JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 1, 2012

The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Paul Bly, followed by the Pledge of Allegiance led by Senate page Peter Delgado Jr.

Roll Call: All members present except Sens. Hundstad and Nygaard 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 thirtieth 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 29, 2012

Mr. President and Members of the Senate:

I have the honor to inform you that on February 29, 2012, I approved Senate Bills 5, 8, 11, 13, 19, 20, 29, 30, 31, 39, 41, 56, 57, 67, 69, 87, 107, 115, and 168, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 43, 75, 161, 162, 174, and 187 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., March 1, 2012.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

cc141A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 141 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 141 be amended as follows:

141jc

On page 1 of the House engrossed bill, delete lines 7 to 13, inclusive, and insert:

"or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between family or household members, or a pattern of abusive behaviors by persons in an intimate relationship such as marriage, dating, or cohabitation. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse

if the underlying criminal act is committed between family or household members or persons in an intimate relationship;".

On page 2, line 2, delete "with a person of the opposite sex".

On page 2, line 3, delete "with a person of the opposite sex".

Respectfully submitted,                Respectfully submitted,
Tona Rozum                        Deb Peters
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1234.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Wick, Willadsen, and Feickert 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 91.

Respectfully,
Karen Gerdes, Chief Clerk

Sen. Olson moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:15 a.m., the Senate recessed.

RECESS

The Senate reconvened at 1:00 p.m., the President presiding.

REPORT OF STANDING COMMITTEE

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 157 and finds the same correctly enrolled.

Respectfully submitted,

Bob Gray, Chair

REPORTS OF CONFERENCE COMMITTEES

cc183A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 183 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 183 be amended as follows:

183rd

On page 1, line 13, of the restored printed bill, delete "upon" and insert "within a reasonable time after".

183rc

On the House Judiciary Committee engrossed bill, delete the House Judiciary Committee amendment, thus restoring the bill to the printed version.

Respectfully submitted,                Respectfully submitted,
Jamie Boomgarden                    Mike Vehle
House Committee Chair                Senate Committee Chair

cc193A

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 193 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 193 and do appoint a new committee.

Respectfully submitted,                Respectfully submitted,
David Lust                        Larry Tidemann
House Committee Chair                Senate Committee Chair

cc91A

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 91 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 91 be amended as follows:

91ftc

On page 1, line 1, of the printed bill, delete "officers" and insert "shareholders".

Respectfully submitted,                Respectfully submitted,
Hal Wick                        Al Novstrup
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 157.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has passed HB 1116 over the veto of the Governor. The veto message of the Governor is found on page 687 of the House Journal.

We hereby request your favorable consideration in passing HB 1116, the veto of the Governor notwithstanding.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that a change has been made in the House Conference Committee on SB 77. The committee should be Reps. Gosch, Cronin, and Fargen.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1228.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Johnston moved that the Senate do concur in House amendments to SB 25.

The question being on Sen. Johnston's motion that the Senate do concur in House amendments to SB 25.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Adelstein; Begalka; 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:
Bradford; Hundstad; Nygaard

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

HCR 1016: A CONCURRENT RESOLUTION, Concerning endorsement of Taiwan's participation as observer in the International Civil Aviation Organization (ICAO), and the 28^th anniversary of sister state relations with the Province of Taiwan in the Republic of China (Taiwan).

Was read the second time.

Sen. Brown moved that the Senate do concur in HCR 1016 as found on page 569 of the House Journal and as amended on page 620 of the House Journal.

The question being on Sen. Brown's motion that HCR 1016 be concurred in as amended.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Bradford; Hundstad; Nygaard

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1016 was concurred in as amended.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Novstrup moved that the report of the Conference Committee on SB 91 as found on page 643 of the Senate Journal be adopted.

The question being on Sen. Novstrup's motion that the report of the Conference Committee on SB 91 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Bradford; Hundstad; Nygaard

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

Sen. Peters moved that SB 141 be placed to follow SB 193 on today's calendar.

Which motion prevailed.

Sen. Vehle moved that the report of the Conference Committee on SB 183 as found on page 642 of the Senate Journal be adopted.

The question being on Sen. Vehle's motion that the report of the Conference Committee on SB 183 be adopted.

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

Sen. Tidemann moved that the report of the Conference Committee on SB 193 as found on page 642 of the Senate Journal be adopted.

The question being on Sen. Tidemann's motion that the report of the Conference Committee on SB 193 be adopted.

Sen. Brown moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 193 as found on page 642 of the Senate Journal and do not appoint a new committee.

The question being on Sen. Brown's substitute motion to not adopt the report of the Conference Committee on SB 193 and to not appoint a new committee.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Hundstad; Nygaard

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried, the report was not adopted, and no new committee was appointed.

Sen. Brown moved that the Senate do now recess until 4:00 p.m., which motion prevailed and at 1:40 p.m., the Senate recessed.

RECESS

The Senate reconvened at 4:00 p.m., the President presiding.

SIGNING OF BILLS

The President publicly read the title to

SB 25: FOR AN ACT ENTITLED, An Act to provide for the creation of a new state accountability system for public elementary and secondary schools.

SB 157: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor advertising signs.

SB 183: FOR AN ACT ENTITLED, An Act to establish the elements of the offense of juvenile sexting and to provide a penalty therefor.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody during a soldier's deployment.

HB 1058: FOR AN ACT ENTITLED, An Act to make an appropriation to the Unified Judicial System court automation fund and revise certain record search fees charged by clerks of court.

HB 1096: FOR AN ACT ENTITLED, An Act to specify the venue for certain appeals involving home-rule municipalities.

HB 1137: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2012 and to declare an emergency.

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.

HB 1189: FOR AN ACT ENTITLED, An Act to establish a deadline within each semester after which no student may transfer to a school district other than the resident school district through the enrollment options program.

HB 1206: FOR AN ACT ENTITLED, An Act to make an appropriation for emergency food assistance grants and to repeal the sales tax on food refund program.

HB 1228: FOR AN ACT ENTITLED, An Act to provide tax refunds for certain energy projects.

HB 1234: FOR AN ACT ENTITLED, An Act to provide incentives to teach in critical need areas, to provide for rewards for the best teachers and those teaching in math and science subject areas, to revise certain provisions regarding evaluation of teachers, to create a system for evaluating principals, to distinguish between tenured and nontenured teachers, to revise certain provisions regarding the employment of teachers, and to repeal provisions regarding the teacher compensation assistance program.

And signed the same in the presence of the Senate.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 25 and 183 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 157 was delivered to his Excellency, the Governor, for his approval at 2:55 p.m., March 1, 2012.

Respectfully submitted,
Bob Gray, Chair

REPORT OF CONFERENCE COMMITTEE

cc130A

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 130 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 130 be amended as follows:

130ck

On page 2, line 5, of the House Education Committee engrossed bill, delete "may" and insert "shall".

130cl

On page 1, line 7, of the House Education Committee engrossed bill, after "policy" insert ", except that no school district policy prohibiting bullying, whether it is existing or adopted pursuant to this Act, may contain any protected classes of students".

On page 2, line 14, after "report;" insert "and".

On page 2, line 18, delete "; and" and insert ".".

On page 2, delete lines 19 and 20.

130ra

On page 3, line 1, of the House Education Committee engrossed bill, after "." insert "Moreover, the provisions of this Act do not create a cause of action against any school district, school district employee, school volunteer, student, or parent unless there has been substantial noncomplaince with the school district's policy resulting in injury to a protected person."

Respectfully submitted,                Respectfully submitted,
Jacqueline Sly                    Dan Lederman
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to adopt the report of the Conference Committee on SB 141 and no new committee was appointed.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1137.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 183.

Respectfully,
Karen Gerdes, Chief Clerk

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Lederman moved that the report of the Conference Committee on SB 130 as found on page 648 of the Senate Journal be adopted.

The question being on Sen. Lederman's motion that the report of the Conference Committee on SB 130 be adopted.

And the roll being called:

Yeas 27, Nays 5, Excused 3, Absent 0

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

Nays:
Bradford; Buhl; Hunhoff (Jean); Maher; Putnam

Excused:
Hundstad; Nygaard; Rave

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

Sen. Olson moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Friday, March 2, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

The Senate proceeded to the reconsideration of HB 1116 pursuant to the veto of the Governor and the veto message found on page 687 of the House Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

The question being "Shall HB 1116 pass, the veto of the Governor notwithstanding?"

And the roll being called:

Yeas 26, Nays 6, Excused 3, Absent 0

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

Nays:
Brown; Heineman; Juhnke; Novstrup (Al); Olson (Russell); Peters

Excused:
Hundstad; Nygaard; Rave

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed, the veto of the Governor notwithstanding.

Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at 4:35 p.m. the Senate adjourned.

Fee Jacobsen, Secretary