JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 6, 2014

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Alex McLaury.

Roll Call: All members present except Sens. Buhl O'Donnell and Frerichs who were 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 fourteenth 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 American Legion Boys State Governor, Tyson Mitzel, of Westport, and Girls State Governor, Madison Meade, of Sioux Falls to the body.

COMMUNICATIONS AND PETITIONS

January 31, 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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed James E. Putnam, Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2017.

Sincerely,
Dennis Daugaard
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 30, 56, and 57 were delivered to his Excellency, the Governor, for his approval at 8:55 a.m., February 6, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1029 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 97 and returns the same with the recommendation that said bill be amended as follows:

97sa

On page 1, line 12, of the printed bill, delete "fraudulent" and insert "false".

On page 2, line 10, delete "in the state".

On page 3, line 2, delete "fraudulent" and insert "false".

97sb

On page 2, line 10, of the printed bill, after "credentials" insert "such as a credential evaluation and authentication report issued by: the World Education Services; an entity relied upon by South Dakota licensing boards; or South Dakota public postsecondary institutions".

97sta

On page 1, line 2, of the printed bill, delete "fraudulent" and insert "false".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 101 and 112 which were tabled.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1012 and 1015 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1045 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 SB 138 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 Commerce and Energy respectfully reports that it has had under consideration SB 115 and returns the same with the recommendation that said bill be amended as follows:

115ja

On page 3, line 10, of the printed bill, after "inclusive," insert "and in this Act".

On page 5, line 15, delete "13" and insert "12".

On page 5, line 18, delete "nonlicensable".

On page 6, line 10, delete everything before "director" and insert "The".

On page 6, line 17, delete everything before "travel" and insert "A".

On page 7, delete lines 18 to 21, inclusive.

On page 7, line 22, delete "(5)" and insert "(4)".

On page 7, line 24, delete "(6)" and insert "(5)".

On page 8, line 6, delete "(7)" and insert "(6)".

On page 8, line 7, delete ", pre-licensing,".

On page 8, line 12, after "that" insert "clearly display the following".

On page 10, line 3, after "with" delete "the" and insert "chapter 58-30 and chapter 58-33.".

On page 10, delete lines 4 and 5, and insert:

"Section 14. The director may promulgate rules, pursuant to chapter 1-26, relating to the program of instruction or training as set forth in subdivision (5) of section 7 of this Act.".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 92 which was tabled.

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 25 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 4 and returns the same with the recommendation that said bill be amended as follows:

4ja

On page 1, line 8, of the printed bill, after "States" delete ",".

On page 1, line 9, delete "and duly served on the respondent by the issuing jurisdiction,".

On page 2, line 3, before "has" insert "is or".

4rtb

On page 1, line 1, of the printed bill, delete ", by service,".

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 6 and returns the same with the recommendation that said bill be amended as follows:

6ja

On page 1 of the printed bill, delete lines 8 to 11, 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 the nomination of Don Holloway of Pennington County, Rapid City, 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 reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Brian Zeeb of Hughes County, Pierre, South Dakota, to the South Dakota Interstate Commission for Adult Offender Supervision and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Greg Erlandson of Pennington County, Rapid City, 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 HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1068, 1095, 1099, 1100, 1108, 1110, 1113, 1119, and 1151 and HJR 1002 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that HCR 1010, SB 98 and HB 1061 be deferred to Monday, February 10, the 17^th legislative day.

Which motion prevailed.

Sen. Brown moved that HB 1025 be referred to the Committee on Government Operations and Audit.

Which motion prevailed.

Sen. Brown moved that HB 1046 be referred to the Committee on Government Operations and Audit.

Which motion prevailed.

Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 7, the 16^th legislative day.

Which motion prevailed.

HCR 1011: A CONCURRENT RESOLUTION, Endorsing Taiwan's participation as an observer in the International Civil Aviation Organization (ICAO) and the thirtieth anniversary of sister state relations with the Province of Taiwan in the Republic of China (Taiwan) and Taiwan's inclusion in the Trans Pacific Partnership (TPP).

Was read the first time, the President waived the referral to committee, and placed HCR 1011 on the calendar of Friday, February 7, the 16^th legislative day.

SCR 1: 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.

Was read the second time.

Sen. Sutton moved that SCR 1 as found on page 223 of the Senate Journal be adopted.

The question being on Sen. Sutton's motion that SCR 1 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Brown; Curd; Ewing; 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:
Buhl O'Donnell; Frerichs

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 127 as found on page 221 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1068: FOR AN ACT ENTITLED, An Act to revise provisions relating to the use of dogs in hunting mountain lions.

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

HB 1095: FOR AN ACT ENTITLED, An Act to revise and clarify certain provisions relating to municipal officers.

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

HB 1099: FOR AN ACT ENTITLED, An Act to revise the membership of the State Investment Council.

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

HB 1100: FOR AN ACT ENTITLED, An Act to prohibit the use of certain photo radar speed detection systems and of certain photo monitoring devices to detect red light violations.

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

HB 1108: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding employment strikes and lockouts.

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

HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the definition of a resident for the purposes of hunting, fishing, and trapping licenses.

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

HB 1113: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

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

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to preliminary hearings for persons charged with class 1 misdemeanors.

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

HB 1151: FOR AN ACT ENTITLED, An Act to revise certain deadlines and offices regarding budgetary planning for municipalities.

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

HJR 1002: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article III, section 6 of the Constitution of the State of South Dakota, relating to legislative term limits.

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

The following bills were read on January 23, and today the President Pro tempore assigned these bills to committee.

HB 1050 was referred to the Committee on State Affairs.

HB 1051 was referred to the Committee on State Affairs.

The following bill was read on January 24, and today the President Pro tempore assigned this bill to committee.

HB 1054 was referred to the Committee on State Affairs.

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

SB 46 was referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Brown requested that SB 82 be removed from the Consent Calendar.

SB 68: FOR AN ACT ENTITLED, An Act to adopt the uniform real property electronic recording act, to use an existing funding source to implement the provisions of this Act, and to revise certain provisions concerning electronic recording.

Was read the second time.

The question being "Shall SB 68 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Buhl O'Donnell; Frerichs

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 95: FOR AN ACT ENTITLED, An Act to revise certain vehicle dealer licensing provisions.

Was read the second time.

The question being "Shall SB 95 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Buhl O'Donnell; Frerichs

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

Was read the second time.

The question being "Shall HB 1044 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Buhl O'Donnell; Frerichs

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 1047: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

Was read the second time.

The question being "Shall HB 1047 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Buhl O'Donnell; Frerichs

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 1057: FOR AN ACT ENTITLED, An Act to repeal certain provisions imposing the inheritance tax and the estate tax.

Was read the second time.

The question being "Shall HB 1057 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Buhl O'Donnell; Frerichs

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 113: FOR AN ACT ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

Was read the second time.

The question being "Shall SB 113 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Van Gerpen

Excused:
Buhl O'Donnell; Frerichs

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 91: FOR AN ACT ENTITLED, An Act to revise certain licensure definitions and provide certain regulatory powers to municipalities.

Was read the second time.

The question being "Shall SB 91 pass?"

And the roll being called:

Yeas 15, Nays 18, Excused 2, Absent 0

Yeas:
Begalka; Bradford; Heineman (Phyllis); Hunhoff (Jean); Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Novstrup (Al); Soholt; Tieszen; Van Gerpen; Welke

Nays:
Brown; Curd; Ewing; Holien; Jensen; Maher; Monroe; Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Solano; Sutton; Tidemann; Vehle; White

Excused:
Buhl O'Donnell; Frerichs

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

Sen. Krebs announced her intention to reconsider the vote by which SB 91 lost.

SB 103: FOR AN ACT ENTITLED, An Act to establish certain civil penalties for tampering or removing any highway marker, sign, or control device and to distribute the revenue from such civil penalties.

Was read the second time.

The question being "Shall SB 103 pass?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Peters; Rhoden

Excused:
Buhl O'Donnell; Frerichs

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1049: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions regarding the South Dakota Athletic Commission.

Was read the second time.

The question being "Shall HB 1049 pass?"

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

Yeas:
Begalka; Bradford; Brown; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Maher; Monroe; Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Welke; White

Nays:
Novstrup (Al); Peters; Van Gerpen; Vehle

Excused:
Buhl O'Donnell; Frerichs; Lucas

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1070: FOR AN ACT ENTITLED, An Act to sunset certain tax refund claims for an economic development incentive program that has been previously terminated and to declare an emergency.

Was read the second time.

The question being "Shall HB 1070 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Monroe

Excused:
Buhl O'Donnell; Frerichs; Lucas

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

SIGNING OF BILLS

The President publicly read the title to

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

HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 12 Introduced by: Senators Otten (Ernie), Jones (Chuck), Krebs, Monroe, Omdahl, and Tieszen and Representatives Otten (Herman), Latterell, Qualm, and Steele

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the Lennox sixth grade boys in winning the Extreme Hoops Tournament.

WHEREAS, the Lennox sixth grade boys basketball team in Tea on March 15 and 16, 2013, won against the Dakota Dominion on March 15^th and then beat the Sioux Falls Blaze and Tri-Valley Mustangs on March 16^th; and

WHEREAS, the Lennox sixth grade boys basketball team had members Quincy Ihnen, Zach Leisinger, Zach Foss, Camden Wulf, Kaleb Lundstra, Brock Anderson, Nick Ihnen, Riley Knutson, and JD Kirchner, and coaches Heath Ihnen and Todd Anderson:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates the Lennox sixth grade boys basketball team in winning the Extreme Hoops Tournament, recognizes their hard work and determination, and extends best wishes for their continued success and happiness.

SC 13 Introduced by: Senators Otten (Ernie), Jones (Chuck), Krebs, Monroe, Omdahl, and Tieszen and Representatives Otten (Herman), Latterell, Qualm, and Steele

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the Lennox archery team for winning the South Dakota State Archery Championship.

WHEREAS, the Lennox archery team claimed the South Dakota State Archery Championship for the second year in a row; and

WHEREAS, the Lennox archery team competed in the state shoot against thirty-seven other school districts, with a total of 540 students; and

WHEREAS, the Lennox archery team had an individual, Josh Goeman, who won individual state honors with his score of 269:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates the Lennox archery team for winning the South Dakota State Archery Championship as well as Josh Goeman for winning individual state honors, recognizes their outstanding hard work and determination, and extends best wishes for their continued success and happiness.

Sen. Krebs moved that the Senate do now adjourn, which motion prevailed and at 3:12 p.m. the Senate adjourned.

Jeannette Schipper, Secretary