JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 20, 2014

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

The prayer was offered by the Chaplain, Pastor Don Block, followed by the Pledge of Allegiance led by Senate page Krystal Worster.

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 twenty-second 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,

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 19, 2014

Mr. President and Members of the Senate:

I have the honor to inform you that on February 19, 2014, I approved Senate Bills 34 and 35, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

February 20, 2014

Mr. President and Members of the Senate:

I have the honor to inform you that on February 20, 2014, I approved Senate Bill 80, 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 Appropriations respectfully reports that it has had under consideration SB 38 and 152 and HB 1028 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, delete "shall" and insert "may".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 94 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, delete "million eight" and insert "dollar ($1)".

On page 1, line 6, delete "hundred ninety-four thousand eight dollars ($1,894,008)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 184 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete "from the general fund".

On page 1, line 5, after "necessary," insert "in other fund expenditure authority".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 185 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete "from the general fund".

On page 1, line 5, after "necessary," insert "in other fund expenditure authority".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 11, 86, and 111 which were tabled.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 102 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 118 and HB 1021, 1052, and 1082 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1033 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 HB 1031 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 Education respectfully reports that it has had under consideration SCR 2 which was tabled.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 156 which was deferred to the 41^st Legislative Day.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Julie Mathiesen of Meade County, Sturgis, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1130 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Bruce Rampelberg, Vice- Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HCR 1007 and HB 1108 and returns the same with the recommendation that said resolution and bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1107 and 1131 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of Steven J. Zellmer of Rapid City, South Dakota, to the South Dakota Building Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and the appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of David R. Emery of Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and the appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Kurt E. Solay of Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and the appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 120 which was tabled.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 136 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ried S. Holien, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1097, 1127, 1162, and 1206 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 21, the 24^th legislative day.

Which motion prevailed.

Yesterday, Sen. Peters announced her intention to reconsider the vote by which SB 162 passed.

Sen. Peters moved that the Senate do now reconsider the vote by which SB 162 passed.

The question being on Sen. Peters' motion to reconsider the vote by which SB 162 passed.

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Frerichs; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Lucas; Novstrup (Al); Peters; Rave; Solano; Sutton; Tidemann; Van Gerpen; Welke; White

Nays:
Ewing; Heineman (Phyllis); Holien; Jensen; Kirkeby; Lederman; Maher; Monroe; Omdahl; Otten (Ernie); Rampelberg; Rhoden; Soholt; Tieszen; Vehle

Excused:
Krebs

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 162 was up for reconsideration and final passage.

SB 162: FOR AN ACT ENTITLED, An Act to repeal certain mineral severance taxes imposed on precious metals and to repeal certain temporary and expired mineral severance taxes.

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

The question being "Shall SB 162 pass as amended?"

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Begalka; Ewing; Heineman (Phyllis); Holien; Jensen; Kirkeby; Lederman; Maher; Monroe; Omdahl; Rampelberg; Rhoden; Soholt; Tieszen; Vehle

Nays:
Bradford; Brown; Buhl O'Donnell; Curd; Frerichs; Hunhoff (Jean); Jones (Chuck); Jones (Tom); Lucas; Novstrup (Al); Otten (Ernie); Peters; Rave; Solano; Sutton; Tidemann; Van Gerpen; Welke; White

Excused:
Krebs

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

HCR 1012: A CONCURRENT RESOLUTION, Recognizing the honor and remember flag as the designated symbol of South Dakota's concern and commitment to honoring and remembering all members of the United States Armed Forces who have lost their lives while serving, or as a result of service, and their families.

Was read the second time.

Sen. Hunhoff (Jean) moved that the Senate do concur in HCR 1012 as found on page 291 of the House Journal.

The question being on Sen. Hunhoff's (Jean) motion that HCR 1012 be concurred in.

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 HCR 1012 was concurred in.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 99 as found on page 359 of the Senate Journal; also

State Affairs on SB 176 as found on page 361 of the Senate Journal; also

Transportation on SB 179 as found on page 362 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1097: FOR AN ACT ENTITLED, An Act to revise the criteria for classifying property as agricultural land.

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

HB 1127: FOR AN ACT ENTITLED, An Act to provide an exemption for alimony payments in debtor filings.

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

HB 1162: FOR AN ACT ENTITLED, An Act to prohibit the practice of sex-selective abortions, to establish certain procedures to better ensure that sex-selective abortions are not practiced in South Dakota, and to provide penalties therefor.

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

HB 1206: FOR AN ACT ENTITLED, An Act to authorize the payment of lease rental obligations to the South Dakota Building Authority by the Bureau of Finance and Management, to make an appropriation therefore, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1064: FOR AN ACT ENTITLED, An Act to repeal certain obsolete provisions and references concerning weather modification programs.

Was read the second time.

The question being "Shall HB 1064 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 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning actions prohibited near polling places.

Was read the second time.

The question being "Shall HB 1074 pass as amended?"

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 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the board of directors of the Science and Technology Authority.

Was read the second time.

The question being "Shall HB 1101 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 and 170 be deferred to Friday, February 21, the 24^th legislative day.

Which motion prevailed.

SB 186: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license renewal requirements and to authorize electronic upgrades of restricted minor's permits.

Was read the second time.

Sen. Holien moved that SB 186 be amended as follows:

On page 2, line 11, of the Senate Commerce and Energy Committee engrossed bill, delete "seventy" and insert "sixty-five".

Which motion prevailed.

The question being "Shall SB 186 pass as amended?"

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 172: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to services performed by dental hygienists.

Was read the second time.

The question being "Shall SB 172 pass as amended?"

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 19: FOR AN ACT ENTITLED, An Act to increase expenditure authority to accommodate donations to projects at Black Hills State University and Northern State University, to authorize the acquisition and renovation of improved real property for a project at Dakota State University, and to declare an emergency.

Was read the second time.

The question being "Shall SB 19 pass as amended?"

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 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 164: FOR AN ACT ENTITLED, An Act to revise the allocation of certain temporary nonresident waterfowl hunting licenses.

Was read the second time.

The question being "Shall SB 164 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Kirkeby; Monroe; Otten (Ernie); Soholt; Tidemann; Vehle; Welke

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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

Was read the second time.

The question being "Shall SB 69 pass as amended?"

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 161: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to notice provided by mineral developers.

Was read the second time.

The question being "Shall SB 161 pass as amended?"

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; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Holien; Lederman; Otten (Ernie)

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 1: FOR AN ACT ENTITLED, An Act to provide for the selection of the chair and vice chair of the Executive Board of the Legislative Research Council, to provide for the year-round governance of the Legislative Research Council by the Executive Board, to provide for the term of each constituted Executive Board, and to provide for continuity of board membership.

Was read the second time.

The question being "Shall SB 1 pass?"

And the roll being called:

Yeas 24, Nays 10, Excused 1, Absent 0

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

Nays:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Hunhoff (Jean); Jones (Tom); Lucas; Sutton; Tidemann; Welke

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 13: FOR AN ACT ENTITLED, An Act to make use of hand-held mobile telephones while driving a commercial motor vehicle a serious traffic violation and to update certain references to federal regulations regarding the issuance of commercial driver licenses.

Was read the second time.

The question being "Shall SB 13 pass?"

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

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

Nays:
Begalka; Bradford; Brown; Ewing; Jensen; Maher; Monroe; Peters; Rhoden

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.

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund for the purpose of certain energy mineral taxes.

Was read the second time.

Sen. Otten (Ernie) moved that SJR 2 be amended as follows:

On page 1, line 13, of the printed resolution, delete "one-third" and insert "one-half".

On page 1, delete line 14, and insert "annual revenues in excess of five million dollars that is paid into the state treasury and credited to the general fund from the severance tax imposed on energy".

On page 2, line 2, delete "2020" and insert "2025".

Which motion prevailed.

The question being "Shall SJR 2 pass as amended?"

And the roll being called:

Yeas 8, Nays 26, Excused 1, Absent 0

Yeas:
Ewing; Holien; Jensen; Maher; Monroe; Omdahl; Otten (Ernie); Vehle

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

Excused:
Krebs

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

Sen. Rave moved that HB 1061, 1029, 1012, 1015, 1045, 1058, 1079, 1014, 1110, 1069, 1178, 1019, 1081, and 1068 be deferred to Friday, February 21, the 24^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title 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.

And signed the same in the presence of the Senate.

SC 24 Introduced by: Senator Maher and Representatives Schrempp and Olson (Betty)

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Kaydee Lawrence of Cheyenne Eagle Butte High School, Aubree Stevens of Dupree High School, and Shayla Taton of Belle Fourche High School for being finalists in the 2014 Business Plan Competition.

WHEREAS, Kaydee Lawrence, a student at Cheyenne Eagle Butte High School, has achieved recognition for her exceptional business plans for a bakery. The primary purpose of her bakery business, Kaydeelicious Bakery, is to promote healthy choices and young entrepreneurship; and

WHEREAS, Aubree Stevens, a student at Dupree High School, has achieved recognition for her exceptional business plans for a therapeutic riding operation. The primary purpose of this business, The Open Heart Ranch, is to help children and adults with disabilities; and

WHEREAS, Shayla Taton, a student at Belle Fourche High School, has achieved recognition for her exceptional business plans in horse training. The primary purpose of this business, Taton's Horse Training, is to provide people an opportunity to have their horse trained in barrel racing, pole bending, or roping:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that the Legislature congratulates Kaydee Lawrence, Aubree Stevens, and Shayla Taton in being finalists in the 2014 Business Plan Competition, recognizes their hard work and exemplary skills as students and business planners, and extends best wishes for their continued success and happiness.

SC 25 Introduced by: Senator Jones (Tom) and Representatives Ring, Rasmussen, and Schoenfish

A LEGISLATIVE COMMEMORATION, Honoring Jeanne Duchscher as the 2013 winner of the South Dakota Municipal League Excellence in Municipal Government Award.

WHEREAS, Jeanne Duchscher is an outstanding leader in the field of public finance, and is not only an asset to Parker, but to all municipalities in the state of South Dakota; and

WHEREAS, Jeanne Duchscher is a strong advocate for safe and efficient government, providing an example for leadership, commitment, volunteerism, and giving back to one's community; and

WHEREAS, Jeanne Duchscher has expanded her services to all cities and finance officers in South Dakota; and

WHEREAS, Jeanne Duchscher has dedicated her time to the economic well being and development of her community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Eighty-Ninth Legislature of the State of South Dakota, that Jeanne Duchscher be honored as the 2013 winner of the South Dakota Municipal League Excellence in Municipal Government Award and recognized for her excellence in municipal government.

Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at 4:15 p.m. the Senate adjourned.

Jeannette Schipper, Secretary