JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 18, 2014

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

The prayer was offered by the Chaplain, Reverend John Armstrong, followed by the Pledge of Allegiance led by Senate page Victoria Murphy.

Roll Call: All members present except Sen. Krebs 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 twentieth 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.

HONORED GUEST

The President introduced Bob Graff of the Agar-Blunt-Onida School District, the 2014 School Board Member of the Year, to the body.

COMMUNICATIONS AND PETITIONS

February 18, 2014

Mr. President and Members of the Senate:

I have the honor to inform you that on February 18, 2014, I approved Senate Bill 58, 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 SB 34 and 35 were delivered to his Excellency, the Governor, for his approval at 9:00 a.m., February 18, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 128 and 130 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 129 and 155 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1076 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill be amended as follows:

164ta

On page 2, line 3, of the printed bill, after "counties." insert "If all of the two thousand fall three-day temporary nonresident waterfowl licenses are sold, the Game, Fish and Parks Commission may issue an additional number of such licenses not to exceed three hundred.".

And that as so amended said bill do pass.

Respectfully submitted,
Bruce Rampelberg, Vice-Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 170 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 69 and returns the same with the recommendation that said bill be amended as follows:

69oa

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 61-6-9.1 be amended to read as follows:

61-6-9.1. Good cause for voluntarily leaving employment is restricted to leaving employment because:

(1) Continued employment presents a hazard to the employee's health. However, this subdivision applies only if:

(a) Prior to the separation from the employment the employee is examined by a licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5, and advised that continued employment presents a hazard to his health; and

(b) The health hazard is supported by a certificate signed by the licensed practitioner of the healing arts.

The secretary of labor and regulation may request an additional certificate signed by another licensed practitioner of the healing arts, as defined in chapter 36-4 or 36-5;

(2) The employer required the employee to relocate the employee's residence to hold the employee's job;

(3) The employer's conduct demonstrates a substantial disregard of the standards of behavior that the employee has a right to expect of an employer or the employer has breached or substantially altered the contract for employment;

(4) An individual accepted employment while on lay off and subsequently quit the employment to return to work for the individual's regular employer;

(5) The employee's religious belief mandates it. This provision does not apply, however, if the employer has offered to the employee reasonable accommodations taking into consideration the employee's religious beliefs if this offer is made before the employee leaves the employment;

(6) Leaving is necessary to protect the individual from domestic abuse. However, this subdivision applies only if:

(a) The employee reports the abusive situation to law enforcement within forty-eight hours of any occurrence and cooperates fully with law enforcement in any subsequent investigation and criminal charge relating to the abusive

situation. Upon request by the department, the law enforcement agency shall complete and return to the department a certification form indicating whether the employee has complied with the requirements of this subdivision;

(b) The employee has left the abusive situation and remains separate from the situation; and

(7) The employee is relocating to accompany a spouse who has been reassigned from one military assignment to another; or

(8) The employee is an officer who exercises substantial control in decisions to take or not to take action on behalf of a corporation and has no other alternative than to leave employment with that corporation. This does not preclude a corporate officer who does not exercise substantial control in any decision to take or not take action on behalf of a corporation from being found to have good cause to leave employment under the circumstances set out in subdivisions (1) to (7), inclusive.

Any person found to have good cause for leaving employment due to domestic abuse as set forth in subdivision (6) and who returns to the abusive situation is ineligible for benefits. "

69ota

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding good cause for voluntarily leaving employment.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill be amended as follows:

161ta

On the printed bill, delete everything after the enacting clause and insert:

"Section 1. That § 45-5A-5.2 be amended to read as follows:

45-5A-5.2. The surface owner, and surface lessee, if any, may seek actual and punitive damages in the court of proper jurisdiction if the mineral developer fails to provide the notice required by § 45-5A-5 or the notice required by § 45-5A-5.1. "

161tta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions relating to notice provided by mineral developers.".

On page 1, delete lines 2 and 3.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations.

Respectfully submitted,
Ried S. Holien, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1017, 1018, and 1019 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Brown moved that HB 1212 be referred from the Committee on Local Government to the Committee on State Affairs.

Which motion prevailed.

HCR 1017: A CONCURRENT RESOLUTION, Urging Congress, the White House Office of National Drug Control Policy (ONDCP), the United States Department of Justice, and the United States Drug Enforcement Administration (DEA) to recognize industrial hemp as a valuable agricultural commodity.

Was read the first time, the President waived the referral to committee, and placed HCR 1017 on the calendar of Wednesday, February 19, the 22^nd legislative day.

HCR 1018: A CONCURRENT RESOLUTION, Recognizing Chronic Obstructive Pulmonary Disease (COPD) as a serious and chronic disease in South Dakota.

Was read the first time, the President waived the referral to committee, and placed HCR 1018 on the calendar of Wednesday, February 19, the 22^nd legislative day.

HCR 1019: A CONCURRENT RESOLUTION, Petitioning Congress to reauthorize federally provided terrorism reinsurance for insurers.

Was read the first time, the President waived the referral to committee, and placed HCR 1019 on the calendar of Wednesday, February 19, the 22^nd legislative day.

SCR 4: A CONCURRENT RESOLUTION, Celebrating and honoring the Historic Homestake Opera House in Lead on the occasion of its centennial on August 31, 2014.

Was read the second time.

Sen. Ewing moved that SCR 4 as found on page 327 of the Senate Journal be adopted.

The question being on Sen. Ewing's motion that SCR 4 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Krebs

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted.

HCR 1016: A CONCURRENT RESOLUTION, Urging the federal government to enforce United States immigration laws and not grant amnesty to those who have entered the United States illegally.

Was read the second time.

Sen. Jensen moved that the Senate do concur in HCR 1016 as found on page 315 of the House Journal.

The question being on Sen. Jensen's motion that HCR 1016 be concurred in.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Begalka; Curd; Ewing; Heineman (Phyllis); Holien; Jensen; Kirkeby; Maher; Monroe; Omdahl; Otten (Ernie); Rampelberg; Rhoden; Solano; Van Gerpen; Vehle

Nays:
Bradford; Brown; Buhl O'Donnell; Frerichs; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Lederman; Lucas; Novstrup (Al); Peters; Rave; Soholt; Sutton; Tidemann; Tieszen; Welke; White

Excused:
Krebs

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on SB 19 as found on page 322 of the Senate Journal; also

Appropriations on SB 90 as found on page 322 of the Senate Journal; also

Judiciary on SB 81 as found on page 324 of the Senate Journal; also

Commerce and Energy on SB 180 as found on page 326 of the Senate Journal; also

Commerce and Energy on SB 171 as found on page 326 of the Senate Journal; also

Commerce and Energy on SB 183 as found on page 326 of the Senate Journal; also

Commerce and Energy on SB 186 as found on page 327 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of John L. Cooper of Hughes County, Pierre, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive reappointment of John L. Cooper pursuant to the executive message as found on page 106 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Maher

Excused:
Krebs

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

The Senate proceeded to the consideration of the executive appointment of Herman P. Dennert of Brown County, Columbia, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of Herman P. Dennert pursuant to the executive message as found on page 142 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Maher

Excused:
Krebs

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 William S. Phillips of Meade County, New Underwood, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive appointment of William S. Phillips pursuant to the executive message as found on page 122 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Maher

Excused:
Krebs

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

SB 77: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county prisoners.

Was read the second time.

The question being "Shall SB 77 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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 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 second time.

The question being "Shall HB 1084 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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

Sen. Rave moved that SB 116, 172, and 162 be deferred to Wednesday, February 19, the 22^nd legislative day.

Which motion prevailed.

SB 127: FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Teach for America grant program.

Having had its second reading was up for reconsideration and final passage.

127ja

Sen. Bradford moved that SB 127 be amended as follows:

On page 2, between lines 12 and 13 of the Senate State Affairs Committee engrossed bill, insert:

"Section 3. The state shall use money from the funds appropriated in section 2 of this Act to reimburse schools for any fees paid to Teach for America.".

The question being on Sen. Bradford's motion that SB 127 be amended.

Sen. Bradford requested a roll call vote.

Which request was supported.

The question being on Sen. Bradford's motion that SB 127 be amended.

And the roll being called:

Yeas 9, Nays 25, Excused 1, Absent 0

Yeas:
Bradford; Buhl O'Donnell; Frerichs; Jones (Tom); Lucas; Peters; Sutton; Tidemann; Welke

Nays:
Begalka; Brown; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Tieszen; Van Gerpen; Vehle; White

Excused:
Krebs

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

The question being "Shall SB 127 pass as amended?"

And the roll being called:

Yeas 17, Nays 17, Excused 1, Absent 0

Yeas:
Begalka; Brown; Heineman (Phyllis); Holien; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Novstrup (Al); Rampelberg; Rave; Soholt; Solano; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Curd; Ewing; Frerichs; Hunhoff (Jean); Jensen; Lucas; Maher; Monroe; Omdahl; Otten (Ernie); Peters; Rhoden; Sutton; Tidemann; Welke

Excused:
Krebs

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

SB 169: FOR AN ACT ENTITLED, An Act to provide for access to and use of public waters on public and private property and to protect private property rights for the citizens of South Dakota.

Having had its second reading was up for consideration and final passage.

Sen. Brown moved that SB 169 and all pending amendments be laid on the table.

The question being on Sen. Brown's motion that SB 169 and all pending amendments be laid on the table.

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Holien; Maher; Tidemann

Excused:
Krebs

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

SB 173: FOR AN ACT ENTITLED, An Act to provide authority to establish special purpose districts for libraries.

Was read the second time.

173tb

Sen. Rampelberg moved that SB 173 be amended as follows:

On page 2, line 3 of the Senate Local Government Committee engrossed bill, delete ". The" and insert "upon the provision of".

On page 2, line 3, delete "shall be" and insert "as".

Which motion prevailed.

The question being "Shall SB 173 pass as amended?"

And the roll being called:

Yeas 8, Nays 26, Excused 1, Absent 0

Yeas:
Begalka; Buhl O'Donnell; Holien; Monroe; Rampelberg; Sutton; Tieszen; Welke

Nays:
Bradford; Brown; Curd; Ewing; Frerichs; Heineman (Phyllis); Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Lederman; Lucas; Maher; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rave; Rhoden; Soholt; Solano; Tidemann; Van Gerpen; Vehle; White

Excused:
Krebs

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

SB 18: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a greenhouse on the campus of Northern State University and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 18 pass?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

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

Nays:
Brown; Ewing; Jensen; Maher; Monroe; Omdahl

Excused:
Krebs

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.

SB 37: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

Was read the second time.

The question being "Shall SB 37 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Krebs

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 124: FOR AN ACT ENTITLED, An Act to revise certain reimbursement provisions relating to legislators-elect and newly appointed legislators.

Was read the second time.

The question being "Shall SB 124 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Monroe

Excused:
Jones (Tom); Krebs

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 HB 1061, 1029, 1012, 1015, 1045, 1058, 1079, 1014, 1110, 1069, 1178, 1019, and 1081 be deferred to Wednesday, February 19, the 22^nd legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1048: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding property and casualty insurance.

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of insurance rating organizations.

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.

And signed the same in the presence of the Senate.

COMMEMORATION

SC 22 Introduced by: Senators Monroe, Begalka, Ewing, Heineman (Phyllis), Hunhoff (Jean), Jones (Chuck), Krebs, Omdahl, Otten (Ernie), Rampelberg, Soholt, Solano, Tieszen, Van Gerpen, Vehle, and White and Representatives Rounds, Bartling, Campbell, Conzet, Cronin, Ecklund, Feickert, Feinstein, Gibson, Hawks, Hawley, Heinert, Hunhoff (Bernie), Killer, Kirschman, Kopp, Lust, Munsterman, Otten (Herman), Parsley, Peterson, Qualm, Ring, Russell, Schrempp, Sly, Soli, Stevens, Tulson, Tyler, Werner, Westra, Wick, Wink, and Wismer

A LEGISLATIVE COMMEMORATION, Honoring the South Dakota Head Start Association.

WHEREAS, the South Dakota Head Start Association has served the State of South Dakota for the last twenty-five years; and

WHEREAS, the South Dakota Head Start Association has been an advocate and voice for the children and families who are served by the state's sixteen Head Start programs; and

WHEREAS, the South Dakota Head Start Association serves approximately 5,700 children and 5,100 families in South Dakota annually; and

WHEREAS, the South Dakota Head Start Association works collaboratively with other stakeholders to meet the needs of low-income families in South Dakota while achieving outcomes for children in preparation for future success in learning:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the South Dakota Head Start Association is commended and honored for its service to the State of South Dakota.

Sen. Omdahl moved that the Senate do now adjourn, which motion prevailed and at 3:54 p.m. the Senate adjourned.

Jeannette Schipper, Secretary