Senate Journal 1/19/2011 12:45 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 19, 2011

The Senate convened at 12:45 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Fr. Kevin Doyle, followed by the Pledge of Allegiance led by Senate page Alex Famestad.

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 fifth 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

January 18, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed Melody Schopp, Perkins County, Meadow, South Dakota, to the position of Interim Secretary of the Department of Education.

This appointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Education.

January 18, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have reappointed Doneen Hollingsworth, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health.

This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the reappointment to the Committee on Health and Human Services.

January 18, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Section 1-33-10 of the Codified Laws, and subject to your consent, I am honored to inform you that I have reappointed Sandra Zinter, Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Personnel.

This reappointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

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

January 18, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Article IV, Section 9, of the Constitution, and subject to your consent, I am honored to inform you that I have appointed David Wiest, Hughes County, Pierre, South Dakota, to the position of Interim Secretary of the Department of Revenue & Regulation.

This appointment was effective January 8, 2011.

Sincerely,
Dennis Daugaard
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 2 and returns the same with the recommendation that said bill be amended as follows:

On page 53, after line 5 of the printed bill, insert:

"Section 153. That subdivision (13) of § 5-18A-22 be amended to read as follows:

(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12, or 11-11;".

On page 53, after line 5 of the printed bill, insert:

"Section 153. That § 5-18A-17 be amended to read as follows:

5-18A-17. No state officer or employee who approves, awards, or administers a contract involving the expenditure of public funds or the sale or lease of property, may have an interest in a contract that is within the scope of the officer's or employee's official duties. This prohibition includes any state officer or employee who, in his or her official capacity, recommends the approval or award of the contract or who supervises a person who approves, awards, or administers the contract. This prohibition does not include any state officer who serves without compensation or who may be paid per diem pursuant to § 4-7-10.4. Any contract made in violation of this section is void. Any state officer or employee who knowingly violates this section is guilty of a Class 2 misdemeanor. "

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 17 and 39 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 40 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "~~any~~" insert "proceedings commenced under this chapter concerning".

And that as so amended said bill do pass.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 15 and 16 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 SB 14 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, delete everything after "technician," and insert "social worker,".

On page 1, line 10, delete everything before "or any".

On page 1, delete lines 12 to 14, inclusive.

On page 1, line 15, delete "(3)" and insert "(2)".

On page 2, line 1, delete "(4)" and insert "(3)".

On page 2, line 1, after "Psychologist," insert "licensed".

On page 2, line 1, after "counselor" insert "engaged in professional counseling".

On page 2, line 2, delete "(5)" and insert "(4)".

On page 2, line 4, delete "immediately" and insert ", within twenty-four hours,".

On page 2, delete lines 8 to 10, inclusive, and insert:

"Section 2. That chapter 22-46 be amended by adding thereto a NEW SECTION to read as follows:

Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of section 1 of this Act. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.

Section 3. That chapter 22-46 be amended by adding thereto a NEW SECTION to read as follows:

Any person who knows or has reason to suspect that an elderly or disabled adult has been abused or neglected as defined in § 22-46-2 or 22-46-3 may report that information, regardless of whether that person is one of the mandatory reporters listed in this Act."

And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Olson moved that the report of the Standing Committee on

Commerce and Energy on SB 38 as found on page 80 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 8, 31, 32, 36, 45, 46, and 48 be deferred to Thursday, January 20, the 7^th legislative day.

Which motion prevailed.

SC 1 Introduced by: Senators Nelson (Tom), Begalka, Buhl, Frerichs, Fryslie, Heineman, Hundstad, Krebs, Novstrup (Al), Rampelberg, Schlekeway, and Tieszen and Representatives Romkema, Bolin, Carson, Dryden, Haggar, Hansen (Jon), Lucas, Munsterman, Nelson (Stace), Novstrup (David), Perry, Sly, Turbiville, and White

A LEGISLATIVE COMMEMORATION, Honoring the city of Deadwood on its fiftieth anniversary as a National Historic Landmark.

WHEREAS, the United States Secretary of the Interior recognizes exceptional places as National Historic Landmarks and only a small number--fewer than two thousand five hundred--have meaning to all Americans. These are designated as National Historic Landmarks because these places are nationally significant in illustrating or interpreting the heritage of the United States; and

WHEREAS, the city of Deadwood was among the earliest National Historic Landmarks designated on July 4, 1961, for its rich and diverse cultural heritage represented by the archaeological and historical sites, buildings, and landscapes that have been discovered and recorded throughout the city of Deadwood; and

WHEREAS, historic preservation has proven to be an effective tool in Deadwood for economic development, heritage tourism, managing growth, revitalizing the community, fostering local pride and maintaining community character while enhancing livability; and

WHEREAS, the city of Deadwood has provided millions of dollars to the state of South Dakota and other government agencies, not-for-profits, historians, students, and private citizens to enhance public awareness and importance of archaeology, history, and preservation in South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature celebrates the anniversary of Deadwood, South Dakota, being named a National Historic Landmark fifty years ago and calls upon the people of South Dakota to join their fellow citizens in recognizing and participating in this special observance.

Sen. Fryslie moved that the Senate do now adjourn, which motion prevailed and at 12:59 p.m. the Senate adjourned.

Trudy Evenstad, Secretary

Pursuant to the report of the Joint-Select Committee, as found on page 83 of the Senate Journal, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a budget message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

The following prayer was delivered by Pastor Roger Easland, Pierre/Ft. Pierre Ministerial Association, Pierre, South Dakota:

All powerful and all loving God, we pray that the light of Your wisdom will penetrate this challenging 2011 session. We know that Your presence is everywhere to be found. Be with us in our most heated debates. Give us rest and peace of mind in the midst of our struggles. Be with Governor Daugaard as he leads our state into a celebration of discipline, applying the principles of good stewardship to all facets of government. Be with all South Dakotans, bless us with justice alongside prosperity. We pray for peace wherever America is at war. I must pray in Jesus name. Amen.

The Secretary of the Senate, Trudy Evenstad, called the roll of the Senate and the following members were present:

Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen, Tom; Haverly; Heineman; Holien; Hundstad; Hunhoff, Jean; Johnston; Kraus; Krebs; Lederman; Maher; Nelson, Tom; Novstrup, Al; Nygaard; Olson, Russell; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle.

The Chief Clerk of the House of Representatives, Karen Gerdes, called the roll of the House and the following members were present:

Abdallah; Blake; Bolin; Boomgarden; Brunner; Carson; Conzet; Cronin; Deelstra; Dennert; Dryden; Elliott; Fargen; Feickert; Feinstein; Gibson; Gosch; Greenfield; Haggar, Hansen, Jon; Hawley; Hickey; Hoffman; Hubbel; Hunhoff, Bernie; Hunt; Iron Cloud; Jensen; Jones; Juhnke; Killer; Kirkeby; Kirschman; Kloucek; Kopp; Liss; Lucas; Lust; Magstadt; Miller; Moser; Munsterman; Nelson, Stace; Novstrup, David; Olson, Betty; Perry, Romkema; Rozum; Russell; Schaefer; Schrempp, Sigdestad; Sly; Solum; Steele; Street; Stricherz; Tornow; Tulson; Turbiville; Van Gerpen; Vanneman; Venner; Verchio; White; Wick; Willadsen; Wink; Wismer; Speaker Rausch.

Sen. Russell Olson moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

Which motion prevailed and the President appointed as such committee Sens. Russell Olson, Brown, and Frerichs on the part of the Senate and Reps. Lust, Cronin, Bernie Hunhoff, and Fargen on the part of the House.

The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the budget message.

Sen. Russell Olson moved that the Joint Session do now dissolve.

Which motion prevailed.