JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 6, 2012

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

The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate pages Amy Beyl and Caley Dauwen.

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 fourteenth 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.

The oath of office was administered by the President to the following named persons:

Pages _ Amy Beyl, Caley Dauwen, Zane Frederick, Haley Hohn, Emily Ketteler, Lucas Peterson, Thea Rave, Madeline Schueller, Shelby Simon, Tessa Stoltenburg

Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 107 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 Transportation respectfully reports that it has had under consideration SB 81 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That § 32-5-109.4 be amended to read as follows:

32-5-109.4. An owner of a motor vehicle, who is a resident of this state, who has a valid South Dakota driver's license, and who signs an affidavit attesting to the fact that he or she is an honorably discharged veteran having served on active duty in the armed forces of the United States or who is currently serving on active duty in the armed forces of the United States, may apply to the secretary to receive a set of special motor vehicle license plates designating the person as a veteran or active duty member. If an owner of a motor vehicle falsely attests that he or she is an honorably discharged veteran having served on active duty in the armed forces of the United States or is currently serving on active duty in the armed forces of the United States, the owner is guilty of a Class 2 misdemeanor. The plate may allow for additional indication of the conflict, rank, or status of the veteran or active duty member. The special plates shall be displayed as set forth in § 32-5-98. The special license plate shall be reflectorized and validated each year with a sticker in the same manner as a noncommercial license plate. In addition to the noncommercial license plate fees an additional fee of ten dollars shall be charged for the initial issuance of the special license plates. ~~However, no additional fee may be charged for the renewal stickers placed on the special license plates.~~ If it is determined that the veteran or active duty member owner does not qualify for the special plates or if the veteran or active duty member owner dies, the plates shall be surrendered to the county treasurer of the applicant's residence. However, if the veteran or active duty member owner dies, the special plates may be

retained by the veteran or active duty member owner's family, but may not be displayed on the vehicle beyond the expiration of the plates or renewal stickers. The treasurer shall notify the secretary who shall make the necessary changes in the registration file. Failure to surrender the special license plates as required by this section is a Class 2 misdemeanor. "

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

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 113 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 6, of the printed bill, after "medal" insert "and has a valid South Dakota driver license".

On page 1, line 7, delete "a maximum of two sets of".

On page 2, line 9, after "medal" insert "and has a valid South Dakota driver license".

On page 2, line 10, delete "a maximum of two sets of".

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

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1154 and returns the same with the recommendation that said bill be amended as follows:

1154fb

On page 1, line 8, of the House Transportation Committee engrossed bill, after "membership" delete "and the" and insert ". The".

On page 1, line 9, after "constructed" insert "shall".

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

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 189 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 137 and HB 1077 and 1094 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 Local Government respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill be amended as follows:

70fb

On page 8 of the printed bill, delete lines 8 to 10, inclusive.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1057 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 142 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 110 and 120 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 162 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 13, of the printed bill, delete everything after "." .

On page 2, delete line 14.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 22, of the printed bill, delete everything after "." .

On page 2, delete line 23.

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

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 167 and 170 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 1 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1029, 1035, 1114, 1116, 1121, 1125, 1171, 1183, 1186, and 1190 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that SB 71 be deferred to Tuesday, February 7, the 16^th legislative day.

Which motion prevailed.

Sen. Rave moved that SB 124 be deferred to Tuesday, February 14, the 21^st legislative day.

Which motion prevailed.

Sen. Rave moved that HB 1069 be deferred to Tuesday, February 7, the 16^th legislative day.

Which motion prevailed.

SCR 2: A CONCURRENT RESOLUTION, Urging the United States Postal Service to reconsider the closing of post offices in rural South Dakota.

Was read the second time

Sen. Rhoden moved that SCR 2 as found on page 258 of the Senate Journal be adopted.

The question being on Sen. Rhoden's motion that SCR 2 be adopted.

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nay
Tieszen

Excused:
Gray; Peters

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

HCR 1005: A CONCURRENT RESOLUTION, Urging Congress to clearly delegate responsibility for the regulation of hydraulic fracturing to the states.

Was read the first time, the President waived the referral to committee, and placed HCR 1005 on the calendar of Tuesday, February 7, the 16^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 127 as found on page 254 of the Senate Journal; also

Appropriations on SB 25 as found on page 254 of the Senate Journal; also

Appropriations on SB 46 as found on page 256 of the Senate Journal; also

Judiciary on SB 141 as found on page 256 of the Senate Journal; also

Judiciary on SB 156 as found on page 257 of the Senate Journal; also

Commerce and Energy on SB 99 as found on page 267 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1029: FOR AN ACT ENTITLED, An Act to authorize the publication of the names of certain delinquent taxpayers.

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

HB 1035: FOR AN ACT ENTITLED, An Act to allow the disclosure of the status of certain insurance investigations and examinations.

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

HB 1114: FOR AN ACT ENTITLED, An Act to amend provision limiting the time used to determine if a violation is a third or subsequent offense.

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

HB 1116: FOR AN ACT ENTITLED, An Act to exempt bedding used for agricultural purposes from sales and use taxes.

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

HB 1121: FOR AN ACT ENTITLED, An Act to amend rate stability provisions to include plant additions.

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

HB 1125: FOR AN ACT ENTITLED, An Act to clarify the definition of engaging in business in certain circumstances.

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

HB 1171: FOR AN ACT ENTITLED, An Act to establish a board to regulate certain emerging complementary health professionals with no current state regulatory board.

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

HB 1183: FOR AN ACT ENTITLED, An Act to limit copayment or coinsurance amounts for physical and occupational therapy services.

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

HB 1186: FOR AN ACT ENTITLED, An Act to prohibit registered sex offenders from circulating petitions and to provide a penalty for the violation thereof.

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

HB 1190: FOR AN ACT ENTITLED, An Act to require Legislative approval before a health insurance exchange is created or implemented.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 100: FOR AN ACT ENTITLED, An Act to modify the ethanol production incentive payment to include qualified producers of biobutanol.

Was read the second time.

The question being "Shall SB 100 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, 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; Tidemann; Tieszen; Vehle

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 111: FOR AN ACT ENTITLED, An Act to revise the mining permit fees.

Was read the second time.

The question being "Shall SB 111 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 11: FOR AN ACT ENTITLED, An Act to authorize the Governor's Office of Economic Development to create and administer a working capital loan program.

Was read the second time.

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Sen. Adelstein moved that SB 11 be further amended as follows:

On page 3, after line 8 of the Senate Commerce and Energy Committee engrossed bill, insert:

"Section 6. That chapter 1-53 be amended by adding thereto a NEW SECTION to read as follows:

There is created a Committee of South Dakota Works. The Governor may appoint up to seven members to consult with and advise the Governor's Office of Economic Development in performing the duties provided for in this Act. No loan may be made without the express approval of the committee."

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Adelstein's motion that SB 11 be further amended.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Adelstein; Begalka; Bradford; Buhl; Frerichs; Hundstad; Lederman; Maher; Nygaard; Rampelberg; Sutton

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

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

11od

Sen. Adelstein moved that SB 11 be further amended as follows:

On page 2, between lines 21 and 22 of the Senate Commerce and Energy Committee engrossed bill, insert:

"Section 5. That chapter 1-53 be amended by adding thereto a NEW SECTION to read as follows:

No loan may be made pursuant to the authority of this Act unless the loan is made for working capital and the loan constitutes less than twenty percent of the generally accepted accounting practices book value or net worth, prior to the granting of the loan, of the company or business enterprise to which the loan is being made. For the purposes of this section, the term, working capital, means only those assets that are cash or may be reasonably expected to be converted to cash within twelve months."

Sen. Adelstein requested a roll call vote.

Which request was supported.

The question being on Sen. Adelstein's motion that SB 11 be further amended.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Buhl; Hundstad; Johnston; Krebs; Lederman; Maher; Nygaard; Rampelberg; Tieszen

Nays:
Begalka; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hunhoff (Jean); Juhnke; Kraus; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Vehle

So the motion not having received an affirmative vote of a majority of the members present, the President declared the motion lost.

The question now being "Shall SB 11 pass as amended?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Adelstein; Bradford; Buhl; Hundstad; Lederman; Maher

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 114: FOR AN ACT ENTITLED, An Act to designate the American bison as the state mascot animal.

Was read the second time.

The question being "Shall SB 114 pass as amended?"

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Adelstein; Bradford; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Holien; Johnston; Juhnke; Kraus; Krebs; Lederman; Maher; Nelson (Tom); Nygaard; Olson (Russell); Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Tieszen

Nays:
Begalka; Buhl; Heineman; Hundstad; Hunhoff (Jean); Novstrup (Al); Peters; Sutton; Tidemann; Vehle

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.

114xta

Sen. Nelson moved that the title to SB 114 be amended as follows:

On page 1, line 1, of the Senate State Affairs Committee engrossed bill, delete "animal".

Which motion prevailed.

SB 45: FOR AN ACT ENTITLED, An Act to appropriate additional funds and to extend the availability of appropriations to replace storage facilities at the Cottonwood Agricultural Experiment Station.

Was read the second time.

The question being "Shall SB 45 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, 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; Nelson (Tom); Novstrup (Al); Nygaard; Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

Nays:
Maher

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 195: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water revolving fund subfund for various water and environmental purposes, to revise the state water plan, to authorize the construction and establish the state cost share for the Belle Fourche irrigation upgrade project, and to declare an emergency.

Was read the second time.

The question being "Shall SB 195 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1011: FOR AN ACT ENTITLED, An Act to revise the definition of domestic use of water.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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. Rave moved that HB 1056 be placed to follow HJR 1001 on today's calendar.

Which motion prevailed.

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XVII of the Constitution of the State of South Dakota, relating to corporations.

Was read the second time.

The question being "Shall HJR 1001 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the resolution having received an affirmative vote of a majority of the members-elect, the President declared the resolution passed and the title was agreed to.

HB 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

Was read the second time.

The question being "Shall HB 1056 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

HB 1003: FOR AN ACT ENTITLED, An Act to revise the limitation on the increases and decreases that may be made to the total taxable value of cropland and noncropland.

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.

HB 1013: FOR AN ACT ENTITLED, An Act to repeal certain obsolete statutes regarding the Department of Environment and Natural Resources.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 7 Introduced by: Senators Johnston, Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Heineman, Holien, Hundstad, Hunhoff (Jean), Juhnke, Kraus, Krebs, Lederman, Maher, Nelson (Tom), Novstrup (Al), Nygaard, Olson (Russell), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Hansen (Jon), Abdallah, Blake, Bolin, Boomgarden, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Elliott, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Iron Cloud III, Jensen, Jones, Killer, Kirkeby, Kirschman, Kloucek, Kopp, Liss, Lucas, Lust, Magstadt, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Rausch, Romkema, Rozum, Russell, Schaefer, Schrempp, Scott, Sigdestad, Sly, Solum, Steele, Street, Stricherz, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring Beth Mayrose of Salem, South Dakota Girls State Governor, and Jack Gordon of Sioux Falls, South Dakota Boys State Governor; and commending the South Dakota American Legion and Auxiliary for their sponsorship and coordination of the Girls State and Boys State programs.

WHEREAS, Beth Mayrose and Jack Gordon have been selected and are serving in these high offices and are outstanding young South Dakota leaders; and

WHEREAS, the goals of Boys State and Girls State are to help youth understand and appreciate the American system of government and way of life, including the rights and responsibilities of citizenship, and to give better knowledge of the fundamental principles of government within the State of South Dakota through unique learn-by-doing workshops; and

WHEREAS, the South Dakota American Legion and Auxiliary have worked diligently for more than the last seventy years in conducting these fine programs:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Beth Mayrose and Jack Gordon be congratulated for their outstanding achievements; that appreciation be extended to those adults who donate time and energy to the program; and that the South Dakota American Legion and Auxiliary be recognized for their many years of sponsoring and conducting Boys State and Girls State.

Sen. Johnston moved that the Senate do now adjourn, which motion prevailed and at 3:45 p.m. the Senate adjourned.

Fee Jacobsen, Secretary