Senate Journal 1/21/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 21, 2015

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate page Esther Swift.

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 fifth 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.

COMMUNICATIONS AND PETITIONS

January 2, 2015

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Catherine M. Peterson, McCook County, Salem, South Dakota, to the Game, Fish and Parks Commission.

This appointment is effective January 11, 2015, and shall continue until January 10, 2019.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

January 5, 2015

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Donald A. Kirkegaard, Meade County, Sturgis, South Dakota, to the South Dakota Board of Education.

This appointment is effective immediately, and shall continue until December 31, 2018.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Education.

January 6, 2015

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 13-49 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed the Honorable Judge John Bastian, Butte County, Belle Fourche, South Dakota, to the State Board of Regents.

This appointment is effective immediately, and shall continue until March 31, 2016.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Education.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Joseph Schartz of Minnehaha County, Humboldt, South Dakota, to the State Board of Regents 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 Taxation respectfully reports that it has had under consideration SB 19 and 21 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 Taxation respectfully reports that it has had under consideration SB 20 and returns the same with the recommendation that said bill be amended as follows:

20fa

On page 1, line 6, of the printed bill, delete everything after "32-3-1(6)" and insert "~~with a model year of 1977 or newer~~ and mobile homes as defined in subdivision 32-3-1(8). This".

On page 1, line 10, delete everything after "home" and insert "~~with a model year of 1977 or newer,~~ or mobile home is sold by a".

20fta

On page 1, line 1, of the printed bill, after "home" insert "or mobile home".

And that as so amended said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 61 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 SB 14 and returns the same with the recommendation that said bill be amended as follows:

14fa

On page 1, line 4, of the printed bill, after "section" delete "2" and insert "4".

On page 1, line 5, after "physician" insert "licensed pursuant to chapter 36-4".

On page 1, line 11, delete "subdivision 22-1-1(22)" and insert "subdivision 22-1-2(22)".

And that as so amended said bill do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 68 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 SB 66 and returns the same with the recommendation that said bill be amended as follows:

66fa

On page 1, between lines 3 and 4 of the printed bill, insert:

"Section 1. That § 7-1-70 be amended to read as follows:

7-1-70. If a two-thirds majority of the votes cast at an election held pursuant to § 7-1-69 are in favor of changing the name of ~~such~~ the county, the county auditor shall within ten days after the canvass of ~~said~~ the vote, certify under the seal of ~~his~~ the county auditor's office to the ~~Governor~~ secretary of state, the result of the canvass of the votes cast at ~~such~~ the election, and ~~setting forth~~ the new name of ~~such~~ the county. "

On page 1, line 11, overstrike "Governor" and insert "secretary of state".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill be amended as follows:

65fa

On page 2, line 18, of the printed bill, delete "and".

On page 2, delete lines 19 and 20, and insert:

"(6) A statewide candidate who is nominated by that candidate's party convention prior to a primary election; and

(7) An independent statewide candidate prior to a primary election.".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 32, 34, and 67 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Tony Klein of Hughes County, Pierre, South Dakota, to the Board of Economic Development 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 State Affairs respectfully reports that it has had under consideration the nomination of Dana Dykhouse of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Science and Technology Authority 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 State Affairs respectfully reports that it has had under consideration the nomination of Ronald Wheeler of Lawrence County, Lead, South Dakota, to the South Dakota Science and Technology Authority 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 State Affairs respectfully reports that it has had under consideration the nomination of John Calvin of Codington County, Watertown, South Dakota, to the Board of Economic Development 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 State Affairs respectfully reports that it has had under consideration the nomination of Greg Heineman of Minnehaha County, Sioux Falls, South Dakota, to the Board of Economic Development 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.

Respectfully submitted,
Tim Rave, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 30 as found on page 59 of the Senate Journal; also

Commerce and Energy on SB 36 as found on page 59 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 74 Introduced by: Senators Otten (Ernie), Bradford, Heinert, Olson, Omdahl, Solano, Sutton, and Tidemann and Representatives Stalzer and Otten (Herman)

FOR AN ACT ENTITLED, An Act to restrict the use of fireworks that frighten livestock or leave debris on private property.

Was read the first time and referred to the Committee on Local Government.

SB 75 Introduced by: Senators Heinert, Bradford, Ewing, Frerichs, Jensen (Phil), Rampelberg, and Sutton and Representatives Schrempp, Bartling, Bordeaux, Craig, Gosch, May, Qualm, and Verchio.

FOR AN ACT ENTITLED, An Act to revise the effective period of the travel permit for certain livestock used for rodeo purposes.

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

SB 76 Introduced by: Senators Heinert, Bradford, Ewing, Frerichs, Jensen (Phil), Rampelberg, and Sutton and Representatives Schrempp, Bartling, Bordeaux, Craig, Gosch, May, Qualm, and Verchio

FOR AN ACT ENTITLED, An Act to extend the length of time a local livestock ownership inspection certificate is valid for transportation.

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

SB 77 Introduced by: Senators Jensen (Phil), Bradford, Curd, Haggar (Jenna), Heinert, Lederman, Monroe, Novstrup (David), Olson, Otten (Ernie), Peterson (Jim), Rampelberg, Rusch, Soholt, Solano, Sutton, and Tieszen and Representatives DiSanto, Beal, Brunner, Campbell, Craig, Deutsch, Feickert, Heinemann (Leslie), Hickey, Kaiser, Kirschman, Klumb, Latterell, Novstrup (Al), Peterson (Kent), Rasmussen, Rozum, Schaefer, Schoenfish, Schrempp, Sly, Stalzer, Verchio, Wiik, Willadsen, and Wollmann

FOR AN ACT ENTITLED, An Act to allow nursing mothers to breastfeed in certain locations.

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

SB 78 Introduced by: Senators Brown, Buhl O'Donnell, Ewing, Heinert, Lederman, Olson, Otten (Ernie), and Tieszen and Representatives Dryden, Deutsche, Haggar (Don), Kaiser, Klumb, Novstrup (Al), Rounds, Rozum, Sly, Solum, and Stalzer

FOR AN ACT ENTITLED, An Act to authorize counties or medical providers to recover inmate healthcare costs from third party insurers.

Was read the first time and referred to the Committee on Local Government.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 31: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding coordination of benefits between health plans.

Was read the second time.

The question being "Shall SB 31 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

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

SB 12: FOR AN ACT ENTITLED, An Act to allow the spouse of an active duty military person to qualify as a resident for a temporary permit to carry a concealed pistol.

Was read the second time.

The question being "Shall SB 12 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.

SB 15: FOR AN ACT ENTITLED, An Act to allow for discretionary appeals of illegal sentences.

Was read the second time.

The question being "Shall SB 15 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.

SB 18: FOR AN ACT ENTITLED, An Act to establish certain administrative provisions regarding charitable raffles, lotteries, and bingo and to make violations of these provisions subject to the Deceptive Trade Practice and Consumer Protection Act.

Was read the second time.

The question being "Shall SB 18 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.

SB 58: FOR AN ACT ENTITLED, An Act to revise certain authority, monetary penalties, and hearing procedures of the South Dakota Commission on Gaming.

Was read the second time.

58xa

Sen. Greenfield (Brock) moved that SB 58 be amended as follows:

On page 1, line 12, of the printed bill, after "manufacturer" insert "or".

Which motion prevailed.

The question being "Shall SB 58 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

Sen. Heinert moved that the Senate do now adjourn, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Kay Johnson, Secretary