JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION




FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 19, 2010

    The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Father Kevin Doyle, followed by the Pledge of Allegiance led by Senate page Hilary Roth.

    Roll Call: All members present except Sen. Gillespie who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourth 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.
HONORED GUESTS

    Sen. Kloucek introduced the 2009 Czech Days Royalty: Queen Jennifer Pechous, Princess Kimberly Stibral, and Prince Alex Caba to the body.

COMMUNICATIONS AND PETITIONS

May 15, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Dr. Charles V. Shank, Kailua, Hawaii, to the South Dakota Science and Technology Authority.

    This appointment is effective May 14, 2009, and shall continue until April 9, 2014.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Glen Kane, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.


    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial two-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mark Roby, Codington County, Watertown, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial one-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Gary Grittner,

Stanley County, Ft. Pierre, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial two-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Bruce Rampelberg, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial three-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:


    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Mark Johnston, Lincoln County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial three-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Stanley Porch, Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial one-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

July 17, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501


Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jeffory A. Erickson, Lincoln County, Sioux Falls, South Dakota, to the South Dakota Ellsworth Development Authority.

    This appointment is effective July 17, 2009, and shall continue until filling the position of an initial three-year term.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

August 11, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Thomas Adam, Hughes County, Pierre, South Dakota, to the South Dakota Science and Technology Authority.

    This reappointment is effective immediately, and shall continue until August 8, 2015.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

August 11, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501


Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Casey Peterson, Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

    This reappointment is effective immediately, and shall continue until August 8, 2015.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

December 14, 2009

The Honorable Dennis Daugaard
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-16H of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Ani Aprahamian, Notre Dame, Indiana, to the South Dakota Science and Technology Authority.

    This appointment is effective December 10, 2009, and shall continue until December 9, 2015.

Sincerely,
M. Michael Rounds
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill do pass.



Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of David R. Nelson of Minnehaha County, Sioux Falls, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Teresa Marts of Tripp County, Winner, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Gene G. Abdallah, Chair

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 56 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 57 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 10, of the printed bill, delete everything after "complaint" .

    On page 1, delete line 11.

    On page 1, line 12, delete everything before "." .

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce respectfully reports that it has had under consideration SB 60 and returns the same with the recommendation that said bill be amended as follows:


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    On page 5 of the printed bill, delete lines 8 to 18, inclusive.

    And that as so amended said bill do pass.

Respectfully submitted,
Russell Olson, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 23 and 25 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 22 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 10, of the printed bill, after "teacher" insert "in years one through three not less than".

    On page 1, line 10, after "annually" insert ", and each certified teacher in the fourth contract year or beyond, not less than every other year".

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    On page 2, line 6, of the printed bill, delete "and".

    On page 2, line 7, after "Dakota" insert "; and

            (8)    One representative of the Associated School Boards of South Dakota".

    And that as so amended said bill do pass.


Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Glenna Fouberg of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Marilyn Hoyt of Beadle County, Huron, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Dean Krogman of Brookings County, Brookings, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Carole Pagones of Minnehaha County, Sioux Falls, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Randy Schaefer of Lake County, Madison, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Cooper Garnos, Chair


MOTIONS AND RESOLUTIONS

    HCR 1001: A CONCURRENT RESOLUTION, Urging Congress to pass a balanced, well-funded, multi-year federal highway program which provides connectivity and mobility to both rural and urban areas.

    Was read the second time.

    Sen. Ahlers moved that the Senate do concur in HCR 1001 as found on page 14 of the House Journal.

    The question being on Sen. Ahlers' motion that the Senate do concur in HCR 1001.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Gillespie; Kloucek

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1001 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Local Government on SB 13 as found on page 66 of the Senate Journal; also

    Health and Human Services on SB 40 as found on page 66 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 64 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to authorize the construction and establish the state cost share for the Southern Black Hills Water System, and to declare an emergency.

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

    SB 65 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise the time frame for the design of a new motor license plate series and the issuance of a new motor license plate design series and to transfer funds from the license plate special revenue fund to the prison industries revolving fund.

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

    SB 66 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to make an appropriation to fund property tax and sales tax refunds for certain elderly persons and persons with a disability.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 39: FOR AN ACT ENTITLED, An Act to provide for the continuation of the minimum monthly fee charged for care at the Human Services Center.

    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


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

    Excused:
Gillespie; Kloucek

    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

    SB 51: FOR AN ACT ENTITLED, An Act to permit the filing of certain documents with the secretary of state by electronic means and to provide penalties for false filings.

    Was read the second time.

    Sen. Knudson moved that SB 51 be deferred to Wednesday, January 20, the 6th legislative day.

    Which motion prevailed.

COMMEMORATION

    SC 3 Introduced by: Senators Kloucek, Abdallah, Ahlers, Garnos, Hanson (Gary), Haverly, Heidepriem, Hunhoff (Jean), Miles, Peterson, Rhoden, Tieszen, and Vehle and Representatives Putnam, Cutler, Elliott, Hamiel, Hunhoff (Bernie), Hunt, Iron Cloud III, Killer, Lederman, Lucas, Olson (Betty), Sorenson, Street, Thompson, Tidemann, Turbiville, Van Gerpen, and Verchio

        A LEGISLATIVE COMMEMORATION, Commending and honoring the Tyndall Accordion Club for their dedication to playing and sharing accordion music for over two decades.

    WHEREAS, members of the Tyndall Accordion Club, including George and Delores Broz, Marilyn and Dale Sukup, Fred and Peggy Melmer, Ross Sukup, Janice and Merlin Bolling, Leroy and Katrina Hollmann, Veryl Hohn, Marlys Nelson, Alex, Max, and Heidi Hollmann, Rocky and Virgina Latorra, Krystyanna Latorra, Charles and Alma Logdahl, Gary and Linda Gibson, Cleadues and Marjorie Hovorka, Harvey and Betty Wormsbecher, Stan and Sandee Swatek, Charles and Linda Dawes, Richard and Kathy Eisenhauer, Virgil Podany, Leo and Sylvia Marshall, Jan Grosz, Betty Cramer, Bill Magera, Fred and Thelma Koupal, have shown exemplary dedication to accordion music; and

    WHEREAS, the current members, along with previous members Al Fechner, Allen Balvin, Alvin Hovorka, Alvin Winckler, Anna Bohnet, Arnold Wittenhagen, Basil Ranek, Charlie and Mary Slaba, Clarence Schelske, Don and Ruby Kriz, Donna and Roy Rogers, Dorance and Ella Fuks, Doug Bormann, Eleanor Mikolash, George and Doris Novak, Harvin Rueb, Herman and Milred Hovorka, Jim Cwach, Jim Hayward, John and Bea Wentworth, John and Ilene Peterson, Mardene and Delane Dalton, Mel Winckler, Ray and Darlene Bueber, Rita and Terry Pavlik, Robert and Judy Rueb, Rodger and Carol Rueb, Ron and Mary Kulish, Terry and Tina Rueb, Virgil and Marilyn Podany, and Willie Fanta, have strongly supported accordion music for nearly three decades; and

    WHEREAS, the Tyndall Accordion Club has regularly preformed at events such as Tabor Czech Days; Tabor Hot Dog Night; Wilber, Nebraska Czech Days; Menno Power Show; Yankton Riverboat Days; Mitchell Corn Palace Days; Verdigre, Nebraska Kolache Days; and Tyndall Hot Dog Night; as well as the Big Joe Polka Show on national television; and

    WHEREAS,  all members, past and present, have volunteered their time and unique talents for the betterment of the Tyndall Accordion Club and enrichment of accordion music:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that the Tyndall Accordion Club members be commended and honored for their ongoing dedication to accordion music.

    Sen. Bradford moved that the Senate do now adjourn, which motion prevailed and at 2:30 p.m. the Senate adjourned.

Trudy Evenstad, Secretary