JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 26, 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 Catherine Dougherty.

Roll Call: All members present except Sen. Omdahl 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-sixth 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 25, 2014

Mr. President and Members of the Senate:

I have the honor to inform you that on February 25, 2014, I approved Senate Bills 61, 95, and 138, and the same have 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 39, 60, 88, and 119 were delivered to his Excellency, the Governor, for his approval at 9:10 a.m., February 26, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1192 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 HB 1091 and 1151 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 HB 1087 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, overstrike "electors who are owners of any interest in real property".

On page 1, line 6, delete everything before "who" and insert "~~assessed for taxation in the district and~~ registered voters".

And that as so amended said bill do pass.

Respectfully submitted,
Mark Kirkeby, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1159 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 HB 1043 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 Transportation respectfully reports that it has had under consideration HB 1120 and returns the same with the recommendation that said bill be amended as follows:

On page 1, after line 11 of the printed bill, insert:

"Section 2. That § 32-35-116 be amended to read as follows:

32-35-116. If a driver of a motor vehicle required to be registered in the state is cited for a violation of Title 32 or is involved in a reportable motor vehicle accident, the driver of the motor vehicle shall furnish written evidence of financial responsibility upon request of the law enforcement officer issuing the citation or investigating the accident. For purposes of this section, an electronic copy of financial responsibility is written evidence if it meets the requirements of this section and is issued as an official electronic document by the insurer. The law enforcement officer shall indicate whether the driver has produced evidence of financial responsibility on the citation and shall write the driver's evidence of financial responsibility on the accident report. If the driver fails to provide evidence of financial responsibility at the time

the citation or the accident report is issued, the law enforcement officer may issue the driver a citation for a violation of § 32-35-113. ".

And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1180 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 1158 and returns the same with the recommendation that said bill be referred to the Committee on Appropriations with a do pass recommendation.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HJR 1001 and HB 1123 and 1201 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1200 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1022 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1038, 1040, 1075, 1112, 1145, 1161, 1165, 1175, 1194, 1203, 1208, and 1236 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 Thursday, February 27, the 28^th legislative day.

Which motion prevailed.

HCR 1022: A CONCURRENT RESOLUTION, Concerning U.S. EPA-proposed greenhouse gas emission standards for new and existing fossil-fueled power plants.

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

SCR 5: A CONCURRENT RESOLUTION, Expressing support for civic education in the public schools in South Dakota, and recognizing February 26, 2014, as Civic Education Day at the State Capitol.

Was read the second time.

Sen. Hunhoff (Jean) moved that SCR 5 as found on page 447 of the Senate Journal be adopted.

The question being on Sen. Hunhoff's (Jean) motion that SCR 5 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, 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); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Omdahl; Peters; Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

SCR 7: A CONCURRENT RESOLUTION, Expressing support for all South Dakota high school students learning and practicing the basic skills of hands-only Cardio Pulmonary Resuscitation (CPR) prior to graduation.

Was read the second time.

Sen. Rave moved that SCR 7 as found on page 449 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that SCR 7 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 7 was adopted.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1185 as found on page 445 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1038: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to build a highway patrol office and motorcycle training facility in Rapid City, to make an appropriation therefor, and to declare an emergency.

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

HB 1040: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2014.

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

HB 1075: FOR AN ACT ENTITLED, An Act to provide for public notice of certain hearings conducted by the Board of Education, and to require that the hearings be conducted at least sixty days apart.

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

HB 1112: FOR AN ACT ENTITLED, An Act to appropriate general funds and higher education facility funds to replace a portion of the other funds appropriated for the construction of swine teaching and research facilities at South Dakota State University and to declare an emergency.

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

HB 1145: FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.

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

HB 1161: FOR AN ACT ENTITLED, An Act to establish a cause of action for wrongful human trafficking.

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

HB 1165: FOR AN ACT ENTITLED, An Act to adopt the Uniform Deployed Parents Custody and Visitation Act.

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

HB 1175: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expand university facilities at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

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

HB 1194: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to the crossings of railroad rights-of-way by utilities.

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

HB 1203: FOR AN ACT ENTITLED, An Act to improve the financial practices of the State of South Dakota.

Was read the first time.

HB 1208: FOR AN ACT ENTITLED, An Act to restrict certain activities on waters that inundate private property.

Was read the first time.

HB 1236: FOR AN ACT ENTITLED, An Act to establish the school innovation and emergency fund.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1073: FOR AN ACT ENTITLED, An Act to provide for the cancellation of expired mechanic's and materialman's liens.

Was read the second time.

The question being "Shall HB 1073 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 1125: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding judicial remedies.

Was read the second time.

The question being "Shall HB 1125 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 1181: FOR AN ACT ENTITLED, An Act to allow for the requirement of a certification of health from an employee of a school.

Was read the second time.

The question being "Shall HB 1181 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 1152: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning registration of limited partnerships.

Was read the second time.

The question being "Shall HB 1152 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 1156: FOR AN ACT ENTITLED, An Act to allow the transmission of electronic documents related to insurance policies.

Was read the second time.

The question being "Shall HB 1156 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 HOUSE BILLS AND JOINT RESOLUTIONS

Sen. Rave moved that HB 1045, 1058, 1110, 1069, 1019, 1081, 1033, 1099, and 1148 be placed to follow HB 1168 on today's calendar.

Which motion prevailed.

HB 1061: FOR AN ACT ENTITLED, An Act to include limited liability companies in certain provisions regarding the licensing of boats and motor vehicles and certain provisions regarding the dealers and manufacturers of certain vehicles, manufactured homes, and mobile homes.

Was read the second time.

The question being "Shall HB 1061 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, 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); Otten (Ernie); Rave; Rhoden; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Omdahl; Peters; Rampelberg; Tidemann

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 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding the Richard Hagen-Minerva Harvey memorial scholarship program.

Was read the second time.

The question being "Shall HB 1029 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 1012: FOR AN ACT ENTITLED, An Act to provide for free resident fishing licenses for certain entities teaching basic fishing skills.

Was read the second time.

The question being "Shall HB 1012 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Omdahl; Peters; Tidemann

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 1015: FOR AN ACT ENTITLED, An Act to create an equitable process to handle water right applications submitted for aquifers determined to be fully appropriated by the Water Management Board.

Was read the second time.

The question being "Shall HB 1015 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, 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; Novstrup (Al); Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Monroe

Excused:
Omdahl; Peters; Tidemann

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 1079: FOR AN ACT ENTITLED, An Act to authorize certain lighting on vehicles operated by ambulance service personnel.

Was read the second time.

The question being "Shall HB 1079 pass?"

And the roll being called:

Yeas 30, Nays 2, Excused 3, 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; Monroe; Novstrup (Al); Otten (Ernie); Rampelberg; Rave; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Maher; Rhoden

Excused:
Omdahl; Peters; Tidemann

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 1014: FOR AN ACT ENTITLED, An Act to increase the nonrefundable application fee for resident bighorn sheep, mountain goat, and elk licenses.

Was read the second time.

The question being "Shall HB 1014 pass?"

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

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

Nays:
Jones (Tom); Otten (Ernie); Rhoden; Welke

Excused:
Omdahl; Peters; Tidemann

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 1178: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to false statements pertaining to aircraft registration and associated penalties.

Was read the second time.

The question being "Shall HB 1178 pass?"

And the roll being called:

Yeas 29, Nays 3, Excused 3, 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; Novstrup (Al); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Maher; Monroe; Otten (Ernie)

Excused:
Omdahl; Peters; Tidemann

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

Was read the second time.

The question being "Shall HB 1068 pass as amended?"

And the roll being called:

Yeas 14, Nays 18, Excused 3, Absent 0

Yeas:
Begalka; Brown; Frerichs; Jensen; Jones (Tom); Maher; Monroe; Novstrup (Al); Otten (Ernie); Rave; Rhoden; Sutton; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jones (Chuck); Kirkeby; Krebs; Lederman; Lucas; Rampelberg; Soholt; Solano; Tieszen; Van Gerpen; Welke

Excused:
Omdahl; Peters; Tidemann

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

HB 1028: FOR AN ACT ENTITLED, An Act to revise the amount counties may be reimbursed for the detainment of parole violators.

Was read the second time.

The question being "Shall HB 1028 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Monroe; Novstrup (Al); Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Maher; Omdahl

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

Was read the second time.

The question being "Shall HB 1108 pass?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Buhl O'Donnell; Frerichs; Holien; Jones (Tom); Lucas; Sutton; Welke

Excused:
Omdahl

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 1198: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of medical treatment for individuals with mental illness.

Was read the second time.

The question being "Shall HB 1198 pass?"

And the roll being called:

Yeas 29, Nays 4, Excused 2, Absent 0

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

Nays:
Bradford; Jensen; Monroe; Otten (Ernie)

Excused:
Maher; Omdahl

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 1050, 1036, 1054, 1077, 1119, 1030, 1126, 1167, 1104, 1168, 1045, 1058, 1110, 1069, 1019, 1081, 1033, 1099, and 1148 be deferred to Thursday, February 27, the 28^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

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

HB 1105: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the compilation and publication of certain local government annual fiscal reports.

HB 1135: FOR AN ACT ENTITLED, An Act to revise certain exceptions to special assessments levied upon real property.

And signed the same in the presence of the Senate.

Sen. Vehle moved that the Senate do now adjourn, which motion prevailed and at 3:36 p.m. the Senate adjourned.

Jeannette Schipper, Secretary