JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 4, 2014

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

The prayer was offered by the Chaplain, Pastor Brad Urbach, followed by the Pledge of Allegiance led by Senate page Noele Gross.

Roll Call: All members present.

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-ninth 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.

The President introduced Alberto Fierro, Consul of Mexico in St. Paul, MN, to the body.

COMMUNICATIONS AND PETITIONS

March 3, 2014

Mr. President and Members of the Senate:

I have the honor to inform you that on March 3, 2014, I approved Senate Bills 50 and 52, 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 12, 14, 29, 54, 55, 59, 64, 89, 91, 93, and 100 were delivered to his Excellency, the Governor, for his approval at 10:00 a.m., March 4, 2014.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 4, 19, 40, 41, 42, 43, 45, 47, 48, 49, 51, 74, 98, 103, 147, 150, 152, and 171 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1165 and 1229 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1118 and 1199 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 Judiciary respectfully reports that it has had under consideration HB 1100, which was removed from the table, and returns the same without recommendation.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1143 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 13, of the House Commerce and Energy Committee engrossed bill, delete "January" and insert "February".

And that as so amended said bill do pass.

Respectfully submitted,
Ried S. Holien, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HCR 1021 and 1022 and HB 1129 and returns the same with the recommendation that said bill do pass and said resolutions be concurred in.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1208 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Shantel Krebs, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 63, 154, and 182 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 5 and 7 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 4, 19, 40, 41, 42, 43, 45, 47, 48, 49, 51, 74, 98, 147, 150, 152, and 171 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that HB 1212 be placed to follow HB 1132 on today's calendar.

Which motion prevailed.

Sen. Rave moved that HJR 1001 and HB 1087, 1045, 1019, 1099, 1148, and 1111 be placed to follow HJR 1002 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Appropriations on HB 1112 as found on page 507 of the Senate Journal; also

Appropriations on HB 1113 as found on page 507 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive appointment of Lynne Valenti of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Social Services.

The question being "Does the Senate advise and consent to the executive appointment of Lynne Valenti pursuant to the executive message as found on page 420 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, 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); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

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

Sen. Buhl O'Donnell requested that HB 1096 be removed from the Consent Calendar.

HB 1133: FOR AN ACT ENTITLED, An Act to repeal or revise certain provisions concerning townships.

Was read the second time.

The question being "Shall HB 1133 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1134: FOR AN ACT ENTITLED, An Act to clarify certain municipal powers.

Was read the second time.

The question being "Shall HB 1134 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

HB 1168: FOR AN ACT ENTITLED, An Act to provide for additional safety measures on amusement rides and to provide a penalty for failure to properly insure an amusement ride or device.

Was read the second time.

The question being "Shall HB 1168 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, 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); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Maher

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 1192: FOR AN ACT ENTITLED, An Act to designate the Black Hills Mining Museum in Lead as the official mining museum of South Dakota.

Was read the second time.

Sen. Hunhoff (Jean) moved that HB 1192 be amended as follows:

On page 1, line 7, of the printed bill, after "." insert "No state funds may be provided for the operation or maintenance of the museum.".

Which motion prevailed.

The question being "Shall HB 1192 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1159: FOR AN ACT ENTITLED, An Act to revise the documentation requirements for designation as a veteran on driver licenses, permits, and nondriver identification cards.

Was read the second time.

The question being "Shall HB 1159 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1180: FOR AN ACT ENTITLED, An Act to provide that no entity that places children for adoption or performs abortions may be registered as a pregnancy help center.

Was read the second time.

The question being "Shall HB 1180 pass?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Bradford; Buhl O'Donnell; Frerichs; Jones (Tom); Lucas; Sutton; Tidemann; Vehle; 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 1123: FOR AN ACT ENTITLED, An Act to allow alcoholic beverages to be sold, served, and consumed in certain on-sale licensees during an extended period of time if specific conditions are met.

Was read the second time.

The question being "Shall HB 1123 pass?"

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Frerichs; Heineman (Phyllis); Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Maher; Rave; Sutton; Tidemann; Tieszen

Nays:
Begalka; Curd; Ewing; Holien; Hunhoff (Jean); Jensen; Lucas; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rhoden; Soholt; Solano; Van Gerpen; Vehle; Welke; White

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

HB 1201: FOR AN ACT ENTITLED, An Act to revise the bank franchise tax apportionment of income provisions.

Was read the second time.

The question being "Shall HB 1201 pass?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, 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); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
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 1120: FOR AN ACT ENTITLED, An Act to provide for alternative documentation of financial responsibility for vehicles.

Was read the second time.

The question being "Shall HB 1120 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1013: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to finance the construction of improvements in the state park system for the Department of Game, Fish and Parks and to declare an emergency.

Was read the second time.

The question being "Shall HB 1013 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, 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); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Nays:
Maher

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 1078: FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the South Dakota opportunity scholarship to include certain students who reside in bordering states.

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

Yeas:
Begalka; Bradford; Buhl O'Donnell; Frerichs; Jones (Chuck); Jones (Tom); Lucas; Rampelberg; Rave; Soholt; Sutton; Tieszen; Vehle; Welke

Nays:
Brown; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rhoden; Solano; Tidemann; Van Gerpen; White

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

HB 1150: FOR AN ACT ENTITLED, An Act to require that the pledge of allegiance to the flag of the United States be recited at the start of each school day in every public school classroom.

Was read the second time.

The question being "Shall HB 1150 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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. Brown moved that HB 1184 be placed to follow HJR 1002 on today's calendar.

Which motion prevailed.

HB 1106: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the sale of petroleum products.

Was read the second time.

The question being "Shall HB 1106 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1132: FOR AN ACT ENTITLED, An Act to make a minor's school calendar the reference point from which to permit employment that would not interfere with the minor's education.

Was read the second time.

The question being "Shall HB 1132 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Yeas:
Begalka; Bradford; Buhl O'Donnell; 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; Rhoden; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

Excused:
Brown; Frerichs; Rave; Sutton

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 1212: FOR AN ACT ENTITLED, An Act to provide for fair and open competition in certain governmental contracts, to prohibit the inclusion of certain terms in governmental contracts and documents, and to establish a procedure to grant certain exemptions after notice and a public hearing.

Was read the second time.

The question being "Shall HB 1212 pass?"

And the roll being called:

Yeas 26, Nays 5, Excused 4, Absent 0

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

Nays:
Bradford; Buhl O'Donnell; Jones (Tom); Lucas; Welke

Excused:
Brown; Frerichs; Rave; Sutton

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 1022: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved property in Spearfish and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1022 pass?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Frerichs; Rave; Sutton

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 1034: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to dam maintenance and repair funding and to declare an emergency.

Was read the second time.

The question being "Shall HB 1034 pass as amended?"

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Brown; Frerichs; Rave; Sutton

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.

Sen. Lederman moved that HB 1164, 1213, HJR 1002, HB 1184, HJR 1001 and HB 1087, 1045, 1019, 1099, 1148, and 1111 be deferred to Wednesday, March 5, the 31^st legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 76 was lost on second reading and final passage.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 4: FOR AN ACT ENTITLED, An Act to ensure notice to the respondent and opportunity for the respondent to be heard prior to enforcement of certain foreign domestic protection orders.

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.

SB 40: FOR AN ACT ENTITLED, An Act to allow a surviving spouse of a member of the South Dakota Retirement System to elect a reduced benefit prior to age sixty-five under certain circumstances.

SB 41: FOR AN ACT ENTITLED, An Act to revise the definition of penitentiary correctional staff for purposes of administering the South Dakota Retirement System.

SB 42: FOR AN ACT ENTITLED, An Act to authorize certain former state cement plant employees and surviving spouses to elect a lump sum trustee-to-trustee payment in lieu of monthly benefit payments.

SB 43: FOR AN ACT ENTITLED, An Act to revise the calculation of disability benefits and certain benefits payable upon death of members of the South Dakota Retirement System.

SB 45: FOR AN ACT ENTITLED, An Act to revise the Real Estate Commission's grounds for disciplinary actions on home inspectors.

SB 47: FOR AN ACT ENTITLED, An Act to establish new criteria for the certification, licensure, and registration of real estate appraisers.

SB 48: FOR AN ACT ENTITLED, An Act to require appraisal management companies to maintain a surety bond or irrevocable letter of credit.

SB 49: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding private placement policies.

SB 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of tobacco.

SB 74: FOR AN ACT ENTITLED, An Act to provide for the consideration of joint physical custody of a minor.

SB 98: FOR AN ACT ENTITLED, An Act to allow certain municipalities to charge a higher occupational tax.

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.

SB 147: FOR AN ACT ENTITLED, An Act to revise the composition of the governing body of a health maintenance organization.

SB 150: FOR AN ACT ENTITLED, An Act to allow use of supraglottic airway devices by emergency medical technicians, and to declare an emergency.

SB 152: FOR AN ACT ENTITLED, An Act to make an appropriation to provide full funding of the cement plant retirement plan, to consolidate the cement plant retirement plan with the South Dakota Retirement System, and to declare an emergency.

SB 171: FOR AN ACT ENTITLED, An Act to recognize certain federal forms as sufficient to direct the disposition of the body of a servicemember.

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

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

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

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

And signed the same in the presence of the Senate.

Sen. Welke moved that the Senate do now adjourn, which motion prevailed and at 4:14 p.m. the Senate adjourned.

Jeannette Schipper, Secretary