Senate Journal 3/1/2010 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-FIFTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 1, 2010

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

The prayer was offered by the Chaplain, Sister Marietta Miller, followed by the Pledge of Allegiance led by Senate page Zoe Cope.

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-eighth 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.

COMMUNICATIONS AND PETITIONS

February 25, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on February 24, 2010, I approved Senate Bills 34 and 36, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 26, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on February 25, 2010, I approved Senate Bills 14, 17, and 83, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

February 26, 2010

Mr. President and Members of the Senate:

I have the honor to inform you that on February 26, 2010, I approved Senate Bill 68, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
M. Michael Rounds
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1036, 1192, and 1263 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 1061 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 State Affairs respectfully reports that it has had under consideration HB 1018 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the House engrossed bill, delete line 24.

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 HB 1041 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That § 10-50-18 be amended to read as follows:

10-50-18. The secretary of revenue and regulation shall secure stamps, of the design and denomination as the secretary prescribes, suitable to be affixed to packages of cigarettes as evidence of the payment of the tax imposed by this chapter. The secretary shall sell the stamps to licensed distributors at a discount of ~~two percent~~ one cent off of their face value and to no other person.

Section 2. That § 10-50-18 be amended to read as follows:

10-50-18. The secretary of revenue and regulation shall secure stamps, of the design and denomination as the secretary prescribes, suitable to be affixed to packages of cigarettes as evidence of the payment of the tax imposed by this chapter. The secretary shall sell the stamps to licensed distributors at a discount of ~~two~~ one percent of their face value and to no other person.

Section 3. The provisions of section 2 of this Act are effective on July 1, 2012."

On page 1, line 1, of the House engrossed bill, delete everything after "to" and insert "revise the discount on the sales of cigarette tax stamps to distributors."

On page 1, delete lines 2 and 3, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Thomas A. Dempster, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 15, 51, 57, and 82 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 15, 51, 57, and 82 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 4 Introduced by: Senators Kloucek, Bartling, Bradford, Garnos, and Maher and Representatives Schrempp, Frerichs, Greenfield, Hoffman, Lederman, Nygaard, Olson (Betty), Sorenson, and Verchio

A CONCURRENT RESOLUTION, Opposing certain federal legislation related to equine slaughter and processing and urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

WHEREAS, the slaughter and processing of horses has become a controversial and contentious issue, which has resulted in the closing of the last horse processing and slaughter facility in the United States; and

WHEREAS, thousands of unwanted horses annually are exposed to abandonment and neglect because of the cessation of horse slaughter in the United States. These additional abandoned horses compete for adoption with wild horses that are fed and sheltered at public expense. The nation's overburdened horse rescue facilities cannot absorb the influx of additional unwanted and abandoned horses that result from the cessation of equine slaughter, processing, and transport activity; and

WHEREAS, pending legislation in Congress, the Prevention of Equine Cruelty Act, would further restrict actions related to horse slaughter and horse processing, and would prohibit the transport and export of horses outside of the United States for the purpose of slaughter for human consumption. This legislation includes H.R. 503, S. 727, and similar legislation that only exacerbates the problem; and

WHEREAS, in the United States the harvest of animals under federal inspection is highly regulated to provide for humane handling of the animals as well as for a safe and wholesome product. Equine slaughter in many foreign facilities is not held to the standards for humane handling and euthanasia required in the United States; and

WHEREAS, the closure of the last horse slaughter and processing facilities in the United States has caused a large increase in the number of horses transported to Canada and Mexico for slaughter, with much longer travel distances and potential for injury, in addition to enduring poor conditions in the foreign processing plants; and

WHEREAS, if transport of horses to Mexico and Canada for slaughter and processing for human consumption is prohibited, as the current legislation before Congress proposes, the number of additional abandoned horses in the United States will increase even further; and

WHEREAS, in 2005, Congress removed funding for USDA inspection programs for horse slaughter and processing intended for human consumption. These funding bans have continued for several years and have effectively prevented the operation of slaughter facilities; and

WHEREAS, horse processing facilities cannot operate in the United States unless federal inspection for such facilities is funded and reinstated; and

WHEREAS, there is a critical need for humane horse processing facilities in the United States to reduce the suffering inflicted on unwanted and abandoned horses and to meet overseas export markets for horsemeat in a humane manner:

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 urges the Congress and the United States Department of Agriculture to reinstate and fully fund USDA's inspection program for equine slaughter and processing facilities; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature urges the Congress to defeat the current Prevention of Equine Cruelty Act, including H.R. 503 and S.727 and related legislation.

Was read the first time, the President waived the referral to committee, and placed SCR 4 on the calendar of Tuesday, March 2, the 30^th legislative day.

Sen. Garnos moved that the Senate do concur in House amendments to SB 24.

The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 24.

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Brown; Nelson

Excused:
Schmidt

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

Sen. Hunhoff (Jean) moved that the Senate do concur in House amendments to SB 26.

The question being on Sen. Hunhoff (Jean)'s motion that the Senate do concur in House amendments to SB 26.

And the roll being called:

Yeas 33, Nays 1, Excused 1, 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; Tieszen; Turbak Berry

Nays:
Vehle

Excused:
Schmidt

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

HCR 1011: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as observer in the International Civil Aviation Organization and United Nations Framework Convention on Climate Change.

Was read the second time.

Sen. Maher moved that the Senate do concur in HCR 1011 as found on page 565 of the House Journal.

The question being on Sen. Maher's motion that the Senate do concur in HCR 1011.

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; Howie; Hundstad; Hunhoff (Jean); Jerstad; Kloucek; Knudson; Maher; Merchant; Miles; Nelson; Nesselhuf; Novstrup (Al); Olson (Russell); Peterson; Rhoden; Schmidt; Tieszen; Turbak Berry; Vehle

Nays:
Heidepriem

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Rhoden moved that the report of the Conference Committee on HB 1014 as found on page 476 of the Senate Journal be adopted.

The question being on Sen. Rhoden's motion that the report of the Conference Committee on HB 1014 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce on HB 1001 as found on page 475 of the Senate Journal; also

Commerce on HB 1002 as found on page 475 of the Senate Journal; also

Commerce on HB 1118 as found on page 475 of the Senate Journal be adopted.

Which motion prevailed.

The Senate proceeded to the consideration of the executive reappointment of Sharon Kallemeyn of Pennington County, Rapid City, South Dakota, to the Crime Victims' Compensation Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Sharon Kallemeyn pursuant to the executive message as found on page 218 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Brian K. Zeeb of Brookings County, Brookings, South Dakota, to the South Dakota Council for Interstate Adult Offender Supervision.

The question being "Does the Senate advise and consent to the executive reappointment of Brian K. Zeeb pursuant to the executive message as found on page 288 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Howie requested that HB 1104 be removed from the Consent Calendar.

HB 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to parental liability for willful acts of a child and to revise the limitation on recovery.

Was read the second time.

The question being "Shall HB 1071 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 and the title was agreed to.

HB 1075: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to credit against unpaid fines and costs for time served and to disallow credit for time served against unpaid victim restitution.

Was read the second time.

The question being "Shall HB 1075 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 1076: FOR AN ACT ENTITLED, An Act to repeal certain statutes related to the testimony of sex offense victims and to evidence of a victim's prior sexual conduct in coordination with the adoption of certain evidentiary rules by the Supreme Court.

Was read the second time.

The question being "Shall HB 1076 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 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 second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 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 second time.

The question being "Shall HB 1080 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 1180: FOR AN ACT ENTITLED, An Act to provide for the issuance of an on-sale license and malt beverage license for the county fairgrounds and to authorize counties to issue an additional on-sale license.

Was read the second time.

The question being "Shall HB 1180 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 1206: FOR AN ACT ENTITLED, An Act to provide that incontestability provisions in certain life insurance policies do not apply in cases of fraud.

Was read the second time.

The question being "Shall HB 1206 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 1016, 1055, and 1095 be deferred to Tuesday, March 2, the 30^th legislative day.

Which motion prevailed.

Sen. Knudson moved that HB 1160 be deferred to Thursday, March 4, the 32^nd legislative day.

Which motion prevailed.

HB 1033: FOR AN ACT ENTITLED, An Act to permit and regulate the blending of natural gasoline and ethyl alcohol and to provide for an ethanol broker license.

Was read the second time.

The question being "Shall HB 1033 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 1092: FOR AN ACT ENTITLED, An Act to revise the certain provisions concerning continuing liens on wages by garnishment.

Was read the second time.

The question being "Shall HB 1092 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Bradford

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 1275: FOR AN ACT ENTITLED, An Act to extend the age limit for cochlear implants.

Was read the second time.

The question being "Shall HB 1275 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 1260: FOR AN ACT ENTITLED, An Act to revise the definition of federal law enforcement officer to include certain United States Forest Service personnel.

Was read the second time.

The question being "Shall HB 1260 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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 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 second time.

Sen. Knudson moved that HB 1188 be laid on the table.

The question being on Sen. Knudson's motion that HB 1188 be laid on the table.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of certain new vehicle dealers and to declare an emergency.

Was read the second time.

The question being "Shall HB 1088 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1127: FOR AN ACT ENTITLED, An Act to authorize landowners and lessees to possess certain game animal and game bird trophies.

Was read the second time.

The question being "Shall HB 1127 pass as amended?"

And the roll being called:

Yeas 5, Nays 29, Excused 1, Absent 0

Yeas:
Ahlers; Bradford; Garnos; Heidepriem; Kloucek

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

Excused:
Abdallah

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

HB 1042: FOR AN ACT ENTITLED, An Act to increase certain billboard permit fees.

Was read the second time.

Sen. Vehle moved that HB 1042 be further amended as follows:

On page 1, line 7, of the House engrossed bill, delete "fifteen" and insert "sixteen".

On page 1, line 9, delete "twenty" and insert "twenty-four".

On page 1, line 11, delete "thirty" and insert "thirty-two".

On page 1, line 15, delete "fifty" and insert "forty-eight".

On page 2, line 2, delete "seventy-five" and insert "sixty-four".

On page 2, line 3, delete "one" and insert "seventy-two".

On page 2, line 4, delete "hundred".

Which motion prevailed.

The question being "Shall HB 1042 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

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

Nays:
Bradford; Howie; Kloucek; Olson (Russell); Peterson; Schmidt

Excused:
Abdallah; Nelson

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.

Sen. Knudson moved that HB 1025, 1026, 1027, 1048, 1051, 1052, and 1056 be deferred to Tuesday, March 2, the 30^th legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1009.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1014.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 15: FOR AN ACT ENTITLED, An Act to revise certain codes and standards regarding fire prevention.

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.

SB 57: FOR AN ACT ENTITLED, An Act to revise the time frames for issuing a decision in certain electric service area disputes and adequacy of service complaints.

SB 82: FOR AN ACT ENTITLED, An Act to require certain state contracts to be displayed on a searchable internet website.

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

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

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

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

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

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.

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

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.

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

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.

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.

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

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

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

And signed the same in the presence of the Senate.

Sen. Olson (Russell) moved that the Senate do now adjourn, which motion prevailed and at 3:35 p.m. the Senate adjourned.

Trudy Evenstad, Secretary