JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION



FOURTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 13, 2012

    The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Lauren Nelson.

    Roll Call: All members present except Buhl, Krebs, Nygaard, Peters and Putnam 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 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.
COMMUNICATIONS AND PETITIONS

December 19, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Patricia Simmons, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2015.

Sincerely,
Dennis Daugaard
Governor

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

December 19, 2011

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Terry Sabers, Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 20 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 2 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 Health and Human Services respectfully reports that it has had under consideration SB 21 and returns the same with the recommendation that said bill be amended as follows:

21sa

    On page 3, after line 2 of the printed bill, insert:

    "Section 6. That § 36-9-28 be amended to read as follows:

    36-9-28. This chapter does not prohibit:

            (1)    Any nursing assistance in an emergency;

            (2)    The practice of nursing included in a program of study by a student enrolled in an approved program for the preparation of registered nurses or licensed practical nurses;

            (3)    The practice of a legally qualified nurse from another state employed by the United States government and performing her official duty in this state;
            (4)    Gratuitous care of friends or members of the family;

            (5)    Domestic administration of family remedies, or care of the sick by domestic servants, housekeepers, companions or household aides of any type, whether employed regularly or because of an emergency or illness, but who shall not in any way assume to practice nursing as defined in this chapter;

            (6)    The nursing or care of the sick, with or without compensation, when done in connection with the practice of the religious tenets of any church by adherents thereof, so long as they do not engage in the practice of nursing as defined in this chapter;

            (7)    The practice of nursing in this state by a nurse currently licensed in another state or territory whose employment requires her to accompany and care for a patient in South Dakota during one such employment not to exceed three months in length; provided, however, that such person shall not hold herself out to be licensed in this state;

            (8)    The practice of the functions of a certified registered nurse anesthetist by a registered nurse enrolled as a student in an approved program for the preparation of certified registered nurse anesthetists;

            (9)    The practice of nursing in this state by a nurse currently licensed in another state, territory or foreign country who is present in this state to lecture relative to the practice of nursing for a period of not more than five days;

            (10)    The administration of medications, other than by the parenteral route, by staff of community support providers, group homes, and supervised apartments certified or approved by the Department of Social Services Department of Human Services, when under the supervision of a licensed registered nurse. The Department of Social Services Department of Human Services, in consultation with the South Dakota Board of Nursing, shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;

            (11)    The assistance with or performance of bowel and bladder care, other than the insertion or removal of suprapubic and foley catheters, by domestic servants, housekeepers, companions or household aides, at the direction of a person needing such care who resides independently outside of any hospital, nursing or health care facility or other similar institutional setting;

            (12)    The administration of medications, other than by the parenteral route, by staff of community mental health centers, community mental health residential facilities, and community support services programs certified or approved by the Department of Social Services. The administration of medications shall be under the direct or indirect supervision of a registered nurse. The Department of Social Services and the South Dakota Board of Nursing shall promulgate rules pursuant to chapter 1-26 for administration of medications by such staff;
            (13)    The services performed in accordance with § 28-8A-10 by a personal attendant when acting at the direction of a person with a disability.;

            (14)    The practice of nursing included in a program of study by a registered nurse enrolled in an approved program for the preparation of a clinical nurse specialist. "

    And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

REPORT OF JOINT-SELECT COMMITTEE

MR. PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Eighty-sixth Legislative Session be adopted as the joint rules of the Eighty-seventh Legislative Session with the following changes:

    The deadline for All Bill Drafts with Sponsors due back in LRC by 5 PM moves from the 12th Legislative Day to the 10th Legislative Day.

    The Final Day to introduce individual Bills and Joint Resolutions moves from the 13th Legislative Day to the 10th Legislative Day.

    The Final Day to introduce committee bills and joint resolutions moves from the 14th Legislative Day to the 11th Legislative Day.


CHAPTER 17. LEGISLATIVE DEADLINES


Legislative Deadlines  

Legislative Action  
40 Day Session  
33 Day Session  
Final day for introduction of individual bills and joint resolutions   15th Day   10th Day  
Final day for introduction of committee bills and joint resolutions*   16th Day   11th Day  
Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house   26th Day   19th Day  
Last day to move required delivery of bills or resolutions by a committee to the house of origin*   27th Day   20th Day  
Last day to pass bills or joint resolutions by the house of origin*   28th Day   21st Day  
Final day for introduction of concurrent resolutions   28th Day   26th Day  
During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)   34th Day on   27th Day on  
Last day to move required delivery of bills or resolutions by a committee to the second house*   35th Day   28th Day  
Last day for a bill or joint resolution to pass both houses*   36th Day   29th Day  
Two days preceding the final two days of a legislative session shall be reserved for concurrences or action upon conference committee reports   37th Day
38th Day
  		30th Day
31st Day
 
The final day of a legislative session is reserved for the consideration of vetoes   40th Day   33rd Day  
* This deadline does not apply to the general appropriations bill.  

17-1. Calendar less than 40 days. If a Session Calendar is adopted for a period of thirty-six (36) days to thirty-nine (39) days, inclusive, the legislative deadlines set forth in Chapter 17 of the Joint Rules for a thirty-five (35) day session shall be increased by the same number of days by which the length of the adopted calendar exceeds thirty-five (35) days.

    The joint rules and the rules of the Senate and House shall be printed in the House Journal.

Respectfully submitted,    Respectfully submitted,
Val Rausch        Bob Gray
David Lust        Russell Olson
Bernie Hunhoff        Jason Frerichs
House Committee        Senate Committee

MOTIONS AND RESOLUTIONS

    Sen. Gray moved to amend the 2012 Session Calendar by moving Legislative Day 5 to Thursday, January 19, 2012; Legislative Day 32 to Friday, March 2, 2012; Legislative Day 33 to March 19, 2012, eliminating Legislative Days 34 and 35 and adjusting the remaining Calendar appropriately.

    Which motion prevailed.

CONSIDERATION OF REPORT OF COMMITTEE

    Sen. Olson moved that the report of the Standing Committee on

    Commerce and Energy on SB 11 as found on page 50 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 58 Introduced by: Senators Schlekeway, Bradford, Buhl, Frerichs, Gray, Haverly, Heineman, Holien, Hunhoff (Jean), Juhnke, Novstrup (Al), Olson (Russell), Peters, Rampelberg, and Rhoden and Representatives Kirkeby, Abdallah, Boomgarden, Deelstra, Fargen, Hansen (Jon), Hickey, Hoffman, Kopp, Lucas, Lust, Olson (Betty), Rausch, Sly, Tulson, Turbiville, Verchio, Wick, and Willadsen

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning elections conducted at voting centers and to declare an emergency.

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

    Sen. Olson moved that SB 7, 12, 13, 26, 27, 28, 53, and 54 be deferred to Thursday, January 19, the 5th legislative day.

    Which motion prevailed.

    Sen. Bradford moved that the Senate do now adjourn, which motion prevailed and at 1:00 p.m. the Senate adjourned.

Fee Jacobsen, Secretary