State of South Dakota

South Dakota Legislature

2009 Session Senate Journals

Members Calendars Journals Agendas Readers

Senate Journals

Printer Friendly

Senate Journal 2/3/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 3, 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 fourteenth 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

     HCR 1005: A CONCURRENT RESOLUTION, To honor and thank George W. Bush, the forty-third president of the United States of America.

     Was read the first time, the President waived the referral to committee, and placed HCR 1005 on the calendar of Wednesday, February 4, the 16th legislative day.

     SCR 2: A CONCURRENT RESOLUTION, Urging the reinstatement and funding of a federal inspection program governing horse slaughter and euthanasia facilities.


    Was read the second time.

     Sen. Kloucek moved that SCR 2 as found on page 259 of the Senate Journal be adopted.

     The question being on Sen. Kloucek's motion that SCR 2 be adopted.

     And the roll being called:

     Yeas 30, Nays 4, Excused 1, Absent 0

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

     Nays:
Adelstein; Dempster; Hansen (Tom); Knudson

     Excused:
Howie

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.


     SB 183  Introduced by:  Senator Gillespie and Representatives Lederman and Bolin

     FOR AN ACT ENTITLED, An Act to establish certain requirements concerning the publication of county notices.

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


     SB 184  Introduced by:  Senators Hanson (Gary), Fryslie, Garnos, Maher, Peterson, and Schmidt and Representatives Vanneman, Brunner, Hunhoff (Bernie), Jensen, Juhnke, Lucas, and Turbiville

     FOR AN ACT ENTITLED, An Act to require the terms of wind easements or options to accommodate other easements for essential services.

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

     SB 185  Introduced by:  Senators Olson (Russell), Bradford, Garnos, and Maher and Representatives Frerichs, Fargen, Hamiel, Lucas, Moser, Olson (Ryan), and Van Gerpen

     FOR AN ACT ENTITLED, An Act to revise the graduation requirements for students entering ninth grade in 2009 and thereafter by eliminating the option of the basic high school program.

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

     SB 186  Introduced by:  Senator Olson (Russell)

     FOR AN ACT ENTITLED, An Act to provide for the imposition of a late payment fee for unpaid child support.

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

     SB 187  Introduced by:  Senators Rhoden, Ahlers, Hansen (Tom), and Hanson (Gary) and Representatives Vanneman, Brunner, Burg, Juhnke, Olson (Betty), and Rounds

     FOR AN ACT ENTITLED, An Act to allow the merger or consolidation of a cooperative and its subsidiary.

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

     SB 188  Introduced by:  Senators Rhoden, Howie, and Maher and Representative Brunner

     FOR AN ACT ENTITLED, An Act to provide for the appointment of members of the State Brand Board by district.

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

     SB 189  Introduced by:  The Committee on State Affairs at the request of the Office of the Governor



     FOR AN ACT ENTITLED, An Act to revise certain provisions relating to payments to teachers obtaining certain national board certification.

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

     SB 190  Introduced by:  The Committee on State Affairs at the request of the Office of the Governor

     FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

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

     SB 191  Introduced by:  Senators Dempster, Adelstein, Ahlers, Bartling, Fryslie, Garnos, Gillespie, Heidepriem, Jerstad, Knudson, Nelson, Nesselhuf, Peterson, Tieszen, and Turbak Berry and Representatives Krebs, Blake, Curd, Cutler, Deadrick, Feinstein, Gibson, Gosch, Kirkeby, Lederman, Lucas, McLaughlin, Rave, Romkema, Solberg, Street, Turbiville, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to establish eligibility criteria, community planning processes, and quality benchmarks for state-supported prekindergarten programs.

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

     SB 192  Introduced by:  Senators Gant and Miles and Representatives Kirkeby, Sly, and Thompson

     FOR AN ACT ENTITLED, An Act to exempt the gross receipts from certain food coupons from sales tax.

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

     SB 193  Introduced by:  Senators Adelstein, Bartling, Gillespie, and Miles and Representatives Blake, Dennert, McLaughlin, Moser, Pitts, Street, and Vanderlinde

     FOR AN ACT ENTITLED, An Act to expand medicaid eligibility for pregnant women upon certain conditions and to provide an appropriation therefor.

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

     SB 194  Introduced by:  Senators Adelstein, Bradford, and Tieszen and Representatives Kirkeby, Curd, Jensen, Lust, and McLaughlin


     FOR AN ACT ENTITLED, An Act to increase revenues for state and local highways by increasing the fuel excise tax on certain ethanol blends.

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

     SB 195  Introduced by:  Senators Nesselhuf, Adelstein, Nelson, and Turbak Berry and Representatives Engels, Blake, Cutler, Dreyer, Hoffman, Hunhoff (Bernie), McLaughlin, and Street

     FOR AN ACT ENTITLED, An Act to repeal the ban on certain medical research.

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

     SB 196  Introduced by:  Senators Howie, Abdallah, Gant, and Haverly and Representatives Verchio, Kopp, Lederman, Lust, and Turbiville

     FOR AN ACT ENTITLED, An Act to increase the sales and use tax and to allocate and appropriate the increased revenue for property tax reduction.

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

     SB 197  Introduced by:  Senator Heidepriem and Representative Hunhoff (Bernie)

     FOR AN ACT ENTITLED, An Act to create a South Dakota Federal Stimulus Fund Commission.

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

     SB 198  Introduced by:  Senators Peterson, Ahlers, and Gillespie and Representatives Street, Engels, Feinstein, Hunt, McLaughlin, and Olson (Betty)

     FOR AN ACT ENTITLED, An Act to require notice if certain immunizations contain more than trace amounts of mercury.

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

     SB 199  Introduced by:  Senators Merchant, Adelstein, Bartling, Bradford, Jerstad, and Nelson and Representatives Cutler, Feinstein, Killer, Kirschman, Lange, and Lederman

     FOR AN ACT ENTITLED, An Act to repeal the sales and use tax on certain food items, to increase the rate of taxation for the sales and use tax on certain goods and services, to provide for the distribution of certain revenue to municipalities, and to repeal the sales tax on food refund program.



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

     SB 200  Introduced by:  Senator Vehle and Representative Krebs

     FOR AN ACT ENTITLED, An Act to provide for a tax on the wholesale price of certain fuel and to increase the fuel excise tax.

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

     SB 201  Introduced by:  Senators Vehle, Bradford, Dempster, Fryslie, Hansen (Tom), Knudson, and Tieszen and Representatives Krebs, Brunner, Hamiel, Olson (Ryan), Steele, and Street

     FOR AN ACT ENTITLED, An Act to increase certain fees on motor vehicles and to impose an additional tax on certain fuel used by motor vehicles.

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

     SB 202  Introduced by:  Senators Garnos and Kloucek

     FOR AN ACT ENTITLED, An Act to require implementation of certain energy-saving measures in facilities and equipment maintained by the state.

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

     SB 203  Introduced by:  Senators Gray, Abdallah, Dempster, Garnos, Hanson (Gary), Heidepriem, Knudson, Miles, and Turbak Berry and Representatives Dennert, Curd, Cutler, Hunhoff (Bernie), Noem, and Rave

     FOR AN ACT ENTITLED, An Act to make an appropriation for the purposes of funding the Birth to Three Program in the Department of Education.

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


     HB 1004: FOR AN ACT ENTITLED, An Act to provide for the killing of mountain lions under certain circumstances.

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



     HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the imposition of sales and use tax on telecommunications services and ancillary services.

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

     HB 1011: FOR AN ACT ENTITLED, An Act to revise restrictions on the assignment and transfer of certain tax refund permits and refund claims.

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

     HB 1022: FOR AN ACT ENTITLED, An Act to make certain members of limited liability companies and partners of partnerships personally responsible for certain tax debts.

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

     HB 1026: FOR AN ACT ENTITLED, An Act to revise certain provisions permitting cities and counties to issue full-service restaurant on-sale alcohol licenses.

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

     HB 1090: FOR AN ACT ENTITLED, An Act to prohibit the possession of Salvia divinorum and to declare an emergency.

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

     HB 1112: FOR AN ACT ENTITLED, An Act to establish certain restrictions and requirements related to encumbrances on wind easements.

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

     HB 1133: FOR AN ACT ENTITLED, An Act to authorize certain specialty license plates to be placed on motorcycles.

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

     HB 1136: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the purchase of private water lines.

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


     HB 1139: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions relating to the discontinuance of county homes.

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


     Sen. Dempster moved the previous question.

     Which motion prevailed.

     Sen. Gant requested a roll call vote.


     Which request was supported.

     The question being on Sen. Turbak Berry's motion that SB 3 be further amended.

     And the roll being called:

     Yeas 10, Nays 24, Excused 1, Absent 0

     Yeas:
Abdallah; Adelstein; Bradford; Brown; Gant; Haverly; Novstrup (Al); Olson (Russell); Schmidt; Turbak Berry

     Nays:
Ahlers; Bartling; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Tieszen; Vehle

     Excused:
Howie

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

    The President now presiding.

     Sen. Dempster moved the previous question.

     Which request was supported.


     The question being "Shall SB 3 pass as amended?"

     And the roll being called:

     Yeas 22, Nays 12, Excused 1, Absent 0

     Yeas:
Ahlers; Bartling; Dempster; Fryslie; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Nelson; Nesselhuf; Peterson; Rhoden; Tieszen; Vehle

     Nays:
Abdallah; Adelstein; Bradford; Brown; Gant; Gillespie; Haverly; Miles; Novstrup (Al); Olson (Russell); Schmidt; Turbak Berry


     Excused:
Howie

     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. Adelstein announced his intention to reconsider the vote by which SB 3 passed.

     SB 4: FOR AN ACT ENTITLED, An Act to revise certain tax levy limitations and property tax levies for school districts.

     Was read the second time.


     Which motion prevailed.

     The question being "Shall SB 4 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 4, Excused 2, Absent 0

     Yeas:
Adelstein; Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Haverly; Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Peterson; Rhoden; Schmidt; Tieszen; Vehle

     Nays:
Gant; Novstrup (Al); Olson (Russell); Turbak Berry

     Excused:
Abdallah; Howie

     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 66: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to construct an addition to the Northern State University Joseph H. Barnett Center and to accept donations for such purpose and to make an appropriation thereof.

     Was read the second time.


     Which motion lost.

     The question being "Shall SB 66 pass as amended?"

     And the roll being called:

     Yeas 31, Nays 3, Excused 1, Absent 0

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

     Nays:
Ahlers; Gillespie; Kloucek

     Excused:
Howie

     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 79: FOR AN ACT ENTITLED, An Act to provide for the primary enforcement of seat belt laws and to define passenger buses.

     Was read the second time.

     The question being "Shall SB 79 pass as amended?"

     And the roll being called:


     Yeas 21, Nays 13, Excused 1, Absent 0

     Yeas:
Adelstein; Ahlers; Bartling; Dempster; Fryslie; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nelson; Nesselhuf; Tieszen; Turbak Berry; Vehle

     Nays:
Abdallah; Bradford; Brown; Gant; Garnos; Haverly; Kloucek; Maher; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt

     Excused:
Howie

     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 83: FOR AN ACT ENTITLED, An Act to prohibit smoking tobacco or carrying lighted tobacco products in certain places and to require certain persons to inform violators of the prohibition.

     Was read the second time.


     Which motion lost.

     The question being "Shall SB 83 pass as amended?"

     And the roll being called:

     Yeas 17, Nays 18, Excused 0, Absent 0

     Yeas:
Adelstein; Bartling; Dempster; Gant; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Knudson; Merchant; Miles; Nesselhuf; Novstrup (Al); Tieszen; Turbak Berry

     Nays:
Abdallah; Ahlers; Bradford; Brown; Fryslie; Garnos; Gillespie; Gray; Haverly; Howie; Kloucek; Maher; Nelson; Olson (Russell); Peterson; Rhoden; Schmidt; 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 announced his intention to reconsider the vote by which SB 83 lost.

     SB 86: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application of the inventory tax on certain fuels in storage immediately prior to a tax increase.

     Was read the second time.

     The question being "Shall SB 86 pass as amended?"

     And the roll being called:

     Yeas 21, Nays 13, Excused 1, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Tieszen; Turbak Berry


     Nays:
Adelstein; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Haverly; Howie; Novstrup (Al); Rhoden; Schmidt; Vehle

     Excused:
Abdallah

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

     Sen. Hundstad announced his intention to reconsider the vote by which SB 86 lost.

     SB 121: FOR AN ACT ENTITLED, An Act to revise certain provisions related to municipal election procedures.

     Was read the second time.

     The question being "Shall SB 121 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
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

     Excused:
Abdallah

     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.



     The President publicly read the title to

     HB 1029: FOR AN ACT ENTITLED, An Act to  modify the requirements for a filing of a consent to rate for property casualty insurance.

     HB 1032: FOR AN ACT ENTITLED, An Act to  revise the definition of an accredited prevention or treatment facility for the purposes of the prevention and treatment of alcohol and drug abuse.

     HB 1044: FOR AN ACT ENTITLED, An Act to  define a multidistrict, career and technical academy and to provide provisions for the establishment of such an academy.

     HB 1045: FOR AN ACT ENTITLED, An Act to  repeal the provisions for the South Dakota Academic Achievement Test Advisory Council.

     HB 1085: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning magistrate judge jurisdiction.

     And signed the same in the presence of the Senate.

         A LEGISLATIVE COMMEMORATION,  Commending and honoring the 2008 Habitat for Humanity - South Dakota "Habitat Supporters of the Year": Ward Cheney, Black Hills Area Habitat for Humanity - Rapid City; Paul Evenson and Rob Boniface, Brookings Area Habitat for Humanity - Brookings: St. Joseph's Catholic Church, Dacotah Tipis Habitat for Humanity - Ft. Thompson; Paul Johnson, East Central South Dakota Habitat for Humanity - Lake and Moody Counties; Wells Fargo Financial, Habitat for Humanity of Greater Sioux Falls - Sioux Falls; First United Methodist Church, Hub Area Habitat for Humanity - Aberdeen; Nystrom Electrical Contracting, Inc., Oahe Habitat for Humanity - Pierre; State Bank of Eagle Butte, Okiciyapi Tipi Habitat for Humanity - Eagle Butte; Habitat for Humanity - SD, Sicangu Tikaga Okiciyapi Habitat for Humanity - Mission; Prairie Lakes Healthcare System, Habitat for Humanity of Greater Watertown Region - Watertown; Martin Mazourek, Habitat for Humanity of Yankton County - Yankton; and Larson Manufacturing and Larson Family Foundation, Habitat for Humanity - SD.