Senate Journal 2/15/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 15, 2011

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

The prayer was offered by the Chaplain, Fr. Mike Griffin, followed by the Pledge of Allegiance led by Senate page Mariah Waters.

Roll Call: All members present except Sen. Krebs 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 twenty-first 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.

The President introduced Hayley Smith, the 2010 South Dakota 4-H Rodeo Ambassador, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1133 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 the nomination of Patrick L. Weber of McCook County, Montrose, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration the nomination of Terry Baloun of Faulk County, Highmore, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration the nomination of Randy Morris of Lawrence County, Spearfish, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration SB 169 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 1002 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Steven Pirner of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Environment & Natural Resources 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of James C. Spies of Codington County, Watertown, South Dakota, to the Game, Fish and Parks 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Barry Jensen of Mellette County, White River, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Ryan Maher, Vice Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 6, of the printed bill, after "court" insert "unless the change under the applicable insurance coverage increases the benefits, adds additional property, persons, or perils to be covered, or is required by the insurer".

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

On page 2, after line 8 of the printed bill, insert:

"Section 4. Any person under the age of sixteen who performs a commercial sex act is considered a victim of human trafficking regardless of whether force, fraud, or coercion were present."

On page 1, line 8, of the printed bill, delete "to" and insert "the".

On page 1, line 12, after ";" insert "or".

And that as so amended said bill do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 123 and 158 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 87 and returns the same with the recommendation that said bill do NOT pass.

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 5 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 9 was delivered to his Excellency, the Governor, for his approval at 8:53 a.m., February 15, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1146, 1147, 1175, 1184, 1185, 1196, 1216, 1221, and 1233 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 5 which has passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Yeaterday, Sen. Nygaard announced his intention to reconsider the vote by which SB 167 lost.

Sen. Nygaard moved that the Senate do now reconsider the vote by which SB 167 lost.

The question being on Sen. Nygaard's motion to reconsider the vote by which SB 167 lost.

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Buhl; Frerichs; Hundstad; Lederman; Maher; Nelson (Tom); Nygaard; Peters; Schlekeway; Sutton; Tieszen; Vehle

Nays:
Bradford; Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Novstrup (Al); Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Tidemann

Excused:
Krebs

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

HCR 1005: A CONCURRENT RESOLUTION, Expressing support for raising public awareness of the disease of lupus.

Was read the second time.

Sen. Rave moved that the Senate do concur in HCR 1005 as found on page 336 of the House Journal.

The question being on Sen. Rave's motion that the Senate do concur in HCR 1005.

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; Lederman; Maher; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Krebs

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

The President introduced the 2010 American Legion Boys State Governor Daniel Wanous of Sioux Falls, the 2010 American Legion Auxiliary Governor Erin Williams of Watertown, and State Commander of the American Legion G.D. "Hoot" Gibson, to the body.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 98 as found on page 409 of the Senate Journal; also

State Affairs on SB 193 as found on page 410 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Barbara Christianson of Pennington County, Rapid City, South Dakota, to the Career Service Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Barbara Christianson pursuant to the executive message as found on page 262 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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 Jean (Dawn) Morris of Hughes County, Pierre, South Dakota, to the Career Service Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Jean (Dawn) Morris pursuant to the executive message as found on page 262 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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 1146: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for chiropractic services.

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

HB 1147: FOR AN ACT ENTITLED, An Act to revise the taxation of rural electric companies with respect to receipts collected for compliance with certain environmental laws.

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

HB 1175: FOR AN ACT ENTITLED, An Act to establish the jump start scholarship program.

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

HB 1184: FOR AN ACT ENTITLED, An Act to limit the subrogation of certain insurers unless and until the insured is fully compensated.

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

HB 1185: FOR AN ACT ENTITLED, An Act to regulate persons offering speech-language pathology to the public.

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

HB 1196: FOR AN ACT ENTITLED, An Act to provide for the establishment of veterans resource centers at certain state colleges and universities.

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

HB 1216: FOR AN ACT ENTITLED, An Act to prohibit certain contract restrictions on the use of ethanol blender pumps by retailers.

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

HB 1221: FOR AN ACT ENTITLED, An Act to establish a task force on teen driving safety.

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

HB 1233: FOR AN ACT ENTITLED, An Act to limit liability from damages caused by certain aviation products.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 126 and HB 1001, 1015, 1034, 1045, and 1070 be deferred to Wednesday, February 16, the 23^rd legislative day.

Which motion prevailed.

Sen. Olson moved that SB 77 be deferred to Tuesday, February 22, the 25^th legislative day.

Which motion prevailed.

SB 184: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, and to declare an emergency.

Was read the second time.

The question being "Shall SB 184 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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 186: FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

Was read the second time.

The question being "Shall SB 186 pass?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

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

Nays:
Bradford; Buhl; Frerichs; Garnos; Hundstad; Maher; Rhoden; Sutton

Excused:
Krebs; Lederman

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 189: FOR AN ACT ENTITLED, An Act to revise certain budgetary provisions relating to certain funds received from the federal government.

Was read the second time.

The question being "Shall SB 189 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Hundstad

Excused:
Cutler; Krebs

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 192: FOR AN ACT ENTITLED, An Act to revise certain allocations for disabilities in the state aid for special education formula.

Was read the second time.

The question being "Shall SB 192 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

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

Nays:
Bradford; Buhl; Frerichs; Garnos; Hundstad; Sutton

Excused:
Krebs

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 74: FOR AN ACT ENTITLED, An Act to classify certain farm winery land as agricultural.

Was read the second time.

The question being "Shall SB 74 pass?"

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Cutler; Frerichs; Hundstad; Johnston; Lederman; Maher; Nygaard; Rampelberg; Rave; Rhoden; Schlekeway; Tieszen

Nays:
Bradford; Brown; Buhl; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Sutton; Tidemann; Vehle

Excused:
Krebs

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

SB 145: 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 second time.

The question being "Shall SB 145 pass?"

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hundstad; Lederman; Maher; Nygaard

Nays:
Brown; Cutler; Fryslie; Garnos; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Krebs

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

SB 168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding certain state purchases of supplies and services.

Was read the second time.

The question being "Shall SB 168 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Bradford

Excused:
Krebs

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding veterans credited service and benefits under the South Dakota Retirement System and under the South Dakota deferred compensation plan.

Was read the second time.

The question being "Shall HB 1022 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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.

SC 11 Introduced by: Senators Hundstad and Novstrup (Al) and Representatives Dennert, Elliott, and Feickert

A LEGISLATIVE COMMEMORATION, Commending and honoring the community of Turton on its one hundred twenty-fifth birthday.

WHEREAS, on September 21, 1886, the Western Town Lot Company purchased two parcels of land situated in Spink County in the Territory of Dakota named later in honor of the large number of French descendants that called Turton home; and

WHEREAS, while in the past one hundred twenty-five years, the citizens of Turton, its surrounding community members, and descendants near and far have seen many changes, including the closing of the high school in 1956 and the grade school in 1967, but nevertheless continue to remain true to Turton's roots and traditions; and

WHEREAS, the citizens of Turton, the surrounding community members, and descendants near and far continue to call Turton home:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the town of Turton, the residents of Turton, the surrounding community members, and descendants near and far be congratulated on the one hundred twenty-fifth birthday of the town of Turton on September 21, 2011, which will be celebrated on June 24, 25, and 26, 2011.

SC 12 Introduced by: Senators Maher, Adelstein, Bradford, Brown, Cutler, Hansen (Tom), Holien, Peters, Rampelberg, and Sutton and Representatives Schrempp, Brunner, Carson, Hoffman, Hunhoff (Bernie), Iron Cloud III, Killer, Kirkeby, Munsterman, Olson (Betty), Russell, Turbiville, Verchio, and Wink

A LEGISLATIVE COMMEMORATION, Honoring and supporting the Isabel Celebration in Isabel, South Dakota, on the occasion of the town's centennial anniversary.

WHEREAS, Isabel was settled by hardy pioneers who answered the call to come to north central South Dakota following the Homestead Act of 1908. The settlement of Isabel began in the spring of 1910, the little town began near the track of the Milwaukee railroad, and was organized as a legal corporation in March, 1911; and

WHEREAS, Isabel is rich in ranching, farming, and cultural history, which the residents strive to preserve for future generations; and

WHEREAS, Isabel continues to serve the farmers and ranchers living in the counties of Dewey, Corson, and Ziebach by providing several retail and service businesses and Isabel is the home of Prairie Community Health Clinic which serves the counties of Dewey, Corson, Meade, Perkins, and Ziebach; and

WHEREAS, the centennial anniversary will be celebrated at this year's Isabel Celebration from August 2 through August 7, 2011; and

WHEREAS, part of the centennial celebration will begin with a commemorative wagon train, which will retrace the past wagon route to the old settlements of Gopher and Athboy; and

WHEREAS, the Isabel Celebration offers a variety of exhibits, attractions, events, and entertainment, which include: Isabel's Dakota Daughters steak fry, Isabel All School Reunion, Isabel's Centennial wagon train/trail ride, silent auction, free BBQ, car show, tractor pull, craft fair, pow wows, one big parade, two rodeos, a matched bronc ride, dances, and other musical entertainment:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature congratulates Isabel on its centennial anniversary, and encourages all to attend the Isabel Celebration in August.

SIGNING OF BILLS

The President publicly read the title to

SB 5: FOR AN ACT ENTITLED, An Act to revise the maximum distance from a bridge for posting maximum vehicle weight warning signage.

And signed the same in the presence of the Senate.

Sen. Novstrup moved that the Senate do now adjourn, which motion prevailed and at 3:31 p.m. the Senate adjourned.

Trudy Evenstad, Secretary