Senate Journal 1/27/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

TWELFTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 27, 2011

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

The prayer was offered by the Chaplain, Rev. Howard Grinager, followed by the Pledge of Allegiance led by Senate pages Marie Mulloy and Jaakko Pehkonen.

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 eleventh 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 Appropriations respectfully reports that it has had under consideration SB 10, 11, and 37 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 67 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 3 and returns the same with the recommendation that said bill be amended as follows:

3oa

On page 1, line 5, of the printed bill, delete "and only by state agencies".

On page 1, line 8, after "writing" insert ". Application for the authorization shall be in writing".

On page 2, line 3, after ";" insert "or".

On page 2, delete line 4.

On page 2, line 5, delete "3" and insert "2".

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 SB 88 and returns the same with the recommendation that said bill be amended as follows:

88oa

On page 3, after line 5 of the printed bill, insert:

"Section 3. That chapter 12-26 be amended by adding thereto a NEW SECTION to read as follows:

It is a Class 6 felony for any candidate, campaign, political party, organization, or person working or volunteering on behalf of any candidate, campaign, or political party to feed or offer food to a voter or eligible voter while conducting a meeting, rally, event, or gathering at which same day voting is directed, urged, or encouraged."

88od

On page 1, line 4, of the printed bill, delete "Class 6 felony" and insert "Class 1 misdemeanor".

On page 2, line 16, delete "Class 6 felony" and insert "Class 1 misdemeanor".

On the previously adopted amendment (88oa), delete "Class 6 felony" and insert "Class 1 misdemeanor".

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 SB 90 and returns the same with the recommendation that said bill be amended as follows:

90oa

On page 9 of the printed bill, delete lines 17 to 24, inclusive.

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 the nomination of General Steven R. Doohen of Pennington County, Rapid City, South Dakota, to the position of Secretary of the Department of Military & Veterans Affairs and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 107 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill be amended as follows:

55ta

On page 1, line 10, of the printed bill, after "by" insert "a landowner or lessee on the landowner's property by".

On page 1, line 11, delete "sixteen" and insert "eighteen".

On page 1, line 12, after "age." Insert "Not more than one person may be aboard the snowmobile while coyotes are being hunted or taken pursuant to this section."

55tb

On page 1, line 10, of the printed bill, after "from" insert "stationary".

55tc

On page 1, line 11, of the printed bill, delete "shotguns" and insert "firearms".

And that as so amended said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 111 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

92ca

On page 2, line 22, of the printed bill, overstrike "2008" and insert "2010".

On page 3, line 2, overstrike "2008" and insert "2010".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 60 and 104 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 35 and returns the same with the recommendation that said bill be amended as follows:

35ra

On page 2, line 1, of the printed bill, after "." insert "However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old."

35rta

On page 1, line 2, of the printed bill, after "consent" insert "and to provide for a felony penalty under certain circumstances".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 54 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 94 and 110 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Nelson, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1010, 1016, and 1060 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Schlekeway moved that SB 149 be referred from the Committee on Health and Human Services to the Committee on Education.

Which motion prevailed.

SCR 2: A CONCURRENT RESOLUTION, Urging the United States Congress to appropriate $35 million in fiscal year 2012 for the Lewis and Clark Regional Water System

Was read the second time.

Sen. Olson moved that SCR 2 as found on page 211 of the Senate Journal be adopted.

The question being on Sen. Olson's motion that SCR 2 be adopted.

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 SCR 2 was adopted.

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

Was read the second time.

Sen. Schlekeway moved that the Senate do concur in HCR 1002 as found on page 136 of the House Journal.

The question being on Sen. Schlekeway's motion that the Senate do concur in HCR 1002.

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 and HCR 1002 was concurred in.

SCR 3 Introduced by: Senators Hansen (Tom), Brown, Frerichs, Fryslie, Krebs, and Tidemann and Representatives Hoffman, Cronin, Dennert, Feickert, Nelson (Stace), Rausch, Schaefer, Solum, and Street

A CONCURRENT RESOLUTION, Urging the United States Department of Agriculture to use sound science in making regulatory decisions.

WHEREAS, American agriculture has an impressive track record of successfully addressing the food, clothing, and fiber needs of a growing world population; and

WHEREAS, this success has come through good management, new innovations, and scientific advancements, including proper use of biotechnology; and

WHEREAS, the adoption of biotechnology by South Dakota farmers leads the nation. According to the United States Department of Agriculture National Agricultural Statistics Service, ninety-five percent of all corn and ninety-eight percent of the soybean acres planted in South Dakota in 2010 were a genetically engineered variety; and

WHEREAS, in the field of agricultural biotechnology, farmers have worked closely with the seed industry to meet their stewardship obligations through contractual arrangements and other mechanisms; and

WHEREAS, the United States Department of Agriculture has indicated that it may deregulate biotech alfalfa with certain conditions in an effort to address organic growers' claims of potential harm. Many South Dakota grower and agribusiness organizations strongly believe that such a conditional deregulation is not science-based and would unduly restrict or even eliminate the use of a valuable tool for growers in many parts of this country; and

WHEREAS, America's farmers and ranchers have demonstrated their ability to coexist with neighboring growers, whether through neighbor-to-neighbor communications, through state seed certifying agencies, or other local, state or regional initiatives; and

WHEREAS, the National Alfalfa and Forage Alliance (NAFA) developed its Best Management Practices for Roundup Ready Alfalfa Seed Production an 2008 and has taken the lead in providing coexistence documents for alfalfa hay export markets, alfalfa seed export markets, and organic alfalfa seed and hay markets; and

WHEREAS, recommended best management practices were developed in South Dakota in 2007 stating that Roundup Ready Alfalfa must be harvested at or before ten percent bloom to minimize potential pollen flow from hay to common alfalfa seed production; and

WHEREAS, any proposals to change United States government policy on agricultural biotechnology regulation must be done through a thoughtful dialogue inclusive of all United States government agencies:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Eighty-sixth Legislature of the State of South Dakota, the Senate concurring therein, that the United States Secretary of Agriculture and the United States Department of Agriculture be urged to make regulatory decisions based on sound science and to deregulate biotech alfalfa and other future products as soon as possible, without unsupported conditions, to enable America's alfalfa farmers to have access to biotech alfalfa seeds in time for the spring planting season.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 62 as found on page 208 of the Senate Journal; also

Local Government on SB 73 as found on page 208 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Doneen Hollingsworth of Hughes County, Pierre, South Dakota, as Secretary of the Department of Health.

The question being "Does the Senate advise and consent to the executive reappointment of Doneen Hollingsworth 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 reappointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 150 Introduced by: Senator Tidemann and Representative Cronin

FOR AN ACT ENTITLED, An Act to provide for entertainment for the good of South Dakota.

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

SB 151 Introduced by: Senators Adelstein, Rampelberg, Rhoden, and Tieszen and Representatives Sly, Conzet, Gosch, Kirkeby, Kopp, Steele, and Verchio

FOR AN ACT ENTITLED, An Act to revise the grandfathering provisions of massage therapy licensure.

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

SB 152 Introduced by: Senators Rhoden, Adelstein, Cutler, Fryslie, Gray, Hunhoff (Jean), Kraus, Krebs, Lederman, Maher, Nelson (Tom), Nygaard, Olson (Russell), Putnam, Rampelberg, Rave, Schlekeway, Tidemann, Tieszen, and Vehle and Representatives Dryden, Abdallah, Brunner, Carson, Gosch, Hansen (Jon), Hoffman, Kirkeby, Kopp, Moser, Munsterman, Nelson (Stace), Olson (Betty), Perry, Romkema, Sly, Steele, Verchio, Willadsen, and Wink

FOR AN ACT ENTITLED, An Act to require that any reduction in the general fund levies of a school district only account for increases in the taxable valuation of property and to revise the property tax levies for the general fund of a school district.

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

SB 153 Introduced by: Senators Begalka, Kraus, Novstrup (Al), Sutton, and Vehle and Representatives Hoffman, Fargen, Hickey, Street, Van Gerpen, and Willadsen

FOR AN ACT ENTITLED, An Act to revise fees for resident nurserymen.

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

SB 154 Introduced by: Senators Begalka and Maher and Representatives Brunner, Magstadt, Rozum, and Turbiville

FOR AN ACT ENTITLED, An Act to provide funding for education by temporarily increasing the state sales and use tax.

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

SB 155 Introduced by: Senators Maher and Lederman and Representatives Russell and Tornow

FOR AN ACT ENTITLED, An Act to revise the contents of the notice to the county where hospitalization is furnished to indigent persons.

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

SB 156 Introduced by: Senators Tieszen, Kraus, Novstrup (Al), Rhoden, and Vehle and Representatives Kopp, Bolin, Boomgarden, Haggar, Hickey, Hubbel, Jensen, Jones, Kirkeby, Munsterman, Nelson (Stace), Novstrup (David), Russell, Solum, Steele, Stricherz, Venner, Verchio, and Wick

FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized aliens, to criminalize the knowing transportation, concealment, or solicitation of unauthorized aliens, and to provide penalties therefor.

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

SB 157 Introduced by: Senators Rave, Hansen (Tom), Lederman, and Rhoden and Representatives Gosch, Brunner, Carson, Fargen, Lust, and Olson (Betty)

FOR AN ACT ENTITLED, An Act to establish an agricultural supplier's lien and to provide for its grant, content, filing, priority, and effect.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1010: FOR AN ACT ENTITLED, An Act to revise the definition of bulk pesticide.

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

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing and regulation of grain buyers, grain warehouses, and weighmasters.

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

HB 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how motor vehicle license fees are distributed in the unorganized territories of a county.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 18: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding a commercial driver license.

Was read the second time.

The question being "Shall SB 18 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.

SB 19: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and the transportation of hazardous materials.

Was read the second time.

The question being "Shall SB 19 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.

SB 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding land leased by counties.

Was read the second time.

The question being "Shall SB 66 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Nelson moved that SB 48 be referred back to the Committee on Commerce and Energy.

Which motion prevailed.

Sen. Olson moved that SB 44 and 61 be deferred to Monday, January 31, the 13^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 3 Introduced by: Senators Schlekeway, Cutler, Heineman, Johnston, Krebs, and Rave and Representatives Hubbel and Willadsen

A LEGISLATIVE COMMEMORATION, Congratulating and honoring South Dakota's 2010 Milken Educator, Wade Helleson from Sioux Falls.

WHEREAS, Wade Helleson, a teacher in the Sioux Falls School District for the past twelve years, is currently a kindergarten through fifth grade instructional coach at Lowell Elementary School in Sioux Falls, where he is widely recognized for his role in developing the school's visionary academic environment; and

WHEREAS, Wade Helleson designed the school's website, and has been instrumental in integrating technology across all subjects and grades, and his teaching style emphasizes innovation, creativity, and hands-on activity; and

WHEREAS, Wade Helleson mentors new teachers, coaches teachers, assists with curriculum integration and community-based learning opportunities, organizes the school's science fair, and worked to obtain a grant for the school's indoor garden:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Wade Helleson be congratulated and honored for his selection as South Dakota's Milken Educator for 2010, an award given to celebrate, elevate, and activate exemplary teachers.

SC 4 Introduced by: Senators Tidemann, 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, Tieszen, and Vehle and Representatives Munsterman, 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 III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Susan Turnipseed of Brookings as South Dakota's 2011 Teacher of the Year.

WHEREAS, Susan Turnipseed, a teacher in the Brookings School District for the past twenty-nine years, is currently a fourth grade technology teacher at Camelot Intermediate School, where she is excited by the challenge of creating new and meaningful experiences with technology for her students in all areas of study; and

WHEREAS, Susan Turnipseed sets high expectations for students, forms strong relationships with them, works hard to keep them engaged in learning, and genuinely cares about them; and

WHEREAS, Susan Turnipseed communicates frequently with parents to keep them engaged in their children's learning, and believes that the education of a child is truly a collaborative venture involving teachers, students, parents, administrators, school boards, and state and local governments:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that Susan Turnipseed of Brookings, South Dakota, be congratulated and honored for her selection as South Dakota's 2011 Teacher of the Year.

Sen. Heineman moved that the Senate do now adjourn, which motion prevailed and at 2:30 p.m. the Senate adjourned.

Trudy Evenstad, Secretary