Senate Journal 2/24/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 24, 2011

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

The prayer was offered by the Chaplain, Rev. Don Block, followed by the Pledge of Allegiance led by Senate page Regan Olson.

Roll Call: All members present except Sen. Nygaard 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-sixth 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 David Linngren, Watertown School District Board of Education, who was selected as the Associated School Boards of South Dakota Outstanding School Board Member for 2010, to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1007, 1246, 1247, and 1249 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 HB 1008 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 10, of the printed bill, delete everything after "facilities" .

On page 1, line 11, delete "leases".

On page 1, between lines 11 and 12 of the printed bill, insert:

(3) Maintain and repair the Sanford School of Medicine building occupied under capital lease located on Lot 9 except the North 14 Feet, Lots 10 through 14, the East 7.7 Feet of Lots 15, 18 and 19, and the East 7.7 Feet except the North 14 Feet of Lot 20, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition, and the West one-half of the vacated portion of Euclid Avenue adjacent to Lot 9 except the North 14 Feet and Lots 10, 11 and 12, Block 2, Hayward Investment Company Subdivision of Block A of Hayward's Addition to the City of Sioux Falls, Minnehaha County, South Dakota;".

On page 1, line 12, overstrike "(3)" and insert "(4)".

On page 2, line 1, overstrike "(4)" and insert "(5)".

On page 1, line 2, of the printed bill, after "repair" insert "certain".

And that as so amended said bill do pass.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1196 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "shall" and insert "may".

On page 1, line 6, delete "shall" and insert "may".

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

On page 1, line 10, delete "shall" and insert "may".

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 Julie A. Mathiesen of Meade County, Sturgis, 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 appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Kathryn Johnson of Pennington County, Hill City, 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 Harvey Jewett of Brown County, Aberdeen, 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 HB 1153 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1207 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 HB 1056 and 1058 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1184 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 1, 59, and 112 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1128, 1219, 1240, 1242, 1243, 1244, and 1255 which have passed the House and your favorable consideration is respectfully requested.

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 second time.

Sen. Begalka moved that the Senate do concur in HCR 1004 as found on page 278 of the House Journal.

The question being on Sen. Begalka's motion that the Senate do concur in HCR 1004.

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

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

Nays:
Bradford; Buhl; Frerichs; Hundstad; Sutton

Excused:
Cutler; Nygaard

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

HCR 1009: A CONCURRENT RESOLUTION, Urging the reinstatement and funding of federal inspection programs governing equine slaughter and processing facilities.

Was read the first time, the President waived the referral to committee, and placed HCR 1009 on the calendar of Friday, February 25, the 28^th legislative day.

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 25, the 28^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on HB 1085 as found on page 495 of the Senate Journal; also

Local Government on HB 1173 as found on page 495 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1128: FOR AN ACT ENTITLED, An Act to modify the registration of certain anemometer towers used for wind energy testing purposes.

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

HB 1219: FOR AN ACT ENTITLED, An Act to extend certain protections against precipitous eviction to certain long-term tenants at will.

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

HB 1240: FOR AN ACT ENTITLED, An Act to exempt certain sales of non-temperature-controlled baked goods from certain licensing requirements.

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

HB 1242: FOR AN ACT ENTITLED, An Act to authorize the use of tribal identification cards as the equivalent of certain state-issued documents for identification purposes.

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

HB 1243: FOR AN ACT ENTITLED, An Act to revise the property tax levies for the general fund of a school district.

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

HB 1244: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state.

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

HB 1255: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of children under certain circumstances.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1081: FOR AN ACT ENTITLED, An Act to eliminate the requirement that certain political subdivisions purchase an accounting manual.

Was read the second time.

The question being "Shall HB 1081 pass?"

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); Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Haverly; Nygaard

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 1092: FOR AN ACT ENTITLED, An Act to revise the time frame for conducting hearings to vacate municipal streets or alleys.

Was read the second time.

The question being "Shall HB 1092 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding local historic preservation projects.

Was read the second time.

The question being "Shall HB 1099 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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 1162: FOR AN ACT ENTITLED, An Act to authorize the secretary of state to allow a person in charge of election to use the state system.

Was read the second time.

The question being "Shall HB 1162 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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

Sen. Olson moved that HB 1041 be deferred to Monday, February 28, the 29^th legislative day.

Which motion prevailed.

Sen. Olson moved that HB 1044, 1070, 1119, 1146, and 1216 be deferred to Friday, February 25, the 28^th legislative day.

Which motion prevailed.

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 second time.

The question being "Shall HB 1002 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Garnos; Gray; Hansen (Tom); Hundstad; Hunhoff (Jean); Johnston; Krebs; Lederman; Maher; Nelson (Tom); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

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

Excused:
Haverly; Nygaard

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 1045: FOR AN ACT ENTITLED, An Act to authorize dental hygienists to provide preventive and therapeutic services to more persons under certain circumstances.

Was read the second time.

The question being "Shall HB 1045 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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

Was read the second time.

The question being "Shall HB 1118 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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

Was read the second time.

The question being "Shall HB 1133 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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

Was read the second time.

The question being "Shall HB 1175 pass as amended?"

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Cutler; Frerichs; Garnos; Gray; Hansen (Tom); Heineman; Hundstad; Johnston; Krebs; Lederman; Nelson (Tom); Novstrup (Al); Olson (Russell); Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Brown; Fryslie; Holien; Hunhoff (Jean); Kraus; Maher; Peters; Putnam; Rampelberg

Excused:
Haverly; Nygaard

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

Sen. Gray announced his intention to reconsider the vote by which HB 1175 lost.

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

Was read the second time.

The question being "Shall HB 1094 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Haverly; Nygaard

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.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 59, and 112 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

SIGNING OF BILLS

The President publicly read the title to

SB 1: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes related to natural resources.

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.

SB 112: FOR AN ACT ENTITLED, An Act to repeal the provision that requires county treasurers to collect the oldest delinquent property tax first.

And signed the same in the presence of the Senate.

Sen. Schlekeway moved that the Senate do now adjourn, which motion prevailed and at 3:14 p.m. the Senate adjourned.

Trudy Evenstad, Secretary