JOURNAL OF THE SENATE

EIGHTY-EIGHTH SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 7, 2013

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Reverend Susan Carr, followed by the Pledge of Allegiance led by Senate page Nolan 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 nineteenth 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.
COMMUNICATIONS AND PETITIONS

February 6, 2013

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 6, 2013, I approved Senate Bill 70 and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 48 and 49 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 138 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 137 and 202 which were tabled.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 187 which was deferred to the 41st Legislative Day.

Respectfully submitted,
J. Mark Johnston, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1071, 1072, and 1073 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1070 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 Judiciary respectfully reports that it has had under consideration HB 1074 and returns the same with the recommendation that said bill be amended as follows:

1074rta

    On page 1, line 2, of the printed bill, delete "for newborns or newly adopted children" and insert "in relation to the eligibility of minor dependents for coverage".

    And that as so amended said bill do pass.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 10, 11, 31, and 189 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 190 and returns the same with the recommendation that said bill be amended as follows:

190ua

    On page 1, line 4, of the printed bill, delete "five hundred" and insert "four hundred fifty thousand dollars ($450,000)".

    On page 1, line 5, delete "thousand dollars ($500,000)".

    On page 1, after line 12, insert:

    "Section 4. That § 10-18A-5 be amended to read as follows:

    10-18A-5. The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:

    The refund of real  
If household income is     property taxes due  
more than:   but less than   or paid shall be  
$ 0   $4,250 4,500   35%  
4,251 4,501   4,510 4,760   34%  
4,511 4,761   4,770 5,020   33%  
4,771 5,021   5,030 5,280   32%  
5,031 5,281   5,290 5,540   31%  
5,291 5,541   5,550 5,800   30%  
5,551 5,801   5,810 6,060   29%  
5,811 6,061   6,070 6,320   28%  
6,071 6,321   6,330 6,580   27%  
6,331 6,581   6,590 6,840   26%  
6,591 6,841   6,850 7,100   25%  
6,851 7,101   7,110 7,360   24%  
7,111 7,361   7,370 7,620   23%  
7,371 7,621   7,630 7,880   22%  
7,631 7,881   7,890 8,140   21%  
7,891 8,141   8,150 8,400   20%  
8,151 8,401   8,410 8,660   19%  
8,411 8,661   8,670 8,920   18%  
8,671 8,921   8,930 9,180   17%  
8,931 9,181   9,190 9,440   16%  
9,191 9,441   9,450 9,700   15%

 

9,451 9,701   9,710 9,960   14%  
9,711 9,961   9,970 10,220   13%  
9,971 10,221   10,230 10,480   12%  
10,231 10,481   10,500 10,750   11%  
over 10,500 10,750     No refund  

    Section 5. That § 10-18A-6 be amended to read as follows:

    10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:

    The refund of real  
If household income is     property taxes due  
more than:   but not more than   or paid shall be  
$ 0   $7,250 7,750   55%  
7,251 7,751   7,611 8,111   53%  
7,612 8,112   7,972 8,472   51%  
7,973 8,473   8,333 8,833   49%  
8,334 8,834   8,694 9,194   47%  
8,695 9,195   9,055 9,555   45%  
9,056 9,556   9,416 9,916   43%  
9,417 9,917   9,777 10,277   41%  
9,778 10,278   10,138 10,638   39%  
10,139 10,639   10,499 10,999   37%  
10,500 11,000   10,860 11,360   35%  
10,861 11,361   11,221 11,721   33%  
11,222 11,722   11,582 12,082   31%  
11,583 12,083   11,943 12,443   29%  
11,944 12,444   12,304 12,804   27%  
12,305 12,805   12,665 13,165   25%  
12,666 13,166   13,026 13,526   23%
 
13,027 13,527   13,387 13,887   21%  
13,388 13,888   13,750 14,250   19%  
over 13,750 14,250     No refund  

    Section 6. That § 10-45A-5 be amended to read as follows:

    10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one person shall be determined as follows:

            (1)    If the claimant's income is four thousand two hundred fifty four thousand five hundred dollars or less, a sum of two hundred fifty-eight dollars;

            (2)    If the claimant's income is four thousand two hundred fifty-one four thousand five hundred one dollars and not more than ten thousand five hundred ten thousand seven hundred fifty dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between ten thousand five hundred ten thousand seven hundred fifty dollars and the income of the claimant; and

            (3)    If the claimant's income is more than ten thousand five hundred ten thousand seven hundred fifty dollars, no refund.

    Section 7. That § 10-45A-6 be amended to read as follows:

    10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one person shall be determined as follows:

            (1)    If household income is seven thousand two hundred fifty seven thousand seven hundred fifty dollars or less, the sum of five hundred eighty-one dollars;

            (2)    If household income is seven thousand two hundred fifty-one seven thousand seven hundred fifty-one dollars and not more than thirteen thousand seven hundred fifty fourteen thousand two hundred fifty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between thirteen thousand seven hundred fifty fourteen thousand two hundred fifty dollars and total household income; and

            (3)    If household income is more than thirteen thousand seven hundred fifty fourteen thousand two hundred fifty dollars, no refund.

    Section 8. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

190uta

    On page 1, line 2, of the printed bill, after "disability" insert ", to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1029, 1168, and 1239 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1004 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 48 and 49 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1004: A CONCURRENT RESOLUTION, Expressing support for the 2013 South Dakota coordinated plan for natural resources conservation.

    Was read the first time, the President waived the referral to committee, and placed HCR 1004 on the calendar of Monday, February 11, the 21st legislative day.


    Sen. Olson moved that SB 125 be placed to precede SB 224 on today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Transportation on SB 151 as found on page 338 of the Senate Journal; also

    State Affairs on SB 198 as found on page 340 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 exempt persons hunting mountain lions from the requirement to wear fluorescent orange exterior garments.

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

    HB 1168: FOR AN ACT ENTITLED, An Act to increase certain levies relating to predator control districts.

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

    HB 1239: FOR AN ACT ENTITLED, An Act to authorize school districts to use certain tax levies for pension and health insurance purposes.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of D. J. Mertens of Lyman County, Kennebec, South Dakota, to the South Dakota Building Authority.

    The question being "Does the Senate advise and consent to the executive appointment of D. J. Mertens pursuant to the executive message as found on page 286 of the Senate Journal?"

    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 question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.


    The Senate proceeded to the consideration of the executive appointment of Craig D. Johnson of Pennington County, Rapid City, South Dakota, as the Assistant Adjutant General, Army.

    The question being "Does the Senate advise and consent to the executive appointment of Craig D. Johnson pursuant to the executive message as found on page 300 of the Senate Journal?"

    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 question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the examination for an application for a funeral service license.

    Was read the second time.

    The question being "Shall HB 1047 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 125: FOR AN ACT ENTITLED, An Act to provide for the award of joint physical custody of children under certain circumstances.

    Was read the second time.

    The question being "Shall SB 125 pass as amended?"

    And the roll being called:

    Yeas 13, Nays 21, Excused 1, Absent 0

    Yeas:
Begalka; Bradford; Frerichs; Heineman (Phyllis); Jensen; Krebs; Lederman; Maher; Monroe; Olson (Russell); Otten (Ernie); Rampelberg; Van Gerpen

    Nays:
Adelstein; Brown; Buhl; Ewing; Holien; Hunhoff (Jean); Johnston; Jones; Kirkeby; Lucas; Novstrup (Al); Omdahl; Peters; Rhoden; Soholt; Sutton; Tidemann; Tieszen; Vehle; Welke; White

    Excused:
Rave

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

HONORED GUEST

    The President introduced Congresswoman Kristi Noem who addressed the body.

    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 111 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Brent Dykstra, Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Roger Novotny, Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Charles M. Turbiville, Lawrence County, Deadwood, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and place on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Tom Graham, Minnehaha County, Sioux Falls, 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 the consent calendar.


Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 73, 226, and 242 which were tabled.

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 101, 148, 149, 150, and 210 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

    Sen. Olson moved that the balance of the calendar including SB 224, 185, 132, 153, SJR 2, SB 205, 169, 215, SJR 1, SB 166, 207, 157, HB 1019, 1020, 1091, and 1011 be deferred to Monday, February 11, the 21st legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 48: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to establish rules governing the allowance, placement, and maintenance of newspaper vending machines at interstate rest areas.

    SB 49: FOR AN ACT ENTITLED, An Act to establish the fee charged by registers of deeds for documents filed by the Department of Transportation disposing of highway right-of-way that is no longer needed for highway purposes.

    HB 1024: FOR AN ACT ENTITLED, An Act to provide for the addition of certain employees of the municipality of Sioux Falls to the South Dakota Retirement System.

    HB 1025: FOR AN ACT ENTITLED, An Act to revise certain actuarial and reporting requirements relating to the South Dakota Retirement System.

    And signed the same in the presence of the Senate.

COMMEMORATION

    SC 8 Introduced by: Senators Lucas, Adelstein, Begalka, Bradford, Brown, Buhl, Ewing, Frerichs, Heineman (Phyllis), Holien, Hunhoff (Jean), Johnston, Jones, Kirkeby, Krebs, Lederman, Maher, Monroe, Novstrup (Al), Olson (Russell), Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Rhoden, Soholt, Sutton, Tidemann, Tieszen, Van Gerpen, Vehle, Welke, and White and Representatives Schaefer, Bartling, Bolin, Cammack, Campbell, Conzet, Craig, Cronin, Dryden, Duvall, Ecklund, Erickson, Feickert, Feinstein, Gibson, Greenfield, Haggar (Don), Haggar (Jenna), Hajek, Hansen, Hawks, Hawley, Heinert, Hickey, Hoffman, Hunhoff (Bernie), Johns, Kaiser, Killer, Kirschman, Kopp, Latterell, Lust, Magstadt, May, Mickelson, Miller, Munsterman, Nelson, Novstrup (David), Olson (Betty), Otten (Herman), Parsley, Peterson, Qualm, Rasmussen, Ring, Romkema, Rounds, Russell, Schoenfish, Schrempp, Sly, Soli, Solum, Stalzer, Steele, Stevens, Tulson, Tyler, Verchio, Werner, Westra, Wick, Wink, and Wismer

        A LEGISLATIVE COMMEMORATION, Honoring Harold Thune and Jerald Applebee of Murdo for their individual accomplishments, as well as their efforts and involvement with the Annual Jones County Invitational Basketball Tournament.

    WHEREAS, Harold Thune served the Jones County School District for twenty-one years as a teacher, coach, and athletic director. Harold was a distinguished high school basketball player and a successful coach who will be inducted into the South Dakota Sports Hall of Fame this spring for those accomplishments; and

    WHEREAS, Harold enlisted in the United States Navy and served his country during World War II where he completed numerous missions, showed great aptitude as a pilot, and was awarded the Distinguished Flying Cross for his efforts; and

    WHEREAS, Jerald Applebee coached several sports and taught American history and government classes, and has been involved in the Jones County School District for thirty-two years. Jerald also served as the principal for many years and then took over as the athletic director later on in his career; and

    WHEREAS, both Harold and Jerald were recognized for these achievements at the 45th Annual Jones County Invitational Basketball Tournament, which they originally helped start. They were honored by a dedication ceremony that renamed the city auditorium the Harold Thune Auditorium and the playing floor the Jerald Applebee Court:
    NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Eighth Legislature of the State of South Dakota, that the Legislature congratulates and honors Harold Thune and Jerald Applebee for their services to the town of Murdo and to the state of South Dakota.

    Sen. Novstrup moved that the Senate do now adjourn, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Jeannette Schipper, Secretary