Senate Journal 1/24/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 24, 2012

The Senate convened at 2:00 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 pages Noah Cozad and Kirsten Titze.

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 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,

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Patrick J. Burchill of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive appointment of Patrick J. Burchill pursuant to the executive message as found on page 93 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
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 appointment of Andy Gerlach of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue.

The question being "Does the Senate advise and consent to the executive appointment of Andy Gerlach pursuant to the executive message as found on page 119 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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 appointment of Laurie Gill of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Human Services.

The question being "Does the Senate advise and consent to the executive appointment of Laurie Gill pursuant to the executive message as found on page 120 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Adelstein; Nygaard

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

President ProTempore Gray now presiding.

The Senate proceeded to the consideration of the executive appointment of Matthew Michels of Yankton County, Yankton, South Dakota, to the position of Interim Secretary of the Department of Veterans Affairs.

The question being "Does the Senate advise and consent to the executive appointment of Matthew Michels pursuant to the executive message as found on page 120 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

President Matt Michels now presiding.

The Senate proceeded to the consideration of the executive appointment of Jeffrey P. Marlette of Pennington County, Box Elder, South Dakota, to the position of Assistant Adjutant General, Army.

The question being "Does the Senate advise and consent to the executive appointment of Jeffrey P. Marlette pursuant to the executive message as found on page 120 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Hundstad; 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 appointment of Leroy LaPlante of Clay County, Vermillion, South Dakota, to the position of Secretary of the Department of Tribal Relations.

The question being "Does the Senate advise and consent to the executive appointment of Leroy LaPlante pursuant to the executive message as found on page 120 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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 appointment of James Hagen of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism.

The question being "Does the Senate advise and consent to the executive appointment of James Hagen pursuant to the executive message as found on page 121 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 39 and 41 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 6 to 15, inclusive, and insert:

"Notwithstanding the provisions of § 35-1-5.6, a licensee that is licensed to sell wine on-sale may permit a customer to bring a sealed and unopened bottle of wine onto the licensed premises for consumption by the customer while eating a meal that was prepared by the licensee and that was served at a table on the licensed premises. The licensee may charge a corkage fee for serving wine supplied by a customer. The customer may carry out the unconsumed portion of the bottle of wine if it is securely resealed by the licensee with a cork or other similar cap and placed in a sealed bag or other container. The licensee shall also attach the receipt for the meal and any corkage fee to the bag or container. A bottle of wine that is recorked and sealed as provided in this section is not a violation of the provisions of § 35-1-9.1 if the cork and the seal have not been disturbed.

Section 2. That chapter 35-1 be amended by adding thereto a NEW SECTION to read as follows:

A licensee that is licensed to sell wine on-sale may permit a customer to carry out the unconsumed portion of a bottle of wine if the customer purchased the bottle of wine from the licensee and consumed a portion of it with a meal that was prepared and served by the licensee at a table on the licensed premises. The licensee shall securely reseal the bottle of wine with a cork or other similar cap and place the bottle in a sealed bag or other container. The licensee shall also attach a receipt for the meal and the wine to the bag or container. A bottle of wine that is recorked and sealed as provided in this section is not a violation of the provisions of § 35-1-9.1 if the cork and the seal have not been disturbed."

And that as so amended said bill do pass.

Respectfully submitted,
Tom Nelson, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1012, 1021, 1031, 1047, 1050, and 1052 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on SB 20 as found on page 118 of the Senate Journal; also

Health and Human Services on SB 15 as found on page 119 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 139 Introduced by: Senators Heineman, Adelstein, Johnston, Kraus, and Tidemann and Representatives Sly, Blake, Brunner, Dennert, Elliott, Fargen, Feickert, Gibson, Hawley, Hunhoff (Bernie), Iron Cloud III, Jones, Killer, Kirschman, Kloucek, Lucas, Miller, Olson (Betty), Schrempp, Sigdestad, Street, and Wismer

FOR AN ACT ENTITLED, An Act to establish the Teach for America grant program within the Department of Education and to make an appropriation therefor.

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

SB 140 Introduced by: Senators Putnam, Cutler, Haverly, Hunhoff (Jean), Krebs, Nelson (Tom), Nygaard, Peters, Rhoden, Sutton, Tidemann, and Tieszen and Representatives Romkema, Abdallah, Carson, Deelstra, Dennert, Gosch, Hansen (Jon), Hawley, Hoffman, Kirkeby, Novstrup (David), Street, Turbiville, Van Gerpen, Vanneman, Verchio, and Wink

FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding glazing material on motorcycle windshields and wind deflectors.

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

SB 141 Introduced by: Senators Peters, Buhl, Cutler, Holien, Nelson (Tom), and Nygaard and Representatives Gibson, Abdallah, Blake, Hunhoff (Bernie), Kirkeby, Perry, Street, and Turbiville

FOR AN ACT ENTITLED, An Act to expand the legal definition of the term, domestic abuse.

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

SB 142 Introduced by: Senators Nygaard and Tidemann and Representatives Street, Carson, Perry, and Wink

FOR AN ACT ENTITLED, An Act to impose the sales tax on the gross receipts derived from renting mini-storage units, self-storage units, or storage space and the use tax on the use of mini-storage units, self-storage units, or storage space.

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

SB 143 Introduced by: Senators Nygaard, Frerichs, and Peters and Representatives Hoffman, Boomgarden, Cronin, Dennert, Feickert, Perry, Turbiville, and Wick

FOR AN ACT ENTITLED, An Act to increase the number of allowable nonresident waterfowl hunting days.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 144 Introduced by: Senators Lederman, Frerichs, Maher, Nelson (Tom), and Rampelberg and Representatives Miller, Hansen (Jon), Kloucek, and Rozum

FOR AN ACT ENTITLED, An Act to amend provisions regarding captive insurance companies.

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

SB 145 Introduced by: Senators Cutler, Brown, Maher, Novstrup (Al), Schlekeway, and Tieszen and Representatives Kirkeby, Bolin, Gosch, Hawley, Perry, Rausch, Solum, and Willadsen

FOR AN ACT ENTITLED, An Act to prohibit rebates and regulate contracts for residential roofing goods and services.

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

SB 146 Introduced by: Senators Cutler, Krebs, and Peters and Representatives Moser, Blake, Elliott, Gibson, Gosch, Hickey, Kirkeby, Lucas, Magstadt, Rozum, Sigdestad, and Street

FOR AN ACT ENTITLED, An Act to provide for an affirmative defense of compulsion for the crime of prostitution.

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

SB 147 Introduced by: Senators Peters, Gray, and Olson (Russell) and Representatives Novstrup (David), Cronin, Hawley, Moser, Rausch, Tulson, and Verchio

FOR AN ACT ENTITLED, An Act to limit compensatory damages in civil actions related to death or injury.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1012: FOR AN ACT ENTITLED, An Act to require public hearings for applications for oil and gas orders only if contested and to reduce the number of hearing notice publications required for oil and gas cases.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the rights of victims of crime.

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

HB 1031: FOR AN ACT ENTITLED, An Act to establish a license fee and a renewal fee for carriers licensing under the International Fuel Tax Agreement, to establish a decal fee and a mailing fee, and to provide for the disposition of the fees.

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

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to military law.

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding National Guard discipline and courts-martial.

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

HB 1052: FOR AN ACT ENTITLED, An Act to grant discretion to the court with regard to personal appearances in certain adoption appearances.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Peters requested that SB 17 be removed from the Consent Calendar.

Pursuant to Senate Rule 6-1, the President removed SB 16 from the Consent Calendar.

CONSIDERATION OF CONSENT CALENDAR EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Alan D. Ruhlman of Brown County, Aberdeen, South Dakota, to the Career Service Commission.

The question being "Does the Senate advise and consent to the executive appointment of Alan D. Ruhlman pursuant to the executive message as found on page 120 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Nygaard

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding habeas corpus.

Was read the second time.

Sen. Vehle moved that SB 42 be further amended as follows:

On page 2, line 14, of the Senate Judiciary Committee engrossed bill, delete "made" and insert "is".

On page 3, line 21, after "Court" insert "and the South Dakota Supreme Court".

Which motion prevailed.

The question being "Shall SB 42 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Buhl; Frerichs; Hundstad; Sutton

Excused:
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.

SB 6: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for various state employees.

Was read the second time.

The question being "Shall SB 6 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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.

SB 61: FOR AN ACT ENTITLED, An Act to exempt the production of certain plants and sod from sales and use taxes.

Was read the second time.

Sen. Brown moved that SB 61 be referred to the Committee on Appropriations.

Which motion prevailed.

SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alcohol or drug commitments.

Was read the second time.

The question being "Shall SB 14 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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.

Sen. Hansen moved that the Senate do now adjourn, which motion prevailed and at 3:10 p.m. the Senate adjourned.

Fee Jacobsen, Secretary