Senate Journal 1/26/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

NINTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 26, 2015

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

The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by Senate page Clair Deuter.

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 eighth 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.

The oath of office was administered by the President to the following named persons:

Pages _ Catia Bok, Clair Deuter, Amanda Halsey, Jason Hanson, Connor Hickman, Rachel Johnson, Sentel Johnson, Seth Newton, Brinley Olson, Emily Schmitz, Shyanne Siedel, Veronica Thomas, Katie Winckler, Marie Zander.

Which was subscribed to and placed on file in the office of the Secretary of State.

HONORED GUESTS

The President introduced Braden Beran, the 2014 Tabor Czech Days Pince to the body.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 10 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 State Affairs respectfully reports that it has had under consideration SB 8 and returns the same with the recommendation that said bill be amended as follows:

8fb

On page 1, line 11, of the printed bill, delete everything after "state." .

On page 1, delete lines 12 and 13, and insert:

"Section 2. That § 5-18A-22 be amended to read as follows:

5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply to:

(1) Any highway construction contract entered into by the Department of Transportation;

(2) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration;

(3) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months;

(4) Any equipment repair contract;

(5) Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware or perishable foods;

(6) Any supplies, services, and professional services required for externally funded research projects at institutions under the control of the Board of Regents;

(7) Any property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds by any department of the state government, state institution, and state agency shall be made under the supervision of the Bureau of Administration;

(8) Any supplies needed by the Department of Human Services or the Department of Social Services or prison industries for the manufacturing of products;

(9) Any printing involving student activities, conducted by student organizations and paid for out of student fees, at institutions under the control of the Board of Regents. However, nothing in this subdivision exempts, from the requirements of this chapter and chapters 5-18B, 5-18C, and 5-18D, purchases that involve printing for other activities at institutions under the control of the Board of Regents;

(10) Any purchase of surplus property from another purchasing agency;

(11) Any animals purchased;

(12) Any purchase by a school district of perishable food, raw materials used in construction or manufacture of products for resale, or for transportation of students;

(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12, or 11-11;

(14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of farms by institutions under the control of the Board of Regents;

(15) Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in § 5-18A-14;

(16) For political subdivisions, any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services; or

(17) Any purchase of supplies or services from a contract established through a Midwestern Higher Education Compact group purchasing program by a competitive sealed bid or a competitive sealed proposal; or

(18) Any contract concerning the custody, management, purchase, sale, and exchange of fund investments and research by the State Investment Council or Division of Investment. "

8FTA

On page 1, line 2, of the printed bill, after "Council" insert "and Division of Investment".

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

Respectfully submitted,
Tim Rave, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninetieth Legislative Session.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1016, 1017, 1019, and 1031 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 53 be referred from the Committee on State Affairs to the Committee on Appropriations.

Which motion prevailed.

Sen. Rave moved that SB 73 be placed to precede SB 67 on today's calendar.

Which motion prevailed.

Sen. Rave moved that SB 67, 66, 39, and 21 be placed to follow SB 63 on today's calendar.

Which motion prevailed.

SCR 1 Introduced by: Senators Rave, Brown, Buhl O'Donnell, Curd, Frerichs, Haverly, Heinert, Hunhoff (Bernie), Jensen (Phil), Lederman, Parsley, Peterson (Jim), Rampelberg, Soholt, Solano, Sutton, Tidemann, Tieszen, and Vehle and Representatives Hunhoff (Jean), Bartling, Bolin, Craig, Deutsch, Feickert, Gibson, Haggar (Don), Harrison, Hawley, Heinemann (Leslie), Jensen (Alex), Klumb, Mickelson, Otten (Herman), Peterson (Kent), Rounds, Rozum, Stalzer, Stevens, Verchio, and Zikmund

A CONCURRENT RESOLUTION, Commending the improvements to health care in South Dakota achieved by the system of care established by the community-based Mission:
Lifeline initiative.

WHEREAS, heart disease is the number one cause of death in South Dakota, with more than one thousand six hundred South Dakotans dying from heart disease each year; and

WHEREAS, a ST-elevated myocardial infarction or STEMI is the deadliest form of heart attack, in which blood flow is completely blocked to a portion of the heart; and

WHEREAS, the American Heart Association's Mission: Lifeline initiative, starting in 2010, sought to save lives by creating a system of care to close the gaps that separate STEMI heart attack patients from appropriate and timely care and improve care for all heart attack patients; and

WHEREAS, The Leona M. and Harry B. Helmsley Charitable Trust invested $8.4 million in the Mission: Lifeline initiative in South Dakota; and

WHEREAS, Mission: Lifeline collaborated with South Dakota hospitals and health care providers to establish statewide STEMI heart attack protocols; and

WHEREAS, ambulance services and hospitals across South Dakota received lifesaving equipment such as 12-lead cardiac monitors; and

WHEREAS, Mission: Lifeline provided education to hospital and emergency medical services statewide on STEMI heart attack care; and

WHEREAS, Mission: Lifeline provided education to the public on the importance of calling 9-1-1 when a person believes they may be experiencing a heart attack; and

WHEREAS, since the launch of Mission: Lifeline, South Dakota has exceeded national averages in several important benchmarks that reflect improved patient outcomes in our state, including: diagnosis of STEMI heart attack, time until artery blockages are opened in a cardiac catheterization lab, recommended medications upon hospital arrival and discharge, adult tobacco cessation and education, restoration of blood flow in patients after a cardiac event, and expected mortality rate; and

WHEREAS, approximately five hundred patients annually in South Dakota now receive a higher standard of treatment for heart attacks through the system of care established by the Mission: Lifeline initiative; and

WHEREAS, the work of the Mission: Lifeline initiative continues through the work of the statewide Mission: Lifeline task force made up of hospitals, EMS agencies, health care providers, state agencies, and patient advocates:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninetieth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature of the State of South Dakota commends the improvements to health care in South Dakota achieved by the system of care established by the Mission: Lifeline initiative and the work of the volunteers of the Mission: Lifeline task force.

Was read the first time, the President waived the referral to committee, and placed SCR 1 on the calendar of Tuesday, January 27, the 10^th legislative day.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 88 Introduced by: Senators Haverly, Ewing, and Heinert and Representatives Deutsch and Hawks

FOR AN ACT ENTITLED, An Act to authorize emergency appointments to the municipal election board.

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

SB 89 Introduced by: Senators Tidemann, Brown, Curd, Haggar (Jenna), Haverly, Heinert, Holien, Hunhoff (Bernie), Lederman, Novstrup (David), Olson, Peters, Rave, Rusch, Solano, and Vehle and Representatives Munsterman, Bartling, Brunner, Conzet, Cronin, Deutsch, Gosch, Hawks, Hawley, Jensen (Alex), Kirschman, Langer, McCleerey, Mickelson, Otten (Herman), Peterson (Kent), Qualm, Rasmussen, Rounds, Schoenbeck, Schoenfish, Solum, Verchio, Westra, Wiik, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to require the development of school safety plans and to require the conduct of lockdown drills in accredited schools.

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

SB 90 Introduced by: Senators Hunhoff (Bernie), Bradford, Ewing, and Otten (Ernie) and Representatives Hunhoff (Jean), Bartling, Bolin, Brunner, and Kirschman

FOR AN ACT ENTITLED, An Act to require school districts to provide veterans a preference in employment.

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

SB 91 Introduced by: Senators Rave, Brown, Ewing, Hunhoff (Bernie), Lederman, Otten (Ernie), Peterson (Jim), Rampelberg, Rusch, and Tieszen and Representatives Cronin, Beal, Harrison, Heinemann (Leslie), Kirschman, Mickelson, Novstrup (Al), Peterson (Kent), Rounds, Russell, Schaefer, Schoenbeck, Stevens, Verchio, and Wiik

FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota need-based grant program.

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

SB 92 Introduced by: Senators Rave, Brown, Ewing, Hunhoff (Bernie), Lederman, Otten (Ernie), Peterson (Jim), Rampelberg, Rusch, and Tieszen and Representatives Cronin, Beal, Harrison, Heinemann (Leslie), Kirschman, Mickelson, Novstrup (Al), Peterson (Kent), Rounds, Russell, Schaefer, Schoenbeck, Stevens, Verchio, and Wiik

FOR AN ACT ENTITLED, An Act to make an appropriation to support the South Dakota critical teaching needs scholarship program.

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

The President declared that SB 83 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding references for auditing standards used by the Department of Revenue.

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

HB 1017: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary provisions related to the Department of Revenue.

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

HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding exemptions from sales and use taxation of farm machinery, attachment units, and irrigation equipment used exclusively for agricultural purposes.

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

HB 1031: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding former state-owned rail lines.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 16: FOR AN ACT ENTITLED, An Act to revise certain provisions safeguarding law enforcement radio communications.

Was read the second time.

The question being "Shall SB 16 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.

SB 22: FOR AN ACT ENTITLED, An Act to revise the penalty for altering a registration device issued by a dealer.

Was read the second time.

The question being "Shall SB 22 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.

SB 40: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the federal motor carrier regulations.

Was read the second time.

The question being "Shall SB 40 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 5: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment and taxation of real property.

Was read the second time.

The question being "Shall SB 5 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 56: FOR AN ACT ENTITLED, An Act to provide direction regarding the calculation of adjusted gross proceeds for the purpose of calculating the gaming tax.

Was read the second time.

The question being "Shall SB 56 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 73: FOR AN ACT ENTITLED, An Act to improve public safety regarding juvenile justice.

Was read the second time.

The question being "Shall SB 73 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 30: FOR AN ACT ENTITLED, An Act to revise the review process for rate and policy form filing denials for insurers.

Was read the second time.

The question being "Shall SB 30 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.

SB 20: FOR AN ACT ENTITLED, An Act to revise the age that a manufactured home or mobile home will be considered real property.

Was read the second time.

The question being "Shall SB 20 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.

SB 14: FOR AN ACT ENTITLED, An Act to provide for the possession and administration of opioid antagonists by first responders for the treatment of drug overdoses.

Was read the second time.

The question being "Shall SB 14 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
Curd; Rusch

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 13: FOR AN ACT ENTITLED, An Act to require certain persons convicted for human trafficking to register as sex offenders.

Was read the second time.

The question being "Shall SB 13 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Rusch

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 11: FOR AN ACT ENTITLED, An Act to restore the chief agent of the Division of Criminal Investigation to a former position under certain circumstances.

Was read the second time.

The question being "Shall SB 11 pass as amended?"

And the roll being called:

Yeas 13, Nays 20, Excused 2, Absent 0

Yeas:
Bradford; Cammack; Haggar (Jenna); Haverly; Novstrup (David); Omdahl; Peters; Rave; Solano; Tidemann; Tieszen; Vehle; White

Nays:
Brown; Buhl O'Donnell; Ewing; Frerichs; Greenfield (Brock); Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Olson; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg; Soholt; Sutton; Van Gerpen

Excused:
Curd; Rusch

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

Sen. Novstrup (David) announced his intention to reconsider the vote by which SB 11 lost.

SB 46: FOR AN ACT ENTITLED, An Act to make an appropriation of other fund expenditure authority to the Department of Agriculture for the construction of the Nordby Exhibit Hall at the South Dakota State Fair and to declare an emergency.

Was read the second time.

The question being "Shall SB 46 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Rusch

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 47: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

Was read the second time.

The question being "Shall SB 47 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Rusch

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. Rave moved that SB 60, 63, 67, 21, 66, and 39 be deferred to Tuesday, January 27, the 10^th legislative day.

Which motion prevailed.

Sen. Novstrup (David) moved that the Senate do now adjourn, which motion prevailed and at 3:26 p.m. the Senate adjourned.

Kay Johnson, Secretary