WHEREAS, currently there are no United States horse processing facilities in operation; and

WHEREAS, safe, reliable, economical transportation of United States horses destined for processing in other countries is greatly needed; and

WHEREAS, there has been an ongoing effort by certain groups to stop the safe, reliable, economical transportation of these horses:

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 conference supports the safe, reliable, economical transportation of horses destined for processing; and

BE IT FURTHER RESOLVED, that we strongly encourage the United States Senate and House to support continued transportation of horses in the United States.

Was read the first time, the President waived the referral to committee, and placed SCR 4 on the calendar of Thursday, February 19, the 25^th legislative day.

Sen. Kloucek moved that SB 170 be referred from the Committee on State Affairs to the Committee on Education.

Which motion lost.

Yesterday, Sen. Hansen (Tom) announced his intention to reconsider the vote by which HB 1094 lost.

Sen. Hansen moved that the Senate do now reconsider the vote by which HB 1094 lost.

The question being on Sen. Hansen's motion to reconsider the vote by which HB 1094 lost.

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; 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; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Bradford; Novstrup (Al)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1094 was up for reconsideration and final passage.

HB 1094: FOR AN ACT ENTITLED, An Act to require applicants for licensure as real estate brokers, broker associates, salespersons, property managers, residential rental agents, auctioneers, home inspectors, and timeshare agents and such licensees who are the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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

The question being "Shall HB 1094 pass?"

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; 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

Nays:
Bradford

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.

Sen. Ahlers moved that the Committee on Appropriations be instructed to deliver SB 163 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 126 as found on page 417 of the Senate Journal ; also

Commerce on SB 133 as found on page 420 of the Senate Journal ; also

State Affairs on SB 143 as found on page 412 of the Senate Journal ; also

State Affairs on SB 144 as found on page 412 of the Senate Journal ; also

Agriculture and Natural Resources on SB 181 as found on page 413 of the Senate Journal ; also

Judiciary on SB 186 as found on page 414 of the Senate Journal ; also

Judiciary on HB 1086 as found on page 415 of the Senate Journal ; also

Commerce on HB 1152 as found on page 421 of the Senate Journal ; also

Education on HB 1154 as found on page 418 of the Senate Journal be adopted.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1101: FOR AN ACT ENTITLED, An Act to allow affidavits for change of judge in habeas corpus actions.

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

HB 1163: FOR AN ACT ENTITLED, An Act to excuse certain elderly persons from jury duty upon request and to revise certain provisions relating to the minimum age for jury service.

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

HB 1167: FOR AN ACT ENTITLED, An Act to revise the statute of frauds with respect to the sale of grain, grain sorghums, beans, and oilseeds.

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

HB 1181: FOR AN ACT ENTITLED, An Act to establish a veterinary education loan repayment program for veterinarians who fulfill certain requirements.

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

HB 1202: FOR AN ACT ENTITLED, An Act to permit certain persons with insulin- treated diabetes mellitus to get an endorsement on a commercial driver license to drive a school bus.

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

HB 1207: FOR AN ACT ENTITLED, An Act to provide for the reduction of certain sentences upon provision of substantial assistance from the recipient.

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

HB 1212: FOR AN ACT ENTITLED, An Act to revise certain requirements of written contract documents for public improvements.

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

HB 1219: FOR AN ACT ENTITLED, An Act to allow a filing entity or qualified foreign entity to file a short form in lieu of an annual report under certain conditions.

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

HB 1243: FOR AN ACT ENTITLED, An Act to modify the requirements regarding the ownership and use of local government endowment funds.

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

HB 1255: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the telecommunications gross receipts tax.

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

HB 1265: FOR AN ACT ENTITLED, An Act to allow sellers to receive attorney fees in actions involving the disclosure statement required for certain real estate transfers.

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

HB 1278: FOR AN ACT ENTITLED, An Act to clarify certain statutes prohibiting political subdivisions from restricting firearms.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1110: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to limited liability for Y2K litigation.

The question being "Shall HB 1110 pass?"

Yeas 34, Nays 0, Excused 1, 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); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Excused:
Olson (Russell)

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

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

The question being on Sen. Gillespie's pending motion to further amend SB 32.

32od

Sen. Heidepriem moved as a substitute motion that SB 32 be further amended as follows:

On page 2, line 17, of the printed bill, delete " or " and insert " ; a license fee of seventy-five dollars plus application fees pursuant to § 32-12-16 if revocation of the license was a result of a conviction for a violation of § 32-23-2; ".

On page 2, line 19, delete " 22-16-41, 22-18-36, 32-23-2, 32-23-3, 32-23-4, 32-23-4.6, 32- 23-4.7, or ".

On page 2, line 21, after " year " insert " ; a license fee of one hundred twenty-five dollars plus application fees pursuant to § 32-12-16 if revocation of the license was a result of a conviction for a violation of § 32-23-3; a license fee of one hundred seventy-five dollars plus application fees pursuant to § 32-12-16 if revocation of the license was a result of a conviction for a violation of § 32-23-4, 32-23-4.6, or 32-23-4.7; or a license fee of two hundred dollars plus application fees pursuant to § 32-12-16 if revocation of the license was the result of a conviction for a violation of § 22-16-41 or 22-18-36 ".

On page 3, line 10, delete " one hundred " and insert " seventy-five dollars if revocation of the license was for a conviction under § 32-23-2, one hundred twenty-five ".

On page 3, line 10, after "dollars" insert " if revocation of the license was for a conviction under § 32-23-3, or one hundred seventy-five dollars if revocation of the license was for a conviction under § 32-23-4, 32-23-4.6, or 32-23-4.7 ".

The question being "Shall SB 32 pass as amended?"

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Bradford; Gant; Heidepriem; Jerstad; Maher; Peterson

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 49: FOR AN ACT ENTITLED, An Act to make an appropriation to fund sales tax on food refunds and to declare an emergency.

Was read the second time.

Sen. Abdallah moved the previous question.

The question being "Shall SB 49 pass?"

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Brown; Gray; Rhoden

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 154: FOR AN ACT ENTITLED, An Act to require new construction of certain structures and buildings to comply with the building code.

Sen. Tieszen moved that SB 154 be further amended as follows:

154tb

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

Sen. Garnos moved the previous question.

Sen. Kloucek requested a roll call vote.

Which request was not supported.

Sen. Tieszen's motion to further amend SB 154 lost.

The question now being "Shall SB 154 pass as amended?"

Yeas 27, Nays 8, Excused 0, Absent 0

Yeas:
Abdallah; Adelstein; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hanson (Gary); Haverly; Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Turbak Berry

Nays:
Ahlers; Hansen (Tom); Howie; Hunhoff (Jean); Nelson; Novstrup (Al); Tieszen; 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 HOUSE BILLS AND JOINT RESOLUTIONS

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.

The question being "Shall HB 1021 pass?"

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Haverly

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 1059: FOR AN ACT ENTITLED, An Act to define and prohibit controlled business in insurance.

Sen. Garnos moved the previous question.

The question being "Shall HB 1059 pass as amended?"

Yeas 13, Nays 19, Excused 3, Absent 0

Yeas:
Bartling; Bradford; Brown; Fryslie; Gant; Garnos; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Jerstad; Olson (Russell)

Nays:
Adelstein; Ahlers; Dempster; Gray; Howie; Hunhoff (Jean); Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Peterson; Rhoden; Schmidt; Tieszen; Vehle

Excused:
Abdallah; Haverly; Turbak Berry

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

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.

The question being "Shall HB 1171 pass?"

Yeas 20, Nays 12, Excused 3, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Gillespie; Hanson (Gary); Heidepriem; Howie; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson

Nays:
Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hunhoff (Jean); Knudson; Rhoden; Schmidt; Tieszen; Vehle

Excused:
Haverly; Nelson; Turbak Berry

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

The question being "Shall HB 1186 pass as amended?"