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Senate Journal 1/29/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




TWELFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 29, 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 eleventh 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 consideration of the executive appointment of Timothy A. Reisch of Miner County, Howard, South Dakota, as the Assistant Adjutant General, Army.

     The question being "Does the Senate advise and consent to the executive appointment of Timothy A. Reisch pursuant to the executive message as found on page 42 of the Senate Journal?"

     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 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 Dennis Yeaton of Brule County, Chamberlain, South Dakota, to the South Dakota Railroad Authority.

     The question being "Does the Senate advise and consent to the executive reappointment of Dennis Yeaton pursuant to the executive message as found on page 49 of the Senate Journal?"

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

     The Senate proceeded to the consideration of the executive reappointment of Jerry Prostrollo of Lake County, Madison, South Dakota, to the South Dakota Railroad Authority.


     The question being "Does the Senate advise and consent to the executive reappointment of Jerry Prostrollo pursuant to the executive message as found on page 49 of the Senate Journal?"

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


     Sen. Knudson moved that SB 116 be referred from the Committee on Taxation to the Committee on State Affairs.


     Which motion prevailed.

     Sen. Rhoden moved that SB 114 be referred from the Committee on Agriculture and Natural Resources to the Committee on Appropriations.

     Sen. Heidepriem requested a roll call vote.

     Which request was supported.

    The question being on Sen. Rhoden's motion that SB 114 be referred from the Committee on Agriculture and Natural Resources to the Committee on Appropriations.

     And the roll being called:

     Yeas 21, Nays 14, Excused 0, Absent 0

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

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

     So the motion having received an affirmative vote of a majority of the members present, the President declared the motion carried.

     Sen. Hansen (Tom) moved that SB 21 be referred from the Committee on Taxation to the Committee on State Affairs.

     Which motion prevailed.

     SCR 1  Introduced by:  Senators Hunhoff (Jean), Abdallah, Bartling, Gray, Hansen (Tom), and Hundstad and Representatives Tidemann, Burg, Deadrick, Engels, Noem, Pitts, and Putnam

     BE IT FURTHER RESOLVED,  that the secretary of the Senate of the State of South Dakota transmit an enrolled copy of this Concurrent Resolution to Mr. Guindon, the secretary of state, and the Governor of the State of South Dakota.

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

     HCR 1003: A CONCURRENT RESOLUTION, Expressing solidarity with Israel in its defense against terrorism in the Gaza Strip.

    Was read the second time.

     Sen. Adelstein moved that the Senate do concur in HCR 1003 as found on page 128 of the House Journal.

     The question being on Sen. Adelstein's motion that the Senate do concur in HCR 1003.

     And the roll being called:

     Yeas 33, Nays 2, 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

     Nays:
Turbak Berry; Vehle

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.


     Sen. Schmidt moved that the word NOT be stricken from the report of the Committee on State Affairs on SB 82 as found on page 199 of the Senate Journal and that SB 82 be immediately considered.


     The question being on Sen. Schmidt's motion that the word NOT be stricken from the report of the Committee on State Affairs on SB 82 and that the bill be immediately considered.

     And the roll being called:

     Yeas 23, Nays 12, Excused 0, Absent 0

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

     Nays:
Bradford; Dempster; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Miles; Nesselhuf; Tieszen; Turbak Berry

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

     SB 82: FOR AN ACT ENTITLED, An Act to provide for the right to possess a firearm on the campuses of public institutions of higher education.

     Was read the second time.

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

    "Section 3. That § 22-14-22 be repealed.

     22-14-22.   For the purposes of §§ 22-14-23 to 22-14-28, inclusive, the term, county courthouse, means the state capitol or any building occupied for the public sessions of a circuit court, with its various offices. The term includes any building appended to or used as a supplementary structure to a county courthouse.

     Section 4. That § 22-14-23 be repealed.

     22-14-23.   Except as provided in § 22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse, or attempts to do so, is guilty of a Class 1 misdemeanor.

     Section 5. That § 22-14-24 be repealed.


     22-14-24.   The provisions of § 22-14-23 do not apply to:
             (4)      The lawful carrying of firearms, or other dangerous weapons in a county courthouse incident to hunting, or gun safety course or to other lawful purposes.

     Section 6. That § 22-14-25 be repealed.

     22-14-25.   Nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of its proceedings, or upon any grounds pertinent to such building.

     Section 7. That § 22-14-26 be repealed.

     22-14-26.   Notice of the provisions of § 22-14-23 shall be posted conspicuously at each public entrance to each county courthouse.

     Section 8. That § 22-14-27 be repealed.

     22-14-27.   It is not a defense to a prosecution under § 22-14-23 that the defendant was the holder of a concealed weapons permit issued pursuant to §§ 23-7-7 and 23-7-7.1.

     Section 9. That § 22-14-28 be repealed.

     22-14-28.   By a majority of the members-elect, the county commission in any county may elect to waive the provisions of § 22-14-23. ".


     Sen. Knudson requested a roll call vote.

    Which request was supported.

     The question being on Sen. Nesselhuf's motion that SB 82 be amended.

     And the roll being called:

     Yeas 5, Nays 30, Excused 0, Absent 0

     Yeas:
Bradford; Jerstad; Knudson; Nesselhuf; Turbak Berry


     Nays:
Abdallah; Adelstein; Ahlers; Bartling; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Howie; Hundstad; Hunhoff (Jean); Kloucek; Maher; Merchant; Miles; Nelson; Novstrup (Al); Olson (Russell); Peterson; 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 SB 82 pass?"

     And the roll being called:

     Yeas 10, Nays 25, Excused 0, Absent 0

     Yeas:
Abdallah; Brown; Gant; Gillespie; Howie; Maher; Novstrup (Al); Olson (Russell); Rhoden; Schmidt

     Nays:
Adelstein; Ahlers; Bartling; Bradford; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Merchant; Miles; Nelson; Nesselhuf; Peterson; Tieszen; Turbak Berry; Vehle

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

     Sen. Knudson moved that the Senate do now recess until 3:48 p.m., which motion prevailed and at 3:33 p.m., the Senate recessed.


     The Senate reconvened at 3:48 p.m., President Pro Tempore Gray now presiding.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

     SB 120  Introduced by:  Senators Hansen (Tom), Abdallah, Bartling, Howie, and Kloucek and Representatives Brunner, Dennert, Faehn, Juhnke, Kirkeby, Lange, Novstrup (David), Olson (Ryan), and Rounds

     FOR AN ACT ENTITLED, An Act to encourage energy conservation and efficiency by establishing certain procedures regarding the reporting, sale, and marketing of renewable energy and recycled energy certificates.


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

     SB 121  Introduced by:  Senators Adelstein, Olson (Russell), and Tieszen and Representatives Kirkeby, Dennert, Feickert, Novstrup (David), and Vanderlinde

     FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal election procedures.

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

     SB 122  Introduced by:  Senators Gillespie, Dempster, Nelson, and Tieszen and Representatives Bolin, Kirkeby, Lederman, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to clarify the status of property contiguous to a municipality that is crossed by railroad property.

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

     SB 123  Introduced by:  Senator Gillespie and Representative Cutler

     FOR AN ACT ENTITLED, An Act to revise certain evidentiary rules relating to the statements of children.

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

     SB 124  Introduced by:  Senators Gillespie, Gant, and Heidepriem and Representatives Engels, Bolin, Cutler, and Kirkeby

     FOR AN ACT ENTITLED, An Act to require persons claiming reimbursement for state travel to sign affidavits of performance of duties.

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

     SB 125  Introduced by:  Senators Dempster, Heidepriem, and Knudson and Representatives Cutler, Curd, Engels, Lederman, Lucas, Lust, and Sorenson

     FOR AN ACT ENTITLED, An Act to revise certain provisions of the Uniform Anatomical Gift Act.

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


     SB 126  Introduced by:  Senators Knudson, Adelstein, Bradford, Brown, Fryslie, Gant, Gray, Hansen (Tom), Haverly, Howie, Hunhoff (Jean), Jerstad, Merchant, Schmidt, Tieszen, Turbak Berry, and Vehle and Representatives Sly, Hamiel, Killer, Lange, Lucas, McLaughlin, Romkema, Sorenson, Steele, Vanderlinde, and Verchio

     FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school attendance.

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

     SB 127  Introduced by:  Senator Knudson and Representative Cutler

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to trust administration.

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

     SB 128  Introduced by:  Senators Hansen (Tom), Fryslie, Hunhoff (Jean), Jerstad, Merchant, Novstrup (Al), and Olson (Russell) and Representatives Deadrick, Boomgarden, Burg, Cronin, Dennert, Elliott, Feickert, Gibson, Greenfield, Hoffman, Hunhoff (Bernie), Juhnke, Krebs, Lucas, Moser, Noem, Novstrup (David), Nygaard, Pitts, Putnam, Rave, Tidemann, and Van Gerpen

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

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

     SB 129  Introduced by:  Senators Bartling and Garnos and Representatives Juhnke, Lucas, and Vanneman

     FOR AN ACT ENTITLED, An Act to revise certain conditions that must be met before an extension of State Highway 53 in Tripp County is added to the state trunk highway system.

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

     SB 130  Introduced by:  Senators Gillespie and Miles and Representatives Deadrick and Dennert

     FOR AN ACT ENTITLED, An Act to require written consent for the issuance of certain disinterment permits.

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


     SB 131  Introduced by:  Senators Gillespie, Abdallah, and Hunhoff (Jean) and Representatives Hunhoff (Bernie), Bolin, Engels, Juhnke, Lederman, Peters, Rausch, and Street

     FOR AN ACT ENTITLED, An Act to authorize sheriffs to order autopsies.

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

     SB 132  Introduced by:  Senators Gillespie, Abdallah, Bartling, Bradford, Fryslie, Gant, Garnos, Hansen (Tom), Haverly, Maher, Merchant, Novstrup (Al), and Schmidt and Representatives Bolin, Cronin, Cutler, Dennert, Elliott, Feinstein, Frerichs, Gibson, Greenfield, Hamiel, Hoffman, Kirkeby, Kopp, Lederman, Moser, Novstrup (David), Olson (Betty), Peters, Pitts, Putnam, Russell, Schlekeway, Sly, Street, Thompson, Van Gerpen, and Verchio

     FOR AN ACT ENTITLED, An Act to exempt certain school districts from the requirement to reorganize due to low enrollment.

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

     SB 133  Introduced by:  Senators Gillespie, Knudson, and Olson (Russell) and Representatives Nygaard, Brunner, Cutler, Hunhoff (Bernie), Peters, Pitts, and Rounds

     FOR AN ACT ENTITLED, An Act to provide for central filing of documents necessary to perfect a security interest in personal property or fixtures of a rural electric cooperative.

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

     SB 134  Introduced by:  Senators Turbak Berry, Adelstein, Heidepriem, Jerstad, Knudson, and Merchant and Representatives Cutler, Blake, Burg, Dennert, Dreyer, Fargen, Frerichs, Gibson, Lust, McLaughlin, Noem, Nygaard, Olson (Betty), Putnam, Romkema, Solberg, and Solum

     FOR AN ACT ENTITLED, An Act to provide health insurance coverage for contraceptive drugs and devices.

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

     SB 135  Introduced by:  Senator Hansen (Tom) and Representative Brunner

     FOR AN ACT ENTITLED, An Act to revise certain statutes relating to the granting of certain licenses by the Animal Industry Board.

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



     SB 136  Introduced by:  Senators Hansen (Tom), Brown, Fryslie, Howie, and Peterson and Representatives Brunner, Cronin, Greenfield, Hamiel, Kopp, Krebs, Novstrup (David), Olson (Betty), Peters, Pitts, Rounds, Street, Van Gerpen, and Vanneman

     FOR AN ACT ENTITLED, An Act to repeal the provision that requires cooperatives to set aside a portion of the net proceeds as an education fund.

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

     SB 137  Introduced by:  Senators Heidepriem, Abdallah, Ahlers, Bartling, Gillespie, Hanson (Gary), Hundstad, Jerstad, Kloucek, Maher, Merchant, Miles, Nesselhuf, Peterson, and Turbak Berry and Representatives Hunhoff (Bernie), Blake, Burg, Dennert, Elliott, Engels, Fargen, Feickert, Feinstein, Frerichs, Gibson, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to require the sale of aircraft under the control of the Department of Transportation and to declare an emergency.

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

     SB 138  Introduced by:  Senators Heidepriem, Abdallah, Gillespie, Knudson, and Miles and Representatives Nygaard, Burg, and Kopp

     FOR AN ACT ENTITLED, An Act to revise the qualifications for the director and employees of the Division of Veterans Affairs and for county veterans' service officers.

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

     SB 139  Introduced by:  Senators Miles, Ahlers, Bradford, Hunhoff (Jean), Kloucek, and Schmidt and Representatives Gosch, Curd, Deadrick, Elliott, Kirschman, Krebs, McLaughlin, Nygaard, Pitts, Rausch, Schlekeway, Solum, Sorenson, Steele, Thompson, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to provide for certain restrictions for the use of tanning devices by minors.

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

     SB 140  Introduced by:  Senators Bartling, Brown, Garnos, and Hanson (Gary) and Representatives Frerichs, Fargen, Greenfield, Lucas, Noem, Van Gerpen, and Vanneman

     FOR AN ACT ENTITLED, An Act to allow school districts to enter into contractual agreements to provide for the whole-grade sharing of students.


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

     SB 141  Introduced by:  Senators Ahlers, Hanson (Gary), Heidepriem, Kloucek, Maher, Merchant, Novstrup (Al), Peterson, and Vehle and Representatives Lucas, Curd, Cutler, Engels, Rausch, Rave, Rounds, and Sorenson

     FOR AN ACT ENTITLED, An Act to establish certain requirements regarding the siting of certain wind turbine towers.

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

     SB 142  Introduced by:  Senators Ahlers, Bartling, Hanson (Gary), Heidepriem, Kloucek, Merchant, Olson (Russell), Peterson, and Turbak Berry and Representatives Engels, Blake, Burg, Elliott, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Iron Cloud III, Killer, Lange, Lucas, Nygaard, Rounds, Schrempp, Solberg, Sorenson, Street, Thompson, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to place certain limitations on legislative travel, expenses, and reimbursement.

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

     SB 143  Introduced by:  Senators Gant, Abdallah, Gray, Miles, Nesselhuf, Olson (Russell), Schmidt, and Turbak Berry and Representatives Schlekeway, Bolin, Brunner, Curd, Cutler, Hamiel, Kirkeby, Lucas, and Steele

     FOR AN ACT ENTITLED, An Act to require the Governor to continue the OPEN SD website.

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

     SB 144  Introduced by:  Senators Gant, Abdallah, Gray, Miles, Nesselhuf, Schmidt, and Turbak Berry and Representatives Kirkeby, Brunner, Cutler, Engels, Schlekeway, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to require all state contracts to be listed on the OPEN SD website.

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

     SB 145  Introduced by:  Senators Knudson, Ahlers, Bartling, Haverly, Heidepriem, Hundstad, Hunhoff (Jean), and Maher and Representatives Putnam, Burg, Carson, Deadrick, Dennert, Greenfield, Peters, Tidemann, Turbiville, and Wink



     FOR AN ACT ENTITLED, An Act to prohibit the transfer and subsequent expenditure of certain moneys appropriated to state aid to general and special education without specific legislative authorization.

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

     SB 146  Introduced by:  Senators Jerstad, Ahlers, Bartling, Brown, Fryslie, Gant, Hansen (Tom), Merchant, Peterson, and Tieszen and Representatives Russell, Blake, Curd, Cutler, Feickert, Krebs, Lange, Lederman, Lucas, Nygaard, Rounds, Schrempp, Sly, Street, and Thompson

     FOR AN ACT ENTITLED, An Act to increase the penalty for solicitation of a minor.

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

     SB 147  Introduced by:  Senators Knudson, Adelstein, Dempster, Gant, Gray, Hansen (Tom), Heidepriem, Rhoden, and Turbak Berry and Representatives Faehn, Cutler, Hunhoff (Bernie), Kirschman, Lust, Noem, Rausch, Rave, and Schlekeway

     FOR AN ACT ENTITLED, An Act to provide for public access to public records, to provide certain exemptions, and to provide for judicial remedies for noncompliance.

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

     SB 148  Introduced by:  Senator Adelstein and Representatives Nygaard, Curd, Kirkeby, and Lange

     FOR AN ACT ENTITLED, An Act to require the use of an ignition interlock device in motor vehicles used by certain persons guilty of a second violation of driving under the influence and to provide for certain penalties with regard to ignition interlock devices.

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

     SB 149  Introduced by:  Senators Adelstein, Abdallah, Jerstad, Nelson, and Tieszen and Representatives McLaughlin, Lederman, and Sly

     FOR AN ACT ENTITLED, An Act to revise the annual property tax levies for the general fund of a school district.

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

     SB 150  Introduced by:  Senators Adelstein, Abdallah, Haverly, Heidepriem, Jerstad, Kloucek, Maher, and Merchant and Representatives Dennert, Burg, Dreyer, Engels, Fargen, Frerichs, Greenfield, Hunhoff (Bernie), Kirschman, Krebs, McLaughlin, Nygaard, Olson (Betty), Pitts, Rausch, Schlekeway, and Solberg

     FOR AN ACT ENTITLED, An Act to establish a presumption regarding occupational disease disabilities of certain firefighters.

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

     SB 151  Introduced by:  Senators Adelstein, Bradford, Brown, Dempster, Fryslie, Haverly, Miles, Nelson, and Tieszen and Representatives Van Gerpen, Dreyer, Lederman, Nygaard, and Pitts

     FOR AN ACT ENTITLED, An Act to provide for a special motor vehicle license plate for parents of members of the United States Armed Forces who died while in service of this country.

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

     SB 152  Introduced by:  Senators Jerstad, Ahlers, Bartling, Brown, Gant, Hansen (Tom), Hanson (Gary), Hundstad, Kloucek, Merchant, Miles, and Peterson and Representatives Blake, Curd, Fargen, Hunhoff (Bernie), Krebs, Lederman, Moser, Russell, Sly, Street, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to prohibit the physical presence of registered sex offenders at certain day care, preschool, and elementary school premises under most circumstances and to provide a penalty therefor.

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

     SB 153  Introduced by:  Senators Jerstad, Adelstein, Fryslie, and Merchant and Representatives Nygaard, Engels, Gibson, Jensen, Juhnke, Killer, Kirkeby, Krebs, Lange, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates and the contact preference of birth parents.

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

     SB 154  Introduced by:  Senators Gant, Abdallah, Dempster, Gillespie, Gray, Hanson (Gary), Hundstad, Hunhoff (Jean), Miles, and Nesselhuf and Representatives Gosch, Blake, Boomgarden, Cronin, Curd, Feickert, Gibson, Hamiel, Kirkeby, Krebs, Lucas, Moser, Nygaard, Solum, Street, Thompson, Turbiville, Vanderlinde, and Verchio

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



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

     SB 155  Introduced by:  Senators Bradford, Adelstein, Dempster, Fryslie, Gillespie, and Hansen (Tom) and Representatives Lucas, Engels, Iron Cloud III, Killer, Lange, and Van Gerpen

     FOR AN ACT ENTITLED, An Act to provide for the revision of certain offensive geographic place names.

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

     SB 156  Introduced by:  Senators Bradford, Adelstein, Gillespie, and Jerstad and Representatives Killer, Iron Cloud III, Lange, and Lucas

     FOR AN ACT ENTITLED, An Act to revise the scope of certain provisions related to hate crimes.

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

     SB 157  Introduced by:  Senators Bradford, Adelstein, Hansen (Tom), Heidepriem, and Jerstad and Representatives Lucas, Iron Cloud III, Killer, and Lange

     FOR AN ACT ENTITLED, An Act to provide for the participation of independent voters in primary elections.

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

     SB 158  Introduced by:  Senator Vehle and Representatives Hamiel and Vanneman

     FOR AN ACT ENTITLED, An Act to provide for the recall of members of the board of trustees in third class municipalities.

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

     SB 159  Introduced by:  Senators Gray, Abdallah, Dempster, Garnos, Gillespie, Howie, Rhoden, and Turbak Berry and Representatives Rounds, Dennert, Feickert, Juhnke, Lederman, Olson (Betty), Rausch, and Street

     FOR AN ACT ENTITLED, An Act to permit counties to deposit funds in any state or national bank located within the state.

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



     SB 160  Introduced by:  Senators Hansen (Tom), Dempster, Jerstad, Knudson, Merchant, and Schmidt and Representatives Hunt, Feinstein, Hamiel, Krebs, Lederman, Schlekeway, and Thompson

     FOR AN ACT ENTITLED, An Act to revise the grounds for which a license of an athletic trainer may be revoked, suspended, or canceled.

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

     SB 161  Introduced by:  Senators Nesselhuf and Turbak Berry and Representatives Lederman, Bolin, Feinstein, Kirkeby, Nygaard, and Street

     FOR AN ACT ENTITLED, An Act to prohibit the use of federal income tax credits when assessing property.

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

     SB 162  Introduced by:  Senator Peterson and Representative Noem

     FOR AN ACT ENTITLED, An Act to clarify the taxation requirements for certain ethanol fuel blends.

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

     SB 163  Introduced by:  Senators Ahlers, Bartling, Heidepriem, Hundstad, Kloucek, Maher, Merchant, and Schmidt and Representatives Greenfield, Boomgarden, Burg, Curd, Dennert, Engels, Feinstein, Gosch, Krebs, Lucas, Putnam, Rausch, and Sorenson

     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the transfer of appropriations.

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

     SJR 1  Introduced by:  Senators Heidepriem, Abdallah, and Hanson (Gary) and Representatives Engels, Blake, Fargen, Feinstein, Hunhoff (Bernie), Nygaard, and Vanderlinde

     A JOINT RESOLUTION, To propose a constitutional amendment to authorize the Legislature on the advice of the Governor, to forestall certain threats from interstate gaming.

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

     SJR 2  Introduced by:  Senators Rhoden, Abdallah, Adelstein, Ahlers, Bartling, Fryslie, Garnos, Gray, Hansen (Tom), Hanson (Gary), Haverly, Howie, Hundstad, Maher, Nelson, Schmidt, and Vehle and Representatives Noem, Brunner, Elliott, Hoffman, Kopp, Lederman, McLaughlin, Novstrup (David), Olson (Betty), Rausch, Sly, Steele, Turbiville, Van Gerpen, and Verchio

     A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article VI of the Constitution of the State of South Dakota, relating to the utilization of English as the official language.

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


     HB 1041: FOR AN ACT ENTITLED, An Act to provide physicians with a limited permit to practice medicine within a residency program and to revise certain provisions regarding the Board of Examiners authority to administer resident certificates and resident training permits.

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

     HB 1042: FOR AN ACT ENTITLED, An Act to permit an extension to the required examination time period allowed for certain medical licensing examinations.

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

     HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding captive insurance companies.

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

     HB 1053: FOR AN ACT ENTITLED, An Act to repeal the prohibition against the resale of certain seized or abandoned property purchased from the secretary of game, fish and parks.

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

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

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

     HB 1058: FOR AN ACT ENTITLED, An Act to revise certain practice privileges for certified public accountants licensed in other states.



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

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

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

     HB 1082: FOR AN ACT ENTITLED, An Act to revise the procedure to adopt rules.

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

     HB 1086: FOR AN ACT ENTITLED, An Act to provide for and to require the attachment of an affidavit in certain garnishment proceedings.

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

     HB 1103: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding limited partnerships and limited liability companies related to the rights of judgment creditors.

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

     HB 1108: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of stationary for county officers.

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


     SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code and to repeal an obsolete reference to the Internal Revenue Code.

     Was read the second time.

     The question being "Shall SB 14 pass?"

     And the roll being called:

     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); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

     Excused:
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.

     SB 76: FOR AN ACT ENTITLED, An Act to require background investigations for certain optometrist licensees and applicants.

     Was read the second time.

     The question being "Shall SB 76 pass?"

     And the roll being called:

     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); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Vehle

     Excused:
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.


     Which motion lost.

     The question being "Shall SB 17 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 4, 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; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry; Vehle

     Nays:
Bradford; Kloucek; Rhoden; Schmidt

     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 68: FOR AN ACT ENTITLED, An Act to authorize the establishment, operation, and control of research parks on state land.

     Was read the second time.


     Which motion prevailed.


     Sen. Hunhoff (Jean) announced her intention to reconsider the vote by which SB 68 passed.

     SB 3: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

     Was read the second time.

     Sen. Knudson moved that SB 3, 4, and 29 be deferred to Monday, February 2, the 14th legislative day.

     Which motion prevailed.

     SB 2: FOR AN ACT ENTITLED, An Act to revise the available number and method of allocation of certain nonresident waterfowl hunting licenses.

     Was read the second time.

     The question being "Shall SB 2 pass as amended?"

     And the roll being called:

     Yeas 7, Nays 28, Excused 0, Absent 0

     Yeas:
Adelstein; Fryslie; Howie; Hundstad; Maher; Rhoden; Vehle

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

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

     SB 9: FOR AN ACT ENTITLED, An Act to authorize certain vehicle parking privileges for persons with disabilities who display Purple Heart special license plates.

     Was read the second time.

     Sen. Rhoden moved the previous question.

     Which motion prevailed.

     The question being "Shall SB 9 pass?"


     And the roll being called:

     Yeas 11, Nays 23, Excused 1, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Hanson (Gary); Heidepriem; Hundstad; Knudson; Miles; Nesselhuf; Peterson; Turbak Berry

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

     Excused:
Gillespie

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

     SB 38: FOR AN ACT ENTITLED, An Act to require school districts to keep contiguous boundaries when reorganizing.

     Was read the second time.

     The question being "Shall SB 38 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

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

     Nays:
Ahlers; Bartling; Bradford; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Maher; Merchant; Miles; Peterson; Vehle

     Excused:
Gillespie

     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. Heidepriem announced his intention to reconsider the vote by which SB 38 passed.



     SB 57: FOR AN ACT ENTITLED, An Act to allow the use of energy efficiency and conservation to count toward the state's renewable and recycled energy objective.

     Was read the second time.

     The question being "Shall SB 57 pass?"

     And the roll being called:

     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; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Maher

     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 1017: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the escape from a nonsecure facility.

     Was read the second time.

     The question being "Shall HB 1017 pass?"

     And the roll being called:

     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; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Nesselhuf


     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. Knudson moved that when we adjourn today, we adjourn to convene at 12:00 p.m. on Friday, January 30, the 13th legislative day.

     Which motion prevailed.