JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION



NINETEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 6, 2013

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

    The prayer was offered by the Chaplain, Pastor Wes LaBrier, followed by the Pledge of Allegiance led by Senate page Logan Welker.

    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 eighteenth 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,
Corey Brown, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 38, 58, and 70 were delivered to his Excellency, the Governor, for his approval at 8:25 a.m., February 6, 2013.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 169 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 129 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill be amended as follows:

151fd

    On page 4, after line 1 of the printed bill, insert:

    "Section 8. Nothing in chapters 31-13 and 31-18 precludes any rural electric, telecommunications company, or entity created by chapter 34A-5, 46A-3A, or 46A-9 or any nonprofit engaged in the treatment, distribution, and sale of water to rural consumers from constructing, maintaining, or operating any facility along, upon, or under publicly owned land including any road, highway, right-of-way, street, alley, bridge, or causeway."


151fb

    On page 1, line 5, of the printed bill, remove the overstrikes from "highway".

    On page 1, line 6, remove the overstrikes from "highway".

    On page 1, line 10, remove the overstrikes from "highway".

    On page 2, line 7, remove the overstrikes from "highway".

    On page 2, line 8, remove the overstrikes from "highway".

    On page 2, line 14, remove the overstrikes from "highway".

    On page 2, line 21, remove the overstrikes from "highway".

    On page 2, line 22, after "highways" insert "highway".

    On page 2, line 23, after "highways" insert "highway".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 212 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 215 and HB 1011 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1047 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 Health and Human Services respectfully reports that it has had under consideration SB 160 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR  1 and SB 166 and 207 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 SB 198 and returns the same with the recommendation that said bill be amended as follows:

198sa

    On page 1 of the printed bill, delete lines 8 to 15, inclusive, and insert:

"
    (2)    Three members of the bar practicing law in this state, no more than two of whom may be of the same political party, appointed by the president a majority vote of the state bar commissioners; and

            (3)    Two citizens who are not judges, retired judges or members of the state bar, and not of the same political party, appointed by the Governor; and

            (4)    Two members, one of whom shall be appointed by the president pro tempore of the Senate, and one of whom shall be appointed by the speaker of the ".

    On page 2, line 2, delete "members of" and insert "appointed by".

198oa

    On page 1, line 6, of the printed bill, overstrike "seven" and insert "nine".

    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 the nomination of D. J. Mertens of Lyman County, Kennebec, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and place on consent calendar.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Craig D. Johnson of Pennington County, Rapid City, South Dakota, to the position of Assistant Adjutant General, Army, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on consent calendar.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR 3 and 4 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1101, 1124, 1126, 1153, 1164, 1174, and 1208 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that SB 224 be placed to follow SB 152 on today's calendar.

    Which motion prevailed.

    Sen. Olson moved that SB 125 and 185 be deferred to Thursday, February 7, the 20th legislative day.

    Which motion prevailed.

    Sen. Olson moved that SB 159 be deferred to Tuesday, February 12, the 22nd legislative day.

    Which motion prevailed.


    Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 7, the 20th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Education on SB 233 as found on page 321 of the Senate Journal; also

    Agriculture and Natural Resources on SB 205 as found on page 322 of the Senate Journal; also

    Judiciary on SB 218 as found on page 323 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to public employee grievance procedures.

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

    HB 1124: FOR AN ACT ENTITLED, An Act to provide for the appointment of members of the South Dakota Pulse Crops Council.

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

    HB 1126: FOR AN ACT ENTITLED, An Act to revise the massage therapy licensing requirements.

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

    HB 1153: FOR AN ACT ENTITLED, An Act to exempt certain environmental upgrade values from assessment during construction and to provide a sunset clause for the environmental upgrade exemption.

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

    HB 1164: FOR AN ACT ENTITLED, An Act to establish a classroom innovation grant program and to make an appropriation therefor.

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

    HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to snowmobile operation.

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

    HB 1208: FOR AN ACT ENTITLED, An Act to prohibit the unlawful release of medical waste and to provide a penalty therfor.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 121: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the Commission on Intergovernmental Cooperation.

    Was read the second time.

    The question being "Shall SB 121 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    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 227: FOR AN ACT ENTITLED, An Act to revise provisions relating to the possession of firearms on snowmobiles.

    Was read the second time.


    The question being "Shall SB 227 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    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 105: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding instruction permits and restricted minor's permits to drive a motor vehicle.

    Was read the second time.

    The question being "Shall SB 105 pass?"

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Adelstein; Buhl; Ewing; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Soholt; Tidemann; Tieszen; Vehle; Welke; White

    Nays:
Begalka; Bradford; Brown; Frerichs; Holien; Jensen; Maher; Monroe; Olson (Russell); Peters; Rave; Rhoden; Sutton; Van Gerpen

    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 prohibit certain minors from using wireless communication devices while operating motor vehicles upon the public highways.

    Was read the second time.

    The question being "Shall SB 106 pass?"

    And the roll being called:

    Yeas 26, Nays 9, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson (Russell); Otten (Ernie); Rampelberg; Rave; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White

    Nays:
Bradford; Brown; Holien; Jensen; Maher; Omdahl; Peters; Rhoden; Van Gerpen

    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 107: FOR AN ACT ENTITLED, An Act to limit the number of passengers allowed in a motor vehicle operated by a holder of a restricted minor's permit.

    Was read the second time.

    The question being "Shall SB 107 pass?"

    And the roll being called:

    Yeas 18, Nays 17, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Buhl; Ewing; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Omdahl; Otten (Ernie); Soholt; Tidemann; Tieszen; Vehle; White

    Nays:
Bradford; Brown; Frerichs; Holien; Jensen; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Peters; Rampelberg; Rave; Rhoden; Sutton; Van Gerpen; Welke

    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 216: FOR AN ACT ENTITLED, An Act to establish a state-wide driver education program.

    Was read the second time.

    The question being "Shall SB 216 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Holien; Hunhoff (Jean); Jensen; Maher; Peters

    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 133: FOR AN ACT ENTITLED, An Act to establish a pharmacy audit integrity program.

    Was read the second time.

    The question being "Shall SB 133 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 3, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Nays:
Jensen; Novstrup (Al); Omdahl

    Excused:
Holien

    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 209: FOR AN ACT ENTITLED, An Act to provide safety provisions by requiring registration of certain family day care facilities, to establish notification and reporting requirements for violations, and to provide penalties therefor.

    Was read the second time.

    Sen. Olson moved the previous question.

    Which motion prevailed.

    The question being "Shall SB 209 pass as amended?"

    And the roll being called:

    Yeas 13, Nays 21, Excused 1, Absent 0

    Yeas:
Adelstein; Buhl; Heineman (Phyllis); Hunhoff (Jean); Johnston; Jones; Krebs; Lederman; Peters; Soholt; Tidemann; Tieszen; Vehle

    Nays:
Begalka; Bradford; Brown; Ewing; Frerichs; Jensen; Kirkeby; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Sutton; Van Gerpen; Welke; White

    Excused:
Holien

    So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

    SB 74: FOR AN ACT ENTITLED, An Act to require the forfeiture of preference points for certain hunting licenses upon conviction of unlawfully killing, destroying, taking, or possessing trophy animals.

    Was read the second time.

    The question being "Shall SB 74 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Olson (Russell); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Excused:
Holien

    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 152: FOR AN ACT ENTITLED, An Act to authorize the hunting of coyotes using artificial light under certain conditions.

    Was read the second time.

    The question being "Shall SB 152 pass?"

    And the roll being called:

    Yeas 13, Nays 22, Excused 0, Absent 0

    Yeas:
Buhl; Frerichs; Krebs; Lederman; Lucas; Maher; Monroe; Olson (Russell); Rampelberg; Rave; Rhoden; Sutton; Welke

    Nays:
Adelstein; Begalka; Bradford; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Johnston; Jones; Kirkeby; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Soholt; Tidemann; Tieszen; Van Gerpen; Vehle; White

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.

    SB 224: FOR AN ACT ENTITLED, An Act to revise and repeal certain aviation statutes and to increase certain related fees.

    Was read the second time.

224ja

    Sen. Rave moved that SB 224 be amended as follows:

    On page 34 of the printed bill, delete lines 9 to 19, inclusive, and insert:

    "Weight in Pounds   Rate  
     0 _ 1,500   $ 25  
     1,501 _ 2,000   40  
     2,001 _ 3,000   55  
     3,001 _ 4,000   70  
     4,001 _ 5,000   85  
     5,001 _ 6,000   100  
     6,001 _ 10,000   125  
    10,001 _ 12,499   150  
    12,500 _ 15,000   200  
    15,001 and over   300".  


    On page 34, delete lines 22 to 25, inclusive.

    On page 43, line 5, delete "one two" and insert "one".

    On page 43, line 24, delete "two four" and insert "two".

    On page 44, line 3, delete "five ten" and insert "five".

    On page 44, line 4, delete "one two" and insert "one".

    Which motion prevailed.

    Sen. Adelstein moved that SB 224 be deferred to Thursday, February 7, the 20th legislative day.

    Which motion prevailed.

    Sen. Olson moved that SB 132, 153, SJR 2, HB 1019, 1020, and 1091 be deferred to Thursday, February 7, the 20th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the students eligible for resident tuition benefits at universities controlled by the Board of Regents.

    HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the director's orders to hazardous insurers.

    HB 1054: FOR AN ACT ENTITLED, An Act to repeal certain rule-making authority for the director of insurance.

    HB 1064: FOR AN ACT ENTITLED, An Act to provide for certain methods of disbursement for school district flexible spending accounts.

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 6 Introduced by: Senator Vehle and Representative Rozum

        A LEGISLATIVE COMMEMORATION, Honoring Doug Kirkus of Mitchell as the 2012 winner of the South Dakota Municipal League Excellence in Municipal Government Award.

    WHEREAS, Doug Kirkus is an outstanding leader in the field of public safety and is not only as asset to his profession, but also to all local public entities in the State of South Dakota; and

    WHEREAS, Doug Kirkus is a strong advocate for safe and efficient government, providing an example of leadership, commitment, volunteerism, and giving back to one's community; and

    WHEREAS, Doug Kirkus has expanded his service to all the cities and other local governments in South Dakota; and

    WHEREAS, Doug Kirkus's calm professionalism lends aid to entities when they are working through hardships:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Doug Kirkus is recognized for his Excellence in Municipal Government Award.

    SC 7 Introduced by: Senator Otten (Ernie) and Representatives Latterell and Otten (Herman)

        A LEGISLATIVE COMMEMORATION, Honoring Mary McClung with the city of Harrisburg, South Dakota as Municipal Finance Officer of the Year.

    WHEREAS, for more than ten years Mary McClung has been essential in helping the city of Harrisburg operate efficiently and honestly; and

    WHEREAS, Mary McClung daily shows concern for her city, its citizens, and employees with dedication, professionalism, and patience; and

    WHEREAS, Mary McClung has delivered helpful, knowledgeable assistance to citizens and elected officials; and

    WHEREAS, Mary McClung was nominated for this award by the mayor and city council members who are grateful for her dedicated, able service; and

    WHEREAS, Mary McClung is a friend and mentor to municipal finance officers throughout the state:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that Mary McClung is honored as 2012 Municipal Finance Officer of the Year.

    Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at 4:20 p.m. the Senate adjourned.

Jeannette Schipper, Secretary