JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

FOURTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 5, 2014

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 pages Alexis Schubert and Jacey Jessop.

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 thirteenth 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.

INTRODUCTION OF HONORED GUESTS

The President introduced the following outstanding school administrators:Tim Raabe, secondary principal, Lennox; Tim Koehler, middle school principal, Harrisburg; Kristin Hamman, special education director, Harrisburg; Jeff Ward, curriculum director, Meade; Georgia Sandgren, business manager, Black Hills Special Services Coop; Tanja Pederson, elementary principal, Harrisburg; Al Leber, superintendent, Dakota Valley; Jim Seyer, assistant secondary principal, Spearfish, to the body.

COMMUNICATIONS AND PETITIONS

October 22, 2013

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

Re: Re-Appointment of Kay F. Nikolas, to the Board of Pardons and Paroles

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court has reappointed Kay F. Nikolas, an attorney from Sisseton, South Dakota, to the Board of Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the Senate for consent.

We will await your advice as to the Senate's action with regard to this appointment. Thank you for your continued cooperation.

Very truly yours,
Shirley A. Jameson-Fergel

SAJ:ms
Encl. Copy of Order of Appointment
pc: Ms. Kay F. Nikolas

The President announced the referral of the appointment to the Committee on Judiciary.

October 22, 2013

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

Re: Re-Appointment of David R. Nelson, to the Board of Pardons and Paroles

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court has reappointed David R. Nelson, an attorney from Sioux Falls, South Dakota, to the Board of Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the Senate for consent during the next Legislative Session.

We will await your advice as to the Senate's action with regard to this appointment. Thank you for your cooperation.

Very truly yours,

Shirley A. Jameson-Fergel

SAJ:ms
Encl. Copy of Order of Appointment
pc: Mr. David R. Nelson

The President announced the referral of the appointment to the Committee on Judiciary.

December 30, 2013

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

Re: Appointment of Kevin J. Krull, to the Board of Pardons and Paroles

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of SDCL 24-13-1, and subject to your confirmation, the Court has appointed Kevin J. Krull, an attorney from Sturgis, South Dakota, to the Board of Pardons and Paroles. Accordingly, the Court requests that you submit said appointment to the Senate for consent during the next Legislative Session.

We will await your advice as to the Senate's action with regard to this appointment. Thank you for your cooperation.

Very truly yours,

Shirley A. Jameson-Fergel

SAJ:ms
Encl. Copy of Order of Appointment
pc: Mr. Kevin J. Krull

The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 91 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 68 and 82 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 105 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1044 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 123 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on State Affairs 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 State Affairs respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill be amended as follows:

127oa

On page 2, line 9, of the printed bill, delete "five hundred" and insert "one dollar ($1)".

On page 2, line 10, delete everything before "to" .

And that as so amended said bill do pass.

Respectfully submitted,
Larry Rhoden, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 98 and HB 1070 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1057 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 Taxation respectfully reports that it has had under consideration SB 83 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1010 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1019, 1058, 1069, 1074, 1076, 1080, 1081, 1084, 1086, 1087, 1092, 1094, and 1118 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Brown moved that SB 146 be referred from the Committee on Transportation to the Committee on State Affairs.

Which motion prevailed.

Sen. Rave moved that SB 106 be deferred to Monday, February 10, the 17^th legislative day.

Which motion prevailed.

SCR 1 Introduced by: Senators Sutton, Bradford, Buhl O'Donnell, Frerichs, Hunhoff (Jean), Krebs, Lucas, Rave, Tidemann, and Van Gerpen and Representatives Ecklund, Anderson, Bartling, Bolin, Carson, Cronin, Feinstein, Gibson, Greenfield, Hajek, Hawks, Hawley, Heinert, Hoffman, Hunhoff (Bernie), Killer, Kirschman, Nelson, Olson (Betty), Parsley, Qualm, Rasmussen, Ring, Rounds, Rozum, Schaefer, Schoenfish, Sly, Soli, Tyler, Verchio, Wink, and Wismer

A CONCURRENT RESOLUTION, Urging Congress to reject the proposal to remove the states' authority to designate a hospital as a necessary provider under the critical access hospital program.

WHEREAS, the critical access hospital program was passed into law by Congress in 1997 to preserve the viability of more than twelve hundred rural hospitals in the country; and

WHEREAS, thirty-eight of South Dakota's fifty-two community-based hospitals are critical access hospitals, and their financial existence depends on their continued participation in the critical access hospital program; and

WHEREAS, until 2006, states could declare certain hospitals exempt from certain distance requirements attributed to the critical access hospital program, and South Dakota's Governor was provided with the ability to designate a hospital as a necessary provider under the critical access hospital program; and

WHEREAS, the Office of Inspector General of the United States Department of Health and Human Services has proposed that Congress pass revisions to the critical access hospital program that would render the states' necessary provider designation null and void, and as many as twenty-one critical access hospitals in South Dakota could lose their critical access hospital status if the necessary provider designations are eliminated:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-Ninth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature express its support for maintaining the states' ability to designate a hospital as a necessary provider; and

BE IT FURTHER RESOLVED, that the Legislature petition Congress to reject the proposal of the Office of the Inspector General and maintain the states' designation process.

Was read the first time, the President waived the referral to committee, and placed SCR 1 on the calendar of Thursday, February 6, the 15^th legislative day.

HCR 1010: A CONCURRENT RESOLUTION, Requesting the Committee on Government Operations and Audit to conduct hearings relating to the operations of the Governor's Office of Economic Development.

Was read the first time, the President waived the referral to committee, and placed HCR1010 on the calendar of Thursday, February 6, the 15^th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Rave moved that the report of the Standing Committee on

Education on SB 113 as found on page 193 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1019: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the requirements for postsecondary institutions to participate in a multistate state authorization reciprocity agreement for distance education activities.

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

HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the application of railroad tax credits.

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

HB 1069: FOR AN ACT ENTITLED, An Act to revise the maximum redemption fee for property tax deeds.

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

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning actions prohibited near polling places.

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

HB 1076: FOR AN ACT ENTITLED, An Act to revise certain requirements relating to party fishing.

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

HB 1080: FOR AN ACT ENTITLED, An Act to clarify that emergency personnel driving records are not to include motor vehicle accidents resulting while engaged in the performance of their official duties.

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

HB 1081: FOR AN ACT ENTITLED, An Act to revise the computation of the promotional fee on wheat.

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

HB 1084: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the list of persons who may be excluded from a licensed gaming establishment and to provide a penalty for a violation of the exclusion.

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

HB 1086: FOR AN ACT ENTITLED, An Act to create a leased residential property classification and to establish the school district general fund levy for the property classification.

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

HB 1087: FOR AN ACT ENTITLED, An Act to change how rural fire protection districts conduct elections.

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

HB 1092: FOR AN ACT ENTITLED, An Act to require that crematories be under the direction of licensed funeral establishments and funeral directors.

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

HB 1094: FOR AN ACT ENTITLED, An Act to prohibit a person from interfering with a public safety answering point.

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

HB 1118: FOR AN ACT ENTITLED, An Act to clarify certain provisions about discharging firearms in safety zones.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Brown requested that HB 1061 be removed from the Consent Calendar.

SB 78: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Commissioner of South Dakota.

Was read the second time.

The question being "Shall SB 78 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
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

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

Was read the second time.

The question being "Shall SB 79 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

HB 1032: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding children placed in residential treatment centers or intensive residential treatment centers.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being "Shall SB 84 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 74: FOR AN ACT ENTITLED, An Act to provide for the consideration of joint physical custody of a minor.

Was read the second time.

The question being "Shall SB 74 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 HB 1046 and 1049 be deferred to Thursday, February 6, the 15^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

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

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 8 Introduced by: Senators Soholt, Ewing, Jensen, Lederman, Otten (Ernie), and Rhoden and Representatives Sly, Anderson, Bolin, Cammack, Craig, Johns, Latterell, Otten (Herman), Romkema, and Wink

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2012-2013 Outstanding School Administrators of South Dakota, including Al Leber, Dakota Valley, School Superintendent; Tim Koehler, Harrisburg, Middle School Principal; Georgia Sandgren, Black Hills Special Services Coop, School Business Official; Tanja Pederson, Harrisburg, Elementary School Principal; Tim Raabe, Lennox, Secondary School Principal; Jim Seyer, Spearfish, Assistant Secondary School Principal; Jeff Ward, Meade, Curriculum

Director; and Kristin Hamman, Harrisburg, Director of Special Education for being named outstanding administrators by their respective administrator professional groups.

WHEREAS, these administrators have been elected by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these eight educational administrators is two hundred and seven years; and

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in each of the administrator's chosen educational field:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Al Leber, Tim Koehler, Georgia Sandgren, Tanja Pederson, Tim Raabe, Jim Seyer, Jeff Ward, and Kristin Hamman are named as official representatives of the School Administrators of South Dakota and shall continue their efforts to improve the educational opportunities for the children of South Dakota.

SC 9 Introduced by: Senators Otten (Ernie), Brown, Jones (Chuck), and Omdahl and Representatives Otten (Herman), Anderson, Latterell, Stalzer, and Verchio

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Mick Nesseim of Tea, South Dakota, for placing first in the Men's Level 2 competition at the Mounted Shooters State Shoot.

WHEREAS, Mick Nesseim competed using two .45 caliber single action revolvers each loaded with five rounds of specially prepared blank ammunition; and

WHEREAS, in September 2013, Mick Nesseim placed first in the Men's Level 2 competition at the Mounted Shooters State Shoot:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates Mick Nesseim for placing first in the Men's Level 2 competition at the Mounted Shooters State Shoot, recognizes his outstanding skills and performance at the competition, and extends best wishes for his continued success and happiness.

SC 10 Introduced by: Senators Otten (Ernie), Brown, Ewing, Jones (Chuck), and Omdahl and Representatives Otten (Herman), Anderson, Latterell, Stalzer, and Verchio

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Dawn Murphy on being awarded Finance Officer of the Year by the South Dakota Municipal League.

WHEREAS, Dawn Murphy, Tea's finance officer for seventeen years, was nominated by many people such as Mayor John Lawler, council members Sidney Munson and Todd Boots, and several other grateful counterparts from area municipalities; and

WHEREAS, Dawn Murphy, in addition to fulfilling her occupational duties, works as a volunteer mentor for students, helps organize Teapot Days, oversees the finances of the Tea Park and Rec program, serves as the fund-raising chair for the Tea Area High School soccer club, and also serves as the president of the Southeast Area Finance Officers Group:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates Dawn Murphy on being awarded Finance Officer of the Year, recognizes her hard work and exemplary skills as a finance officer, and extends best wishes for her continued success and happiness.

SC 11 Introduced by: Senators Holien, Frerichs, Hunhoff (Jean), Krebs, Tidemann, and Tieszen and Representatives Hunhoff (Bernie), Duvall, Hawks, and Rounds

A LEGISLATIVE COMMEMORATION, Honoring the 2014 South Dakota Boys & Girls Clubs of America's Youth of the Year finalists.

WHEREAS, Hannah Wilson, Boys & Girls Club of the Black Hills; Kyle Kleinschmit, Boys & Girls Club of Brookings/Yankton; Abigail Gunderson, Boys & Girls Club of the Capital Area; Samiah Ford, Boys & Girls Club of the Sioux Empire; and Ashley Berkey, Boys & Girls Club of Watertown belong to a Boys & Girls Club in South Dakota and have been selected to represent their respective club in the state Youth of the Year Program; and

WHEREAS, the Youth of the Year Program is the Boys & Girls Clubs of America's premier youth recognition program for club members which promotes and celebrates service to club, community, and family; academic performance; moral character; life goals; and poise and public speaking ability; and

WHEREAS, the Tupperware Brands Corporation generously sponsors the Boys & Girls Clubs of America's Youth of the Year program; and

WHEREAS, one of these club members will be selected to represent South Dakota in the national Youth of the Year program; and

WHEREAS, these club members have demonstrated exemplary accomplishments in the areas of service, academics, moral character, life goals, and poise and public speaking ability:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Hannah Wilson, Boys & Girls Club of the Black Hills; Kyle Kleinschmit, Boys & Girls Club of Brookings/Yankton; Abigail Gunderson, Boys & Girls Club of the Capital Area; Samiah Ford, Boys & Girls Club of the Sioux Empire; and Ashley Berkey, Boys & Girls Club of Watertown are to be commended for their outstanding achievements, and that appreciation is extended to the Boys & Girls Clubs of America and the Tupperware Brands

Corporation for their work in promoting and celebrating these achievements through the Youth of the Year program.

Sen. Kirkeby moved that the Senate do now adjourn, which motion prevailed and at 2:52 p.m. the Senate adjourned.

Jeannette Schipper, Secretary