JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION



TWENTY-FOURTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 19, 2010

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Pastor Howard Grinager, followed by the Pledge of Allegiance led by Senate page Samantha Olsen.

    Roll Call: All members present except Sen. Tom Hansen 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 twenty-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.
    There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 3 Introduced by: Senators 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

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-fifth Legislature of the State of South Dakota to Bradley Cihak, Layne Duvall, Aisling Gould, Laci Hale, Cheyann Kessler, Cory Kleinsasser, Tiffany Newman, Reagan Nielsen, Abigail Olfert, Samantha Olsen, Daniel Vellek, Leah Wienbar

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-fifth Legislative Session; and

    WHEREAS, the members of the Eighty-fifth Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fifth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Sen. Dempster moved that Senate Page Resolution 3 be adopted.

    The question being on Sen. Dempster's motion that Senate Page Resolution 3 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Hansen (Tom); Turbak Berry

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 106 and 177 and HB 1010 and 1044 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 120 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 115 and HB 1043 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1028 and 1029 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 Health and Human Services respectfully reports that it has had under consideration SB 160 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1100 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 80 and HB 1082 and 1090 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 Transportation respectfully reports that it has had under consideration HB 1042 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1035 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 SB 147 and returns the same with the recommendation that said bill be amended as follows:

147fa

    On page 1, line 7, of the printed bill, delete "highway user fees" and insert "revenue sources".
    On page 1, line 8, delete "highway user fees" and insert "revenue sources".

    On page 1, line 10, delete "adjust such highway user" and insert "make appropriate adjustments."

    On page 1, delete line 11.

147fc

    On page 1, line 9, of the printed bill, delete "shall" and insert "may".

147fta

    On page 1, line 2, of the printed bill, delete "adjust the highway user fees" and insert "make appropriate adjustments".

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 102 and returns the same with the recommendation that said bill be amended as follows:

102ra

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

    "Section 1. The lease agreement entered into effective October 1, 1999, by the State of South Dakota by and through the South Dakota Department of Game, Fish and Parks and the Black Hills Playhouse, Inc., is hereby ratified and continued and shall remain in full force and effect until September 30, 2019."

102rta

    On page 1, line 1, of the printed bill, delete everything after "to" and insert "ratify and continue the lease agreement on the Black Hills Playhouse."

    On page 1, delete line 2.

    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 SB 186 and returns the same with the recommendation that said bill be amended as follows:

186oa

    On page 4, line 14, of the printed bill, delete "0.50%" and insert "-0.50%".

    On page 4, line 15, delete "-0.5.00%" and insert "-0.50%".

    On page 4, line 15, delete "0.25%" and insert "-0.25%".

    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 SB 91 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Thomas A. Dempster, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1055, 1105, 1110, 1132, 1188, 1252, 1264, and 1265 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 2 Introduced by: Senators Hunhoff (Jean), Abdallah, Fryslie, Gant, Hanson (Gary), and Miles and Representatives Pitts, Blake, Bolin, Faehn, Greenfield, McLaughlin, Novstrup (David), Rausch, Rave, Rounds, Vanneman, and Verchio

        A CONCURRENT RESOLUTION, Strongly supporting influenza vaccination for health care workers who have direct patient contact.
    WHEREAS, along with the public health benefits of appropriate immunization comes an individual and community responsibility to ensure maximum disease prevention, especially among the most vulnerable members of society; and

    WHEREAS, achieving and sustaining high vaccination coverage among health care workers will protect staff and their patients, and reduce disease burden and related health care costs; and

    WHEREAS, a study conducted by the University of Virginia Health System showed that when health care workers' vaccination rates increased from four percent in 1987-1988 to sixty-seven percent in 1999-2000, the proportion of hospital-acquired (nosocomial) influenza cases declined significantly among employees (forty-two percent to nine percent) and patients (thirty-two percent to three percent); and

    WHEREAS, influenza transmission and outbreaks in hospitals and nursing homes associated with low vaccination rates among health care workers are well-documented; health care workers can acquire influenza from patients or transmit influenza to patients and other staff; and

    WHEREAS, influenza vaccination coverage among health care workers remains low despite the documented benefits of health care worker vaccination on patient outcomes, reducing influenza infection among staff and reducing health care worker absenteeism; and

    WHEREAS, a November 2008 study by RAND found that the influenza vaccine uptake level for health care workers and caregivers was approximately forty-two percent, consistent with the Centers for Disease Control and Prevention estimates of health care workers vaccination; and

    WHEREAS, cost-effectiveness studies of adults aged sixty-five and younger indicate that influenza vaccination can reduce both direct medical costs and indirect costs from work absenteeism: thirteen percent to forty-four percent fewer health care provider visits; eighteen percent to forty-five percent fewer lost workdays; eighteen percent to twenty-eight percent fewer days working with reduced effectiveness; and a twenty-five percent decrease in antibiotic use for influenza-like illness; and

    WHEREAS, among healthy persons aged eighteen to sixty-four years, vaccination can save an estimated sixty dollars to four thousand dollars per illness, depending on the costs of vaccination, the influenza attack rate, and vaccine effectiveness against influenza-like illness; and

    WHEREAS, in another economic analysis, vaccination resulted in an average annual cost savings of thirteen dollars and sixty-six cents per person vaccinated; and

    WHEREAS, the American Association of Physician Assistants, American College of Physicians, American Medical Association, American Nurses Association, American Pharmacist Association, Association for Professionals in Infection Control, the Center for Disease Control's Advisory Committee on Immunization Practices, the Hospital Infection Control Practice Advisory Committee, and the Public Health Agency of Canada support routine vaccination of health care workers:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-fifth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature strongly supports routine influenza vaccination for health care workers who have direct patient contact.

    Was read the first time, the President waived the referral to committee, and placed SCR 2 on the calendar of Monday, February 22, the 25th legislative day.

    Sen. Knudson moved that HCR 1009 be deferred to Monday, February 22, the 25th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on SB 105 as found on page 362 of the Senate Journal; also

    Commerce on SB 136 as found on page 364 of the Senate Journal; also

    Judiciary on SB 149 as found on page 364 of the Senate Journal; also

    Education on SB 156 as found on page 362 of the Senate Journal; also

    Commerce on SB 169 as found on page 363 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the appointment of members to the Game, Fish and Parks Commission.

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

    HB 1105: FOR AN ACT ENTITLED, An Act to permit the record of a person's arrest to be expunged.

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


    HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to statutory rape.

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

    HB 1132: FOR AN ACT ENTITLED, An Act to provide for the referral and placement of certain individuals in need of intervention.

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

    HB 1188: FOR AN ACT ENTITLED, An Act to restrict the use of minor adjustments to school district boundaries and to revise the application process for minor boundary changes.

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

    HB 1252: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the payment in lieu of taxes for certain housing projects exempt from property taxation.

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

    HB 1264: FOR AN ACT ENTITLED, An Act to provide for the issuance of free antlerless deer licenses to certain landowners and lessees.

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

    HB 1265: FOR AN ACT ENTITLED, An Act to revise certain provisions related to indigent counsel.

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

    Sen. Knudson moved that the remainder of the calendar including SB 21, 49, 65, 84, 126, 148, 166, 184, 190, and SJR 5 and HB 1017, 1038, 1081, 1102, 1129, 1137, 1151, 1152, and 1176 be deferred to Monday, February 22, the 25th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1034: FOR AN ACT ENTITLED, An Act to authorize the collection of a mailing fee if plates or decals are mailed to certain dealers, motor carrier applicants, and boat owners.

    HB 1045: FOR AN ACT ENTITLED, An Act to revise the definition of anabolic steroid, to provide for the scheduling of tapentadol, lacosamide, and fospropofol as controlled substances, and to declare an emergency.

    HB 1094: FOR AN ACT ENTITLED, An Act to subject the gross receipts of contractors engaged in realty improvement contracts for certain municipal utilities to the contractor's excise tax instead of the alternative contractor's excise tax and to declare an emergency.

    HB 1108: FOR AN ACT ENTITLED, An Act to revise the definition of general fund base percentage in the calculation of state aid to education.

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

    HB 1190: FOR AN ACT ENTITLED, An Act to revise the high school course requirements and the requirements necessary to maintain eligibility for the South Dakota opportunity scholarship program.

    And signed the same in the presence of the Senate.

    Sen. Merchant moved that the Senate do now adjourn, which motion prevailed and at 1:29 p.m. the Senate adjourned.

Trudy Evenstad, Secretary