Senate Journal 1/22/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 22, 2015

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

The prayer was offered by the Chaplain, Rev. Josh Baumann, followed by the Pledge of Allegiance led by Senate page Meghan Schenk.

Roll Call: All members present except Sen. Curd 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 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,

Corey Brown, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 13 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 29 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 Judiciary respectfully reports that it has had under consideration SB 11 and returns the same with the recommendation that said bill be amended as follows:

11fa

On page 1, line 7, of the printed bill, delete ",".

On page 1, delete line 8, and insert "or the deputy chief agent,".

11fta

On page 1, line 2, of the printed bill, delete "or the superintendent of the Highway Patrol or their deputies".

And that as so amended said bill do pass.

Respectfully submitted,
Craig Tieszen, Chair

REPORT OF JOINT-SELECT COMMITTEE

MR. PRESIDENT:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules adopted in March 2014 by the Eighty-ninth Legislative Session be adopted as the joint rules of the Ninetieth Legislative Session with the following changes:

Amend the Table of Contents of the Joint Rules as follows:

JOINT RULES
Table of Contents

CHAPTER 1.    PRESIDING OFFICER - ORDER AND DEBATE
CHAPTER 1A.    DECORUM
CHAPTER 1B.    LEGISLATIVE CODE OF CONDUCT
CHAPTER 2.    MEETINGS, QUORUMS, AND ATTENDANCE
CHAPTER 3.    LEGISLATIVE EMPLOYEES
CHAPTER 4.    ORDER OF BUSINESS
CHAPTER 5.    MOTIONS
CHAPTER 6.    BILLS, RESOLUTIONS, AND COMMEMORATIONS
                                A.    FORM OF BILLS - DEFINITIONS OF RESOLUTIONS - GENERAL PROVISIONS
                                B.    INTRODUCTION AND SPONSORSHIP
                        C.    FISCAL IMPACT STATEMENTS, FISCAL NOTES, AND ACTUARIAL STATEMENTS
                D.    FIRST READING AND REFERRAL
                E.    AMENDMENTS AND SUBSTITUTE BILLS
                F.    SECOND READING
                G.    PRINTING, ENGROSSING, AND ENROLLING
                H.    COMMEMORATIONS
                I.    COMPUTERIZED INFORMATION SYSTEM
CHAPTER 7.    COMMITTEES
CHAPTER 8.    CONFERENCE COMMITTEES
CHAPTER 9.    COMMITTEE OF THE WHOLE
CHAPTER 10.    JOURNAL
CHAPTER 11.    RULES
CHAPTER 12.    VOTING REQUIREMENTS AND PROCEDURE
CHAPTER 13.    CONSENT CALENDAR
    CHAPTER 14.    EFFECTIVE DATE OF LEGISLATION AND VETO
                CONSIDERATIONS
CHAPTER 15.    INTERHOUSE COMMUNICATIONS AND TRANSMISSIONS
CHAPTER 16.    JOINT SESSION
CHAPTER 17.    LEGISLATIVE DEADLINES

Amend Chapter 6 of the Joint Rules as follows:

C. FISCAL IMPACT STATEMENTS, FISCAL NOTES AND ACTUARIAL STATEMENTS

STATUTORY PROVISIONS

§ 2-1-19. Fiscal impact statement for legislation or ballot initiative that may impact state prison or county jail populations.

A fiscal impact statement shall be attached to any bill or amendment or measures proposed by ballot initiative that may impact state prison or county jail populations. The requirement for a fiscal impact statement includes those bills or amendments that increase the periods of imprisonment authorized for existing crimes, that add new crimes for which imprisonment is authorized, that impose minimum or mandatory minimum terms of imprisonment, or that modify any law governing release of prisoners from imprisonment or supervision.

The sponsor of such legislation or such ballot initiative shall request and allow sufficient time to prepare a fiscal impact statement from the Bureau of Finance and Management or the Legislative Research Council. The fiscal impact statement shall be completed no later than the day the bill is submitted to the committee with subject matter cognizance. Any ballot initiative shall have a fiscal impact statement attached to the Attorney General's statement required pursuant to § 12-13-9 or 12-13-25.1.

§ 2-1-20. Contents of fiscal impact statement.

A fiscal impact statement pursuant to § 2-1-19 shall include the following:

    (1) An analysis of the specific components of the bill or the ballot initiative
    that will impact the prison and jail population;

    (2) The projected cost of the impact of the bill on the state prison system and
    the aggregate cost to county jails on an annual basis and cost of the bill over
    a ten year period; and

(3) Operational costs and capital costs including all manner of construction.

RULES

6C-1.2. Certain bills require fiscal note. The Director of the Legislative Research Council shall prepare a fiscal note for any bill which amends session law to affect the General Appropriations Act enacted in a prior legislative session.

6D-1. Referral of bills and resolutions to standing committees. Unless otherwise ordered, all bills and joint resolutions, except the general appropriations bill, shall be referred to a standing committee after their first reading. The presiding officer may waive the referral to standing committee of concurrent resolutions. Copies of all concurrent resolutions shall be ~~distributed to each member~~ posted to the Legislative Research Council internet site before being acted upon.

G. PRINTING, ENGROSSING, AND ENROLLING

STATUTORY PROVISIONS

§ 2-7-13. Selection of printing process and contractor for bills and resolutions.

The Bureau of Administration, in consultation with the Legislative Research Council, shall, before the commencement of any session of the Legislature, determine whether the house and

senate bills and joint resolutions of the legislative session will be printed by a private contractor, and select the printing process to be used, or whether the documents will be prepared by the use of a duplicating process.

Amend Chapter 10 of the Joint Rules as follows:

10-1. Daily journal. A journal of each house shall be made available daily ~~and laid upon the desks of the members and officers~~ by posting to the Legislative Research Council internet site by the following morning. The journal need not be read unless ordered. The secretary of the Senate and the chief clerk of the House shall report on the correctness of the journal to the committees on legislative procedure. The committees on legislative procedure shall in turn report to their respective houses.

The joint rules and the rules of the Senate and House shall be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Dean Wink        Corey Brown
Brian Gosch        Tim Rave
Spencer Hawley    Billie Sutton
House Committee        Senate Committee

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1014 and 1045 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that SB 34 and 67 be placed to follow SB 68 on today's calendar.

Which motion prevailed.

Sen. Rave moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, January 23, the eighth legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on SB 14 as found on page 74 of the Senate Journal; also

Taxation on SB 20 as found on page 73 of the Senate Journal; also

Local Government on SB 65 as found on page 75 of the Senate Journal; also

Local Government on SB 66 as found on page 75 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Joseph Schartz of Minnehaha County, Humboldt, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive reappointment of Joseph Schartz pursuant to the executive message as found on page 44 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; 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

Excused:
Curd

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of John Calvin of Codington County, Watertown, South Dakota, to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive reappointment of John Calvin pursuant to the executive message as found on page 44 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Greg Heineman of Minnehaha County, Sioux Falls, South Dakota, to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive reappointment of Greg Heineman pursuant to the executive message as found on page 43 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Tony Klein of Hughes County, Pierre, South Dakota, to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive reappointment of Tony Klein pursuant to the executive message as found on page 43 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Dana Dykhouse of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Dana Dykhouse pursuant to the executive message as found on page 45 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

The Senate proceeded to the consideration of the executive reappointment of Ronald Wheeler of Lawrence County, Lead, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Ronald Wheeler pursuant to the executive message as found on page 42 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 79 Introduced by: Senators Olson, Bradford, Brown, Frerichs, Greenfield (Brock), Monroe, and Peterson (Jim) and Representatives Verchio, Brunner, Campbell, Feickert, Kirschman, Langer, Marty, May, Otten (Herman), Qualm, and Stalzer

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the manner in which county wheel taxes are imposed.

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

SB 80 Introduced by: Senators Ewing, Brown, Haggar (Jenna), Hunhoff (Bernie), Jensen (Phil), Monroe, Olson, Parsley, Rampelberg, Rave, Rusch, and Tieszen and Representatives Romkema, Beal, Campbell, Feickert, Johns, May, Peterson (Kent), Rounds, and Schoenbeck

FOR AN ACT ENTITLED, An Act to increase the selling price of a towed vehicle that exempts the seller of the vehicle from certain vehicle dealer licensing requirements.

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

SB 81 Introduced by: Senators Omdahl, Bradford, Brown, Curd, Ewing, Frerichs, Greenfield (Brock), Haggar (Jenna), Haverly, Heineman (Phyllis), Holien, Hunhoff (Bernie), Jensen (Phil), Lederman, Monroe, Novstrup (David), Olson, Otten (Ernie), Parsley, Peters, Peterson (Jim), Rampelberg, Rave, Rusch, Soholt, Solano, Sutton, Tidemann, Tieszen, Vehle, and White and Representatives Haggar (Don), Anderson, Bolin, Craig, DiSanto, Hickey, Langer, Mickelson, Novstrup (Al), Otten (Herman), Qualm, Rounds, Rozum, Schoenfish, Stalzer, Stevens, Verchio, Wink, Wollmann, and Zikmund

FOR AN ACT ENTITLED, An Act to require persons convicted of driving a vehicle while under influence of alcohol, drugs, or intoxicants to pay certain costs to the county.

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

SB 82 Introduced by: Senators Tieszen, Brown, Buhl O'Donnell, Curd, Haverly, Novstrup (David), Peters, Soholt, Solano, and Sutton and Representatives Bolin, Bartling, Gibson, Hawley, Hunhoff (Jean), Johns, Langer, Rozum, Schoenbeck, Soli, and Stevens

FOR AN ACT ENTITLED, An Act to update outdated language related to domestic abuse.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1014: FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary statutes relating to the Department of Environment and Natural Resources.

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

HB 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure of dentists and dental hygienists and registration of dental auxiliaries.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Rave requested that SB 21 be removed from the Consent Calendar.

Sen. Rave requested that SB 30 be removed from the Consent Calendar.

SB 19: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references to the Internal Revenue Code.

Was read the second time.

The question being "Shall SB 19 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 36: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary statutes and to update certain references related to the Department of Tourism.

Was read the second time.

The question being "Shall SB 36 pass as amended?

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 32: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding veteran's preference for all veterans who are United States citizens who seek employment with the state, a county, or a municipality.

Was read the second time.

The question being "Shall SB 32 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 61: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

Was read the second time.

The question being "Shall SB 61 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 68: FOR AN ACT ENTITLED, An Act to provide for a random sampling of nominating petition signatures for statewide offices.

Was read the second time.

The question being "Shall SB 68 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

So the bill having received an affirmative vote of a majority of the members present, the President declared the bill passed and the title was agreed to.

Sen. Rave moved that SB 34 and 67 be deferred to Friday, January 23, the 8^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 1 Introduced by: Senators Van Gerpen, Hunhoff (Bernie), Jensen (Phil), Monroe, Rusch, Solano, Tieszen, and White and Representatives Peterson (Kent), Bolin, Hunhoff (Jean), Qualm, Schoenfish, Stevens, and Wink

A LEGISLATIVE COMMEMORATION, Celebrating and honoring Tabor's Annual Czech Days festivities on the occasion of its sixty-seventh anniversary on June 18, 19, and 20, 2015.

WHEREAS, Czech immigrants have enriched the culture of South Dakota with their exceptional and traditional achievements in music, literature, and art, and are known for their love of agriculture, mechanical arts, and democracy, which they strive to preserve for future generations; and

WHEREAS, this year's Czech Days Royalty are Queen Liz Kubal, Princess Isabella Kreber, and Prince Braden Beran; and

WHEREAS, Czech Days offers a variety of exhibits, attractions, events, and entertainment, including the Czech Heritage Museum; Blachnik Museum; St. Wenceslaus Church; programs for adults and children in Sokol Park; live Czech music in Beseda Hall; a variety of Czech foods, including kolaches; a kolache baking demonstration; adult and youth parades; a craft fair; a pedal tractor pull; a Tabor Bluebird baseball game; and the Rich Schild Memorial Fireworks Display to start the celebration on the evening of June eighteenth:

NOW THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature recognizes all South Dakotans of Czech ancestry and invites everyone to participate in the sixty-seventh Tabor Czech Days celebration on June 18, 19, and 20, 2015.

SC 2 Introduced by: Senators Van Gerpen, Hunhoff (Bernie), Monroe, Rusch, Solano, Tieszen, and White and Representatives Schoenfish, Bolin, Hunhoff (Jean), Peterson (Kent), Qualm, Stevens, and Wink

A LEGISLATIVE COMMEMORATION, Commending and honoring Dr. Curtis R. Johnson as the 2014 USA Section President of the International College of Dentists, for his dedicated volunteer service, and for his devotion to the medical profession.

WHEREAS, Dr. Curtis R. Johnson lives and practices dentistry in Scotland, South Dakota, dedicating his time, wisdom, and talent to the medical profession by providing care to his patients; and

WHEREAS, Dr. Johnson has served as President of the Southern District of Dental Society, President of the South Dakota Dental Association, South Dakota delegate to the American Dental Association House of Delegates, member of the Council of Government Affairs; and

WHEREAS, Dr. Johnson's services extend to the entire community by his active participation in the Donated Dental Services Program, including donating over fifty-five thousand dollars worth of free dental care to patients and serving as a member of the Donated Dental Services Advisory Committee:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Dr. Curtis R. Johnson is honored as the 2014 USA Section President of the International College of Dentists, for his dedicated volunteer service, and for his devotion to the medical profession.

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

Kay Johnson, Secretary

JOINT SESSION

Pursuant to the report of the Joint-Select Committee, as found on page 47 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of eight former members of the South Dakota Legislature, namely: the Honorable Rodney Gutzler; the Honorable Robert A. Johnson; the Honorable James H. "Jack" Jones; the Honorable Charles J. "Chuck" Mickel; the Honorable Wallace G. "Wally" Myers; the Honorable Ralph Nachtigal; the Honorable Gregory A. "Greg" Peterson; and the Honorable Benjamin "Ben" Radcliffe; and

WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninetieth Session of the Legislature of the State of South Dakota duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninetieth Session of the Legislature of the State of South Dakota, now assembled this 22nd day of January, 2015, at Pierre, South Dakota.