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Senate Journal 1/20/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 20, 2009


MR. PRESIDENT:

     The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourth 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.
HONORED GUESTS

    The President introduced Miss Cindy Syrovatka, Tabor, Czech Days Queen; Miss Katie Kniffen, Princess; and Brady Dangler, Prince.

REPORTS OF STANDING COMMITTEES
     On page 3, after line 2 of the printed bill, insert:

    "Section 3. That § 23-7-10 be repealed.

     23-7-10.   At the time of purchase of a pistol, any person who does not have in his or her possession a valid permit to carry a concealed pistol shall complete an application to purchase a pistol. The form of the application to purchase a pistol shall be prescribed by the secretary of state. The application shall require the applicant's complete name, address, occupation, place and date of birth, physical description, the date and hour of application, a statement that the applicant has never pled guilty to, nolo contendere to, or been convicted of a crime of violence, a statement that the information on the application is true and correct, and his signature. The federal firearms licensee shall, within six hours, send by first class mail or hand deliver the completed application to the chief of police of the municipality or the sheriff of the county of which the purchaser is a resident. The duplicate shall be returned to the federal firearms licensee by the chief of police or sheriff and the original shall be retained for a period of one year. "

Also MR. PRESIDENT:

            The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mike Authier of Vivian, Lyman County, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Timothy Kessler of Aberdeen, Brown County, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of James E. McMahon of Canton, Lincoln County, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to making arrangements for a memorial recognition of deceased former members of the Senate and House.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to making arrangements for the distribution of the official directory, Senate and House Journals, bills, and other legislative printing.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Rausch, Faehn, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to arrange for a Joint Session of the two houses to receive a budget message from the Governor.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committe for the purpose of arranging a Joint Session of the two houses to receive a budget message from the Governor.


     Sen. Knudson moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to make arrangements for the Joint Session to receive a message of the Governor on the budget.

    Which motion prevailed and the President announced as such committee Sens. Gray, Knudson, and Heidepriem
.

     There being no objection, the Senate reverted to Order of Business No. 6.


MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Governor on the budget respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 2:00 p.m., January 22, 2009.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved and that the Senate retire to the Senate Chamber to proceed with its regular order of business.



    That the message of the Governor be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Bob Faehn    Bob Gray
Val Rausch    Dave Knudson
Bernie Hunhoff    Scott Heidepriem
House Committee    Senate Committee


     SB 70  Introduced by:  Senators Rhoden, Abdallah, Bartling, Brown, Fryslie, Gant, Gray, Haverly, Howie, Kloucek, Maher, Novstrup (Al), Olson (Russell), Peterson, and Schmidt and Representatives Noem, Boomgarden, Brunner, Cronin, Cutler, Deadrick, Dreyer, Gosch, Greenfield, Hoffman, Juhnke, Kirkeby, Kopp, Krebs, Lederman, Novstrup (David), Olson (Betty), Peters, Pitts, Rausch, Rave, Romkema, Rounds, Russell, Steele, and Verchio

     FOR AN ACT ENTITLED, An Act to repeal the provision requiring a forty-eight hour waiting period to purchase a pistol.

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

     SB 71  Introduced by:  Senators Jerstad, Abdallah, Gant, Hundstad, Merchant, Nelson, Peterson, and Tieszen and Representatives Elliott, Blake, Burg, Dennert, Lederman, Lucas, Olson (Betty), Sly, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to broaden the application of the public indecency and indecent exposure statutes.

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

     SB 72  Introduced by:  Senators Gray, Haverly, Hunhoff (Jean), and Miles and Representatives Rave, Blake, Hunhoff (Bernie), and Tidemann

     FOR AN ACT ENTITLED, An Act to make an appropriation to initiate a master of social work degree program in higher education.

     Was read the first time and referred to the Committee on Health and Human Services.

     SB 73  Introduced by:  Senators Rhoden, Bradford, Brown, Dempster, Fryslie, Garnos, Hunhoff (Jean), Miles, Novstrup (Al), and Tieszen and Representatives Curd, Cronin, Cutler, Lederman, Moser, Noem, Novstrup (David), Olson (Betty), Pitts, Rausch, Romkema, Rounds, Steele, Verchio, and Wink


     FOR AN ACT ENTITLED, An Act to permit persons sixteen years of age to donate blood under certain circumstances.

     Was read the first time and referred to the Committee on Health and Human Services.


     SB 63: FOR AN ACT ENTITLED, An Act to add certain energy efficiency disclosures to the property condition disclosure statement.

     Was read the second time.

     Sen. Knudson moved that SB 63 be deferred to Wednesday, January 21, the 6th legislative day.

     Which motion prevailed.

     SB 64: FOR AN ACT ENTITLED, An Act to establish certain energy efficiency disclosure requirements for new residential buildings.

     Was read the second time.

     The question being "Shall SB 64 pass?"

     And the roll being called:

     Yeas 30, Nays 3, Excused 2, 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

     Nays:
Adelstein; Bradford; Vehle

     Excused:
Kloucek; 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.


     Sen. Brown moved that the Senate do now adjourn, which motion prevailed and at 2:25 p.m. the Senate adjourned.

Trudy Evenstad, Secretary