Senate Journal 2/25/2011 01:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 25, 2011

The Senate convened at 1:00 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 pages Peyton Healy and Jesse Todd.

Roll Call: All members present except Sens. Haverly and Nygaard 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-seventh 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.

COMMUNICATIONS AND PETITIONS

January 25, 2011

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Debra Flute, Roberts County, Browns Valley, South Dakota, to the Board of Pardons and Paroles.

This reappointment is effective immediately, and shall continue until January 19, 2015.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the reappointment to the Committee on Judiciary.

February 24, 2011

Mr. President and Members of the Senate:

I have the honor to inform you that on February 24, 2011, I approved Senate Bills 19, 21, 42, 47, and 49, 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 Local Government respectfully reports that it has had under consideration HB 1051, 1114, 1169, and 1201 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 1174 and returns the same with the recommendation that said bill be amended as follows:

1174ta

On page 1, line 6, of the printed bill, delete "may".

And that as so amended said bill do pass.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1192 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1248 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1139 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 State Affairs respectfully reports that it has had under consideration HB 1147 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1061 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 4, 6, 23, 25, 26, 27, 28, 37, 38, 53, 61, 62, 75, 90, and 106 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 39 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 2, 4, 6, 23, 25, 26, 27, 28, 37, 38, 53, 61, 62, 75, 90, and 106 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1011: A CONCURRENT RESOLUTION, Expressing support for civic education in the public schools in South Dakota, and recognizing March 9, 2011, as Civic Education Day at the state capitol.

Was read the first time, the President waived the referral to committee, and placed HCR 1011 on the calendar of Monday, February 28, the 29^th legislative day.

SCR 6 Introduced by: Senators Adelstein, Fryslie, Lederman, Nygaard, and Rampelberg and Representatives Hunhoff (Bernie), Blake, Elliott, Gibson, Iron Cloud III, Jones, Kirkeby, Kloucek, and Lucas

A CONCURRENT RESOLUTION, In support of reforming the federal Toxic Substances Control Act of 1976.

WHEREAS, children and the developing fetus are uniquely vulnerable to the health threats of toxic chemicals, and early-life chemical exposures have been linked to chronic disease later in life; and

WHEREAS, a growing body of peer-reviewed scientific evidence links exposure to toxic chemicals to many diseases and health conditions that are rising in incidence, including childhood cancers, prostate cancer, breast cancer, learning and developmental disabilities, infertility, and obesity; and

WHEREAS, the President's Cancer Panel report released in May 2010 states that "the true burden of environmentally induced cancers has been grossly underestimated," and the panel advised the President "to use the power of your office to remove the carcinogens and other toxins from our food, water, and air that needlessly increase health care costs, cripple our nation's productivity, and devastate American lives"; and

WHEREAS, workers in a range of industries are exposed to toxic chemicals that pose threats to their health, increasing worker absenteeism, worker compensation claims, and health care costs which burden the economy; and

WHEREAS, a recent national poll found that seventy-eight percent of likely American voters were seriously concerned about the threat to children's health from exposure to toxic chemicals in day-to-day life; and

WHEREAS, states bear an undue burden from toxic chemicals, including health care costs and environmental damages, disadvantaging businesses who lack information on chemicals in their supply chain and increasing demands for state regulation; and

WHEREAS, the primary governing federal statute, the Toxic Substances Control Act of 1976 (TSCA), was intended to authorize the U.S. Environmental Protection Agency (EPA) to protect public health and the environment from toxic chemicals; and

WHEREAS, when TSCA was passed approximately 62,000 chemicals in commerce were "grandfathered in" without any required testing for health and safety hazards or any restrictions on usage; and

WHEREAS, in the thirty-five years since TSCA passed, the EPA has required chemical companies to test only two hundred of those chemicals for health hazards and has issued partial restrictions on only five chemicals; and

WHEREAS, TSCA has been widely recognized as ineffective and obsolete due to legal and procedural hurdles that prevent the EPA from taking quick and effective regulatory action to protect the public against well-known chemical threats; and

WHEREAS, in January 2009, the U.S. General Accounting Office added the EPA's regulatory program for assessing and controlling toxic chemicals to its list of high risk government programs that are not working as intended, finding that the EPA has been unable to complete assessments even of chemicals of highest concern. The EPA requires additional authority to obtain health and safety information from the chemical industry and to shift more of the burden to chemical companies to demonstrate the safety of their products, and TSCA does not provide sufficient chemical safety data for public use by consumers, businesses, and workers and fails to create incentives to develop safer alternatives; and

WHEREAS, the National Conference of State Legislatures unanimously adopted a resolution in July 2009 that articulated principles for TSCA reform and called on Congress to act to update the law; and

WHEREAS, in August 2010, the Environmental Council of States unanimously adopted a resolution entitled "Reforming the Toxic Substances Control Act," which endorses specific policy reforms; and

WHEREAS, ten states have come together to launch the Interstate Chemicals Clearinghouse to coordinate state chemical information management programs, and a coalition of thirteen states issued guiding principles for TSCA reform; and

WHEREAS, seventy-one state laws on chemical safety have been enacted and signed into law in eighteen states with broad bipartisan support over the last eight years; and

WHEREAS, state policy leadership on chemical management, although outstanding, cannot substitute for Congressional leadership to reform TSCA, a reform which all parties agree is urgently needed; and

WHEREAS, TSCA is the only major federal environmental statute that has never been updated or reauthorized; and

WHEREAS, legislation to substantially reform TSCA was introduced during the 109th Congress in 2005, the 110th Congress in 2008, and again in the 111th Congress in 2010:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South

Dakota Legislature encourages the United States Congress to enact federal legislation to modernize the Toxic Substances Control Act of 1976 to strengthen chemicals management through policy reforms.

Was read the first time, the President waived the referral to committee, and placed SCR 6 on the calendar of Monday, February 28, the 29^th legislative day.

SCR 7 Introduced by: Senators Buhl, Adelstein, Begalka, Cutler, Lederman, and Nygaard and Representatives Feinstein, Blake, Elliott, Gibson, Hickey, Hubbel, Hunhoff (Bernie), Iron Cloud III, Jones, Kirkeby, Kloucek, Kopp, Lucas, Nelson (Stace), Sly, and Stricherz

A CONCURRENT RESOLUTION, Urging Congress to enact legislation banning bisphenol A in children's products.

WHEREAS, bisphenol A (BPA) is a hazardous toxin that can have adverse effects on humans and animals and is found in many plastics, food and drink packaging, baby bottles, teething devices, toys, and other child care articles, and children and babies are exposed to this product on a regular basis; and

WHEREAS, there is substantial evidence that BPA has been shown to have hormone disrupting effects. Newborns and infants are a population particularly vulnerable to the effects of BPA; and

WHEREAS, a number of states have banned or introduced legislation banning the sale, manufacturing, and distribution of toys, child care articles, baby bottles, and food containers made with BPA, but comprehensive federal legislation is needed to create a national standard for manufacturers, retailers, and other distributors; and

WHEREAS, Canada and the European Union recently enacted bans on baby bottles containing BPA, and in Japan the canning industry voluntarily removed BPA from epoxy resin can liners, an action which reduced BPA in blood levels in people by as much as fifty percent; and

WHEREAS, the increasing public concern over products containing BPA has led many companies to voluntarily limit the use of this toxic chemical, or in some cases, completely remove BPA from children's products, baby bottles, and reusable water bottles; and

WHEREAS, it is in the public interest to urge the United States Congress to enact legislation banning bisphenol A from children's products:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-sixth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature respectfully urges the United States Congress to enact legislation banning bisphenol A from children's products.

Was read the first time, the President waived the referral to committee, and placed SCR 7 on the calendar of Monday, February 28, the 29^th legislative day.

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

Sen. Gray moved that the Senate do now reconsider the vote by which HB 1175 lost.

The question being on Sen. Gray's motion to reconsider the vote by which HB 1175 lost.

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

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

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

Excused:
Haverly; Nygaard

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1175 was up for reconsideration and final passage.

Sen. Gray moved that HB 1175 be placed on the calendar of Monday, February 28, the 29^th legislative day.

Which motion prevailed and HB 1175 was so placed.

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

Was read the second time.

Sen. Sutton moved that the Senate do concur in HCR 1009 as found on page 462 of the House Journal.

The question being on Sen. Sutton's motion that the Senate do concur in HCR 1009.

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Adelstein

Excused:
Haverly; Nelson (Tom); Nygaard

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on HB 1008 as found on page 518 of the Senate Journal; also

Education on HB 1196 as found on page 519 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Julie A. Mathiesen of Meade County, Sturgis, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive appointment of Julie A. Mathiesen pursuant to the executive message as found on page 407 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Haverly; Lederman; Nygaard

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 Harvey Jewett of Brown County, Aberdeen, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive reappointment of Harvey Jewett pursuant to the executive message as found on page 406 of the Senate Journal?"

And the roll being called:

Yeas 29, Nays 1, Excused 5, Absent 0

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

Nays:
Maher

Excused:
Haverly; Lederman; Nygaard; Olson (Russell); Rave

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 Kathryn Johnson of Pennington County, Hill City, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive reappointment of Kathryn Johnson pursuant to the executive message as found on page 406 of the Senate Journal?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Haverly; Lederman; Nygaard; Olson (Russell); Rave

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Olson requested that HB 1056 be removed from the Consent Calendar.

HB 1058: FOR AN ACT ENTITLED, An Act to clarify the definition of motor vehicle for the purpose of supplemental automobile liability insurance.

Was read the second time.

The question being "Shall HB 1058 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, 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); Peters; Putnam; Rampelberg; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Haverly; Nygaard; Olson (Russell); 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1044: FOR AN ACT ENTITLED, An Act to revise certain water project district voter eligibility provisions.

Was read the second time.

Sen. Hundstad moved that HB 1044 be referred to the Committee on Local Government.

Which motion prevailed.

Sen. Olson moved that HB 1007, 1047, 1070, 1085, 1119, 1146, 1173, 1207, 1216, 1246, 1247, and 1249 be deferred to Monday, February 28, the 29^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 2: FOR AN ACT ENTITLED, An Act to repeal, update, and make form and style revisions to certain provisions related to the Bureau of Administration.

SB 4: FOR AN ACT ENTITLED, An Act to update certain standards governing pedestrian control signals.

SB 6: FOR AN ACT ENTITLED, An Act to provide for the transfer of the state's interests in the Sisseton National Guard Armory to the city of Sisseton.

SB 23: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations regarding pipeline safety inspection.

SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of funds in the telephone solicitation account.

SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the implementation of a proposed rate or practice by a gas or electric public utility.

SB 27: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the State Electrical Commission.

SB 28: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authority of the secretary of transportation to create limited speed zones through highway work areas and to declare an emergency.

SB 37: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction and renovation of a combined minimum security and parole facility in Rapid City and to declare an emergency.

SB 38: FOR AN ACT ENTITLED, An Act to establish network adequacy standards, quality assessment and improvement requirements, utilization review and benefit determination requirements, and grievance procedures for managed health care plans, and to repeal certain standards for managed health care plans.

SB 53: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the Veterans Commission and to veterans' rights, benefits, and services.

SB 61: FOR AN ACT ENTITLED, An Act to authorize board members of sanitary districts to contract with the districts in limited cases.

SB 62: FOR AN ACT ENTITLED, An Act to revise procedures and amounts relating to compensation and expense reimbursement for sanitary district board members.

SB 75: FOR AN ACT ENTITLED, An Act to revise the requirements for the annual conference held for the directors of equalization.

SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incremental districts.

SB 106: FOR AN ACT ENTITLED, An Act to provide for reciprocal nonresident trapping licenses.

And signed the same in the presence of the Senate.

Sen. Rave moved that the Senate do now adjourn, which motion prevailed and at 2:00 p.m. the Senate adjourned.

Trudy Evenstad, Secretary