JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION




EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 21, 2011

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

    The prayer was offered by the Chaplain, Rev. Auggie Mintzlaff, followed by the Pledge of Allegiance led by Senate page Raquel Hohn.

    Roll Call: All members present except Sens. Begalka, Cutler, Garnos, and Lederman who were 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 seventh 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 1 Introduced by: Senators 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

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-sixth Legislature of the State of South Dakota to Casson Dennison, Alex Famestad, Allison Guindon, Kaitlyn Gunnare, Alexandra Hagman, Raquel Hohn, Camy Jo Kessler, Jeremy Nettifee, Rachelle Norberg, Nathan Shay

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

    WHEREAS, the members of the Eighty-sixth 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-sixth 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. Rave moved that Senate Page Resolution 1 be adopted.

    The question being on Sen. Rave's motion that Senate Page Resolution 1 be adopted.

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Begalka; Cutler; Garnos; Haverly; Lederman


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

    There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEE

MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jean M. Hunhoff, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1014, 1017, 1020, 1026, and 1027 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEE

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

    Commerce and Energy on SB 21 as found on page 149 of the Senate Journal; also

    Commerce and Energy on SB 49 as found on page 148 of the Senate Journal be adopted.

    Which motion prevailed.



FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 60 Introduced by: Senators Nelson (Tom), Fryslie, Maher, Nygaard, and Rhoden and Representatives Romkema, Blake, Brunner, Dryden, Hoffman, Kirkeby, Olson (Betty), Sly, Turbiville, and Verchio

    FOR AN ACT ENTITLED, An Act to repeal the reduction in state aid to general education funding for any school district that receives proceeds from the Commission on Gaming.

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

    SB 61 Introduced by: Senators Nelson (Tom), Hunhoff (Jean), and Tieszen and Representatives Munsterman, Magstadt, and Turbiville

    FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts to contract with the districts in limited cases.

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

    SB 62 Introduced by: Senators Nelson (Tom), Nygaard, and Tieszen and Representatives Turbiville, Magstadt, and Munsterman

    FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to compensation and expense reimbursement for sanitary district board members.

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

    SB 63 Introduced by: Senators Garnos, Bradford, Johnston, Maher, Rave, and Schlekeway and Representatives Brunner and Olson (Betty)

    FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the reduction in state aid to education based upon the school district's general fund balance.

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

    SB 64 Introduced by: Senators Peters, Buhl, Cutler, Frerichs, Haverly, Johnston, Krebs, Maher, Nelson (Tom), Nygaard, Putnam, Rave, Rhoden, and Tidemann and Representatives Solum, Abdallah, Blake, Conzet, Cronin, Dennert, Elliott, Feickert, Gosch, Hawley, Hunhoff (Bernie), Hunt, Kirkeby, Moser, Novstrup (David), Turbiville, and Willadsen

    FOR AN ACT ENTITLED, An Act to provide that interest paid on negative balances in employers' experience rating accounts be credited to their experience rating accounts.


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

    SB 65 Introduced by: Senators Kraus, Bradford, Garnos, Gray, Rave, and Rhoden and Representatives Wick, Bolin, Gosch, Hickey, Hunt, Kopp, Liss, Moser, Nelson (Stace), Novstrup (David), Olson (Betty), Sly, Tulson, and Verchio

    FOR AN ACT ENTITLED, An Act to allow nonpublic schools accredited by certain accrediting agencies other than the Department of Education to become members of the South Dakota High School Activities Association.

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

    SB 66 Introduced by: Senators Maher, Buhl, and Schlekeway and Representatives Magstadt, Cronin, Hunhoff (Bernie), and Olson (Betty)

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding land leased by counties.

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

    SB 67 Introduced by: Senators Gray, Holien, Olson (Russell), and Tieszen and Representatives Turbiville and Perry

    FOR AN ACT ENTITLED, An Act to reduce the minimum size for improvement districts.

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

    SB 68 Introduced by: Senators Gray, Holien, Lederman, and Tieszen and Representatives Turbiville and Perry

    FOR AN ACT ENTITLED, An Act to authorize investment of certain public funds in bonds issued by political subdivisions or agencies of the state.

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

    SB 69 Introduced by: Senators Gray, Holien, Lederman, and Tieszen and Representatives Turbiville and Perry

    FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to county veterans memorials.

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



    SB 70 Introduced by: Senators Peters, Frerichs, Gray, Hansen (Tom), Holien, Hunhoff (Jean), Maher, Nelson (Tom), Novstrup (Al), Rave, Rhoden, Schlekeway, and Vehle and Representatives Gosch, Abdallah, Boomgarden, Carson, Cronin, Dryden, Fargen, Hawley, Hunhoff (Bernie), Hunt, Kirkeby, Lucas, Novstrup (David), Olson (Betty), Perry, Rausch, Solum, Street, Turbiville, Van Gerpen, Vanneman, and Wismer

    FOR AN ACT ENTITLED, An Act to prohibit the creation of private transfer fee obligations and to require certain procedures for notice and disclosure for existing private transfer fee obligations.

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

    SB 71 Introduced by: Senators Tieszen, Lederman, Nygaard, and Vehle and Representatives Bolin, Conzet, Jones, Romkema, Stricherz, White, and Willadsen

    FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving.

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

    SB 72 Introduced by: Senators Peters, Brown, Haverly, Kraus, Lederman, Novstrup (Al), Olson (Russell), and Tidemann and Representatives Sly, Brunner, Cronin, Dryden, Gosch, Hubbel, Moser, Munsterman, Nelson (Stace), Novstrup (David), and Willadsen

    FOR AN ACT ENTITLED, An Act to revise how certain kindergarten students are counted for the purpose of state aid to education funding, and to establish in statute the minimum number of hours required in a school term for grades one through three.

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

    SB 73 Introduced by: Senators Maher, Bradford, Nygaard, and Rhoden and Representatives Olson (Betty), Feickert, Kirkeby, and Verchio

    FOR AN ACT ENTITLED, An Act to establish a preference for veterans and disabled persons when leasing residential property owned by counties.

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

    SB 74 Introduced by: Senators Maher, Fryslie, Nelson (Tom), Nygaard, and Tieszen and Representatives Hoffman, Jones, Kirkeby, Nelson (Stace), Turbiville, and Verchio

    FOR AN ACT ENTITLED, An Act to classify certain farm winery land as agricultural.

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



    SB 75 Introduced by: Senators Holien, Bradford, Fryslie, and Tieszen and Representatives Venner, Cronin, Deelstra, Kirkeby, Olson (Betty), and Schrempp

    FOR AN ACT ENTITLED, An Act to repeal the requirement that an annual conference be held between the directors of equalization, county auditors, and county commissioners before the directors of equalization take the oath of office.

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

    SB 76 Introduced by: Senators Krebs, Gray, Peters, and Rhoden and Representatives Solum, Fargen, Hunhoff (Bernie), Lust, Rausch, and Turbiville

    FOR AN ACT ENTITLED, An Act to exempt certain gift certificates and closed-loop prepaid cards from the unclaimed property provisions.

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

    SB 77 Introduced by: Senators Krebs, Hansen (Tom), Haverly, Johnston, Peters, Schlekeway, and Tidemann and Representatives Brunner, Abdallah, Blake, Conzet, Dryden, Gibson, Hunt, Kirkeby, and Liss

    FOR AN ACT ENTITLED, An Act to require the approval of the resident school district if a student who open enrolls is transported within the student's resident district by the receiving district.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purpose of the 911 emergency surcharge and to provide rule-making authority to the 911 Coordination Board to establish allowable recurring and nonrecurring costs for the operation of a public safety answering point.

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

    HB 1017: FOR AN ACT ENTITLED, An Act to authorize the release of offender photographs and physical description for purposes of victim and community notification.

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


    HB 1020: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the disclosure of parole eligibility at sentencing.

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

    HB 1026: FOR AN ACT ENTITLED, An Act to repeal fleet licensing procedures for certain vehicles.

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

    HB 1027: FOR AN ACT ENTITLED, An Act to revise the definition of a trailer for the purpose of titling a restored or rebuilt trailer.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 1: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to natural resources.

    Was read the second time.

    The question being "Shall SB 1 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Begalka; Cutler; Garnos; Lederman

    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.

    SB 23: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.


    Was read the second time.

    The question being "Shall SB 23 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Begalka; Cutler; Garnos; Lederman

    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.

    SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of funds in the telephone solicitation account.

    Was read the second time.

    The question being "Shall SB 25 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Begalka; Cutler; Garnos; Lederman

    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.

    SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the implementation of a proposed rate or practice by a gas or electric public utility.


    Was read the second time.

    The question being "Shall SB 26 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Adelstein; Bradford; Brown; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Begalka; Cutler; Garnos; Lederman

    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

    Sen. Olson moved that SB 2, 8, 12, 13, 14, 20, 24, 27, 36, 38, 40, 47, and 48 be deferred to Monday, January 24 , the 9th legislative day.

    Which motion prevailed.

    Sen. Gray moved that the Senate do now adjourn, which motion prevailed and at 1:28 p.m. the Senate adjourned.

Trudy Evenstad, Secretary