JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

FOURTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 2, 2012

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

The prayer was offered by the Chaplain, Rev. Howard Grinager, followed by the Pledge of Allegiance led by Senate page Seth Smith.

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 thirteenth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill be amended as follows:

127ca

On page 1, line 14, of the printed bill, after "Any" insert "public".

On page 1, line 14, delete "or school seeking state accreditation".

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 79 and 164 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
J. Mark Johnston, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 45 and 195 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 25 and returns the same with the recommendation that said bill be amended as follows:

25aa

On page 4, after line 17 of the printed bill, insert:

"Section 7. Beginning in the 2014-2015 school year, the Department of Education shall develop and implement a financial accountability rating system for public school districts that distinguishes among school districts based on levels of financial performance and includes procedures to provide additional transparency to public education finance to enable the Department of Education and school administrators to provide meaningful financial oversight and improvement. The system shall include uniform indicators that measure school districts' financial management performance.

Section 8. Beginning in the 2014-2015 school year, the Department of Education shall identify school districts that demonstrate high academic achievement and cost-effective operations. In identifying school districts, the department shall:

(1) Integrate existing academic accountability and financial data; and

(2) Rank the results of the calculation in subdivision (1) to identify the relative performance of school districts.

Section 9. Beginning on July 1, 2012, a work group shall provide input in developing the financial accountability rating system described in sections 8 and 9 of this Act. The work group shall consist of the following members:

(1) Five school district business managers appointed by the secretary of education;

(2) Three school superintendents appointed by the secretary of education;

(3) Three representatives of the business community with a knowledge of school finance appointed by the secretary of education;

(4) One representative of the School Administrators of South Dakota appointed by the secretary of education;

(5) One representative of the Associated School Boards of South Dakota appointed by the secretary of education;

(6) One member of the Senate appointed by the president pro tempore of the Senate; and

(7) One member of the House of Representatives appointed by the speaker of the House of Representatives.

Section 10. School districts with the highest twenty percent of rankings as calculated pursuant to section 8 of this Act are eligible for financial incentives and flexibility in spending decisions as determined by the Legislature.

Section 11. The Board of Education shall promulgate rules pursuant to chapter 1-26 to provide for the implementation and administration of the financial accountability rating system established pursuant to section 7 of this Act."

25ab

On the previously adopted amendment (25aa), delete Section 10.

25cta

On page 1, line 2, of the printed bill, after "system" insert "and a new financial accountability rating system".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill be amended as follows:

46ma

On page 2, after line 4 of the printed bill, insert

"Section 5. No general fund dollars may be used for the maintenance and repair of the facilities authorized by this Act."

And that as so amended said bill do pass.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 150 which was tabled.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 143, 152, and 153 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 141 and returns the same with the recommendation that said bill be amended as follows:

141rb

On page 1, line 6, of the printed bill, delete "partner violence (IPV)" and insert "violence".

On page 1, delete lines 8 and 9, insert "bodily injury ~~between family or household members~~, or a pattern of abusive behaviors by one partner in an intimate relationship such as marriage, dating, or cohabitation. Any violation of § 25-".

On page 1, line 12, overstrike "family or household members" and insert "partners in an intimate relationship as defined in this subdivision".

On page 1, line 14, after "household" insert "in an intimate relationship".

On page 2, line 1, after "lived together" insert "in an intimate relationship".

141jta

On page 1, line 1, of the printed bill, delete "expand" and insert "revise".

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 156 and returns the same with the recommendation that said bill be amended as follows:

156oa

On page 1, line 14, of the printed bill, overstrike "or".

On page 2, line 4, after ";" insert "or".

On page 2, line 5, delete everything after "(8)" and insert "Attempts to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth;".

On page 2, delete line 6.

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 136 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 18 was delivered to his Excellency, the Governor, for his approval at 8:50 a.m., February 2, 2012.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 2, 6, 21, and 24 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1036, 1038, 1059, 1070, 1075, 1115, 1124, 1132, 1147, 1173, 1195, 1197, 1202, and 1203 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 2, 6, 21, and 24 which have passed the House without change.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 2 Introduced by: Senators Rhoden, Bradford, Brown, Frerichs, Fryslie, Hunhoff (Jean), Juhnke, Maher, Putnam, Rampelberg, and Sutton and Representatives Vanneman, Brunner, Hoffman, Jensen, Kloucek, Russell, Schrempp, Venner, Verchio, and Wink

A CONCURRENT RESOLUTION, Urging the United States Postal Service to reconsider the closing of post offices in rural South Dakota.

WHEREAS, the United States Postal Service has proposed the closure of eighty rural post offices in South Dakota; and

WHEREAS, the post office closures will place South Dakota's rural communities under stress due to a lack of locations to pick up and drop off mail; and

WHEREAS, of the eighty post offices to be closed, twenty-six are located in western South Dakota, leaving a greater burden on the Rapid City postal service; and

WHEREAS, these post office closures will result in first-class mail delivery changing from overnight to two- or three-day delivery service; and

WHEREAS, the loss of six-day mail delivery will have a negative impact on South Dakota's larger rural communities where mail is delivered on alternating days; and

WHEREAS, the United States Postal Service has been an institution whose purpose for over two hundred years has been to unite our nation with a continuous flow of information. The closing of these rural post offices represents a retreat from that ideal; and

WHEREAS, the closing of eighty South Dakota post offices is part of the United States Postal Service's plan to close 3,653 offices, which represents more that one-tenth of all postal service retail outlets:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-seventh Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature urges the United States Postal Service to reconsider the closing of eighty South Dakota post offices.

Was read the first time, the President waived the referral to committee, and placed SCR 2 on the calendar of Monday, February 6, the 15^th legislative day.

SENATE PAGE RESOLUTION 2 Introduced by: Senators 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; Tidemann; Tieszen; Vehle

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-seventh Legislature of the State of South Dakota to Elizabeth Bogue, Dacey Bryan, Noah Cozad, Luke Crance, Monica Gutierrez, Joseph Knofcsynski, Sean Meginness, Elana Schoeneman, Seth Smith, Kirsten Titze, Thomas Tolton

WHEREAS, the above named served loyally as pages for the Senate of the Eighty-seventh Legislative Session; and

WHEREAS, the members of the Eighty-seventh 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-seventh 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. Rhoden moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Rhoden's motion that Senate page Resolution 2 be adopted.

Which motion prevailed.

Sen. Olson moved that SB 11 and HB 1011, 1069, and 1056 and HJR 1001 be deferred to Monday, February 6, the 15^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on SB 100 as found on page 240 of the Senate Journal; also

Taxation on SB 111 as found on page 241 of the Senate Journal; also

State Affairs on SB 114 as found on page 242 of the Senate Journal; also

State Affairs on SB 124 as found on page 242 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 197 Introduced by: The Committee on Appropriations

FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1036: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions and penalties related to the regulation of grain warehouses, grain buyers, and warehouse receipts.

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

HB 1038: FOR AN ACT ENTITLED, An Act to increase the penalty for leaving the brand inspection area without necessary inspection and authorization.

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

HB 1059: FOR AN ACT ENTITLED, An Act to revise Article 9 of the Uniform Commercial Code.

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

HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the certificate of health requirement for the importation of animals.

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

HB 1075: FOR AN ACT ENTITLED, An Act to allow certain property tax documents to be transmitted electronically.

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

HB 1115: FOR AN ACT ENTITLED, An Act to exempt certain contracts from the competitive bidding requirements for water user districts.

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

HB 1124: FOR AN ACT ENTITLED, An Act to permit a school district, at the discretion of the school district, to pay the fees charged for any criminal background investigation that is required by law for a prospective employee.

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

HB 1132: FOR AN ACT ENTITLED, An Act to prohibit businesses and employers from establishing certain policies against the ability of an invitee or employee to store firearms and ammunition in a locked motor vehicle parked on the premises.

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

HB 1147: FOR AN ACT ENTITLED, An Act to remove the individual liability of a school board member who authorizes the making of a void contract, check or registered warrant.

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

HB 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of the county legal expense relief program.

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

HB 1195: FOR AN ACT ENTITLED, An Act to authorize the collection of fees for certain educational programming and services, and to declare an emergency.

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

HB 1197: FOR AN ACT ENTITLED, An Act to exempt air ambulance services from sales and use taxes.

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

HB 1202: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding reckless and unsafe driving.

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

HB 1203: FOR AN ACT ENTITLED, An Act to revise auditing requirements for water development districts.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 115: FOR AN ACT ENTITLED, An Act to implement the regulation of insurance coverage for portable electronic devices.

Was read the second time.

The question being "Shall SB 115 pass as amended?"

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; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Excused:
Rave

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 91: FOR AN ACT ENTITLED, An Act to allow shareholders or officers of South Dakota corporations or subchapter S corporations to represent the corporation in property tax appeals at the Office of Hearing Examiners.

Was read the second time.

91FB

Sen. Novstrup moved that SB 91 be amended as follows:

On page 1 of the Senate Taxation Committee engrossed bill, delete lines 7 to 11, inclusive, and insert:

"Any officer of a corporation may represent the corporation during a property tax appeal, pursuant to chapter 10-11, to the Officer of Hearing Examiners. No corporation may be required to be represented by an attorney during the property tax appeal before the Officer of Hearing Examiners."

Which motion prevailed.

The question being "Shall SB 91 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rave

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

The question being on the title.

91ftb

Sen. Novstrup moved that the title to SB 91 be amended as follows:

On page 1, line 1, of the Senate Taxation Committee engrossed bill, delete everything after "allow" and insert "officers of corporations to represent corporations in property tax appeals at the Office of Hearing Examiners."

On page 1, delete lines 2 and 3.

Which motion prevailed.

Sen. Olson moved that SB 68 be immediately considered.

Which motion prevailed and SB 68 was up for immediate consideration.

SB 68: FOR AN ACT ENTITLED, An Act to provide that no statute of limitations applies to certain rape offenses.

Was read the second time.

The question being "Shall SB 68 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rave

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 106: FOR AN ACT ENTITLED, An Act to require the disclosure of certain public employee contracts.

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rave

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 103: FOR AN ACT ENTITLED, An Act to revise the procedure for cooperatives giving notice to persons whose records are missing regarding ownership of securities, apportionment of equity interest, money, or property.

Was read the second time.

The question being "Shall SB 103 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Vehle

Excused:
Rave

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 76: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the retirement of justices and judges.

Was read the second time.

The question being "Shall SB 76 pass as amended?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

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

Nays:
Buhl; Cutler; Frerichs; Lederman; Sutton; Tieszen

Excused:
Rave

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 86: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol consumption related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

Was read the second time.

Sen. Olson moved the previous question.

Which motion prevailed.

The question being "Shall SB 86 pass as amended?"

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

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

Nays:
Gray; Juhnke; Maher; Nygaard; Rhoden; Schlekeway

Excused:
Johnston; Rave

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.

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 SB 99 and returns the same with the recommendation that said bill be amended as follows:

99tb

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

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

Any licensee or employee of a licensee who is charged with a felony offense involving a minor, a crime of violence pursuant to subdivision 22-1-2(9), or a felony drug-related offense on the licensed premises is prohibited from entering onto the licensed premises until the charges have been fully adjudicated. A violation of this section is a class 1 misdemeanor."

99ttb

On page 1, line 1 of the printed bill delete everything after "to" and insert "prohibit certain licensees or employees of a licensed establishment who have been charged with certain felony offenses from entering the licensed premises and to provide a penalty therefor."

On page 1, delete line 2.

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 96 and 126 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Nelson, Chair

SIGNING OF BILLS

The President publicly read the title to

SB 2: FOR AN ACT ENTITLED, An Act to repeal and to make style and form revisions to certain provisions related to the Department of Human Services.

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

SB 21: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions relating to the Department of Human Services.

SB 24: FOR AN ACT ENTITLED, An Act to require certain applicants for licensure as a health professional or a licensee who is the subject of a disciplinary investigation to submit to a state and federal criminal background check.

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.

And signed the same in the presence of the Senate.

Sen. Juhnke moved that the Senate do now adjourn, which motion prevailed and at 3:52 p.m. the Senate adjourned.

Fee Jacobsen, Secretary