Senate Journal 2/17/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

TWENTY-FOURTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 17, 2011

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

The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate pages Kendra Lauer and Elizabeth Strohman.

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-third 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.

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

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 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 Leah Cypher, Elaina Deadrick, Cristina Drey, Ashley Higdon, Kendra Lauer, Frankie Lux, Cassandra Mraz, Sammi Nachtigal, Olivia Siglin, Elizabeth Strohman, Mariah Waters

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. Nelson moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Nelson's motion that Senate Page Resolution 3 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Sutton; Tidemann; Tieszen; 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.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 17, 2011

Mr. President and Members of the Senate:

I have the honor to inform you that on February 17, 2011, I approved Senate Bill 9, 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 Education respectfully reports that it has had under consideration HB 1175 and returns the same with the recommendation that said bill be amended as follows:

1175cg

On page 2, line 4, of the House engrossed bill, delete everything after "school" and insert "in three years or less;".

On page 2, delete line 5.

On page 2, line 12, delete "grade twelve" and insert "a fourth year".

On page 2, delete lines 16 and 17, and insert:

"The amount of the scholarship shall be calculated as follows:

(1) Multiply the per student allocation as defined in subdivision 13-13-10.1(4) by seventy-five percent; and

(2) Multiply the result of subdivision (1) by the percentage of the statewide local need as defined in subdivision 13-13-10.1(5) that is paid with funds appropriated for state aid to general education pursuant to chapter 13-13."

On page 2, line 18, delete everything before "One".

On page 3, line 2, delete "eleventh grade year" and insert "graduation from high school".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Richard Gowen of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education 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 Donald Kirkegaard of Marshall County, Britton, South Dakota, to the South Dakota Board of Education 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 197 which was tabled.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 48 and 143 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 202 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 Commerce and Energy respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill be amended as follows:

161ja

On page 4, line 11, of the printed bill, delete "of the United States armed forces" and insert "as defined in § 33-17-1".

On page 9, after line 4, insert:

"Section 12. Nothing in this Act prohibits preferential treatment toward any veteran."

161jb

On page 4, line 4, of the printed bill, delete "age,".

On page 4, line 14, delete "age,".

On page 4, line 20, delete "age,".

On page 5, line 2, delete "age,".

On page 5, line 15, delete "age,".

On page 5, line 19, delete "age,".

On page 6, line 2, delete "age,".

On page 7, line 7, delete "age,".

On page 7, line 15, delete "age,".

On page 7, line 19, delete "age,".

On page 8, line 10, delete "age,".

On page 8, line 20, delete "age,".

On page 9, line 3, delete "age,".

161jta

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

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

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 141 and returns the same with the recommendation that said bill be amended as follows:

141rb

On page 1, line 5, of the printed bill, delete "offense" and insert "misdemeanor offense of underage consumption, open container, or public intoxication,".

On page 1, line 13, delete "offense" and insert "misdemeanor offense of underage consumption, open container, or public intoxication,".

141rc

On page 1, line 7, of the printed bill, after "of" insert "emergency".

On page 1, line 10, after "of" insert "emergency".

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

156rb

On page 2 of the printed bill, delete lines 21 to 24, inclusive.

156ra

On page 1 of the printed bill, delete lines 8 to 12, inclusive, and insert:

"Section 2. For the purposes of this Act, an unauthorized alien is any person who does not have the legal right or authorization under federal law to work in the United States."

On page 2, delete lines 10 to 20, inclusive.

156re

On page 2, line 1, of the printed bill, after "program" insert "or through completion of I-9 forms".

156rtb

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

On page 1, delete line 2.

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

172fb

On page 1, line 7, of the printed bill, delete "~~Category B~~ Category A" and insert "Category B".

On page 1, line 9, after "actions" insert ", personal injury actions, and actions brought under § 37-24-31".

On page 2, line 10, delete "~~Category B~~ Category A" and insert "Category B".

On page 2, line 11, after "actions" insert ", personal injury actions, and actions brought under § 37-24-31".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Lynnette B. Gordon of Lawrence County, Deadwood, South Dakota, to the Crime Victims' Compensation Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 19 and 42 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 5 was delivered to his Excellency, the Governor, for his approval at 10:20 a.m., February 17, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 19 and 42 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1033, 1053, 1149, 1169, 1192, 1201, 1228, 1235, 1246, 1247, and 1249 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

Appropriations on SB 124 as found on page 444 of the Senate Journal; also

Health and Human Services on SB 140 as found on page 442 of the Senate Journal; also

Local Government on HB 1118 as found on page 444 of the Senate Journal be adopted.

Which motion prevailed.

No motion having been made for the disposition of SB 175, pursuant to Joint Rule 6F-6, the bill was declared lost.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Pat Costello of Hughes County, Pierre, South Dakota, as Secretary of the Department of Tourism and State Development.

The question being "Does the Senate advise and consent to the executive appointment of Pat Costello pursuant to the executive message as found on page 311 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Krebs; Schlekeway

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 Patricia LeBrun of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Patricia LeBrun pursuant to the executive message as found on page 267 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Maher

Excused:
Krebs; Schlekeway

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 1033: FOR AN ACT ENTITLED, An Act to provide for the registration and regulation of appraisal management companies.

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

HB 1053: FOR AN ACT ENTITLED, An Act to repeal the requirement to provide notice to abutting counties when changing the county plan or ordinances.

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

HB 1149: FOR AN ACT ENTITLED, An Act to allow legal residents of the United States to obtain a concealed pistol permit.

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

HB 1169: FOR AN ACT ENTITLED, An Act to provide for the enlargement of special zoning areas, to revise certain provisions regarding special zoning areas, and to provide for the appointment of special zoning area commissions.

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

HB 1192: FOR AN ACT ENTITLED, An Act to increase certain registration fees for the use of motor vehicles on the public highways.

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

HB 1201: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

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

HB 1228: FOR AN ACT ENTITLED, An Act to increase the bonding limit for the four technical institutes.

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

HB 1235: FOR AN ACT ENTITLED, An Act to require an interim legislative study of the state's delivery of postsecondary education, how it compares to other models of delivery, and the economic impact of other models of delivery.

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

HB 1246: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, midlevel practitioners, and dentists who have complied with the requirements of the physician tuition reimbursement program, the midlevel tuition reimbursement program, and the dental tuition reimbursement program.

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

HB 1247: FOR AN ACT ENTITLED, An Act to make an appropriation to fund property and sales tax refunds for certain elderly persons and persons with a disability.

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

HB 1249: FOR AN ACT ENTITLED, An Act to authorize a carryover of the fiscal year 2011 state aid to special education appropriation to fiscal year 2012.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Brown requested that HB 1044 be removed from the Consent Calendar.

HB 1057: FOR AN ACT ENTITLED, An Act to repeal the provision that requires the county auditor to assist in locating unregistered mobile homes.

Was read the second time.

The question being "Shall HB 1057 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
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; Sutton; Tidemann; Tieszen; Vehle

Excused:
Adelstein; Krebs; Schlekeway

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

Was read the second time.

The question being "Shall HB 1096 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Adelstein; Krebs; Schlekeway

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 114, 126, 136, 176, 187, and 188 and HB 1002, 1045, 1070, and 1133 be deferred to Tuesday, February 22^nd, the 25^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 19: FOR AN ACT ENTITLED, An Act to update certain provisions pertaining to motor carrier safety and the transportation of hazardous materials.

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.

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.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 13 Introduced by: Senators Cutler, Adelstein, Begalka, Bradford, Brown, Buhl, Frerichs, Fryslie, Garnos, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Johnston, Kraus, Lederman, Maher, Nelson (Tom), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Greenfield, Abdallah, Bolin, Boomgarden, Brunner, Conzet, Cronin, Deelstra, Dryden, Gosch, Haggar, Hansen (Jon), Hickey, Hoffman, Hubbel, Hunt, Juhnke, Kirkeby, Kopp, Liss, Lust, Magstadt, Miller, Moser, Munsterman, Nelson (Stace), Olson (Betty), Perry, Rausch, Rozum, Russell, Schaefer, Sly, Solum, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, White, Wick, and Willadsen

A LEGISLATIVE COMMEMORATION, Recognizing the work of the Girl Scouts in combating bullying and cyber bullying.

WHEREAS, "Girl scouting builds girls of courage, confidence, and character, who make the world a better place"; and

WHEREAS, almost thirty percent of young people in the United States, more than 5.7 million, are estimated to be involved in bullying, either as a bully, a target, or both; and

WHEREAS, an estimated 160,000 students miss school every day because of fear of bullying; and

WHEREAS, Girl Scouts-Dakota Horizons is a National Advocacy Champion leading advocacy efforts in these areas with a focus on education and advocacy efforts that affect policy for South Dakota youth in relation to aggression and bullying:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature recognizes the South Dakota Girl Scouts for their efforts in the struggle against bullying and cyber bullying.

Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at 2:38 p.m. the Senate adjourned.

Trudy Evenstad, Secretary