Senate Journal 2/16/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 16, 2011

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

The prayer was offered by the Chaplain, Rev. Karl Kroger, followed by the Pledge of Allegiance led by Senate page Cassandra Mraz.

Roll Call: All members present except Sens. Krebs and Schlekeway who were 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-second 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 the Mitchell School Board who received the Associated School Boards of South Dakota's School Board Award of Excellence for 2011 to the body.

COMMUNICATIONS AND PETITIONS

February 15, 2011

Mr. President and Members of the Senate:

I have the honor to inform you that on February 15, 2011, I approved Senate Bill 18, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 181 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 140 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. The Department of Social Services shall designate access critical nursing facilities annually as part of the medicaid rate setting process. The department shall designate the access critical nursing facilities according to the following criteria:

(1) No other nursing facility is located within twenty miles;

(2) The nursing facility is located in the largest municipality within thirty-five miles, unless the next closest nursing facility is located more than fifty miles from any other nursing facility;

(3) The nursing facility provides skilled nursing facility services;

(4) The nursing facility is integrated with other health care services, either through affiliation with other services or through formal agreement;

(5) The projected nursing facility demand within the county in which the facility is located is less than sixty beds in 2015; and

(6) The nursing facility agrees to relinquish any excess moratorium beds that are authorized pursuant to § 34-12-35.4."

On page 1, line 1, of the printed bill, delete everything after "to" and insert "provide for access critical nursing facilities to ensure access to health care within a reasonable distance."

And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1044, 1057, and 1096 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 Local Government respectfully reports that it has had under consideration HB 1118 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 2, of the printed bill, delete "a".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 175 and returns the same without recommendation.

Respectfully submitted,
Reid Holien, Vice Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 187 and 188 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 124 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 3, of the printed bill, delete "fifty thousand" and insert "one".

On page 1, line 4, delete "dollars ($50,000)" and insert "dollar ($1)".

On page 1, line 3, of the printed bill, delete "from the general fund" and insert "in other fund expenditure authority".

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 199 which was tabled.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Pat Costello of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism & State Development 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 State Affairs respectfully reports that it has had under consideration the nomination of Patricia LeBrun of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology 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 State Affairs respectfully reports that it has had under consideration SB 56, 150, 170, and 201 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 21, 47, and 49 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1047, 1056, 1087, 1130, 1144, 1145, and 1256 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 21, 47, and 49 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 114 as found on page 427 of the Senate Journal; also

Judiciary on SB 176 as found on page 428 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Peters moved that the word NOT be stricken from the report of the Committee on Commerce and Energy on SB 87 as found on page 428 of the Senate Journal and that SB 87 be placed on the calendar of Tuesday, February 22, the 25^th legislative day.

The question being on Sen. Peters' motion that the word NOT be stricken from the report of the Committee on Commerce and Energy on SB 87 and that SB 87 be placed on the calendar of Tuesday, February 22, the 25^th legislative day.

And the roll being called:

Yeas 21, Nays 12, Excused 2, Absent 0

Yeas:
Adelstein; Brown; Buhl; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Johnston; Kraus; Maher; Nygaard; Peters; Rampelberg; Rhoden; Sutton; Tidemann; Tieszen

Nays:
Begalka; Bradford; Frerichs; Garnos; Hundstad; Lederman; Nelson (Tom); Novstrup (Al); Olson (Russell); Putnam; Rave; Vehle

Excused:
Krebs; Schlekeway

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

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Barry Jensen of Mellette County, White River, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of Barry Jensen pursuant to the executive message as found on page 408 of the Senate Journal?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Brown; Krebs; Nygaard; Schlekeway; Tidemann

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 appointment of James C. Spies of Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of James C. Spies pursuant to the executive message as found on page 266 of the Senate Journal?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Brown; Krebs; Nygaard; Schlekeway; Tidemann

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 appointment of Patrick L. Weber of McCook County, Montrose, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive appointment of Patrick L. Weber pursuant to the executive message as found on page 266 of the Senate Journal?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

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

Excused:
Brown; Hundstad; Krebs; Nygaard; Schlekeway; Tidemann

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 Terry Baloun of Faulk County, Highmore, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive reappointment of Terry Baloun pursuant to the executive message as found on page 261 of the Senate Journal?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Brown; Hundstad; Krebs; Nygaard; Schlekeway; Tidemann

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 Randy Morris of Lawrence County, Spearfish, South Dakota, to the State Board of Regents.

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

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Brown; Krebs; Nygaard; Schlekeway; Tidemann

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 Steven Pirner of Hughes County, Pierre, South Dakota, as Secretary of the Department of Environment and Natural Resources.

The question being "Does the Senate advise and consent to the executive reappointment of Steven Pirner pursuant to the executive message as found on page 259 of the Senate Journal?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

Excused:
Brown; Hundstad; Krebs; Nygaard; Schlekeway; Tidemann

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 1047: FOR AN ACT ENTITLED, An Act to revise certain prairie dog shooting season provisions.

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

HB 1056: FOR AN ACT ENTITLED, An Act to establish an additional time period during which fireworks may be sold and discharged and to revise certain provisions regarding county regulation of fireworks.

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

HB 1087: FOR AN ACT ENTITLED, An Act to address comprehensibly the liability relationship between a trespasser and a person with a possessory interest in land.

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

HB 1130: FOR AN ACT ENTITLED, An Act to allow certain adult children of overseas citizens to vote in the state.

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

HB 1144: FOR AN ACT ENTITLED, An Act to create a statutory lien for certain health care providers.

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

HB 1145: FOR AN ACT ENTITLED, An Act to provide for the identification of the law applicable to certain claims for damages.

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

HB 1256: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of new or used vehicles and the sale of certain emergency vehicles.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that SB 126 and HB 1002, 1045, 1070, and 1133 be deferred to Thursday, February 17, the 24^th legislative day.

Which motion prevailed.

Sen. Olson moved that SB 152 be deferred to Tuesday, February 22^nd, the 25^th legislative day.

Which motion prevailed.

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the employment of a city manager and to declare an emergency.

Was read the second time.

The question being "Shall SB 98 pass as amended?"

And the roll being called:

Yeas 29, Nays 0, Excused 6, Absent 0

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

Excused:
Brown; Krebs; Nygaard; Olson (Russell); Schlekeway; Tidemann

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 123: FOR AN ACT ENTITLED, An Act to allow military spouses to receive unemployment compensation if they leave their jobs due to a spouse's military transfer.

Was read the second time.

The question being "Shall SB 123 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Adelstein; Begalka; Bradford; 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; Sutton; Tieszen; Vehle

Excused:
Brown; Krebs; Schlekeway; Tidemann

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 158: FOR AN ACT ENTITLED, An Act to toll the Department of Environment and Natural Resources administrative rules on underground injection control Class III wells and in situ leach mining until the department obtains primary enforcement authority of the comparable federal programs.

Was read the second time.

The question being "Shall SB 158 pass?"

And the roll being called:

Yeas 29, Nays 2, Excused 4, Absent 0

Yeas:
Adelstein; Begalka; 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; Sutton; Tieszen; Vehle

Nays:
Bradford; Buhl

Excused:
Brown; Krebs; Schlekeway; Tidemann

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 193: FOR AN ACT ENTITLED, An Act to authorize counties to issue additional on-sale licenses for certain facilities located on hunting preserves.

Was read the second time.

The question being "Shall SB 193 pass as amended?"

And the roll being called:

Yeas 30, Nays 2, Excused 3, 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; Peters; Putnam; Rampelberg; Rave; Rhoden; Sutton; Tieszen; Vehle

Nays:
Bradford; Olson (Russell)

Excused:
Krebs; Schlekeway; Tidemann

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

Was read the second time.

Sen. Novstrup moved that HB 1001 be amended as follows:

On page 1, line 8, of the printed bill, delete "~~shall~~ may" and insert "shall".

On page 1, line 9, delete "~~shall~~ may" and insert "shall".

On page 1, line 9, overstrike everything after "rents" .

On page 1, overstrike line 10.

On page 1, line 11, overstrike everything before "."

Sen. Heineman requested a roll call vote.

Which request was supported.

The question being on Sen. Novstrup's motion that HB 1001 be amended.

And the roll being called:

Yeas 13, Nays 17, Excused 5, Absent 0

Yeas:
Adelstein; Bradford; Brown; Haverly; Heineman; Holien; Johnston; Kraus; Lederman; Novstrup (Al); Olson (Russell); Peters; Rampelberg

Nays:
Begalka; Buhl; Frerichs; Fryslie; Garnos; Hansen (Tom); Hundstad; Hunhoff (Jean); Maher; Nelson (Tom); Nygaard; Putnam; Rave; Rhoden; Sutton; Tieszen; Vehle

Excused:
Cutler; Gray; Krebs; Schlekeway; Tidemann

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

The question being "Shall HB 1001 pass?"

And the roll being called:

Yeas 22, Nays 9, Excused 4, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Hundstad; Hunhoff (Jean); Johnston; Maher; Nelson (Tom); Nygaard; Putnam; Rave; Rhoden; Sutton; Tieszen; Vehle

Nays:
Brown; Haverly; Heineman; Holien; Kraus; Novstrup (Al); Olson (Russell); Peters; Rampelberg

Excused:
Krebs; Lederman; Schlekeway; Tidemann

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 1015: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

Was read the second time.

The question being "Shall HB 1015 pass?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Brown; Krebs; Lederman; Schlekeway; Tidemann

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.

HB 1034: FOR AN ACT ENTITLED, An Act to revise the requirement for motor vehicle liability insurance safety rating discounts for certain older motor vehicle drivers.

Was read the second time.

The question being "Shall HB 1034 pass as amended?"

And the roll being called:

Yeas 19, Nays 11, Excused 5, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Garnos; Hansen (Tom); Haverly; Hundstad; Hunhoff (Jean); Johnston; Nelson (Tom); Nygaard; Putnam; Rave; Rhoden; Sutton; Tieszen

Nays:
Brown; Fryslie; Heineman; Holien; Kraus; Maher; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Vehle

Excused:
Gray; Krebs; Lederman; Schlekeway; Tidemann

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.

SIGNING OF BILLS

The President publicly read the title to

SB 21: FOR AN ACT ENTITLED, An Act to eliminate the requirement for single action hardware on primary exit doors for specialty resorts and vacation homes.

SB 47: FOR AN ACT ENTITLED, An Act to revise certain firm ownership provisions regarding real estate license holders and to make form and style revisions to certain provisions related to the Real Estate Commission.

SB 49: FOR AN ACT ENTITLED, An Act to authorize the Real Estate Commission to commence actions for injunctions against certain individuals and entities that engage in the practice of real estate without a license issued and to provide for recovery of costs of the injunction proceedings by the commission.

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to private shooting preserves.

HB 1006: FOR AN ACT ENTITLED, An Act to authorize certain air guns for use in hunting certain animals.

HB 1023: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding how South Dakota Retirement System survivor benefits and disability benefits are handled in regard to children.

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vacancies on the Board of Trustees of the South Dakota Retirement System.

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the taxation of telecommunications companies.

HB 1080: FOR AN ACT ENTITLED, An Act to modify the date on which the annual financial reports of school districts are considered past due.

And signed the same in the presence of the Senate.

Sen. Nygaard moved that the Senate do now adjourn, which motion prevailed and at 4:07 p.m. the Senate adjourned.

Trudy Evenstad, Secretary