JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

TWENTY-EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 27, 2014

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Reverend J.P. Mosley, Jr., followed by the Pledge of Allegiance led by Senate page Chase Conrad.

Roll Call: All members present except Sens. Begalka, Tom Jones, Lucas, and Welke 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 twenty-seventh 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12, 14, 29, 54, 55, 59, 64, 89, 91, 93, and 100 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 50 and 52 were delivered to his Excellency, the Governor, for his approval at 10:05 a.m., February 27, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1078 and 1150 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Stacy Phelps of Pennington County, Rapid City, 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 and place on the consent calendar.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1184 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 1097 which was tabled.

Respectfully submitted,
Shantel Krebs, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1013 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Kevin J. Krull of Meade County, Sturgis, 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.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Kenneth D. Albers of Lincoln County, Canton, 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 David R. Nelson of Minnehaha County, Sioux Falls, 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 Kay F. Nikolas of Roberts County, Sisseton, 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 HB 1100 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1106 and 1132 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1154 and 1163 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 Doyle D. Estes of Hill City, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that it be placed on the Consent Calendar.

Respectfully submitted,
Ried S. Holien, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 12, 14, 29, 54, 55, 59, 64, 89, 91, 93, and 100 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 103 which has been amended by the House and your concurrence in the amendment is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1025, 1026, 1027, 1028, 1029, 1030, 1031, and 1032 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 1112 be referred from the Committee on Education to the Committee on Appropriations.

Which motion prevailed.

HCR 1025: A CONCURRENT RESOLUTION, Reaffirming the value of South Dakota's groundwater resources and recognizing the need for ongoing evaluation of our groundwater management.

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

HCR 1026: A CONCURRENT RESOLUTION, Urging restoration of funding to the railroad trust fund.

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

HCR 1027: A CONCURRENT RESOLUTION, Commending, honoring, and thanking each of the current and former Congressmen and Congresswomen who have served South Dakota.

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

HCR 1028: A CONCURRENT RESOLUTION, Urging Congress to repeal and defund Obamacare.

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

HCR 1029: A CONCURRENT RESOLUTION, Honoring World Champion Saddle Bronc Champion Chad Ferley of Oelrichs, South Dakota.

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

HCR 1030: A CONCURRENT RESOLUTION, Honoring National Finals Rodeo Barrel Racing Champion Lisa Lockhart of Oelrichs, South Dakota.

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

HCR 1031: A CONCURRENT RESOLUTION, Urging Congress to provide federal funding in lieu of property taxes on Indian trust lands.

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

HCR 1032: A CONCURRENT RESOLUTION, Expressing support for the people of the Red Shirt community on the Pine Ridge Reservation.

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

The following resolution was read on February 25, and today the President Pro tempore assigned this resolution to committee.

SCR 6 was referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bills were read on February 26, and today the President Pro tempore assigned these bills to committee.

HB 1203 was referred to the Committee on State Affairs.

HB 1208 was referred to the Committee on Agriculture and Natural Resources.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1087 as found on page 476 of the Senate Journal; also

Transportation on HB 1120 as found on page 477 of the Senate Journal be adopted.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1091: FOR AN ACT ENTITLED, An Act to allow municipalities and counties to adopt a property maintenance code.

Was read the second time.

The question being "Shall HB 1091 pass as amended?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Begalka; Jensen; Jones (Tom); Lucas; Welke

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

Was read the second time.

The question being "Shall HB 1151 pass?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Begalka; Jensen; Jones (Tom); Lucas; Welke

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 1043: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the regulation of aeronautics.

Was read the second time.

The question being "Shall HB 1043 pass as amended?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Begalka; Jensen; Jones (Tom); Lucas; Welke

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 1200: FOR AN ACT ENTITLED, An Act to revise certain bank franchise tax provisions regarding net income and net operating losses.

Was read the second time.

The question being "Shall HB 1200 pass as amended?"

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Begalka; Jensen; Jones (Tom); Lucas; Welke

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 1185, 1045, 1058, 1110, 1069, 1019, 1081, 1033, 1050, 1099, 1036, 1054, 1077, 1119, 1030, 1126, 1167, 1104, 1148, 1168, 1192, 1159, 1180, 1123, and 1201 and HJR 1001 be deferred to Monday, March 3, the 29^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 12: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

SB 14: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the Board of Examiners of Counselors and Marriage and Family Therapists.

SB 29: FOR AN ACT ENTITLED, An Act to revise certain provisions in statute and administrative rules regarding the regulation of campgrounds and the license fee for campgrounds and to repeal administrative rules regulating primitive campgrounds, full-service campgrounds, limited service campgrounds, and temporary campgrounds.

SB 54: FOR AN ACT ENTITLED, An Act to revise the definition of a boat dealer, used vehicle dealer, and dealer of mobile homes or manufactured homes, and to revise certain penalties for selling motor vehicles, snowmobiles, mobile homes, manufactured homes, or boats without a license.

SB 55: FOR AN ACT ENTITLED, An Act to repeal the contractor's excise tax on certain new or expanded power production facilities.

SB 59: FOR AN ACT ENTITLED, An Act to increase the penalty for the trafficking of vehicle license plates and decals, to prohibit and provide a penalty for the unauthorized transfer of a vehicle license plate or decal, and to impose a penalty for altering or forging certain vehicle registration cards.

SB 64: FOR AN ACT ENTITLED, An Act to require a waiting period prior to the adoption of new uniform content standards and to provide for an opportunity for public comment for all new content standards.

SB 89: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the medical department of the National Guard.

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

SB 93: FOR AN ACT ENTITLED, An Act to define liquid natural gas, to revise certain provisions regarding the collection of the motor fuel tax, and to apply motor fuel tax to all fuels used to propel a motor vehicle.

SB 100: FOR AN ACT ENTITLED, An Act to provide for the filling of a vacancy if no person is elected to succeed an elected official in municipalities.

HB 1042: FOR AN ACT ENTITLED, An Act to revise the penalty for late payment of the additional original registration tax on aircraft.

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of captive insurance companies.

HB 1090: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding county highways.

HB 1157: FOR AN ACT ENTITLED, An Act to provide for the retrospective payment of clean claims for covered services provided by a health care professional during the credentialing period.

And signed the same in the presence of the Senate.

Sen. White moved that the Senate do now adjourn, which motion prevailed and at 1:31 p.m. the Senate adjourned.

Jeannette Schipper, Secretary