Senate Journal 1/31/2011 02:00 PM

JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 31, 2012

The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Joseph Knofczynski.

Roll Call: All members present except Sen. Tideman 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 eleventh 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 Education respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "any" insert "current or prior".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Bob Gray, Vice Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 11 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the Senate Commerce and Energy Committee engrossed bill, delete "grants and".

On page 2, line 14, delete "grants and".

On page 2, line 20, delete "or recoup a grant".

On page 3, line 1, delete "and grants".

On page 3, line 4, after "initiative loan" delete "or grant".

On page 3, line 4, after "the loan" delete "or grant".

On page 3, line 8, delete "or grant".

On page 1, line 2, of the Senate Commerce and Energy Committee engrossed bill, delete "and grant".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 1, of the printed bill, overstrike "a".

On page 2, line 3, delete "week for two consecutive weeks".

On page 2, line 16, delete "a week for two consecutive weeks".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

On page 4, line 4, of the printed bill, after "refund" insert "or credit".

On page 9, line 19, after "violates" delete "an" and insert "any".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 109 which was deferred to the 36^th Legislative Day.

Respectfully submitted,
Eldon Nygaard, Vice-Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1003 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1011, 1012, and 1013 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 88 and 129 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 149 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 68 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 7, of the printed bill, after "to" insert "subdivisions (1) or (2) of".

On page 2, line 9, after "." insert "Otherwise a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes of age twenty-five or within seven years of the commission of the crime, whichever is longer."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 76 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the printed bill, delete lines 5 to 13, inclusive, and insert:

"16-1-4.1.A justice of the Supreme Court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such justice. Such justice shall conclude all matters pending before him or her unless the Supreme Court makes other provisions for the disposition of such matters. Moreover, the Chief Justice of the Supreme Court may, from year to year, permit such justice to continue to serve, after attaining retirement age, for all or any portion of the unexpired term. "

On page 2, delete lines 1 to 9, inclusive, and insert:

"16-6-31.A judge of a circuit court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such judge. Such judge shall conclude all matters pending before him or her unless the Supreme Court makes other provisions for the disposition of such matters. Moreover, the Chief Justice of the Supreme Court may, from year to year, permit such judge to continue to serve, after attaining retirement age, for all or any portion of the unexpired term. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete everything after "any" .

On page 1, line 6, delete "consumption of alcohol" and insert "violation of § 35-9-2".

On page 1, line 10, after "of" insert "emergency".

On page 1, line 11, after "with" insert "the emergency".

On page 2, line 2, delete "offense".

On page 2, line 3, delete "arising out of underage consumption of alcohol" and insert "violation of § 35-9-2".

On page 2, line 6, after "with" insert "the emergency".

And that as so amended said bill do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 18 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 18 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1005, 1018, 1027, 1040, 1042, 1043, 1044, 1057, 1077, 1078, and 1094 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 1: A CONCURRENT RESOLUTION, Honoring the University of South Dakota on its one hundred fiftieth anniversary.

Was read the second time.

Sen. Nygaard moved that SCR 1 as found on page 209 of the Senate Journal be adopted.

The question being on Sen. Nygaard's motion that SCR 1 be adopted.

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); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tieszen; Vehle

Excused:
Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on SB 22 as found on page 206 of the Senate Journal; also

Taxation on SB 91 as found on page 208 of the Senate Journal; also

Local Government on SB 102 as found on page 207 of the Senate Journal; also

Local Government on SB 101 as found on page 207 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the excuse from attendance of children receiving alternative instruction.

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

HB 1018: FOR AN ACT ENTITLED, An Act to repeal certain obsolete or unnecessary provisions pertaining to the Department of Game, Fish and Parks.

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

HB 1027: FOR AN ACT ENTITLED, An Act to repeal certain outdated or unnecessary statutes related to the Division of Behavioral Health within the Department of Social Services.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1040: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

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

HB 1042: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes relating to the State Cement Plant Commission.

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

HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the full-time equivalent staffing report.

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

HB 1044: FOR AN ACT ENTITLED, An Act to repeal certain statutes relating to the Bureau of Intergovernmental Relations.

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

HB 1057: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the manner in which county wheel taxes are imposed.

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

HB 1077: FOR AN ACT ENTITLED, An Act to authorize municipalities to establish incidental accounts.

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

HB 1078: FOR AN ACT ENTITLED, An Act to allow certain structures or facilities previously used as an elevator to be classified as agricultural property.

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

HB 1094: FOR AN ACT ENTITLED, An Act to require the filing of certain documents relating to the vacation, location, or changing of highways with the register of deeds.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 83: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to water development districts.

Was read the second time.

The question being "Shall SB 83 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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

Was read the second time.

The question being "Shall SB 140 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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 104: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the investment of public funds.

Was read the second time.

The question being "Shall SB 104 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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 73: FOR AN ACT ENTITLED, An Act to repeal the provisions regarding the assessment of real property located in a floodplain.

Was read the second time.

The question being "Shall SB 73 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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 SENATE BILLS AND JOINT RESOLUTIONS

SB 35: FOR AN ACT ENTITLED, An Act to update certain citations to federal regulations and increase certain civil penalties regarding pipeline safety inspection.

Was read the second time.

The question being "Shall SB 35 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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.

SB 65: FOR AN ACT ENTITLED, An Act to revise the list of products offered to consumers by motor vehicle dealers and sales finance companies.

Was read the second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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 38: FOR AN ACT ENTITLED, An Act to provide for the transfer of control of an office building in Rapid City, to make an appropriation for the construction and renovation of the office building, and to declare an emergency.

Was read the second time.

The question being "Shall SB 38 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, 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; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rave; Rhoden; Schlekeway; Sutton; Tieszen; Vehle

Nays:
Hundstad; Maher

Excused:
Rampelberg; Tidemann

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.

SB 78: FOR AN ACT ENTITLED, An Act to allow an arrest to be expunged when the criminal case is dismissed.

Was read the second time.

The question being "Shall SB 78 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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 93: FOR AN ACT ENTITLED, An Act to provide for the withdrawal of referred measures in certain circumstances.

Was read the second time.

The question being "Shall SB 93 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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 123: FOR AN ACT ENTITLED, An Act to revise how the taxes are applied to rural electric companies.

Was read the second time.

The question being "Shall SB 123 pass?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Buhl; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Peters; Putnam; Rampelberg; Rhoden; Schlekeway; Sutton; Tieszen; Vehle

Nays:
Adelstein; Brown; Cutler; Heineman; Holien; Hundstad; Novstrup (Al); Olson (Russell); Rave

Excused:
Tidemann

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1014: FOR AN ACT ENTITLED, An Act to prohibit false statements on applications for certain loans, grants, or other financial assistance and to provide a penalty therefor.

Was read the second time.

The question being "Shall HB 1014 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Tidemann

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.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

HB 1016: FOR AN ACT ENTITLED, An Act to repeal certain rules relating to use of the centennial logo.

HB 1024: FOR AN ACT ENTITLED, An Act to repeal the authorization to sell certain surplus real estate under the control of the Department of Corrections in Aurora County and Minnehaha County.

HB 1048: FOR AN ACT ENTITLED, An Act to expand the Board of Military Affairs.

And signed the same in the presence of the Senate.

Sen. Holien moved that the Senate do now adjourn, which motion prevailed and at 3:30 p.m. the Senate adjourned.

Fee Jacobsen, Secretary