JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 24, 2014

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

The prayer was offered by the Chaplain, Tamrat Layne Admassu, followed by the Pledge of Allegiance led by Senate page Elizabeth Johnson.

Roll Call: All members present except Sens. Begalka and Curd.

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 seventh 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

January 15, 2014

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 41-2, of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed John L. Cooper, Hughes County, Pierre, South Dakota, to the Game, Fish and Parks Commission.

This appointment is effective immediately, and shall continue until January 10, 2018

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

January 16, 2014

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Kurt E. Solay, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

This appointment is effective January 21, 2014, and shall continue until January 20, 2018.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 27, 31, and 32 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 12 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 70 and 71 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Timothy Rave, Vice-Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 44 and returns the same with the recommendation that said bill do pass and be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 14 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 the nomination of Gloria Pearson of Yankton County, Yankton, South Dakota, to the office of Secretary of the Department of Human Services and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Jean M. Hunhoff, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1021, 1025, 1035, 1042, 1044, 1045, 1052, and 1054 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 1 Introduced by: Senators Begalka; Bradford; Brown; Buhl O'Donnell; Curd; 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-ninth Legislature of the State of South Dakota to Anna Flitner, Karlie Hinton, Elizabeth Johnson, Jordan Jones, Joseph Schueller, Kelsea Wilkie

WHEREAS, the above named served loyally as pages for the Senate of the Eighty-ninth Legislative Session; and

WHEREAS, the members of the Eighty-ninth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-ninth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Holien moved that Senate Page Resolution 1 be adopted.

The question being on Sen. Holien's motion that Senate Page Resolution 1 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
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:
Begalka; Curd

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

Sen. Brown moved that SB 44 be referred to the Committee on Appropriations.

Which motion prevailed.

Sen. Brown moved that Joint Rule 6B-3 of the temporary rules of the 89^th Legislative Session be suspended and unlimited bill and joint resolution introduction be extended until two hours prior to opening of session Friday, January 31, 2014, the 12^th Legislative Day.

Which motion prevailed.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; Curd

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

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

Was read the second time.

Sen. Lederman moved that the Senate do concur in HCR 1003 as found on page 57 of the House Journal.

The question being on Sen. Lederman's motion that HCR 1003 be concurred in.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; Curd

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 21 as found on page 94 of the Senate Journal; also

Judiciary on SB 24 as found on page 95 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The following bill was read on January 15, and today the President Pro tempore assigned this bill to committee:

SB 6 was referred to the Committee on Judiciary.

SB 78 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Commissioner of South Dakota.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 79 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the federal census.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 80 Introduced by: Senators Ewing, Holien, Jones (Chuck), Lucas, Maher, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Tieszen, and Vehle and Representatives Johns, Duvall, Feinstein, Hajek, Hoffman, May, Novstrup (David), Olson (Betty), Romkema, Rounds, Solum, Tulson, and Werner

FOR AN ACT ENTITLED, An Act to provide a credit to homebuilt aircraft for sales and use taxes when paying the aircraft registration tax and to make a reimbursement to the aeronautics fund for the amount of the credit granted.

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

SB 81 Introduced by: Senators Ewing, Brown, Jensen, Kirkeby, Lucas, Maher, Monroe, Novstrup (Al), Omdahl, Otten (Ernie), Tieszen, and Welke and Representatives Lust, Anderson, Johns, Olson (Betty), Peterson, Steele, and Verchio

FOR AN ACT ENTITLED, An Act to prohibit the possession of certain items in jails, to provide a penalty therefor, and to revise the penalty for the procurement of certain items into a jail.

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

SB 82 Introduced by: Senator Maher and Representative Olson (Betty)

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning purchases, sales, and contracts made by public officers with the state or its political subdivisions.

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

SB 83 Introduced by: Senators Begalka, Frerichs, and Rampelberg and Representatives Hoffman, Peterson, Qualm, Tulson, and Tyler

FOR AN ACT ENTITLED, An Act to authorize townships and counties to impose real estate transfer fees.

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

SB 84 Introduced by: Senators Peters, Brown, Heineman (Phyllis), Jones (Tom), Novstrup (Al), Rave, Sutton, Tidemann, Van Gerpen, and White and Representatives Romkema, Bolin, Carson, Cronin, Dryden, Haggar (Don), Hawley, Mickelson, Werner, and Wismer

FOR AN ACT ENTITLED, An Act to update certain statutes relating to notification of certain transfers.

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

SB 85 Introduced by: Senators Tieszen, Brown, Frerichs, Holien, Kirkeby, Krebs, Lederman, Novstrup (Al), and Rave and Representatives Latterell, Bolin, Feinstein, Greenfield, Hajek, Hawley, Hoffman, Hunhoff (Bernie), Kaiser, Lust, Nelson, Otten (Herman), Solum, and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confidential criminal justice information.

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

SB 86 Introduced by: Senators Monroe, Begalka, Ewing, Jensen, Kirkeby, Lederman, and Vehle and Representatives Greenfield, Duvall, Kaiser, Latterell, Olson (Betty), Stalzer, and Wick

FOR AN ACT ENTITLED, An Act to make an appropriation to the state aeronautics fund.

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

SB 87 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

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, and to declare an emergency.

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

SB 88 Introduced by: The Committee on Transportation at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding traction engines operated over bridges.

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

SJR 1 Introduced by: Senators Jones (Chuck), Bradford, Kirkeby, Lederman, and Tieszen and Representatives Craig, Rozum, Soli, Steele, and Tyler

A JOINT RESOLUTION, Making formal application to Congress to lawfully recognize the ratification of the 26^th amendment of the United States Constitution, which ensures the right to vote to all citizens over the age of eighteen.

Was read the first time and referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1021: FOR AN ACT ENTITLED, An Act to provide for judicial review of Board of Regents decisions involving student discipline and residency classification.

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

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain statutes and administrative rules regarding licensure of nursing facility administrators and to increase certain fees.

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

HB 1035: FOR AN ACT ENTITLED, An Act to provide certain provisions relating to the executive branch internship program.

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

HB 1042: FOR AN ACT ENTITLED, An Act to revise the penalty for late payment of the additional original registration tax on aircraft.

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

HB 1044: FOR AN ACT ENTITLED, An Act to authorize limited cosmetology services outside of a licensed salon or booth.

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

HB 1045: FOR AN ACT ENTITLED, An Act to revise unemployment insurance contribution rates.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1052: FOR AN ACT ENTITLED, An Act to authorize additional disclosure regarding certain insurance investigations and examinations.

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

HB 1054: FOR AN ACT ENTITLED, An Act to establish consumer protection standards regarding certain insurance claim practices and to provide for certain penalties.

Was read the first time.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive appointment of Mark Smith of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the executive appointment of Mark Smith pursuant to the executive message as found on page 24 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; Curd

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 BILLS AND RESOLUTIONS

SB 45: FOR AN ACT ENTITLED, An Act to revise the Real Estate Commission's grounds for disciplinary actions on home inspectors.

Was read the second time.

The question being "Shall SB 45 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; 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 47: FOR AN ACT ENTITLED, An Act to establish new criteria for the certification, licensure, and registration of real estate appraisers.

Was read the second time.

The question being "Shall SB 47 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; 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 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding private placement policies.

Was read the second time.

The question being "Shall SB 49 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; 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 50: FOR AN ACT ENTITLED, An Act to authorize rule-making authority to establish record-keeping requirements for insurers and producers.

Was read the second time.

The question being "Shall SB 50 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; 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 26: FOR AN ACT ENTITLED, An Act to establish certain electronic crime victim notification procedures.

Was read the second time.

The question being "Shall SB 26 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Begalka; 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.

Sen. Rave moved that the balance of the calendar including SB 48, 52, and 22 be deferred to Tuesday, January 28, the 9^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 1 Introduced by: Senators Van Gerpen, Brown, Heineman (Phyllis), Hunhoff (Jean), Jones (Chuck), Jones (Tom), Krebs, Novstrup (Al), Otten (Ernie), Rave, Rhoden, and Solano and Representatives Nelson, Bolin, Campbell, Carson, Hajek, Hawley, Hunhoff (Bernie), Kaiser, Kopp, Parsley, Ring, Schoenfish, Stalzer, Steele, Stevens, Verchio, and Wick

A LEGISLATIVE COMMEMORATION, Celebrating and honoring Tabor's Annual Czech Days Festivities on the occasion of its sixty-fifth anniversary on June 19, 20, and 21, 2014.

WHEREAS, Czech immigrants have enriched the culture of South Dakota with their exceptional and traditional achievements in music, literature, and art, and are known for their love of agriculture, mechanical arts, and democracy, which they strive to preserve for future generations; and

WHEREAS, this year's Czech Days Royalty are Queen Mariah Kostal, Princess Joslyn Walloch, and Prince Christian Rettig; and

WHEREAS, Czech Days offers a variety of exhibits, attractions, events, and entertainment, including the Czech Heritage Museum; Blachnik Museum; St. Wenceslaus Church; programs for adults and children in Sokol Park; live Czech music in Beseda Hall; a variety of Czech foods, including kolaches; a kolache baking demonstration; adult and youth parades; a craft fair; a pedal tractor pull; a Tabor Bluebird baseball game; and the Rich Schild Memorial Fireworks Display to start the celebration on the evening of June nineteenth:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature recognizes all South Dakotans of Czech ancestry and invites everyone to participate in the sixty-sixth Tabor Czech Days celebration on June 19, 20, and 21, 2014.

SC 2 Introduced by: Senators Otten (Ernie), Begalka, Ewing, Frerichs, Heineman (Phyllis), Jones (Chuck), Krebs, Lederman, Monroe, Omdahl, Peters, Rampelberg, Rave, Rhoden, Soholt, Solano, Van Gerpen, and Welke and Representatives Otten (Herman), Campbell, Cronin, Kaiser, Latterell, Lust, Mickelson, Qualm, Sly, Steele, Westra, and Wick

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Sara Bakken on being named Outstanding Young Music Educator.

WHEREAS, Sara Bakken, a first-year teacher in the Lennox School District, has achieved recognition as the state's Outstanding Young Music Educator for exemplary service in music education; and

WHEREAS, this prestigious award, presented by her peers at the State Music Education Conference, is given in recognition of meritorious service and outstanding promise in music education; and

WHEREAS, Sara Bakken earned this award by devoting her exemplary teaching skills to the sixth through eighth grade band and the high school marching band in Lennox. Before coming to Lennox, she also directed the middle and high school bands in Mobridge-Pollock School District and taught a seventh grade music exploratory class:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates Sara Bakken on being named Outstanding Young Music Educator, recognizes her meritorious service and outstanding promise in music education, and extends best wishes for her continued success and happiness.

SC 3 Introduced by: Senators Otten (Ernie), Begalka, Brown, Ewing, Heineman (Phyllis), Holien, Jones (Chuck), Kirkeby, Krebs, Lederman, Maher, Monroe, Omdahl, Peters, Rampelberg, Rave, Rhoden, Solano, and Van Gerpen and Representatives Otten (Herman), Campbell, Craig, Cronin, Kaiser, Latterell, Lust, Sly, Steele, and Westra

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Mike Whitehead on winning the State Truck Driving Competition.

WHEREAS, Mike Whitehead, a truck driver from Lennox, South Dakota, has achieved recognition as the winner of the State Truck Driving Competition for the sixth year; and

WHEREAS, Mike Whitehead qualified for the state competition by having a valid CDL and having been accident free during the previous year; and

WHEREAS, Mike Whitehead had to compete in three different sections at the State Truck Driving Competition: the first section was a forty question test covering statistics from the Facts for Drivers book, the second section required the driver to conduct a "pre-checklist" inspection of the truck to find major and minor defects within the time limit of nine minutes, and the third section required drivers to maneuver the vehicle around a skills course:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates Mike Whitehead in winning the State Truck Driving Competition, recognizes his outstanding record of safety and cautious and knowledgeable driving, and extends best wishes for his continued success and happiness.

Sen. Heineman (Phyllis) moved that the Senate do now adjourn, which motion prevailed and at 2:00 p.m. the Senate adjourned.

Jeannette Schipper, Secretary