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Senate Journal 3/6/2009 10:30 AM

JOURNAL OF THE SENATE

EIGHTY-FOURTH SESSION




THIRTY-FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 6, 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 thirty-third 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.
COMMUNICATIONS AND PETITIONS
     BE IT FURTHER RESOLVED,  that Legislature finds that technology fees assessed against agricultural producers in conjunction with the use of genetically modified (GM) and genetically engineered (GE) seed in South Dakota have at times been exorbitantly high. The Legislature strongly urges the industry to reduce technology fees for the well-being of South Dakota's agricultural producers and institutions and for the benefit of South Dakota's agricultural economy.

     Was read the first time, the President waived the referral to committee, and placed SCR 9 on the calendar of Monday, March 9, the 35th legislative day.

     Sen. Gant moved that the Senate do concur in House amendments to SB 8.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 8.

     And the roll being called:

     Yeas 26, Nays 0, Excused 9, Absent 0

     Yeas:
Abdallah; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

     So the motion having received an affirmative vote of a two-thirds majority of the members- elect, the President declared the motion carried and the amendments were concurred in.

     Sen. Garnos moved that the Senate do concur in House amendments to SB 38.

     The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 38.

     And the roll being called:

     Yeas 24, Nays 1, Excused 10, Absent 0


     Yeas:
Abdallah; Bradford; Dempster; Fryslie; Gant; Garnos; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Peterson

     Excused:
Adelstein; Ahlers; Bartling; Brown; Gillespie; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

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

     Sen. Olson (Russell) moved that the Senate do concur in House amendments to SB 64.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 64.

     And the roll being called:

     Yeas 25, Nays 1, Excused 9, Absent 0

     Yeas:
Abdallah; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Nays:
Bradford

     Excused:
Adelstein; Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

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

     Sen. Olson (Russell) moved that the Senate do concur in House amendments to SB 91.

     The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 91.

     And the roll being called:

     Yeas 26, Nays 0, Excused 9, Absent 0



     Yeas:
Abdallah; Bradford; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

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

     Sen. Gant moved that the Senate do concur in House amendments to SB 154.

     The question being on Sen. Gant's motion that the Senate do concur in House amendments to SB 154.

     And the roll being called:

     Yeas 24, Nays 2, Excused 9, Absent 0

     Yeas:
Abdallah; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry

     Nays:
Bradford; Vehle

     Excused:
Adelstein; Ahlers; Bartling; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

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


     HCR 1014: A CONCURRENT RESOLUTION, Urging awareness and support for reading programs in our homes and communities.

    Was read the second time.

     Sen. Tieszen moved that the Senate do concur in HCR 1014 as found on page 606 of the House Journal.

     The question being on Sen. Tieszen's motion that the Senate do concur in HCR 1014.

     And the roll being called:


     Yeas 29, Nays 0, Excused 6, Absent 0

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

     Excused:
Adelstein; Brown; Haverly; Hundstad; Jerstad; Novstrup (Al)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.

     HCR 1015: A CONCURRENT RESOLUTION, Stating South Dakota's policy on animal identification programs.

    Was read the second time.

     Sen. Rhoden moved that the Senate do concur in HCR 1015 as found on page 607 of the House Journal.

     The question being on Sen. Rhoden's motion that the Senate do concur in HCR 1015.

     And the roll being called:

     Yeas 24, Nays 0, Excused 11, Absent 0

     Yeas:
Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1015 was concurred in.

     HCR 1016: A CONCURRENT RESOLUTION, Urging the United States Fish and Wildlife Service and the Western Area Power Administration to avoid overly restrictive wildlife criteria and overly burdensome procedural requirements that create unnecessary delays in the siting of wind energy development projects.

    Was read the second time.



     Sen. Heidepriem moved that the Senate do concur in HCR 1016 as found on page 608 of the House Journal.

     The question being on Sen. Heidepriem's motion that the Senate do concur in HCR 1016.

     And the roll being called:

     Yeas 23, Nays 2, Excused 10, Absent 0

     Yeas:
Abdallah; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Tieszen; Turbak Berry; Vehle

     Nays:
Hansen (Tom); Schmidt

     Excused:
Adelstein; Ahlers; Bartling; Bradford; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

     So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1016 was concurred in.


     HB 1212: FOR AN ACT ENTITLED, An Act to revise certain requirements of written contract documents for public improvements.

     Was read the second time.



     The question being "Shall HB 1212 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 0, Excused 10, Absent 0

     Yeas:
Abdallah; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Bartling; Bradford; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

     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 1275: FOR AN ACT ENTITLED, An Act to authorize electronic bingo devices.

     Was read the second time.

     The question being "Shall HB 1275 pass as amended?"

     And the roll being called:

     Yeas 25, Nays 0, Excused 10, Absent 0

     Yeas:
Abdallah; Dempster; Fryslie; Gant; Garnos; Gillespie; Gray; Hansen (Tom); Hanson (Gary); Heidepriem; Howie; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

     Excused:
Adelstein; Ahlers; Bartling; Bradford; Brown; Haverly; Hundstad; Hunhoff (Jean); Jerstad; Novstrup (Al)

     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.

     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that William and Sharon Ratzlaff of Freeman, South Dakota, be commended on their outstanding efforts in providing generous, compassionate, and selfless foster and adopted child care service for the past forty-three years.

     SC 22  Introduced by:  Senators Vehle, Abdallah, Adelstein, Ahlers, Bartling, Bradford, Brown, Fryslie, Gant, Garnos, Gray, Hansen (Tom), Hanson (Gary), Heidepriem, Hundstad, Hunhoff (Jean), Jerstad, Kloucek, Maher, Merchant, Miles, Nelson, Nesselhuf, Novstrup (Al), Olson (Russell), Peterson, and Schmidt and Representatives Juhnke, Bolin, Burg, Carson, Cronin, Curd, Deadrick, Dennert, Dreyer, Feinstein, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Kirkeby, Kirschman, Kopp, Lange, Lederman, Lucas, Moser, Novstrup (David), Nygaard, Olson (Betty), Putnam, Rave, Romkema, Russell, Schlekeway, Schrempp, Sly, Solum, Street, Thompson, Van Gerpen, Vanneman, Verchio, and Wink


     NOW, THEREFORE, BE IT COMMEMORATED,  by the Eighty-fourth Legislature of the State of South Dakota, that Steve Morgan is to be congratulated and commended for his outstanding performance and dedication to sportscasting.

     SC 23  Introduced by:  Senators Hansen (Tom), Adelstein, Ahlers, Bradford, Dempster, Fryslie, Gant, Garnos, Hanson (Gary), Howie, Kloucek, Knudson, Maher, Merchant, Miles, Olson (Russell), Peterson, Rhoden, Schmidt, and Vehle and Representatives Dennert, Blake, Bolin, Brunner, Burg, Carson, Deadrick, Fargen, Feickert, Feinstein, Frerichs, Gibson, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Juhnke, Killer, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, McLaughlin, Novstrup (David), Nygaard, Olson (Betty), Peters, Pitts, Putnam, Rausch, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Street, Thompson, Tidemann, Van Gerpen, Vanderlinde, Vanneman, Verchio, and Wismer


     The President publicly read the title to

     HB 1050: FOR AN ACT ENTITLED, An Act to  revise the annual financial reporting requirements of insurance companies.

     HB 1067: FOR AN ACT ENTITLED, An Act to  allow the voters of a school district to discontinue school board representation areas.

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

     HB 1101: FOR AN ACT ENTITLED, An Act to  allow affidavits for change of judge in habeas corpus actions.

     HB 1149: FOR AN ACT ENTITLED, An Act to  allow a person or entity to offer postsecondary education credit in South Dakota while seeking accreditation from a recognized accrediting agency.

     HB 1166: FOR AN ACT ENTITLED, An Act to  provide for DNA testing for certain inmates for the purposes of determining whether they may have been wrongfully convicted.

     HB 1167: FOR AN ACT ENTITLED, An Act to  revise the statute of frauds with respect to the sale of grain, grain sorghums, beans, and oilseeds.

     HB 1255: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the telecommunications gross receipts tax.

     HB 1265: FOR AN ACT ENTITLED, An Act to  allow sellers to receive attorney fees in actions involving the disclosure statement required for certain real estate transfers.

     HB 1268: FOR AN ACT ENTITLED, An Act to  revise certain provisions concerning the maximum number of alcoholic beverage retail licenses that may be held by any person, corporation, or business.

     And signed the same in the presence of the Senate.



     Sen. Knudson moved that the Senate do now adjourn, which motion prevailed and at 11:15 a.m. the Senate adjourned.

Trudy Evenstad, Secretary