JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 24, 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 page Allison Stahl.

Roll Call: All members present except Sens. Cutler, Hundstad, Lederman, Nelson, Nygaard and Schlekeway 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 twenty-sixth 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

February 23, 2012

Mr. President and Members of the Senate:

I have the honor to inform you that on February 23, 2012, I approved Senate Bills 4, 9, 23, 32, 35, 36, 38, 45, 50, and 58, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1253 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 HB 1132 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1209 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Tom Hansen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1186 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 14, of the printed bill, before "supervision" insert "immediate".

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On page 1, line 4, of the printed bill, delete "22-24B" and insert "12-1".

On page 1, line 10, delete "22-24B" and insert "12-1".

On page 1, line 12, after "provisions of" insert "section 1 of".

On page 2, line 2, delete "22-24B" and insert "12-1".

On page 2, line 4, after "provisions of" insert "section 1 of".

On page 2, after line 6, insert:

"Section 4. That chapter 22-24B be amended by adding thereto a NEW SECTION to read as follows:

No registered sex offender is eligible to circulate certain nominating petitions pursuant to sections 1 to 3, inclusive, of this Act."

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 1096 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, between lines 3 and 4 of the printed bill, insert:

"Section 1. That subdivision (1) of § 1-26-1 be amended to read as follows:

(1) "Agency," each association, authority, board, commission, committee, council, department, division, office, officer, task force, or other agent of the state vested with the authority to exercise any portion of the state's sovereignty. The term includes a home-rule municipality that has adopted its own administrative appeals process, whose final decisions, rulings, or actions rendered by that process are subject to judicial review pursuant to this chapter. The term does not include the Legislature, the Unified Judicial System, any unit of local government, or any agency under the jurisdiction of such exempt departments and units unless the department, unit, or agency is specifically made subject to this chapter by statute;".

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

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1007 and HB 1133 and 1248 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1045 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1185 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1255 which was tabled.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1246 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 8, 13, 20, 29, 30, 31, 62, 65, 66, 67, 73, 81, 83, 87, 93, 100, 111, 113, and 116 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., February 24, 2012.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 48, 53, 68, 71, 78, 103, 108, 156, 191, 194, and 195 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 6 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 48, 53, 68, 71, 78, 103, 108, 156, 191, 194, and 195 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 157 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. White, Gibson, and Sigdestad as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 99.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Olson moved that HB 1046, 1179, 1247, 1206, 1171, 1126, 1273, and 1198 be deferred to Monday, February 27, the 28^th legislative day.

Which motion prevailed.

Sen. Olson moved that the Senate do not concur in House amendments to SB 157 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Olson, Tidemann, and Tieszen.

HCR 1009: A CONCURRENT RESOLUTION, Urging the federal government to honor tribal identification cards.

Was read the second time.

Sen. Bradford moved that the Senate do concur in HCR 1009 as found on page 519 of the House Journal.

The question being on Sen. Bradford's motion that HCR 1009 be concurred in.

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

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

Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1009 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1234 as found on page 517 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning lobbyists.

Was read the second time.

The question being "Shall HB 1196 pass as amended?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway

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.

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 second time.

The question being "Shall HB 1052 pass?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway

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.

HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the bonding authority of the South Dakota Conservancy District.

Was read the second time.

The question being "Shall HB 1107 pass?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

Excused:
Adelstein; Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1187: FOR AN ACT ENTITLED, An Act to exempt health care sharing ministries from the provisions of the health insurance code.

Was read the second time.

The question being "Shall HB 1187 pass?"

And the roll being called:

Yeas 27, Nays 2, Excused 6, Absent 0

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

Nays:
Peters; Vehle

Excused:
Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway

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.

HB 1182: FOR AN ACT ENTITLED, An Act to revise the filing deadlines for the nomination of certain independent candidates.

Was read the second time.

The question being "Shall HB 1182 pass?"

And the roll being called:

Yeas 28, Nays 1, Excused 6, Absent 0

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

Nays:
Frerichs

Excused:
Cutler; Hundstad; Lederman; Nelson (Tom); Nygaard; Schlekeway

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.

HB 1138: FOR AN ACT ENTITLED, An Act to declare that any person who maintains or provides roll-your-own cigarette machines at retail establishments are cigarette manufacturers.

Was read the second time.

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Sen. Holien moved that HB 1138 be further amended as follows:

On page 1, line 11, of the Senate State Affairs Committee engrossed bill, delete "by July 1, 2014".

On page 1, after line 11, insert:

"Section 2. The effective date of this Act is July 1, 2013."

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Sen. Brown moved as a substitute motion that HB 1138 be further amended as follows:

On the Senate State Affairs Committee engrossed bill, delete all Senate State Affairs amendments, thus restoring the bill to the House State Affairs engrossed version.

Which motion prevailed.

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Sen. Rhoden moved that HB 1138 be further amended as follows:

On page 1, line 11, of the Senate State Affairs Committee engrossed bill, delete "by July 1, 2014".

On page 1, after line 11, insert:

"Section 2. The effective date of this Act is January 1, 2014."

Sen. Rhoden requested a roll call vote.

Which request was supported.

The question being on Sen. Rhoden's motion that HB 1138 be further amended.

And the roll being called:

Yeas 9, Nays 19, Excused 7, Absent 0

Yeas:
Begalka; Bradford; Buhl; Haverly; Holien; Maher; Putnam; Rhoden; Sutton

Nays:
Adelstein; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Heineman; Hunhoff (Jean); Juhnke; Kraus; Krebs; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Tidemann; Tieszen; Vehle

Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway

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

The question being "Shall HB 1138 pass as amended?"

And the roll being called:

Yeas 21, Nays 7, Excused 7, Absent 0

Yeas:
Adelstein; Brown; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Hunhoff (Jean); Juhnke; Kraus; Krebs; Maher; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Tidemann; Tieszen; Vehle

Nays:
Begalka; Bradford; Buhl; Holien; Putnam; Rhoden; Sutton

Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway

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.

HB 1269: FOR AN ACT ENTITLED, An Act to make an appropriation for certain costs related to disasters and to pine beetle suppression and to declare an emergency.

Was read the second time.

The question being "Shall HB 1269 pass?"

And the roll being called:

Yeas 28, Nays 0, Excused 7, Absent 0

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

Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway

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.

HB 1270: FOR AN ACT ENTITLED, An Act to revise the time period for which unclaimed property is presumed abandoned and to revise certain provisions regarding the publication notice of unclaimed property.

Was read the second time.

The question being "Shall HB 1270 pass as amended?"

And the roll being called:

Yeas 26, Nays 2, Excused 7, Absent 0

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

Nays:
Begalka; Bradford

Excused:
Cutler; Hundstad; Johnston; Lederman; Nelson (Tom); Nygaard; Schlekeway

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. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 127 was lost on second reading and final passage.

Respectfully,
Karen Gerdes, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2012.

SB 53: FOR AN ACT ENTITLED, An Act to permit the Department of Public Safety to require certain accident reports to be filed by electronic means.

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

SB 71: FOR AN ACT ENTITLED, An Act to modify the requirements relating to the publication of the administrative rules.

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

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.

SB 108: FOR AN ACT ENTITLED, An Act to revise the maximum bet limit for Deadwood gaming.

SB 156: FOR AN ACT ENTITLED, An Act to establish strangulation as one element of the crime of aggravated assault.

SB 191: FOR AN ACT ENTITLED, An Act to provide for authorization to offer postsecondary education services in South Dakota.

SB 194: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property tax and sales tax refunds, and to declare an emergency.

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.

HB 1039: FOR AN ACT ENTITLED, An Act to exempt certain impaired driving violations from the statutory limitation on enhanced penalties for second, third, or subsequent violations.

HB 1064: FOR AN ACT ENTITLED, An Act to allow the Supreme Court to establish certain rules for the use of interactive audio visual equipment and to provide for the collection and deposit of fees for the use thereof.

HB 1071: FOR AN ACT ENTITLED, An Act to increase the benefits that the Insurance Guarantee Association may become obligated to cover for annuities, to provide for retroactive application, and to declare an emergency.

HB 1095: FOR AN ACT ENTITLED, An Act to revise the procedure for the discharge of civil judgments against a person who has received a discharge of debt pursuant to the United States Code, Title 11.

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regulating the investment of unneeded state operating expenses in banks.

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.

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

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

HB 1160: FOR AN ACT ENTITLED, An Act to provide for the award of filing fees as court costs in certain appeals.

HB 1194: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment for rape and sexual offense examinations.

HB 1229: FOR AN ACT ENTITLED, An Act to exempt certain persons from the requirement to license as a mortgage loan originator.

HB 1245: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the suspension of a driver license for certain alcoholic beverage violations.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 16 Introduced by: Senators Frerichs, Begalka, Bradford, Gray, Juhnke, Krebs, Olson (Russell), Rhoden, Sutton, and Tidemann and Representatives Wismer, Brunner, Dennert, Fargen, Feinstein, Olson (Betty), Sigdestad, Street, Turbiville, and Vanneman

A LEGISLATIVE COMMEMORATION, Honoring Courtney Peterson of Sisseton, South Dakota, as the recipient of the 2012 Miss Rodeo South Dakota crown.

WHEREAS, Courtney Peterson has shown unshakable determination for many years, showing dedication to her family, her church, and her community as a whole, while continuously pursuing excellence in all areas of competitive rodeo pageantry and many various endeavors in her young and decorated life; and

WHEREAS, Courtney found great success as a student at South Dakota State University where she was involved in the Admissions Ambassador program, SF Briggs Student Organization, and Golden Key International Honor Society, and served as president of the National Postsecondary Agricultural Student Organization; and

WHEREAS, Courtney has distinguished herself as a rodeo queen in South Dakota's official state sport, and as such, she has consistently fulfilled her honorary role as an ambassador for the state of South Dakota all over the United States; and

WHEREAS, Courtney continues to expand her horizons through study at South Dakota State University where she is currently pursuing a master's degree in agricultural economics:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that Courtney Peterson be recognized and congratulated on her many achievements in rodeo and most notably her recent achievement of being crowned as 2012 Miss Rodeo South Dakota.

SC 17 Introduced by: Senators Olson (Russell), Adelstein, Begalka, Bradford, Brown, Buhl, Cutler, Frerichs, Fryslie, Gray, Hansen (Tom), Haverly, Holien, Hunhoff (Jean), Johnston, Juhnke, Kraus, Lederman, Maher, Nelson (Tom), Novstrup (Al), Peters, Putnam, Rampelberg, Rave, Rhoden, Schlekeway, Sutton, Tidemann, Tieszen, and Vehle and Representatives Stricherz, Abdallah, Blake, Brunner, Carson, Conzet, Cronin, Deelstra, Dennert, Dryden, Fargen, Feickert, Feinstein, Gibson, Gosch, Greenfield, Haggar, Hansen (Jon), Hawley, Hickey, Hoffman, Hubbel, Hunhoff (Bernie), Hunt, Jensen, Jones, Kirkeby, Kirschman, Kopp, Lucas, Lust, Miller, Moser, Munsterman, Nelson (Stace), Novstrup (David), Olson (Betty), Perry, Romkema, Rozum, Russell, Schaefer, Scott, Sigdestad, Sly, Solum, Steele, Street, Tornow, Tulson, Turbiville, Van Gerpen, Vanneman, Venner, Verchio, White, Wick, Willadsen, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring Amy Shan of Madison as a recipient of the Prudential Spirit of Community Award.

WHEREAS, Amy Shan, an esteemed resident of Madison and a junior at Madison High School, has received national recognition for exemplary volunteer service by receiving a 2012 Prudential Spirit of Community Award; and

WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and

WHEREAS, Amy Shan has earned this award by implementing a recycling program at her school through educating the faculty as well as her fellow students. Amy partnered with a local recycling company and produced an educational video about the importance of recycling. She has been coordinating the recycling program for two years; and

WHEREAS, the success of the state of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Amy Shan who use their considerable talents and resources to serve others:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-seventh Legislature of the State of South Dakota, that the Legislature congratulates and honors Amy Shan as a recipient of a Prudential Spirit of Community Award, recognizes her outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for her continued success and happiness.

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 3:50 p.m. the Senate adjourned.

Fee Jacobsen, Secretary

by Jeannette Schipper