Senate Journal 3/3/2011 01:00 PM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 3, 2011

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Susan Carr, followed by the Pledge of Allegiance led by Senate page Kara Fischbach.

Roll Call: All members present except Sen. Gray 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 thirty-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,

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 4 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 Kara Fischbach, Peyton Healy, Max Kennedy, Matilyn Kerr, Victoria Kinkler, Regan Olson, Sadie Stevens, Jesse Todd, Kaitlynn Wornson

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. Vehle moved that Senate Page Resolution 4 be adopted.

The question being on Sen. Vehle's motion that Senate Page Resolution 4 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Garnos; 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

Excused:
Gray

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. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1128 which was tabled.

Respectfully submitted,
Tom Nelson, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1235 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 HB 1093, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1093cc

On the House engrossed bill, delete everything after the enacting clause and insert:

"Section 1. That § 13-6-97 be amended to read as follows:

13-6-97. Any school district that has a fall enrollment, as defined in § 13-13-10.1, of less than one hundred and is not a sparse school district, as defined in § 13-13-78, shall reorganize with another school district or school districts to create a newly reorganized school district with a fall enrollment of one hundred or greater. Any school district that is not sparse and has a fall enrollment of one hundred or less on July 1, 2007, shall prepare a plan for reorganization by June 30, 2009. After July 1, 2007, if the fall enrollment of any school district that is not sparse falls to one hundred or below, that school district shall prepare a plan for reorganization within two years. If any such district fails to prepare a plan for reorganization by the deadline, the Board of Education shall prepare a reorganization plan for the district. However, the provisions of this section do not apply to any school district ~~that contracts with a school district in another state pursuant to § 13-15-11 to provide for the education of children in grades seven through~~

~~twelve who reside within the district,~~ that receives no foundation program state aid distributed pursuant to chapter 13-13, and that is located at least twenty-five miles from the nearest high school in an adjoining school district in the state. "

1093ctd

On page 1, line 1, of the House engrossed bill, delete everything after "An Act to" and insert "revise the criteria used to exempt certain school districts from the requirement to reorganize."

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Cooper Garnos, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Scott A. Vance of Meade County, Faith, South Dakota, to the State Brand Board 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 Catherine M. Peterson of McCook County, Salem, 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,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1087, 1219, and 1242 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1003 and 1145 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Debra Flute of Roberts County, South Dakota, to the Board of Pardons and Paroles 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 Judiciary respectfully reports that it has had under consideration HB 1161 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1245 and returns the same with the recommendation that said bill be amended as follows:

1245bb

On page 2 of the printed bill, delete lines 1 to 24, inclusive.

On page 3, delete lines 1 to 3, inclusive.

1245bta

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

On page 1, line 1, delete "salary".

On page 1, line 2, delete "and".

And that as so amended said bill do pass.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 55, 57, 93, 101, 114, 121, 158, and 187 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 81 and 123 were lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to return herewith SB 57, 93, 101, 114, 121, 158, and 187 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 77, 80, 109, and 151 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Frerichs moved that the Committee on Education be instructed to deliver HB 1229 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion lost.

Sen. Cutler moved that the Committee on Judiciary be instructed to deliver HB 1184 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

Sen. Olson moved that the Senate do concur in House amendments to SB 68.

The question being on Sen. Olson's motion that the Senate do concur in House amendments to SB 68.

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Bradford; Haverly; Vehle

Excused:
Gray; Maher; Tieszen

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

Sen. Schlekeway moved that the Senate do concur in House amendments to SB 130.

The question being on Sen. Schlekeway's motion that the Senate do concur in House amendments to SB 130.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gray; Tieszen

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

Sen. Peters moved that the Senate do concur in House amendments to SB 146.

The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 146.

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Hundstad

Excused:
Gray; Tieszen

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

SCR 7: A CONCURRENT RESOLUTION, Urging Congress to enact legislation banning bisphenol A in children's products.

Was read the second time.

Sen. Buhl moved that SCR 7 as found on page 537 of the Senate Journal be adopted.

The question being on Sen. Buhl's motion that SCR 7 be adopted.

And the roll being called:

Yeas 17, Nays 16, Excused 2, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Cutler; Frerichs; Fryslie; Hundstad; Johnston; Krebs; Lederman; Nelson (Tom); Nygaard; Rampelberg; Schlekeway; Sutton; Tidemann

Nays:
Brown; Garnos; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Kraus; Maher; Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Vehle

Excused:
Gray; Tieszen

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1044 as found on page 584 of the Senate Journal; also

State Affairs on HB 1141 as found on page 585 of the Senate Journal; also

Health and Human Services on HB 1255 as found on page 586 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive appointment of Paul R. Christen of Beadle County, Huron, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of Paul R. Christen pursuant to the executive message as found on page 494 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Gray; Rhoden; Tieszen

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Olson moved that HB 1231 be deferred to Monday, March 7, the 33^rd legislative day.

Which motion prevailed.

Sen. Olson moved that HB 1230 be placed to precede HB 1033 on today's calendar.

Which motion prevailed.

HB 1230: FOR AN ACT ENTITLED, An Act to establish the large project development fund, to provide for its administration, and to make an appropriation therefor.

Was read the second time.

Sen. Brown moved the previous question.

Which motion prevailed.

The question being "Shall HB 1230 pass?"

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

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

Nays:
Buhl; Frerichs; Hundstad; Sutton

Excused:
Bradford; Gray; Tieszen

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

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Maher

Excused:
Gray; Tieszen

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 1062: FOR AN ACT ENTITLED, An Act to adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

Was read the second time.

The question being "Shall HB 1062 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Gray; Tieszen

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.

Sen. Olson moved that HB 1067, 1130, 1148, 1154, 1194, 1208, 1221, 1228, 1232, 1234, 1240, and 1244 be deferred to Monday, March 7, the 33^rd legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 55: FOR AN ACT ENTITLED, An Act to allow the shooting of coyotes from snowmobiles.

SB 57: FOR AN ACT ENTITLED, An Act to revise the investment fee rate for certain employers and to declare an emergency.

SB 93: FOR AN ACT ENTITLED, An Act to authorize an organization to contribute to a political action committee and to set a limit on contributions.

SB 101: FOR AN ACT ENTITLED, An Act to provide a penalty for denying access to public records.

SB 114: FOR AN ACT ENTITLED, An Act to provide that parties to a divorce or separate maintenance action be restrained from making changes to insurance coverage.

SB 121: FOR AN ACT ENTITLED, An Act to authorize an alcoholic beverage retail license for certain malt beverage and wine dealers.

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.

SB 187: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the dairy inspection fund.

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

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.

HB 1104: FOR AN ACT ENTITLED, An Act to revise the deadline for withdrawing from a primary election.

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

HB 1179: FOR AN ACT ENTITLED, An Act to permit local political subdivisions with volunteer advanced life support personnel to establish deferred compensation plans.

HB 1207: FOR AN ACT ENTITLED, An Act to allow the consignment or auction of certain out-of-state vehicles and motorcycles.

And signed the same in the presence of the Senate.

Sen. Buhl moved that the Senate do now adjourn, which motion prevailed and at 2:49 p.m. the Senate adjourned.

Trudy Evenstad, Secretary