JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION



THIRTY-NINTH DAY



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

     The Senate convened at 11:00 a.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 page Caitlin Forman.

     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 thirty-eighth 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 Legislative Procedure respectfully reports that SB 4, 33, 36, 37, 50, 68, 74, 78, 80, 115, 144, 147, 165, 184, and 186 were delivered to his Excellency, the Governor, for his approval at 4:45 p.m., March 12, 2009.

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 106 and 117 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., March 13, 2009.

Respectfully submitted,
Bob Gray, Chair

REPORTS OF CONFERENCE COMMITTEES


MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 42 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 42 be amended as follows:

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     On page 1, after line 14 of the House engrossed bill, insert:

    "Section 2. That chapter 10-59 be amended by adding thereto a NEW SECTION to read as follows:

     Any claim for refund by a taxpayer that is based upon or arose because of the South Dakota Supreme Court's decision in In the Matter of the Sales Tax Liability of James Pirmantgen & Patricia Carlson, 2008 SD 127 (December 23, 2008), must be filed with the owner of a mini- storage or self-storage facility on or before September 15, 2009. Each owner of a mini-storage or self-storage facility is immune from any sales tax liability to the taxpayer after September 15, 2009. However, if any sales taxes is refunded by the Department of Revenue and Regulation to the owner, the owner is not immune until the owner has refunded the sales taxes to the taxpayer."

Respectfully submitted,    Respectfully submitted,
Kristi Noem    Tom Hansen
House Committee Chair    Senate Committee Chair

 Also MR. PRESIDENT:

     The Conference Committee respectfully reports that it has considered SB 153 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 153 and do not appoint a new committee.

Respectfully submitted,    Respectfully submitted,
Joni Cutler    Thomas Dempster
House Committee Chair    Senate Committee Chair

     Sen. Knudson moved that the Senate do now recess until 11:45 a.m., which motion prevailed and at 11:10 a.m., the Senate recessed.

RECESS

     The Senate reconvened at 12:03 p.m., the President presiding.

COMMUNICATIONS AND PETITIONS

March 13, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 12, 2009, I approved Senate Bills 3, 32, 55, 70, 90, 100, 108, 131, 132, 143, 148, 151, 155, 159, and 202, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

 March 13, 2009

Mr. President and Members of the Senate:

     I have the honor to inform you that on March 13, 2009, I approved Senate Bills 140, 158, 160, 164, 173, and 190, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor


MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1079.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

     HCR 1020: A CONCURRENT RESOLUTION, Opposing federal control of state water rights through unnecessary expansion of the federal Clean Water Act.

    Was read the second time.

     Sen. Maher moved that the Senate do concur in HCR 1020 as found on page 779 of the House Journal.

     The question being on Sen. Maher's motion that the Senate do concur in HCR 1020.

     And the roll being called:

     Yeas 15, Nays 19, Excused 1, Absent 0

     Yeas:
Bartling; Bradford; Fryslie; Garnos; Gillespie; Hanson (Gary); Howie; Jerstad; Kloucek; Maher; Miles; Novstrup (Al); Rhoden; Schmidt; Tieszen

     Nays:
Abdallah; Ahlers; Brown; Dempster; Gant; Gray; Hansen (Tom); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Knudson; Merchant; Nelson; Nesselhuf; Olson (Russell); Peterson; Turbak Berry; Vehle

     Excused:
Adelstein

     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 CONFERENCE COMMITTEES

     Sen. Hansen (Tom) moved that the report of the Conference Committee on SB 42 as found on page 776 of the Senate Journal be adopted.

     The question being on Sen. Hansen's motion that the report of the Conference Committee on SB 42 be adopted.

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; 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:
Bradford; Kloucek

     Excused:
Adelstein

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

     Sen. Dempster moved that the report of the Conference Committee on SB 153 as found on page 777 of the Senate Journal be adopted.

     The question being on Sen. Dempster's motion that the report of the Conference Committee on SB 153 be adopted.

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0

     Yeas:
Abdallah; 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

     Excused:
Adelstein

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


     Sen. Knudson moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 12:25 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 3:07 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 42 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on SB 42, 72, and 153 and HB 1237.

Respectfully,
Karen Gerdes, Chief Clerk

     Sen. Knudson moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 3:14 p.m., the Senate recessed.

RECESS

     The Senate reconvened at 4:38 p.m., the President presiding.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

     I have the honor to transmit herewith HB 1300 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1300: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

     Was read the first time.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

     HB 1300: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

     Was read the second time.

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     Sen. Ahlers moved that HB 1300 be further amended as follows:

     On page 11, line 40 of the House Appropriations Committee engrossed bill, INCREASE operating expenses GENERAL FUNDS $318,310 and INCREASE operating expenses FEDERAL FUNDS $142,421

     On page 11, line 47, INCREASE operating expenses GENERAL FUNDS $3,075,804 and INCREASE operating expenses FEDERAL FUNDS $6,314,290

     On page 11, line 54, INCREASE operating expenses GENERAL FUNDS $312,915 and INCREASE operating expenses FEDERAL FUNDS $243,068 and INCREASE operating expenses OTHER FUNDS $4,085

     On page 12, line 40, INCREASE operating expenses OTHER FUNDS $16,581
     On page 17, line 32, INCREASE operating expenses FEDERAL FUNDS $57,672

     On page 21, line 12, INCREASE operating expenses GENERAL FUNDS $21,134

     On page 22, line 4, INCREASE operating expenses GENERAL FUNDS $158,409 and INCREASE operating expenses FEDERAL FUNDS $129,022

     On page 22, line 47, INCREASE operating expenses GENERAL FUNDS $2,276

     On page 22, line 54, INCREASE operating expenses GENERAL FUNDS $464,151 and INCREASE operating expenses FEDERAL FUNDS $978,349

     On page 23, line 11, INCREASE operating expenses GENERAL FUNDS $148,934 and INCREASE operating expenses FEDERAL FUNDS $47,124

     On page 23, line 18, INCREASE operating expenses GENERAL FUNDS $31,209 and INCREASE operating expenses FEDERAL FUNDS $37,810

     On page 24, line 18, INCREASE operating expenses GENERAL FUNDS $205,215 and INCREASE operating expenses FEDERAL FUNDS $154,809 and INCREASE operating expenses OTHER FUNDS $4,553

     On page 25, line 34, INCREASE operating expenses GENERAL FUNDS $21,199

Adjust all totals accordingly.

DESCRIPTION: Provider Inflation. Increase provider inflation by 1.5 %.


     Sen. Heidepriem requested a roll call vote.

     Which request was supported.

     The question being on Sen. Ahlers' motion that HB 1300 be further amended.

     And the roll being called:

     Yeas 15, Nays 20, Excused 0, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

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

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

     The question being "Shall HB 1300 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 10, Excused 0, Absent 0

     Yeas:
Abdallah; Adelstein; Ahlers; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Howie; Hunhoff (Jean); Kloucek; Knudson; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

     Nays:
Bartling; Bradford; Heidepriem; Hundstad; Jerstad; Maher; Merchant; Miles; Nesselhuf; 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.

     There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

Also MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that SB 42 was delivered to his Excellency, the Governor, for his approval at 4:45 p.m., March 13, 2009.

Respectfully submitted,
Bob Gray, Chair

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 11:00 a.m. on Monday, March 30, the 40th legislative day.

     Which motion prevailed.


SIGNING OF BILLS

     The President publicly read the title to

     SB 42: FOR AN ACT ENTITLED, An Act to  provide an application deadline for sales and use tax refunds regarding certain storage facilities.

     HB 1079: FOR AN ACT ENTITLED, An Act to  revise certain provisions regarding the sex offender registry.

     HB 1153: FOR AN ACT ENTITLED, An Act to  revise the elements of the crime of indecent exposure involving a child, to revise the elements of the crime of indecent exposure, and to establish the crime of private indecent exposure.

     HB 1237: FOR AN ACT ENTITLED, An Act to  make an appropriation to fund certain property and sales tax refunds for elderly persons and persons living with a disability, to make an appropriation to fund sales tax on food refunds, and to revise the eligibility requirements for the sales tax on food refund program.

     HB 1254: FOR AN ACT ENTITLED, An Act to  exclude any federal stimulus funds in a school district's general fund when determining its allowable general fund balance.

     HB 1300: FOR AN ACT ENTITLED, An Act to  appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

     And signed the same in the presence of the Senate.

     Sen. Brown moved that the Senate do now adjourn, which motion prevailed and at 5:43 p.m. the Senate adjourned.

Trudy Evenstad, Secretary