JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 23, 2014

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

The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of Allegiance led by Senate page Kelsea Wilke.

Roll Call: All members present except Sen. Curd who was 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 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,

Corey Brown, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 48 and 52 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 45, 47, 49, and 50 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 22 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 SB 26 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 SB 21 and returns the same with the recommendation that said bill be amended as follows:

21ra

On page 3, line 5, of the printed bill, overstrike ", inclusive,".

On page 3, line 8, overstrike ", inclusive,".

On page 3, line 13, overstrike ", inclusive,".

On page 3, line 16, overstrike ", inclusive,".

On page 3, line 18, overstrike ", inclusive".

On page 4, line 4, overstrike ", inclusive,".

On page 4, line 5, overstrike ", inclusive,".

On page 4, line 11, overstrike ", inclusive,".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 24 and returns the same with the recommendation that said bill be amended as follows:

24ra

On page 3, line 9, of the printed bill, after "electronically." insert "If a waiver is granted, the retailer shall disclose the record, upon request, to a law enforcement agency for a law enforcement purpose.".

On page 3, after line 9, insert:

"Section 4. That chapter 34-20D be amended by adding thereto a NEW SECTION to read as follows:

The attorney general may grant other South Dakota law enforcement agencies access to the electronic record-keeping system for the purpose of investigating any violation of this chapter."

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Mark Smith of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and that said appointment be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1024, 1037, 1050, and 1051 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that SB 64 and 63 be placed to follow SB 62 on today's calendar.

Which motion prevailed.

Sen. Omdahl moved that SB 62 be deferred to Monday, February 24, the 25^th legislative day.

Which motion lost.

Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 24, the 8^th legislative day.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Laurie Gill of Hughes County, Pierre, South Dakota, to the position of the Commissioner of the Bureau of Human Resources.

The question being "Does the Senate advise and consent to the executive appointment of Laurie Gill pursuant to the executive message as found on page 71 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Curd

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 75 Introduced by: Senators Lederman, Begalka, Ewing, Hunhoff (Jean), Kirkeby, Maher, Monroe, Peters, and Rave and Representatives Gibson, Bartling, Conzet, Greenfield, Haggar (Jenna), Hoffman, Magstadt, Olson (Betty), Rounds, Tulson, and Verchio

FOR AN ACT ENTITLED, An Act to prohibit local governments from enacting, maintaining, or enforcing regulations on certain dog breeds.

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

SB 76 Introduced by: Senators Monroe, Begalka, Ewing, Jensen, Jones (Tom), and Omdahl and Representatives May, Duvall, Olson (Betty), and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the killing of mountain lions that threaten personal safety or property.

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

SB 77 Introduced by: The Committee on Judiciary at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county prisoners.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1024: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to establish limited speed zones on nonstate trunk highways under the jurisdiction of the Department of Transportation.

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise certain enforcement actions by the insurance director.

Was read the first time.

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of captive insurance companies.

Was read the first time.

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Recognizing the outstanding public service of President Calvin Coolidge and his support of Mount Rushmore.

Was read the first time and the President waived the referral to committee.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 30: FOR AN ACT ENTITLED, An Act to provide for the definition of an advanced practice registered nurse, to remove certification as a function of the Board of Nursing in issuing a license to a certified registered nurse anesthetist, and to change the nurses' education loan assistance program to a scholarship program.

Was read the second time.

The question being "Shall SB 30 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 56: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding auditing standards used by the Department of Revenue.

Was read the second time.

The question being "Shall SB 56 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 57: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the regulation of the trading stamp business.

Was read the second time.

The question being "Shall SB 57 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 64: FOR AN ACT ENTITLED, An Act to require a waiting period prior to the adoption of new uniform content standards and to provide for an opportunity for public comment for all new content standards.

Was read the second time.

The question being "Shall SB 64 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

Yeas:
Begalka; Brown; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Bradford; Buhl O'Donnell; Frerichs; Lucas; Omdahl; Sutton

Excused:
Curd

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 63: FOR AN ACT ENTITLED, An Act to protect the privacy of the records of individual students.

Was read the second time.

63oa

Sen. Brown moved that SB 63 be amended as follows:

On page 4, after line 8 of the printed bill, insert:

"Section 7. Nothing in this Act prohibits the disclosure of aggregate data necessary to make an application for impact aid pursuant to Title VIII of the Elementary and Secondary Education Act."

Which motion prevailed.

63sa

Sen. Lucas moved that SB 63 be further amended as follows:

On page 4, line 8, of the printed bill, after "laws" insert "nor does this Act prohibit a school district from reporting student or family data that is necessary to apply for federal funds or grants".

Which motion lost.

63ya

Sen. Maher moved that SB 63 be further amended as follows:

On page 2, line 23, of the printed bill, after "problems" insert "or aspects".

Which motion prevailed.

The question now being "Shall SB 63 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 62: FOR AN ACT ENTITLED, An Act to establish a comprehensive evaluation of the common core state standards and to make an appropriation therefor.

Was read the second time.

62yb

Sen. Brown moved that SB 62 be amended as follows:

On page 2, line 21, of the printed bill, delete "appointed by the Governor" and insert "one appointed by the Governor, one appointed by the president pro tempore of the Senate, and one appointed by the speaker of the House".

Which motion prevailed.

62yc

Sen. Brown moved that SB 62 be further amended as follows:

On page 3, line 8, of the printed bill, after "appointed" insert "jointly".

On page 3, line 8, after "Governor" insert ", president pro tempore of the Senate, and the speaker of the House".

Which motion prevailed.

62aa

Sen. Rave moved that SB 62 be further amended as follows:

On page 3, line 18, of the printed bill, delete "one hundred" and insert "one dollar ($1)".

On page 3, line 19, delete "thousand dollars ($100,000)".

Which motion prevailed.

Sen. Rave moved the previous question.

Which motion prevailed.

The question being "Shall SB 62 pass as amended?"

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Begalka; Brown; Heineman (Phyllis); Hunhoff (Jean); Jones (Chuck); Krebs; Maher; Novstrup (Al); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Holien; Jensen; Jones (Tom); Kirkeby; Lederman; Lucas; Monroe; Omdahl; Peters; Sutton; Tidemann; Welke

Excused:
Curd

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

Sen. Rave moved that SB 34 and 35 be deferred to Tuesday, January 28, the 9^th legislative day.

Which motion prevailed.

Sen. Frerichs moved that the Senate do now adjourn, which motion prevailed and at 3:14 p.m. the Senate adjourned.

Jeannette Schipper, Secretary

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 30 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eleven former members of the South Dakota Legislature, namely: the Honorable Elmer Diedtrich; the Honorable Jay L. Duenwald; the Honorable Derald B. Gellhaus; the Honorable Donald A. Haggar; the Honorable John B. Heilman; the Honorable Ralph D. Homan; the Honorable Stanley A. Johnson; the Honorable Patricia E. Kenner; the Honorable Gilbert "Gil" Koetzle; the Honorable Alice Kundert; and the Honorable John D. Sears; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Eighty-ninth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Eighty-ninth Session of the Legislature of the State of South Dakota, now assembled this 23rd day of January, 2014, at Pierre, South Dakota.