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Senate Journal 2/12/2009 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




TWENTY-FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 12, 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 twentieth 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

     Sen. Knudson moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, February 13, the 22nd legislative day.

     Which motion prevailed.

     HCR 1006: A CONCURRENT RESOLUTION, Encouraging all South Dakota schools to place a sufficient number of Automated External Defibrillators (AEDs) in their facilities, at their athletic fields, and with their athletic staff, and to adopt a medical emergency response plan that includes AED use.

     Was read the first time, the President waived the referral to committee, and placed HCR 1006 on the calendar of Friday, February 13, the 22nd legislative day.

     SCR 3: A CONCURRENT RESOLUTION, Supporting a study of the potential creation of a Department of Veterans Affairs as a cabinet-level department.

    Was read the second time.

     Sen. Heidepriem moved that SCR 3 as found on page 319 of the Senate Journal be adopted.

     The question being on Sen. Heidepriem's motion that SCR 3 be adopted.

     And the roll being called:


     Yeas 21, Nays 13, Excused 1, Absent 0

     Yeas:
Abdallah; Ahlers; Bartling; Bradford; Brown; Gant; Gillespie; Hansen (Tom); Hanson (Gary); Heidepriem; Hundstad; Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nesselhuf; Olson (Russell); Peterson; Turbak Berry

     Nays:
Dempster; Fryslie; Garnos; Gray; Haverly; Howie; Hunhoff (Jean); Nelson; Novstrup (Al); Rhoden; Schmidt; Tieszen; Vehle

     Excused:
Adelstein

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.


     HB 1080: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to internet and mail order sales of cigarettes and tobacco products.

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

     HB 1093: FOR AN ACT ENTITLED, An Act to revise the boundaries of the James River Water Development District.

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


     HB 1123: FOR AN ACT ENTITLED, An Act to remove certain sanctions related to public assistance for certain felony drug offenders.

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

     HB 1150: FOR AN ACT ENTITLED, An Act to revise certain requirements for any person to sell motorcycles at an event and to provide a penalty for violation thereof.

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

     HB 1155: FOR AN ACT ENTITLED, An Act to require that the testing of blood samples of suspects of sexual assault be initiated within a specified time.

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

     HB 1158: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to private placement policies.

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

     HB 1214: FOR AN ACT ENTITLED, An Act to remove certain speed restrictions for certain vehicles hauling agricultural products or livestock.

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

     HB 1215: FOR AN ACT ENTITLED, An Act to transfer funds from the tax relief fund to the general fund and to revise certain provisions concerning the effective date of the collection allowance.

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

     HB 1231: FOR AN ACT ENTITLED, An Act to increase the exemption on the proceeds of the sale of certain homesteads.

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

     HB 1233: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the campaign finance reporting of the expenditures of certain organizations.

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



     HB 1282: FOR AN ACT ENTITLED, An Act to allow counties to assign the responsibility for the redemption of bonded indebtedness of a former school district to a new school district after a reorganization.

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

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


     Sen. Kloucek requested that SB 187 be removed from the Consent Calendar.

     Sen. Gant requested that HB 1010 be removed from the Consent Calendar.

     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 second time.

     The question being "Shall HB 1041 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 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 second time.

     The question being "Shall HB 1042 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 requested a roll call vote.

     Which request was supported.

    The question being on Sen. Heidepriem's motion that SB 47 be amended.

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent 0


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

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

     Excused:
Adelstein

     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 47 pass?"

     And the roll being called:

     Yeas 32, Nays 2, Excused 1, Absent 0

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

     Nays:
Hanson (Gary); Heidepriem

     Excused:
Adelstein

     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 48: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

     Was read the second time.

     The question being "Shall SB 48 pass?"

     And the roll being called:

     Yeas 33, Nays 1, Excused 1, Absent 0



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

     Nays:
Heidepriem

     Excused:
Adelstein

     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 52: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission.

     Was read the second time.

     The question being "Shall SB 52 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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. Knudson moved that SB 77 be deferred to Tuesday, February 17, the 23rd legislative day.

     Which motion prevailed.


     SB 91: FOR AN ACT ENTITLED, An Act to allow any school district, for a period of five years, to expend capital outlay funds for certain transportation costs, for the purchase of property and casualty insurance, and for energy costs, and the cost of utilities.

     Was read the second time.

     The question being "Shall SB 91 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 9, Excused 1, Absent 0

     Yeas:
Ahlers; Bartling; Bradford; Brown; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Hundstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Tieszen

     Nays:
Abdallah; Haverly; Hunhoff (Jean); Jerstad; Novstrup (Al); Rhoden; Schmidt; Turbak Berry; Vehle

     Excused:
Adelstein

     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 the Senate do now recess until 3:45 p.m., which motion prevailed and at 3:10 p.m., the Senate recessed.


     The Senate reconvened at 4:00 p.m., the President presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS
(continued)

     SB 110: FOR AN ACT ENTITLED, An Act to repeal the limited campaign finance disclosure statement which could be used by certain candidates or candidate campaign committees for legislative office.

     Was read the second time.

     The question being "Shall SB 110 pass?"


     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

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

     Was read the second time.

     The question being "Shall SB 156 pass as amended?"

     And the roll being called:

     Yeas 13, Nays 21, Excused 1, Absent 0

     Yeas:
Ahlers; Bradford; Dempster; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Jerstad; Knudson; Merchant; Nesselhuf; Turbak Berry; Vehle

     Nays:
Abdallah; Bartling; Brown; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Haverly; Howie; Hunhoff (Jean); Kloucek; Maher; Miles; Nelson; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen

     Excused:
Adelstein

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

     SB 174: FOR AN ACT ENTITLED, An Act to require a school district to which a former contracting school district is annexed to assign certain resident students to a school district in a bordering state, and to temporarily exempt certain school districts from the requirement to reorganize due to low enrollment.



     Was read the second time.

     The question being "Shall SB 174 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 185: FOR AN ACT ENTITLED, An Act to revise the graduation requirements for students entering ninth grade in 2010 and thereafter by eliminating the option of the basic high school program.

     Was read the second time.

     The question being "Shall SB 185 pass as amended?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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.


     SJR 2: 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 second time.

     The question being "Shall SJR 2 pass?"

     And the roll being called:

     Yeas 14, Nays 20, Excused 1, Absent 0

     Yeas:
Brown; Fryslie; Gant; Gray; Hanson (Gary); Haverly; Howie; Kloucek; Knudson; Maher; Nelson; Rhoden; Schmidt; Vehle

     Nays:
Abdallah; Ahlers; Bartling; Bradford; Dempster; Garnos; Gillespie; Hansen (Tom); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Merchant; Miles; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Tieszen; Turbak Berry

     Excused:
Adelstein

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


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

     Was read the second time.

     The question being "Shall HB 1004 pass as amended?"

     And the roll being called:

     Yeas 29, Nays 5, Excused 1, Absent 0

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


     Nays:
Abdallah; Ahlers; Hundstad; Jerstad; Turbak Berry

     Excused:
Adelstein

     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 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 second time.

     The question being "Shall HB 1011 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0

     Yeas:
Abdallah; 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:
Adelstein

     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 1084: FOR AN ACT ENTITLED, An Act to permit the appointment of a special advocate to represent the best interests of an apparent or alleged abused or neglected child.

     Was read the second time.

     The question being "Shall HB 1084 pass?"

     And the roll being called:

     Yeas 34, Nays 0, Excused 1, Absent 0


     Yeas:
Abdallah; 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:
Adelstein

     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 1092: FOR AN ACT ENTITLED, An Act to regulate the practice of genetic counseling and to prohibit the practice of genetic counseling without a license.

     Was read the second time.

     The question being "Shall HB 1092 pass?"

     And the roll being called:

     Yeas 33, Nays 0, Excused 2, Absent 0

     Yeas:
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; Adelstein

     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.


     The President publicly read the title to

     HB 1023: FOR AN ACT ENTITLED, An Act to  authorize the secretary of transportation to create limited speed zones through highway work areas under certain conditions.

     HB 1034: FOR AN ACT ENTITLED, An Act to  revise certain provisions relating to earnings subject to garnishment.

     HB 1047: FOR AN ACT ENTITLED, An Act to  increase the membership of the board of directors of the Economic Development Finance Authority.

     HB 1088: FOR AN ACT ENTITLED, An Act to  provide for the continuance of certain ex parte temporary protection orders.

     And signed the same in the presence of the Senate.

     Sen. Ahlers moved that the Senate do now adjourn, which motion prevailed and at 5:15 p.m. the Senate adjourned.