Senate Journal 3/9/2011 10:00 AM

JOURNAL OF THE SENATE

EIGHTY-SIXTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 9, 2011

The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Max Kennedy and William Wiseman.

Roll Call: All members present.

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-fourth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of General Timothy A. Reisch of Miner County, Howard, South Dakota, to the position of Adjutant General and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

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 140, 149, 178, and 196 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 68, 76, 130, 132, 146, and 202 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., March 9, 2011.

Respectfully submitted,
Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 156 and 188 were lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 185 was tabled.

Also MR. PRESIDENT:

I have the honor to return herewith SB 3, 86, 152, 190, and 200 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 140, 149, 178, and 196 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1208 and has appointed Reps. Gosch, Novstrup, and Fargen as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Tieszen moved that the Senate do concur in House amendments to SB 33.

The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 33.

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Buhl; Garnos; Hunhoff (Jean); Vehle

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

Sen. Tieszen moved that the Senate do concur in House amendments to SB 35.

The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 35.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Buhl; Hunhoff (Jean); Vehle

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. Nelson moved that the Senate do concur in House amendments to SB 44.

The question being on Sen. Nelson's motion that the Senate do concur in House amendments to SB 44.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Buhl; Hunhoff (Jean); Vehle

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. Rave moved that the Senate do concur in House amendments to SB 133.

The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 133.

And the roll being called:

Yeas 26, Nays 6, Excused 3, Absent 0

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

Nays:
Bradford; Frerichs; Garnos; Hundstad; Maher; Sutton

Excused:
Buhl; Hunhoff (Jean); Vehle

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. Cutler moved that the Senate do concur in House amendments to SB 173.

The question being on Sen. Cutler's motion that the Senate do concur in House amendments to SB 173.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
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

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. Cutler moved that the Senate do concur in House amendments to SB 176.

The question being on Sen. Cutler's motion that the Senate do concur in House amendments to SB 176.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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. Brown moved that the Senate do concur in House amendments to SB 191.

The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 191.

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Brown; Cutler; Fryslie; Garnos; Gray; 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; Tieszen; Vehle

Nays:
Bradford; Buhl; Frerichs; Hundstad

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.

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Rave moved that the report of the Conference Committee on SB 96 as found on page 651 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that the report of the Conference Committee on SB 96 be adopted.

Sen. Tieszen moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 96 as found on page 651 of the Senate Journal and do not appoint a new committee.

The question being on Sen. Tieszen's motion to not adopt the report of the Conference Committee on SB 96 and to not appoint a new committee.

And the roll being called:

Yeas 18, Nays 17, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Brown; Cutler; Gray; Hansen (Tom); Haverly; Heineman; Holien; Kraus; Lederman; Novstrup (Al); Peters; Rampelberg; Rave; Schlekeway; Tieszen

Nays:
Buhl; Frerichs; Fryslie; Garnos; Hundstad; Hunhoff (Jean); Johnston; Krebs; Maher; Nelson (Tom); Nygaard; Olson (Russell); Putnam; Rhoden; Sutton; Tidemann; Vehle

Excused:
Bradford

The President voted Yea.

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

The President announced Sens. Garnos, Olson, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1208.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1248 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1248 be amended as follows:

1248od

On page 1, line 7, of the Senate engrossed bill, delete "December 31, 2012" and insert "July 1, 2013".

Respectfully submitted,    Respectfully submitted,
David Lust    Russell Olson
House Committee Chair    Senate Committee Chair

Sen. Olson moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 11:00 a.m., the Senate recessed.

The Senate reconvened at 2:00 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 33, 35, 44, 133, 173, 176, and 191 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 9 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1003 and 1044.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that the Senate do concur in House amendments to SB 3.

The question being on Sen. Rave's motion that the Senate do concur in House amendments to SB 3.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; 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

Excused:
Frerichs

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 86.

The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 86.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Frerichs; Garnos; Olson (Russell)

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

Sen. Rhoden moved that the Senate do concur in House amendments to SB 152.

The question being on Sen. Rhoden's motion that the Senate do concur in House amendments to SB 152.

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

Yeas:
Adelstein; Bradford; Brown; Cutler; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Begalka; Buhl; Novstrup (Al)

Excused:
Frerichs; Garnos; Olson (Russell)

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. Brown moved that the Senate do concur in House amendments to SB 190.

The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 190.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Frerichs; Garnos; Olson (Russell)

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. Garnos moved that the Senate do concur in House amendments to SB 200.

The question being on Sen. Garnos' motion that the Senate do concur in House amendments to SB 200.

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Yeas:
Adelstein; 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

Nays:
Begalka; Bradford

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

CONSIDERATION OF REPORT OF CONFERENCE COMMITTEE

Sen. Olson moved that the report of the Conference Committee on HB 1248 as found on page 671 of the Senate Journal be adopted.

The question being on Sen. Olson's motion that the report of the Conference Committee on HB 1248 be adopted.

Sen. Novstrup moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on HB 1248 as found on page 671 of the Senate Journal and that a new committee be appointed.

Which motion lost.

Sen. Frerichs moved to appeal the ruling of the chair that HB 1248 needed a simple majority for passage.

The question being "Shall the ruling of the President be overruled?"

Which motion lost.

The question now being on Sen. Olson's motion that the report of the Conference Committee on HB 1248 be adopted.

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Begalka; Bradford; Gray; Hundstad; Maher; Novstrup (Al); Peters; Tieszen

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

Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 10, the 36^th legislative day.

Which motion prevailed.

SC 23 Introduced by: Senators Maher, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Garnos, Gray, 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, Tieszen, and Vehle and Representatives Novstrup (David), Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Juhnke, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Miller, Moser, Nelson (Stace), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Commending and honoring former Army Corporal Frank Buckles for his service in World War I.

WHEREAS, Corporal Frank Buckles was the longest living veteran who served in the armed forces of the Allied nations from April 6, 1917, to November 11, 1918, during World War I; and

WHEREAS, Corporal Frank Buckles was born on February 1, 1901, in Bethany, Missouri. He was living in Oakwood, Oklahoma, when the United States entered World War I. In August 1917, Frank enlisted in the United States Army; and

WHEREAS, while serving the United States, Frank drove Army autos and ambulances during the time he was stationed in Bordeaux, France; and

WHEREAS, after World War I ended, Frank traveled, working for steamship companies. During a business trip to Manila, the Japanese attacked Pearl Harbor and occupied Manila where Frank was imprisoned from December 1941, to February 1945, until an American airborne unit liberated him; and

WHEREAS, Mr. Buckles passed away on February 27, 2011, as the longest surviving veteran of World War I:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-sixth Legislature of the State of South Dakota, that the Legislature honors Corporal Frank Buckles for his outstanding service during World War I and to the United States of America.

SIGNING OF BILLS

The President publicly read the title to

SB 33: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 24/7 sobriety program, to authorize the collection of certain fees, and to authorize the use of ignition interlock devices.

SB 35: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of taking or disseminating pictures without consent and to provide for a felony penalty under certain circumstances.

SB 44: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding representations and warranties in insurance and annuity applications.

SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions related to distribution of funds to sparse school districts.

SB 140: FOR AN ACT ENTITLED, An Act to provide for access critical nursing facilities to ensure access to health care within a reasonable distance.

SB 149: FOR AN ACT ENTITLED, An Act to establish policies for youth athletes with concussions resulting from participation in youth athletic activities.

SB 173: FOR AN ACT ENTITLED, An Act to allow specific details of alleged sex crimes against minors be suppressed under certain conditions.

SB 176: FOR AN ACT ENTITLED, An Act to provide for the crime of human trafficking, to establish the elements and degrees of the crime, and to provide penalties for the violation thereof.

SB 178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the rights and duties of joint legal custodians.

SB 191: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the sales tax on food refund program.

SB 196: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment, to create the ethanol infrastructure incentive fund, to appropriate money to encourage the use of ethanol, and to make transfers into the ethanol infrastructure incentive fund and the revolving economic development and initiative fund.

HB 1067: FOR AN ACT ENTITLED, An Act to revise the lookback period for the enhancement of penalties for multiple assaults and violations of protection orders.

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.

HB 1148: FOR AN ACT ENTITLED, An Act to revise the minimum wage law for certain seasonal employees and to declare an emergency.

HB 1154: FOR AN ACT ENTITLED, An Act to require persons convicted of crimes involving domestic violence to support domestic violence programs.

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning alcoholic beverage licenses issued at the county fairgrounds.

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

HB 1231: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to appropriate the proceeds to the revolving economic development and initiative fund, and to revise certain provisions relating to the sale of certain surplus property.

HB 1232: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate, to provide for the deposit of the proceeds, and to revise certain provisions relating to the sale of certain surplus property.

HB 1234: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain reports to be made to the Board of Economic Development.

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

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

And signed the same in the presence of the Senate.

Sen. Bradford moved that the Senate do now adjourn, which motion prevailed and at 3:11 p.m. the Senate adjourned.

Trudy Evenstad, Secretary