Senate Journal 2/8/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 8, 2011

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

The prayer was offered by the Chaplain, Rev. Harvey Friez, followed by the Pledge of Allegiance led by Senate pages Leah Cypher and Olivia Siglin.

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 seventeenth 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.

HONORED GUESTS

The President introduced State Voice of Democracy winner, Morgan T. Hanzlik, from Spearfish, and Patriot's Pen winner, Sadie Eitemiller, of Armour, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 126 and 152 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 71 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 the nomination of Timothy A. Reisch of Miner County, Howard, South Dakota, to the position of Secretary of the Department of Corrections 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 Judiciary respectfully reports that it has had under consideration SB 159 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 HB 1031 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 76 and HB 1032 and 1036 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 Commerce and Energy respectfully reports that it has had under consideration SB 132 and returns the same with the recommendation that said bill be amended as follows:

132jb

On page 1, line 10 of the printed bill, after "state" insert "or a municipal power agency".

On page 2, delete lines 1 to 12, inclusive, and insert:

"connects to facilities owned by two or more incumbent electric transmission owners belongs individually and proportionally to each incumbent electric transmission owner, unless otherwise agreed in writing. If an electric transmission line has been approved for construction in a federally registered planning authority transmission plan, the incumbent electric transmission owner may give notice to the commission, in writing, within ninety days of approval, of its intent to construct, own, and maintain the electric transmission line. If no notice is provided, the incumbent electric transmission owner shall surrender its first right to construct, own, and maintain the electric transmission line."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1034 and returns the same with the recommendation that said bill be amended as follows:

1034ja

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

"Section 1. That § 58-11-58 be amended to read as follows:

58-11-58. Any schedule of rates or rating plan for private passenger motor vehicle bodily injury and property damage liability insurance and collision insurance submitted to, or filed with, the Division of Insurance shall provide for an appropriate reduction in premium charges for persons fifty-five years of age or older who have successfully completed a motor vehicle

accident prevention course ~~meeting the criteria approved by the Department of Revenue and Regulation~~.

A motor vehicle accident prevention course shall include at least four hours of online or classroom instruction on the effects of aging on driving behavior; the effects of alcohol, drugs, and medications on older drivers; laws relating to the proper use of a motor vehicle and safe driving behavior; traffic crash avoidance and prevention measures; and driving hazards and risk factors associated with traffic crash prevention.

However, insurers who offer a separate discount which is based upon the age of persons who are fifty-five years of age or older or upon their driving record, are exempt from the provisions of this section and are not required to make an additional filing with the Division of Insurance as a result of the discount required by this section.

Section 2. That § 58-11-59 be amended to read as follows:

58-11-59. Upon successfully completing the ~~approved~~ course, each person shall be issued a certificate by the organization offering the course which shall be used to qualify for the premium discount required by § 58-11-58.

Section 3. That § 58-11-60 be amended to read as follows:

58-11-60. A person shall take and pass the ~~approved~~ course every three years to continue to be eligible for the premium discount required by § 58-11-58.

Section 4. That § 58-11-61 be amended to read as follows:

58-11-61. The premium discount required by § 58-11-58 shall be effective for an insured for a three-year period after successful completion of the ~~approved~~ course. However, the insurer may require, as a condition of providing and maintaining the discount, that the insured:

(1) Has not been involved in an accident for which the insured is at fault;

(2) Has not been convicted, pled guilty, or nolo contendere to a moving traffic violation, or to a traffic related alcohol or narcotics offense; and

(3) Has maintained a driving record free of violations and accidents for which the insured has been found liable for a three-year period prior to course completion.

This section does not apply if the ~~approved~~ course is taken as specified by a court or other governmental entity resulting from a moving traffic violation. "

1034sta

On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 201 and returns the same with the recommendation that said bill be referred to the Committee on State Affairs.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1009 and 1016 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1010 and 1037 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill be amended as follows:

153tb

On page 1, line 15, of the printed bill, delete "seventy-five" and insert "eighty-five".

On page 2, line 10, after "hundred" insert "twenty-five".

On page 2, line 12, overstrike "fifty" and insert "seventy-five".

153tta

On page 1, line 1, of the printed bill, after "nurserymen" insert "and nursery stock dealers".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 157 which was deferred to the 41^st 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 14, 16, and 50 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 17 was delivered to his Excellency, the Governor, for his approval at 10:15 a.m., February 8, 2011.

Respectfully submitted,
Bob Gray, Chair

The oath of office was administered by the President to the following named person:

Elizabeth Strohman

Which was subscribed to and placed on file in the office of the Secretary of State.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1002, 1062, 1085, 1118, 1133, and 1139 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1004 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 14 and 16 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1004: A CONCURRENT RESOLUTION, Making certain legislative findings about the constitutionality of the federal health care system.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 84 as found on page 330 of the Senate Journal; also

Commerce and Energy on SB 103 as found on page 325 of the Senate Journal; also

Local Government on SB 109 as found on page 330 of the Senate Journal; also

Commerce and Energy on SB 121 as found on page 325 of the Senate Journal; also

Commerce and Energy on SB 125 as found on page 326 of the Senate Journal; also

Local Government on SB 130 as found on page 331 of the Senate Journal; also

Taxation on HB 1029 as found on page 332 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Kimberley Malsam-Rysdon of Hughes County, Pierre, South Dakota, as Secretary of the Department of Social Services.

The question being "Does the Senate advise and consent to the executive appointment of Kimberley Malsam-Rysdon pursuant to the executive message as found on page 259 of the Senate Journal?"

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 question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Darin Bergquist of Hughes County, Pierre, South Dakota, as Secretary of the Department of Transportation.

The question being "Does the Senate advise and consent to the executive reappointment of Darin Bergquist pursuant to the executive message as found on page 258 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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the documentation of data used to make adjustments during the assessment process for factors that affect the capacity of the land to produce agricultural products.

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

HB 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

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

HB 1085: FOR AN ACT ENTITLED, An Act to prohibit certain political advertising in highway rights-of-way.

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

HB 1118: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the extraterritorial jurisdiction of a municipalities.

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

HB 1133: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the excusal of a child from school.

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

HB 1139: FOR AN ACT ENTITLED, An Act to remove the prohibition against certain appointive officers lobbying after completing their service in state government.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Frerichs requested that HB 1030 be removed from the Consent Calendar.

SB 80: FOR AN ACT ENTITLED, An Act to apply certain provisions concerning actions for recovery of damages for personal injury or death to municipal officers, employees, and volunteers.

Was read the second time.

The question being "Shall SB 80 pass as amended?"

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 113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice requirements for changes in zoning requested by landowners.

Was read the second time.

The question being "Shall SB 113 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 119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to sureties for water user district treasurers.

Was read the second time.

The question being "Shall SB 119 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.

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

Was read the second time.

The question being "Shall HB 1026 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.

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 second time.

The question being "Shall HB 1027 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.

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 second time.

The question being "Shall HB 1060 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. Olson moved that SB 97, 146, and 147 be deferred to Wednesday, February 9, the 19^th legislative day.

Which motion prevailed.

SB 52: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Department of Military and Veterans Affairs to provide for the design, construction, and equipping of the veterans home near Hot Springs and to declare an emergency.

Was read the second time.

Sen. Haverly moved that SB 52 be placed to follow SB 51 on today's calendar.

Which motion prevailed.

SB 72: FOR AN ACT ENTITLED, An Act to revise how certain kindergarten students are counted for the purpose of state aid to education funding, to establish in statute the minimum number of hours required in a school term for grades one through three, and to provide for the redistribution of certain funds appropriated for state aid to education.

Having had its second reading was up for consideration and final passage.

72cd

Sen. Peters moved that SB 72 be further amended as follows:

On page 3, line 1, of the Senate Education Committee engrossed bill, delete "and".

On page 3, line 3, delete "2012" and insert "2013".

On page 3, line 5, delete "2013" and insert "2014".

On page 5, delete lines 23 and 24, and insert:

"Section 3. The provisions of section 1 of this Act are effective on July 1, 2012."

Delete page 6.

Which motion prevailed.

Sen. Olson moved the previous question.

Which motion prevailed.

The question being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Brown; Gray; Haverly; Heineman; Kraus; Novstrup (Al); Nygaard; Olson (Russell); Peters; Schlekeway; Tidemann; Tieszen; Vehle

Nays:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Hansen (Tom); Holien; Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Putnam; Rampelberg; Rave; Rhoden; Sutton

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a previous appropriation for renovation of the nursing care building on the South Dakota Veterans' Home campus and to declare an emergency.

Was read the second time.

The question being "Shall SB 51 pass as amended?"

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; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Olson

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

Having had its second reading was up for consideration and final passage.

The question being "Shall SB 52 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 65: 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 second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Nelson

Excused:
Brown

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 68: 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 second time.

68fa

Sen. Gray moved that SB 68 be amended as follows:

On page 1, line 8, of the printed bill, delete "or agency of the state" and insert "of the state, the South Dakota Housing Development Authority, the South Dakota Health and Educational Facilities Authority, or the South Dakota Building Authority".

On page 1, line 10, delete "agency" and insert "authority".

Which motion prevailed.

The question being "Shall SB 68 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Buhl; Cutler; Frerichs; Fryslie; 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

Nays:
Bradford; Vehle

Excused:
Garnos

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

The question being on the title.

68fta

Sen. Gray moved that the title to SB 68 be amended as follows:

On page 1, line 2, of the printed bill, delete "agencies" and insert "bonding authorities".

Which motion prevailed.

SB 95: FOR AN ACT ENTITLED, An Act to provide for the printing of voting rights notices.

Was read the second time.

The question being "Shall SB 95 pass?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Cutler; Frerichs; Fryslie; 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:
Adelstein; Buhl; Hundstad

Excused:
Garnos

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 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to public records.

Was read the second time.

The question being "Shall SB 101 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gary; 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

Excused:
Garnos

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.

Sen. Olson moved that HB 1013, 1035, 1038, and 1042 be deferred to Wednesday, February 9, the 19^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 14: FOR AN ACT ENTITLED, An Act to require the mandatory reporting of abuse or neglect of elderly or disabled adults.

SB 16: FOR AN ACT ENTITLED, An Act to authorize licensure of persons graduating from social work programs that are in candidacy status.

SB 50: FOR AN ACT ENTITLED, An Act to revise certain certification levels of emergency medical technicians.

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

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

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

And signed the same in the presence of the Senate.

Sen. Krebs moved that the Senate do now adjourn, which motion prevailed and at 3:40 p.m. the Senate adjourned.

Trudy Evenstad, Secretary