2011 Session - Senate Journals

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the sixth 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

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 12, 13, and 20 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 24, 27, and 47 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 23, 25, and 26 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 49 and returns the same with the recommendation that said bill be amended as follows:

49oa

On page 1, line 12, of the printed bill, delete "for injunction" and insert "where an injunction is granted".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

21ja

On page 1, line 8, of the printed bill, after "~~hardware~~" insert "without the use of a key or special knowledge or effort".

On page 2, line 9, after "~~hardware~~" insert "without the use of a key or special knowledge or effort".

On page 3, line 1, after "~~hardware,~~" insert "without the use of a key or special knowledge or effort".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Nelson, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1004 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 21, the 8^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Olson moved that the reports of the Standing Committees on

State Affairs on SB 2 as found on page 140 of the Senate Journal; also

Health and Human Services on SB 14 as found on page 141 of the Senate Journal; also

Taxation on SB 40 as found on page 141 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 57 Introduced by: Senators Maher, Frerichs, and Peters and Representatives Greenfield, Brunner, and Kirkeby

FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers.

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

SB 58 Introduced by: Senators Maher, Bradford, and Olson (Russell) and Representatives Juhnke, Iron Cloud III, Killer, Stricherz, and Wink

FOR AN ACT ENTITLED, An Act to provide tuition benefits to certain National Guard members attending tribal colleges.

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

SB 59 Introduced by: Senators Lederman, Buhl, Holien, Krebs, and Sutton and Representatives Miller, Abdallah, Bolin, Boomgarden, Haggar, Hansen (Jon), Jensen, Kirkeby, Nelson (Stace), and Olson (Betty)

FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that counties are not responsible for constructing, repairing, and maintaining roads contained in improvement districts.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1004: FOR AN ACT ENTITLED, An Act to codify the legislation enacted in 2010.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Olson requested that SB 48 be removed from the Consent Calendar.

SB 17: FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for certain property leased by the Science and Technology Authority.

Was read the second time.

The question being "Shall SB 17 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Adelstein; Cutler

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 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding what organizations qualify for an exemption from sales tax as a relief agency or a religious educational institution.

Was read the second time.

The question being "Shall SB 39 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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 45: FOR AN ACT ENTITLED, An Act to repeal the requirement to prepare a report on extending health insurance to medically uninsurable individuals who are not part of a small employer group.

Was read the second time.

The question being "Shall SB 45 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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 46: FOR AN ACT ENTITLED, An Act to provide that the state treasurer shall receive certain cost penalties in certain alcoholic beverage cases.

Was read the second time.

The question being "Shall SB 46 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 8, 36, and 38 be deferred to Friday, January 21, the 8^th legislative day.

Which motion prevailed.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the expungement of arrest records.

Was read the second time.

The question being "Shall SB 31 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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 32: FOR AN ACT ENTITLED, An Act to revise the time period to update certain sex offender registration information and to require the collection of passport and professional license information for such registration purposes.

Was read the second time.

The question being "Shall SB 32 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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 15: FOR AN ACT ENTITLED, An Act to revise the definition of accredited prevention or treatment facilities and to authorize the Division of Drug and Alcohol Abuse to inspect these facilities and access their records.

Was read the second time.

The question being "Shall SB 15 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating from social work programs that are in candidacy status.

Was read the second time.

The question being "Shall SB 16 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Adelstein; Cutler

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.

COMMEMORATIONS

SC 2 Introduced by: Senators Frerichs, Adelstein, Begalka, Bradford, Brown, Buhl, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Rausch, Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring United States Representative Gabrielle Giffords, United States District Court Judge John Roll, and all those who lost their lives and demonstrated courage in light of the tragedy that occurred in Tucson, Arizona on Saturday, January 8, 2011.

WHEREAS, on Saturday, January 8, 2011, a gunman opened fire on a constituent outreach event sponsored and attended by Representative Giffords, District Judge Roll, and a number of constituents; and

WHEREAS, Judge Roll, Christina Taylor Green, Dorothy Morris, Phyllis Schneck, Dorwin Stoddard, and Gabriel Zimmerman lost their lives in the shooting, and Representative Giffords and thirteen others suffered severe injuries; and

WHEREAS, numerous individuals on-scene demonstrated exemplary bravery in the face of great danger in bringing to an end the tragedy by disarming the gunman including Bill

Badger, a former Pierre resident, who helped tackle the gunman, as well as those who provided aid to those injured:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Representative Giffords, Judge Roll, and all those who were killed or injured as well as the heroes that brought a halt to the tragedy and provided aid to those injured be honored for their courage and their services to the United States.

Sen. Rhoden moved that the Senate do now adjourn, which motion prevailed and at 2:36 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 30 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of six former members of the South Dakota Legislature, namely: the Honorable Violet Biever; the Honorable Thomas J. Green; the Honorable Curtis Jones; the Honorable Hemming O. Oien; the Honorable William "Bill" Taylor; and the Honorable Gene E. Warkenthien; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-sixth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Eighty-sixth Session of the Legislature of the State of South Dakota, now assembled this 20th day of January, 2011, at Pierre, South Dakota.