Senate Journal 2/24/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 24, 2010

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

The prayer was offered by the Chaplain, Pastor Levi Willms, followed by the Pledge of Allegiance led by Senate page Jocilyn Hansen.

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 twenty-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,

Which motion prevailed.

The President introduced Murphy Dods, Sioux Falls, South Dakota Girls State Governor and Daniel Miller, Watertown, South Dakota Boys State Governor to the body.

COMMUNICATIONS AND PETITIONS

February 9, 2010

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 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Susan Knippling, Buffalo County, Gann Valley, South Dakota, to the Game, Fish and Parks Commission.

This reappointment is effective immediately, and shall continue until January 10, 2014.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the reappointment to the Committee on Agriculture and Natural Resources.

February 16, 2010

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 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed John L. Cooper, Hughes County, Pierre, South Dakota, to the Game, Fish and Parks Commission.

This appointment is effective February 16, 2010, and shall continue until January 10, 2014.

Sincerely,
M. Michael Rounds
Governor

The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1025 and 1026 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1275 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Stanford M. Adelstein, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1095 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 HB 1128 and 1149 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 Local Government respectfully reports that it has had under consideration HB 1239 which was tabled.

Respectfully submitted,
Jason M. Gant, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1033 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 1171 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1252 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 State Affairs respectfully reports that it has had under consideration HB 1016 and 1088 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1011 and 1059 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 14, 17, and 83 were delivered to his Excellency, the Governor, for his approval at 9:38 a.m., February 24, 2010.

Respectfully submitted,
Bob Gray, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1018, 1046, 1057, 1107, 1135, 1138, 1155, 1165, 1181, 1192, 1201, 1224, 1226, 1228, 1240, 1254, and 1263 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Knudson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 25, the 28^th legislative day.

Which motion prevailed.

SCR 3: A CONCURRENT RESOLUTION, Commemorating the 100^th anniversary of the South Dakota State Capitol.

Was read the second time.

Sen. Gant moved that SCR 3 as found on page 432 of the Senate Journal be adopted.

The question being on Sen. Gant's motion that SCR 3 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Abdallah; Adelstein; Ahlers; Bartling; Bradford; Brown; 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

Excused:
Dempster

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

HCR 1009: A CONCURRENT RESOLUTION, Calling for balanced teaching of global warming in the public schools of South Dakota.

Was read the second time.

Sen. Brown moved that the Senate do concur in HCR 1009 as found on page 400 of the House Journal.

Sen. Brown moved that HCR 1009 be amended as follows:

On page 1 of the printed resolution, delete lines 1 to 13, inclusive, and insert:

"A CONCURRENT RESOLUTION, Calling for a balanced approach for instruction in the public schools relating to global climatic change.

WHEREAS, evidence relating to global climatic change is complex and subject to varying scientific interpretations; and

WHEREAS, there are a variety of climatological and meteorological dynamics that can affect world weather phenomena, and the significance and interrelativity of these factors remain unresolved; and

WHEREAS, the debate on global warming has subsumed political and philosophical viewpoints, which has complicated and prejudiced the scientific investigation of global climatic change phenomena:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-fifth Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature urges that all instruction in the public schools relating to global climatic change be presented in a balanced and objective manner and be appropriate to the age and academic development of the student and to the prevailing classroom circumstances."

On page 2, delete lines 1 to 24, inclusive.

Which motion prevailed.

The question being on Sen. Brown's motion that Senate do concur in HCR 1009 as amended.

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Abdallah; Brown; Dempster; Fryslie; Gant; Gray; Hansen (Tom); Haverly; Howie; Knudson; Maher; Nelson; Novstrup (Al); Olson (Russell); Rhoden; Schmidt; Tieszen; Vehle

Nays:
Adelstein; Ahlers; Bartling; Bradford; Garnos; Gillespie; Hanson (Gary); Heidepriem; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Merchant; Miles; Nesselhuf; Peterson; Turbak Berry

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1047 as found on page 428 of the Senate Journal; also

Education on HB 1160 as found on page 426 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1018: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding unemployment insurance benefit eligibility of part-time workers and to provide additional unemployment insurance benefits to workers attending approved training.

Was read the first time and referred to the Committee on State Affairs.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions for the procurement of goods and services for governmental agencies.

Was read the first time and referred to the Committee on State Affairs.

HB 1057: FOR AN ACT ENTITLED, An Act to revise and update certain provisions relating to dairy production and inspection.

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

HB 1107: FOR AN ACT ENTITLED, An Act to provide for the renewal of certain nonresident commercial driver licenses.

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

HB 1135: FOR AN ACT ENTITLED, An Act to rescind all previous applications of the State of South Dakota for the calling of a federal constitutional convention to amend the Constitution of the United States.

Was read the first time and referred to the Committee on State Affairs.

HB 1138: FOR AN ACT ENTITLED, An Act to create certified technology parks and to provide certain financing mechanisms and bonding authority to enhance knowledge and tech-based economic development.

Was read the first time and referred to the Committee on State Affairs.

HB 1155: FOR AN ACT ENTITLED, An Act to require the marking of certain anemometer towers used for wind energy testing purposes.

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

HB 1165: FOR AN ACT ENTITLED, An Act to revise the procedure for reissuing certain alcoholic beverage licenses.

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

HB 1181: FOR AN ACT ENTITLED, An Act to eliminate the consolidation incentives for any school districts that consolidate after July 1, 2010.

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

HB 1192: FOR AN ACT ENTITLED, An Act to establish an ethanol blender pump incentive grant program, to make an appropriation therefor, and to declare an emergency.

Was read the first time and referred to the Committee on State Affairs.

HB 1201: FOR AN ACT ENTITLED, An Act to provide that certain tax laws applicable on December 31, 2009, apply to certain wills and trusts that refer to federal estate and generation-skipping transfer tax laws, and to declare an emergency.

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

HB 1224: FOR AN ACT ENTITLED, An Act to revise the payment schedule for the South Dakota opportunity scholarship program.

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

HB 1226: FOR AN ACT ENTITLED, An Act to set certain age requirements for persons who sell malt beverages and South Dakota made wine at certain alcoholic beverage off-sale licensees.

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

HB 1228: FOR AN ACT ENTITLED, An Act to establish an ancillary standard in determining the best interests of a child.

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

HB 1240: FOR AN ACT ENTITLED, An Act to create the South Dakota need-based grant fund, to provide for the awarding of certain need-based grants, and to repeal provisions relating to tuition equalization grants.

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

HB 1254: FOR AN ACT ENTITLED, An Act to revise the requirements for the assignment of certain funeral benefits.

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

HB 1263: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the terms of wind easements and wind energy leases.

Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1008: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2009.

Was read the second time.

The question being "Shall HB 1008 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.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurance producer licensing.

Was read the second time.

The question being "Shall HB 1037 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1040: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to life insurance refunds.

Was read the second time.

The question being "Shall HB 1040 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1063: FOR AN ACT ENTITLED, An Act to repeal the responsibility of the attorney general to fix certain liability insurance limits for sheriffs.

Was read the second time.

The question being "Shall HB 1063 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the transportation of alcoholic beverages and to authorize transportation by religious organizations under certain circumstances.

Was read the second time.

The question being "Shall HB 1069 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1074: FOR AN ACT ENTITLED, An Act to allow copies of juvenile files to be provided to certain named parties or by court order rather than limiting use to inspection of the file only.

Was read the second time.

The question being "Shall HB 1074 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1089: FOR AN ACT ENTITLED, An Act to clarify permissible insurance policy provisions.

Was read the second time.

The question being "Shall HB 1089 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being "Shall HB 1189 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Knudson moved that HB 1027, 1042, 1048, 1051, 1052, and 1056 be deferred to Thursday, February 25, the 28th legislative day.

Which motion prevailed.

HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period within which tax deeds may be procured.

Was read the second time.

The question being "Shall HB 1179 pass?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Ahlers; Heidepriem; Miles; Peterson; Rhoden

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 1062: FOR AN ACT ENTITLED, An Act to provide for certain mandatory training for county coroners.

Was read the second time.

The question being "Shall HB 1062 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, 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; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Maher

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 1064: FOR AN ACT ENTITLED, An Act to establish a process for persons exposed to certain blood-borne infections to require testing for blood-borne pathogens and to provide for the confidentiality of the source individual.

Was read the second time.

The question being "Shall HB 1064 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Dempster

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 1065: FOR AN ACT ENTITLED, An Act to establish quarterly escrow payments by nonparticipating tobacco manufacturers.

Was read the second time.

The question being "Shall HB 1065 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the voidability of gambling contracts.

Was read the second time.

The question being "Shall HB 1070 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1073: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to a court's continuing jurisdiction to revoke probation or a suspended execution of sentence.

Was read the second time.

The question being "Shall HB 1073 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Turbak Berry

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.

Sen. Knudson moved that HB 1127, 1188, and 1260 be deferred to Thursday, February 25, the 28^th legislative day.

Which motion prevailed.

SC 20 Introduced by: Senators Novstrup (Al), 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, Olson (Russell), Peterson, Rhoden, Tieszen, Turbak Berry, and Vehle and Representatives Novstrup (David), Blake, Bolin, Boomgarden,

Brunner, Burg, Carson, Conzet, Cronin, Curd, Cutler, Deadrick, Dennert, Elliott, Engels, Faehn, Fargen, Feickert, Feinstein, Frerichs, Gibson, Gosch, Greenfield, Hamiel, Hoffman, Hunhoff (Bernie), Iron Cloud III, Jensen, Juhnke, Killer, Kirkeby, Kirschman, Kopp, Krebs, Lange, Lederman, Lucas, Lust, McLaughlin, Moser, Noem, Nygaard, Olson (Betty), Olson (Ryan), Peters, Pitts, Putnam, Rausch, Rave, Romkema, Rounds, Russell, Schlekeway, Schrempp, Sly, Solberg, Solum, Sorenson, Steele, Street, Thompson, Tidemann, Turbiville, Van Gerpen, Vanderlinde, Vanneman, Verchio, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Recognizing Don Meyer for his distinguished service to the State of South Dakota.

WHEREAS, Don Meyer has served Northern State University and the citizens of South Dakota with distinction as assistant professor and head men's basketball coach since 1999; and

WHEREAS, Don Meyer has set the national NCAA men's basketball record for wins, having achieved 922 wins and counting; and

WHEREAS, Don Meyer has coached for forty years and has graduated all but one student athlete; and

WHEREAS, Don Meyer has utilized the game of basketball to teach young people the game of life. Despite whatever obstacles have come his way, he continues to teach and coach, stressing the importance of faith, family, and friends.

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 Legislature congratulates Don Meyer on his extraordinary achievements both on and off the court and wishes him all the best as he enters a new chapter of his life, impacting even more lives.

SIGNING OF BILLS

The President publicly read the title to

HB 1010: FOR AN ACT ENTITLED, An Act to revise the requirements for the compilation and printing of the legislative manual referred to as the blue book.

HB 1017: FOR AN ACT ENTITLED, An Act to provide for state adoption of the 2009 Uniform Plumbing Code.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain requirements for the provisional certification of interpreters for the deaf and revise certain authority to promulgate rules concerning certified interpreters for the deaf.

HB 1029: FOR AN ACT ENTITLED, An Act to authorize the Board of Social Worker Examiners to deny, suspend, or revoke applications for licensure or licenses under certain circumstances and repeal certain physical examination provisions.

HB 1035: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding boat license decals and boat numbering.

HB 1038: FOR AN ACT ENTITLED, An Act to clarify certain provisions relating to orders issued for examinations of certain insurers.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the risk pool rate methodology, to revise the number of risk pool benefit plans offered, and to revise open enrollment for uninsurable children.

HB 1044: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, physician assistants, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

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

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

HB 1090: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the county legal expense relief fund.

HB 1100: FOR AN ACT ENTITLED, An Act to revise certain provisions related to airport revenue bonds.

HB 1102: FOR AN ACT ENTITLED, An Act to repeal certain provisions establishing the Wall Lake State Game Bird Refuge in Hand County.

HB 1129: FOR AN ACT ENTITLED, An Act to provide for the early reinstatement of a student expelled from school under certain circumstances.

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.

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

HB 1152: FOR AN ACT ENTITLED, An Act to require the Department of Education to develop a framework for entrepreneurship education.

HB 1176: FOR AN ACT ENTITLED, An Act to authorize certain licensed hunters who are quadriplegic to hunt using a designated hunter.

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

And signed the same in the presence of the Senate.

Sen. Nesselhuf moved that the Senate do now adjourn, which motion prevailed and at 3:00 p.m the Senate adjourned.

Trudy Evenstad, Secretary