JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 10, 2010

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

    The prayer was offered by the Chaplain, Pastor John Rhoad, followed by the Pledge of Allegiance led by Senate pages Aisling Gould and Layne Duvall.

    Roll Call: All members present.

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 seventeenth 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 Taxation respectfully reports that it has had under consideration HB 1032 and 1039 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 Taxation respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

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    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 10-35-1.7 be amended to read as follows:

    10-35-1.7. Terms as used in §§ 10-35-1.7 to 10-35-1.10, inclusive, mean:

            (1)    "Coal-fired power plant," any person, corporation, limited liability company, association, company, partnership, political subdivision, municipality, rural electric cooperative, consumers power district, or any group or combination acting as a unit, owning or holding under lease, or otherwise, real property used, or intended for use, for the conversion of coal into electric power;

            (2)    "Environmental upgrade," an investment in an existing coal-fired power plant of more than ten million dollars in real or personal property that is designed to reduce the plant's emission of an air pollutant to the level imposed as an emission standard at a comparable coal-fired power plant permitted under best available control technology requirements within five years preceding the application for exemption facilitate environmental improvements, including any requirements under the Clean Air Act, the Clean Water Act, or any other federal law or rule, or any state law or rule implementing a federal law or rule, or any voluntary environmental measures designed to protect the environment. "

172fta

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "revise the definition for environmental upgrades used to provide a property tax exemption for coal-fired power plants."

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 171 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 98 and 131 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1007 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 Transportation respectfully reports that it has had under consideration the nomination of George Nikolas of Brown County, Aberdeen, South Dakota, to the South Dakota Railroad Authority 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 Transportation respectfully reports that it has had under consideration the nomination of Warren Lotsberg of Beadle County, Huron, South Dakota, to the South Dakota Railroad Authority 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 Transportation respectfully reports that it has had under consideration SB 70 and 87 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 79 and 141 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 109 and 118 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be amended as follows:

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    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That section 2 of chapter 193 of the 2008 Session Laws be repealed.

    Section 2. The provisions of this Act are repealed on June 30, 2013."


96jta

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "provide for the continuation of the waiver of the collaborative agreement requirement for certified nurse midwives providing out-of-hospital birth services."

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 152 and returns the same with the recommendation that said bill be amended as follows:

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    On page 2 of the printed bill, delete lines 7 to 14, inclusive.

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    On page 1, line 2, of the printed bill, delete "and the contact preference of birth parents".

    And that as so amended said bill do pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR 3 and returns the same with the recommendation that said resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 76 and returns the same with the recommendation that said bill be amended as follows:

76jc

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 33-16-4 be amended to read as follows:

    33-16-4. There is a Veterans' Commission, consisting of six seven members to be appointed by the Governor as follows:

            (1)    Four members at large;
            (2)    One member from a list of two persons nominated by the Department of South Dakota American Legion;

            (3)    One member from a list of two persons nominated by the Veterans of Foreign Wars Department South Dakota; and

            (4)    One member from a list of two persons nominated by the Disabled American Veterans Department of South Dakota.

    Members of the commission shall be citizens of the United States and of South Dakota, and shall be veterans who have been discharged from the armed forces honorably or under honorable conditions. Annual

    Notwithstanding subdivisions (1) to (4), inclusive, any member of the commission on July 1, 2010, may complete the term to which the member was appointed. As a vacancy occurs, the Governor shall appoint members from subdivisions (2), (3), and (4) before appointing members at large. The appointments may include former or currently serving commission members. The appointments shall be made for terms of six years. In the event of death or a vacancy on the commission from any cause, a successor shall be appointed to fill out the unexpired term. The commission members shall annually choose a chairman and vice-chairman chair and vice chair from the commission membership. "

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kory Menken of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission 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 State Affairs respectfully reports that it has had under consideration SB 142, 150, 165, and 170 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 39 and 40 were delivered to his Excellency, the Governor, for his approval at 10:10 a.m., February 10, 2010.

Respectfully submitted,
Bob Gray, Chair
MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1002, 1078, 1079, 1080, 1081, 1082, 1096, 1120, 1128, 1130, 1137, 1149, 1151, 1166, 1185, 1189, and 1202 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1006: A CONCURRENT RESOLUTION, Urging the United States Forest Service, the National Park Service, the Bureau of Land Management, and other federal agencies to actively manage mountain pine beetle infestations on lands under their control in South Dakota.

    Was read the first time, the President waived the referral to committee, and placed HCR 1006 on the calendar of Thursday, February 11, the 19th legislative day.

    Sen. Jerstad moved that the Committee on Transportation be instructed to deliver SB 70 to the floor of the Senate, pursuant to Joint Rule 7-7.

    Which motion was supported.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce on SB 97 as found on page 254 of the Senate Journal; also

    Education on SB 124 as found on page 255 of the Senate Journal; also

    Commerce on SB 125 as found on page 254 of the Senate Journal; also

    Education on SB 183 as found on page 256 of the Senate Journal; also


    Agriculture and Natural Resources on HB 1014 as found on page 252 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the days and hours that alcoholic beverages may be sold on a licensed premise and who may sell, serve, or dispense alcoholic beverages on a licensed premise and to revise certain provisions concerning the power of municipalities and counties to regulate the sale and use of alcoholic beverages.

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

    HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding court records inspection and copying.

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

    HB 1079: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the issuance of a new birth certificate in certain adoptions.

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

    HB 1080: FOR AN ACT ENTITLED, An Act to correct the omission of a reference to fifth-offense DUI for habitual offender cases and to remove certain outdated language.

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

    HB 1081: FOR AN ACT ENTITLED, An Act to revise certain court automation surcharges and to declare an emergency.

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

    HB 1082: FOR AN ACT ENTITLED, An Act to permit counties to require criminal background checks for persons seeking employment.

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

    HB 1096: FOR AN ACT ENTITLED, An Act to revise the penalty for an open burning violation in the Black Hills Forest Fire Protection District.

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

    HB 1120: FOR AN ACT ENTITLED, An Act to revise certain provisions and assessments related to the South Dakota Oilseeds Council.

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

    HB 1128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fire protection services provided through township funding.

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

    HB 1130: FOR AN ACT ENTITLED, An Act to include the families of certain members of the armed forces who died in military service as eligible for gold star special license plates.

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

    HB 1137: FOR AN ACT ENTITLED, An Act to permit the secretary of state to cancel a trademark or service mark registration under certain conditions.

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

    HB 1149: FOR AN ACT ENTITLED, An Act to allow certain municipal interfund loans

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

    HB 1151: FOR AN ACT ENTITLED, An Act to authorize funeral establishments to operate branch chapels.

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

    HB 1166: FOR AN ACT ENTITLED, An Act to clarify the locations where the local boards of equalization may meet.

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


    HB 1185: FOR AN ACT ENTITLED, An Act to provide property tax benefits to the surviving spouses of certain disabled veterans.

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

    HB 1189: FOR AN ACT ENTITLED, An Act to prohibit discrimination based on domestic violence in life and health insurance policies.

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

    HB 1202: FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural land as noncropland.

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

SECOND READING OF CONSENT CALENDAR ITEM

    HB 1015: FOR AN ACT ENTITLED, An Act to repeal the imposition of the five dollar surcharge on mentored youth big game hunting licenses.

    Was read the second time.

    The question being “Shall HB 1015 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Abdallah; 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

    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 27: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Human Services to provide for the design, construction, and equipping of a dietary services building addition at the Human Services Center.


    Was read the second time.

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    Sen. Brown moved that SB 27 be further amended as follows:

    On page 2 of the Senate Appropriations Committee engrossed bill, delete lines 19 to 23, inclusive.

    Which motion prevailed.

    The question being “Shall SB 27 pass as amended?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Abdallah; 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

    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 42: FOR AN ACT ENTITLED, An Act to prohibit the employment of certain persons in unregistered family day care homes and to provide a penalty therefor.

    Was read the second time.

    The question being “Shall SB 42 pass as amended?”

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
Abdallah; Adelstein; Ahlers; Bartling; 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

    Nays:
Bradford

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

    The question being on the title.

42ttb

    Sen. Brown moved that the title to SB 42 be amended as follows:

    On page 1, line 1, of the Senate engrossed bill, delete everything after "to" and insert "restrict the licensure and prohibit the employment of certain persons, including persons on the sex offender registry, in certain child welfare agencies or family day care centers."

    On page 1, delete line 2.

    Which motion prevailed.

    SB 90: FOR AN ACT ENTITLED, An Act to provide an exception from one-call notification requirements to natural gas operators in emergency situations.

    Was read the second time.

    The question being “Shall SB 90 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Abdallah; 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

    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 HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1031: FOR AN ACT ENTITLED, An Act to define conference bridging services for sales and use tax purposes.

    Was read the second time.

    The question being “Shall HB 1031 pass?”


    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Abdallah; 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

    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 10 Introduced by: Senators Kloucek, Bradford, Dempster, Heidepriem, Jerstad, Maher, Merchant, Peterson, Schmidt, and Vehle and Representatives Putnam, Bolin, Carson, Conzet, Deadrick, Engels, Hamiel, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Rave, and Rounds

        A LEGISLATIVE COMMEMORATION, Honoring Tate Bruckner of Menno, South Dakota, for his outstanding performance as a high school athlete and his dedication to his community.

    WHEREAS, Tate Bruckner, son of Ken and Denise Bruckner, was an outstanding high school athlete at Menno High School and maintained high academic standards; and

    WHEREAS, Bruckner has been a team leader in both basketball and football and was a member of Menno High School's basketball team that competed in the South Dakota State B Boys Basketball Tournament in 2009, which was Menno's first appearance at the state tournament since 1956; and

    WHEREAS, Tate Bruckner was awarded the "Spirit of Su" award at the 2009 South Dakota State B Boys Basketball Tournament for his determination and performance as an athlete, student, and community member:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Tate Bruckner is congratulated for his performance on the basketball court and in the community.

    SC 11 Introduced by: Senators Kloucek, Bradford, Dempster, Heidepriem, Jerstad, Maher, Merchant, Peterson, Schmidt, and Vehle and Representatives Putnam, Bolin, Carson, Conzet, Deadrick, Engels, Hamiel, Iron Cloud III, Killer, Kirschman, Lange, Lucas, Nygaard, Rave, and Rounds

        A LEGISLATIVE COMMEMORATION, Honoring David Maxwell of Parkston, South Dakota, for his determination and outstanding performance as a high school athlete and his dedication to his community.

    WHEREAS, David Maxwell, son of Barbara and the late Bruce Maxwell, overcoming adversity through the loss of his father during his junior year, was an outstanding high school athlete at Parkston High School and maintained high academic standards; and

    WHEREAS, David Maxwell was a member of the Parkston High School Basketball Team that competed in the 2009 South Dakota State A Boys Basketball Tournament; and

    WHEREAS, David Maxwell was awarded the "Spirit of Su" award at the 2009 South Dakota State A Boys Basketball Tournament for his determination and performance as an athlete, student, and community member:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that David Maxwell is congratulated for his outstanding determination on the basketball court and in the community.

    SC 12 Introduced by: Senators Turbak Berry, Abdallah, Ahlers, Bartling, Dempster, Gant, Gray, Hanson (Gary), Haverly, Heidepriem, Hundstad, Jerstad, Maher, and Peterson and Representatives Krebs, Deadrick, Faehn, and Rounds

        A LEGISLATIVE COMMEMORATION, Honoring Murphy Dods of Sioux Falls, South Dakota Girls State Governor and Daniel Miller of Watertown, South Dakota Boys State Governor; and commending the South Dakota American Legion and Auxiliary for their sponsorship of the Girls State and Boys State programs.

    WHEREAS, Murphy Dods of Sioux Falls and Daniel Miller of Watertown have been selected and are serving in the offices of Girls State and Boys State Governors for 2009-2010 and are outstanding young South Dakota leaders; and

    WHEREAS, the goals of Boys State and Girls State are to help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship; and to give better knowledge of the fundamental principles of government within the state of South Dakota through unique learn-by-doing workshops; and

    WHEREAS, the South Dakota American Legion and Auxiliary have worked diligently for more than the last sixty years in conducting these fine programs:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-fifth Legislature of the State of South Dakota, that Murphy Dods and Daniel Miller be congratulated for their outstanding achievement; that appreciation be extended to those adults who donate time and energy to these programs; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Girls and Boys State programs.
    Sen. Hundstad moved that the Senate do now adjourn, which motion prevailed and at 2:43 p.m. the Senate adjourned.

Trudy Evenstad, Secretary