Senate Journal 2/10/2011 01:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

TWENTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 10, 2011

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

The prayer was offered by the Chaplain, Rev. Brad Urbach, followed by the Pledge of Allegiance led by Senate page Elaina Deadrick.

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 nineteenth day and finds that the following correction should be made:

On page 370, line 8, delete ", which was removed from the table,".

All other 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 the 2011 Miss Rodeo America, McKenzie Haley, Winner, SD, to the body.

COMMUNICATIONS AND PETITIONS

February 8, 2011

Mr. President and Members of the Senate:

I have the honor to inform you that I have approved Senate Bills 15 and 17, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1022 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1023 and 1024 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Bruce E. Rampelberg, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1070 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 HB 1080 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 Education respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:

77ce

On page 1 of the printed bill, delete lines 6 to 14, inclusive, and insert:

"13-28-45. The parent or guardian of a student who has been accepted for transfer is responsible for transporting the student to school in the receiving district without reimbursement. ~~Either the district of residence or the receiving district may provide transportation to students approved for transfer.~~ A receiving school district may enter the district of residence of students accepted for transfer into that school district to provide transportation to those students. However, the school boards in both the receiving school district and the resident school district shall annually approve the pick-up locations for those students within any incorporated municipality. When approving pick-up locations, the school boards shall base their decisions foremost on student safety. If the school boards cannot reach agreement on the pick-up locations, the locations shall be determined by the secretary of the Department of Education. The provisions of § 13-29-4 do not apply when transporting students enrolled under the provisions of §§ 13-28-40 to 13-28-47. The receiving district may charge a reasonable fee if the student elects to use the transportation services offered by the receiving district. "

Delete page 2.

77cta

On page 1, line 1, of the printed bill, delete everything after "require" and insert "school boards to approve pick-up locations for any open enrolled students who are transported in their resident school districts by receiving school districts."

On page 1, delete lines 2 and 3.

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 165 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1001, 1005, and 1006 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 184, 186, 189, and 192 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 168 and returns the same with the recommendation that said bill be amended as follows:

168oc

On page 1 of the printed bill, delete lines 3 to 11, inclusive, and insert:

"Section 1. That § 5-18A-22 be amended to read as follows:

5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply to:

(1) Any highway construction contract entered into by the Department of Transportation;

(2) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration;

(3) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months;

(4) Any equipment repair contract;

(5) Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware or perishable foods;

(6) Any supplies, services, and professional services required for externally funded research projects at institutions under the control of the Board of Regents;

(7) Any property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds by any department of the state government, state institution, and state agency shall be made under the supervision of the Bureau of Administration;

(8) Any supplies needed by the Department of Human Services or prison industries for the manufacturing of products;

(9) Any printing involving student activities, conducted by student organizations and paid for out of student fees, at institutions under the control of the Board of Regents. However, nothing in this subdivision exempts, from the requirements of this chapter and chapters 5-18B, 5-18C, and 5-18D, purchases that involve printing for other activities at institutions under the control of the Board of Regents;

(10) Any purchase of surplus property from another purchasing agency;

(11) Any animals purchased;

(12) Any purchase by a school district of perishable food, raw materials used in construction or manufacture of products for resale, or for transportation of students;

(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 5-12, or 11-11;

(14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of farms by institutions under the control of the Board of Regents;

(15) Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in § 5-18A-14; or

(16) For political subdivisions, any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services; or

(17) Any purchase of supplies or services from a contract established through a Midwestern Higher Education Compact group purchasing program by a competitive sealed bid or a competitive sealed proposal. "

On page 1, line 15, overstrike "State" and insert "Notwithstanding other provisions of chapter 5-18A or 5-18D, the Bureau of Administration may authorize state agencies and institutions to make".

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

On page 2, line 1, overstrike "shall be processed by".

On page 2, delete lines 2 and 3, and insert "~~made~~ by ~~first~~ obtaining".

On page 2, line 4, remove the overstrikes from "~~. If three quotes cannot be obtained,~~".

On page 2, line 5, remove the overstrikes from "~~the Bureau of Administration~~".

On page 2, remove the overstrikes from lines 6 and 7.

On page 2, line 8, delete "five" and insert "four".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SJR 1 and SB 195 which were tabled.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 173 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 Loren McManus of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Alicia Y. Alvarez of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 115, 116, and 164 which were 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 the nomination of Raymond Wahle of Minnehaha County, Sioux Falls, South Dakota, to the Energy Infrastructure Authority 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 Commerce and Energy respectfully reports that it has had under consideration SB 87 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 9 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 14, 16, and 50 were delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 10, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 9 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1061, 1094, 1148, 1153, 1173, and 1207 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 96 as found on page 368 of the Senate Journal; also

Taxation on SB 167 as found on page 370 of the Senate Journal and as amended on page 393 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Stanley Porch of Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Stanley Porch pursuant to the executive message as found on page 263 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 reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Mark Roby of Codington County, Watertown, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Mark Roby pursuant to the executive message as found on page 263 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 1061: FOR AN ACT ENTITLED, An Act to provide for the practice and regulation of registered midwives.

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

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the filing of campaign finance disclosure statements.

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

HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency.

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

HB 1153: FOR AN ACT ENTITLED, An Act to prohibit the Board of Education from adopting certain standards for the subject of history.

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

HB 1173: FOR AN ACT ENTITLED, An Act to require the person in charge of local elections to notify the secretary of state when the dates of elections have been set.

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

HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of certain out-of-state vehicles and motorcycles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 59: FOR AN ACT ENTITLED, An Act to revise certain provisions clarifying that counties are not responsible for constructing, repairing, and maintaining roads contained in improvement districts.

Was read the second time.

The question being "Shall SB 59 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 126, 132, 151, 153, 194, and 196 and HB 1034 be deferred to Monday, February 14, the 21^st legislative day.

Which motion prevailed.

SB 71: FOR AN ACT ENTITLED, An Act to prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving.

Was read the second time.

The question being "Shall SB 71 pass?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Nygaard; Putnam; Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Bradford; Brown; Buhl; Haverly; Heineman; Maher; Olson (Russell); Peters; Rave

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 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.

Was read the second time.

The question being "Shall SB 121 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Kraus

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 99: FOR AN ACT ENTITLED, An Act to revise the provisions that determine the amount of the motor vehicle registration fees that shall be applied based on the age of the vehicles.

Was read the second time.

The question being "Shall SB 99 pass?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; 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; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Garnos; Hundstad; Rhoden

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.

SIGNING OF BILLS

The President publicly read the title to

SB 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding eligibility requirements for the state risk pool.

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

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.

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.

And signed the same in the presence of the Senate.

Sen. Maher moved that the Senate do now adjourn, which motion prevailed and at 2:46 p.m. the Senate adjourned.

Trudy Evenstad, Secretary