Senate Journal 2/3/2011 01:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 3, 2011

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

The prayer was offered by the Chaplain, Rev. Mike Bishop, followed by the Pledge of Allegiance led by Senate page William Wiseman.

Roll Call: All members present except Sen. Putnam who was 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 fifteenth 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.

There being no objection, the Senate proceeded to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 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 Joseph Bliss, Grace Buchloh, Derek Chase, Jacob Clark, Jessica Duerre, Nicole Merriman, Marie Mulloy, Jaakko Pehkonen, Heidi Reiners, Mackenze Schauf-Benter, Sarah Schiley, Gemma Trask, Samantha White, William Wiseman

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. Krebs moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Kreb's motion that Senate Page Resolution 2 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Putnam

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. 4.

COMMUNICATIONS AND PETITIONS

February 2, 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 Pat Costello, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism & State Development.

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 Education respectfully reports that it has had under consideration SB 200 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 65 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That § 13-36-4 be amended to read as follows:

13-36-4. The school board of a public ~~or the governing body of a nonpublic~~ school, approved and accredited by the secretary of the Department of Education, may delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association which is voluntary and nonprofit if membership in such association is open to all high schools approved and accredited ~~by the secretary of the Department of Education~~ pursuant to this section, including any school that allows participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this title, and if the constitution, bylaws, and rules of the association are subject to ratification by the school boards of the member public school districts and the governing boards of the member nonpublic schools and include a provision for a proper review procedure and review board.

The governing body of a nonpublic school, approved and accredited by the secretary of the Department of Education, or the North Central Association Commission on Accreditation and School Improvement (NCA CASI), or the Association of Christian Schools International (ACSI), or the Association of Classical and Christian Schools (ACCS), or Christian Schools International (CSI), or National Lutheran School Accreditation (NLSA), or Wisconsin Evangelical Lutheran Synod School Accreditation, may also delegate, on a year to year basis, the control, supervision, and regulation of any high school interscholastic activities to any association which is voluntary and nonprofit if membership in such association is open to all high schools approved and accredited pursuant to this section, including any school that allows participation by students receiving alternative instruction as set forth in § 13-27-3, pursuant to the provisions of this title, and if the constitution, bylaws, and rules of the association are subject to ratification by the school boards of the member public school districts and the governing boards of the member nonpublic schools and include a provision for a proper review procedure and review board.

Any association which complies with this section may exercise the control, supervision, and regulation of interscholastic activities, including interscholastic athletic events of member schools. Such association may promulgate reasonable uniform rules, to make decisions and to provide and enforce reasonable penalties for the violation of such rules."

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 63 which was tabled.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 154 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 7, 52, and 86 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 51 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 15 of the printed bill, insert:

"Section 2. That chapter 189 of the 2007 Sessions Laws be amended by adding thereto a NEW SECTION to read as follows:

Section 4. Any amounts appropriated in this Act not lawfully expended or obligated by June 30, 2013, shall revert in accordance with the procedures prescribed in chapter 4-8. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 58 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 81 and HB 1038 and 1042 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1043 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 Judiciary respectfully reports that it has had under consideration SB 101 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

If the office of hearing examiners enters a decision pursuant to § 1-27-40 concluding that certain records shall be released or that the fee charged pursuant to §§ 1-27-35 and 1-27-36 was excessive, the public entity has thirty days after the opinion is issued to comply with the order or to file an appeal pursuant to § 1-27-41.

Section 2. That chapter 1-27 be amended by adding thereto a NEW SECTION to read as follows:

In a civil action filed pursuant to § 1-27-38 or upon an appeal filed pursuant to § 1-27-41, if the court determines that the public entity acted unreasonably and in bad faith the court may award costs, disbursements, and a civil penalty not to exceed fifty dollars for each day that the record or records were delayed through the fault of the public entity. Any civil penalty collected pursuant to this section shall be deposited into the state general fund."

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

On page 1, line 7, of the printed bill, after "municipality" insert "at the time of the alleged negligent act".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Trevor Jones of Hughes County, South Dakota, to the position of Secretary of the Department of Public Safety and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SCR 3 and SB 148 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 17 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 15 was delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 3, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 17 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 50 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1001, 1058, 1070, 1096, and 1141 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Yesterday, Sen. Gray announced his intention to reconsider the vote by which SB 137 lost.

Sen. Gray moved that the Senate do now reconsider the vote by which SB 137 lost.

The question being on Sen. Gray's motion to reconsider the vote by which SB 137 lost.

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Gray; Heineman; Holien; Hundstad; Lederman; Nygaard; Olson (Russell); Rave; Schlekeway; Sutton; Tidemann

Nays:
Fryslie; Garnos; Hansen (Tom); Haverly; Hunhoff (Jean); Johnston; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Peters; Rampelberg; Rhoden; Tieszen; Vehle

Excused:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 137 was up for reconsideration and final passage.

Sen. Gray moved that SB 137 be placed on the calendar of Monday, February 7, the 17^th legislative day.

Which motion prevailed and SB 137 was so placed.

SCR 5: A CONCURRENT RESOLUTION, Recognizing February 4, 2011, as Wear Red Day and urging citizens of the state to be aware of cardiovascular disease in order to save lives.

Was read the second time.

Sen. Rave moved that SCR 5 as found on page 293 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that SCR 5 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

HCR 1003: A CONCURRENT RESOLUTION, Requesting the Federal Communications Commission to make substantive changes to the National Broadband Plan.

Was read the second time.

Sen. Brown moved that the Senate do concur in HCR 1003 as found on page 214 of the House Journal and as amended on page 244 of the House Journal.

The question being on Sen. Brown's motion that HCR 1003 be concurred in as amended.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in as amended.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 97 as found on page 292 of the Senate Journal; also

Health and Human Services on SB 139 as found on page 291 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment of agricultural land.

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

HB 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for the purpose of supplemental automobile liability insurance.

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

HB 1070: FOR AN ACT ENTITLED, An Act to prohibit school districts from employing school counselors who are not certified.

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

HB 1096: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the appointment of municipal officers.

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

HB 1141: FOR AN ACT ENTITLED, An Act to establish a date to begin absentee voting and to revise the deadline for the printing of ballots.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption from the motor fuel tax for bulk fuel transfers into a terminal.

Was read the second time.

The question being "Shall SB 42 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 108: FOR AN ACT ENTITLED, An Act to allow for the appointment of an alternate board member for the county legal expense relief board.

Was read the second time.

The question being "Shall SB 108 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county treasurers to collect the oldest delinquent property tax first.

Was read the second time.

The question being "Shall SB 112 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to domestic abuse programs.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

Was read the second time.

The question being "Shall HB 1025 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 1028: FOR AN ACT ENTITLED, An Act to revise the due dates of certain tax returns and remittances.

Was read the second time.

The question being "Shall HB 1028 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Putnam

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 43, 70, 72, 93, 120, 122, and 144 and HB 1013 be deferred to Monday, February 7, the 17^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 17: FOR AN ACT ENTITLED, An Act to provide for a property tax exemption for certain property leased by the Science and Technology Authority.

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.

And signed the same in the presence of the Senate.

Sen. Johnston moved that the Senate do now adjourn, which motion prevailed and at 1:46 p.m. the Senate adjourned.

Trudy Evenstad, Secretary