Senate Journal 1/26/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

ELEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 26, 2011

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

The prayer was offered by the Chaplain, Rev. Don Block, followed by the Pledge of Allegiance led by Senate pages Jessica Duerre and Nicole Messner.

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 tenth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 61 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 66 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 Local Government respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill be amended as follows:

62ta

On page 1 of the printed bill, delete line 15, and insert "according to the rules promulgated by the Board of Finance."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 73 and returns the same with the recommendation that said bill be amended as follows:

73ta

On page 1, line 11, of the printed bill, delete "shall" and insert "may".

On page 1, line 13, delete "shall" and insert "may".

And that as so amended said bill do pass.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 18 and 19 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Doneen Hollingsworth of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Jean M. Hunhoff, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1018, 1019, 1024, 1038, 1041, 1042, and 1043 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 1: A CONCURRENT RESOLUTION, Honoring pregnancy care centers.

Was read the second time.

Sen. Kraus moved that SCR 1 as found on page 192 of the Senate Journal be adopted.

The question being on Sen. Kraus' motion that SCR 1 be adopted.

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Buhl

Excused:
Hundstad

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

HCR 1001: A CONCURRENT RESOLUTION, Honoring the historical, political, cultural, social, and economic relationships among Canada, the United States, and the State of South Dakota, and recognizing January 24, 2011, as Canada Day at the Capitol.

Was read the second time.

Sen. Lederman moved that the Senate do concur in HCR 1001 as found on page 125 of the House Journal.

The question being on Sen. Lederman's motion that the Senate do concur in HCR 1001.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
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

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1001 was concurred in.

SCR 2 Introduced by: Senators Olson (Russell), 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, Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Willadsen, Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Wink, and Wismer

A CONCURRENT RESOLUTION, Urging the United States Congress to appropriate $35 million in fiscal year 2012 for the Lewis and Clark Regional Water System.

WHEREAS, the Lewis and Clark Regional Water System is a project that is critically needed to improve the quality of life for over three hundred thousand people in the states of South Dakota, Iowa, and Minnesota by providing quality and plentiful drinking water, and by expanding economic development opportunities; and

WHEREAS, twenty member cities and rural water systems have shown their strong support by paying $109.2 million, or 99.6 percent of their share of the cost of the project, and by paying it in advance, and in some cases, as early as ten years before getting even a drop of water; and

WHEREAS, the states of South Dakota, Iowa, and Minnesota have shown their strong support by paying, in advance, $44.3 million or one hundred percent of their share of the cost of the project; and

WHEREAS, the federal government's remaining share of the cost of the project is currently $188.6 million, which represents 48.5 percent of the cost of the project; and

WHEREAS, the United States Congress appropriated $26.5 million in fiscal year 2008 and $27 million in fiscal year 2009, but only $10 million in fiscal year 2010 and will likely appropriate even less in fiscal year 2011; and

WHEREAS, cutting funding for this vital infrastructure increases costs to taxpayers due to the loss of economic development opportunities and because the federal government's remaining share of the cost is indexed annually for inflation; and

WHEREAS, if the project receives only $10 million per year in federal funding, estimates indicate that it will take until 2048 to complete, the city of Madison will not receive any water until 2035, and the connected members will be forced to pay much higher water rates until all members are connected; and

WHEREAS, funds paid in advance by members and states are either spent or fully obligated to current contracts so the construction schedule for 2011 and beyond is entirely dependent on future federal funding; and

WHEREAS, the timely completion of the project is very important not only to keep costs down for taxpayers, but to provide the member cities and rural water systems with access to a water supply that is critically needed, and to allow the region to continue to grow economically and to benefit from the jobs that will be created during construction:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the United States Congress to honor its commitment by appropriating $35 million in fiscal year 2012 for the Lewis and Clark Regional Water System.

Was read the first time, the President waived the referral to committee, and placed SCR 2 on the calendar of Thursday, January 27, the 12^th legislative day.

HCR 1002: A CONCURRENT RESOLUTION, To declare February 6, 2011, as Ronald Reagan Day, in South Dakota.

Was read the first time, the President waived the referral to committee, and placed HCR 1002 on the calendar of Thursday, January 27, the 12^th legislative day.

CONSIDERATION OF REPORT OF COMMITTEE

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

Commerce and Energy on SB 44 as found on page 190 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive appointment of Melody Schopp of Perkins County, Meadow, South Dakota, as Interim Secretary of the Department of Education.

The question being "Does the Senate advise and consent to the executive appointment of Melody Schopp pursuant to the executive message as found on page 138 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 appointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 144 Introduced by: Senators Begalka, Fryslie, Kraus, and Nelson (Tom) and Representatives Verchio, Hickey, and Tulson

FOR AN ACT ENTITLED, An Act to establish dates to begin absentee voting for primary and general elections.

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

SB 145 Introduced by: Senators Maher and Bradford and Representatives Kirkeby and Schrempp

FOR AN ACT ENTITLED, An Act to revise the provisions concerning the types of taxes that the state may enter into compacts with Indian tribes.

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

SB 146 Introduced by: Senators Peters and Hansen (Tom) and Representatives Cronin and Dennert

FOR AN ACT ENTITLED, An Act to require certain notice requirements for retailers that do not have nexus in South Dakota which are selling tangible personal property, services, or products transferred electronically for use in South Dakota.

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

SB 147 Introduced by: Senators Peters and Hansen (Tom) and Representatives Cronin and Dennert

FOR AN ACT ENTITLED, An Act to expand the application of nexus for the purpose of collecting sales and use taxes owed to the state.

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

SB 148 Introduced by: Senators Hundstad, Begalka, Frerichs, Fryslie, Johnston, Lederman, Maher, Novstrup (Al), Nygaard, Rave, Rhoden, Schlekeway, and Sutton and Representatives Dennert, Brunner, Feickert, Greenfield, Hoffman, Jones, Kopp, Lucas, Novstrup (David), Rausch, and Verchio

FOR AN ACT ENTITLED, An Act to increase the authorized number of nonresident waterfowl hunting licenses and to revise certain provisions regarding the number of allowable nonresident hunting days.

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

SB 149 Introduced by: Senators Schlekeway, Begalka, Cutler, Garnos, Gray, Heineman, Hunhoff (Jean), Johnston, Kraus, Krebs, Lederman, Nygaard, Rave, Sutton, Tidemann, and Tieszen and Representatives Wink, Abdallah, Blake, Bolin, Gosch, Hoffman, Jones, Lucas, Lust, Magstadt, Munsterman, Sigdestad, Sly, Steele, Stricherz, Tornow, Tulson, Van Gerpen, and Wick

FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.

Was read the first time and referred to the Committee on Health and Human Services.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1018: FOR AN ACT ENTITLED, An Act to provide for a partial early final discharge from parole.