Senate Journal 1/27/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 27, 2015

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

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

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 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 28 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 33 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 48 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 38 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 45 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 21, of the printed bill, after "produced" overstrike "or".

On page 3, line 1, before "the milk" insert "and".

On page 3, line 2, delete "secured or".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Catherine M. Peterson of McCook County, Salem, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Barry Jensen of Mellette County, White River, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and be placed on the consent calendar.

Respectfully submitted,
Gary Cammack, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 28 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1012, 1013, 1018, 1020, 1021, 1022, 1033, 1034, 1037, 1038, 1042, 1049, 1051, 1060, 1061, 1062, and 1063 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1001 and 1002 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 1: 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.

Was read the second time.

Sen. Rave moved that SCR 1 as found on page 167 of the Senate Journal be adopted.

The question being on Sen. Rave's motion that SCR 1 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); 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:
Heinert

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 1 was adopted.

Yesterday, Sen. Novstrup announced his intention to reconsider the vote by which SB 11 lost.

No member moved to reconsider the vote by which SB 11 lost.

HCR 1001: A CONCURRENT RESOLUTION, Recognizing the difference between the taxes and fees levied by the State of South Dakota.

Was read the first time, the President waived the referral to committee, and placed HCR 1001 on the calendar of Wednesday, January 28, the 11^th legislative day.

HCR 1002: A CONCURRENT RESOLUTION, Supporting the continued operation of the D.C. Booth Historic National Fish Hatchery.

Was read the first time, the President waived the referral to committee, and placed HCR 1002 on the calendar of Wednesday, January 28, the 11^th legislative day.

SCR 2 Introduced by: Senator Rave and Representatives Hunt and Rounds

A CONCURRENT RESOLUTION, endorsing the thirty-first anniversary of sister state relations with the Republic of China (Taiwan), Taiwan's inclusion in the Trans-Pacific Partnership (TPP) and Taiwan's participation as an observer in the International Civil Aviation Organization (ICAO).

WHEREAS, on December 7, 1984, the State of South Dakota and the Republic of China (Taiwan) entered into a sister state relationship of enduring friendship and international cooperation; and

WHEREAS, Taiwan shares with South Dakota the common values of freedom, democracy, human rights, and rule of law; and

WHEREAS, over the past thirty-one years, the bonds of true friendship and steadfast trade partnership between South Dakota and Taiwan have been strengthened, resulting in a strong economic, social, cultural exchange, and tourism; and

WHEREAS, every other year, Taiwan has sent an agricultural trade goodwill mission to the U.S. Midwest region including South Dakota to demonstrate Taiwan's continuing goodwill and willingness to purchase South Dakota agricultural products and the South Dakota agricultural industry has benefitted greatly over the past two decades from the sale of beef, wheat, and corn to Taiwan; and

WHEREAS, the commercial interaction between South Dakota and Taiwan has grown substantially with each passing year, resulting in increased economic growth for both Taiwan and South Dakota; and

WHEREAS, the United States ranks as Taiwan's third largest trading partner; Taiwan is the tenth largest trading partner of the United States; and bilateral trade has reached sixty-three billion six hundred million US dollars; and

WHEREAS, the Trade and Investment Framework Agreement (TIFA) meeting between the United States and Taiwan is laying the groundwork for a possible Bilateral Investment Agreement (BIA); negotiation for a BIA is an important step toward further strengthening bilateral trade and paving the way for entering into a Free Trade Agreement between the United States and Taiwan, thereby increasing the exports of South Dakota to Taiwan and creating bilateral investment through tariff reduction and other trade facilitation measures; and

WHEREAS, Taiwan, seeking to contribute to greater regional integration in the Asia-Pacific region and promotion of bilateral investment and trade relations with the United States, applauds the United States announcement of its intent not only to join the Trans-Pacific Partnership (TPP), the proposed twenty-first century trade agreement between the U.S. and eleven other Asia-Pacific Rim countries, but to expand TPP membership in the future to include other countries, such as the Republic of China (Taiwan); and

WHEREAS, Taiwan's inclusion in the TPP would contribute substantially to the depth, viability, and quality of the TPP, Taiwan's strong economic weight in the Asia-Pacific and the world, its well-developed knowledge base and highly-skilled workforce, its vital position along regional supply chains and value chains, and the positive economic and strategic gains for all make Taiwan an ideal candidate economy for the TPP's expansion; and

WHEREAS, the development of international civil aviation in a safe and orderly manner is the supreme cause of the International Civil Aviation Organization (ICAO); the international civil aviation depends to a great extent on multilateral cooperation to achieve the goals of safety order and sustainable development; and

WHEREAS, Taiwan is an integral part of the global aviation network; with an excellent geographic location, Taiwan is a key aviation hub for regions in Asia and the world; and

WHEREAS, Taiwan Taoyuan International Airport is ranked sixteenth globally in international passenger traffic by the Airports Council International (ACI), and fifty-eight domestic and foreign airlines connect Taiwan with one hundred seventeen cities across the world; and

WHEREAS, the Taipei Flight Information Region (FIR) each year provides more than one million three hundred thousand navigation services to aircraft carrying forty-five million passengers and over one million six hundred eighty thousand tons of cargo. The large volume of cargo and passenger traffic make Taiwan an important part of the global air transport network; and

WHEREAS, without Taiwan's participation, international flight plans, regulations, and procedure that the ICAO formulates will be incomplete and unsafe; and

WHEREAS, Taiwan's request to participate in the ICAO is fully in line with the United States government's policy of supporting Taiwan's meaningful participation in United Nations specialized agencies:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninetieth Legislature of the State of South Dakota, the House of Representatives concurring therein:

(1) That the South Dakota Legislature is celebrating the thirty-first anniversary of sister state relations with the Republic of China (Taiwan); and

(2) That the South Dakota Legislature supports Taiwan's efforts to entry into the Trans-Pacific Partnership (TPP) and endorses the signing of the Bilateral Investment Agreement (BIA)with the United States; and

(3) That the South Dakota Legislature endorses Taiwan's participation in the International CivilAviation Organization (ICAO) as an observer; and

BE IT FURTHER RESOLVED, that copies of this resolution are sent to the United States Secretary of State John F. Kerry, President Ma Ying-jeou of the Republic of China (Taiwan), Secretary General Raymond Benjamin of the International Civil Aviation Organization, each member of the South Dakota Congressional Delegation, and Director General Jack J.C. Yang of the Taipei Economic and Cultural Office.

Was read the first time, the President waived the referral to committee, and placed SCR 2 on the calendar of Wednesday, January 28, the 11^th legislative day.

SCR 3 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), Holien, Lederman, Monroe, Novstrup (David), Olson, Omdahl, Rampelberg, Solano, and Van Gerpen and Representatives Craig, Brunner, Campbell, DiSanto, Haugaard, Hickey, Hunt, Klumb, Latterell, Marty, May, Russell, Stalzer, Wiik, and Zikmund

A CONCURRENT RESOLUTION, Recognizing the mutual benefit between health care sharing and health savings accounts.

WHEREAS, health care cost support is an essential element of economic security for American families and individuals and families and individuals require more health care cost support choices, not fewer; and

WHEREAS, health care sharing ministries (HCSM) provide health care cost sharing arrangements among persons of similar and sincerely held religious beliefs and are administered by not-for-profit religious organizations; and

WHEREAS, Congress recognized the legitimacy of HCSMs in 2010, after granting participants in these ministries one of the nine exemptions from the individual mandate in the Affordable Care Act; and

WHEREAS, participation in a HCSM typically costs forty to sixty-five percent less than conventional health insurance; and

WHEREAS, for income earned in 2011, approximately seventy-two percent of HCSM participants were at or below four hundred percent of the federal poverty level (FPL), including approximately forty-four percent of HCSM participants were at or below two hundred percent of FPL; and

WHEREAS, when health savings accounts (HSA) were established as part of the Medicare Modernization Act in December 2003, citizens opening a HSA were required to also purchase a high deductible health insurance plan; and

WHEREAS, according to America's Health Insurance Plans (AHIP) Center for Policy and Research, as of January 2013, 15.5 million people in America have made HSAs their choice for health care cost support; and

WHEREAS, according to the same report, the states with the highest HSA enrollment is Illinois, Texas, California, Ohio, and Michigan; and

WHEREAS, according to the same report, children under the age of nineteen comprise the largest group of lives covered by a HSA; and

WHEREAS, another AHIP report shows that eighty-three percent of HSA owners have incomes that put them in the middle income class or lower; and

WHEREAS, according to the Society of Human Resource Management, forty-three percent of employers offered HSAs in 2012:

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 South Dakota Legislature recognizes the mutual benefit that would be created if citizens who opened a health savings account would have the ability to choose between participation in a health care sharing ministry or the purchase of a high deductible health insurance plan; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature encourages Congress to support federal legislation as necessary to create this additional health care cost support choice.

Was read the first time, the President waived the referral to committee, and placed SCR 3 on the calendar of Wednesday, January 28, the 11^th legislative day.

Sen. Rave moved that SB 63, 67, 66, and 39 be placed to follow SB 9 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORT OF COMMITTEE

Sen. Rave moved that the report of the Standing Committee on

State Affairs on SB 8 as found on page 164 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 93 Introduced by: Senators Solano, Ewing, Hunhoff (Bernie), Lederman, and Peterson (Jim) and Representatives Dryden, Feickert, Kirschman, Romkema, and Willadsen

FOR AN ACT ENTITLED, An Act to impose a gross receipts tax on the rental of certain motorcycles in lieu of the excise tax on motor vehicles.

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

SB 94 Introduced by: Senators Haverly, Ewing, Hunhoff (Bernie), Lederman, and Peterson (Jim) and Representatives Werner, Feickert, Kirschman, Romkema, Westra, and Willadsen

FOR AN ACT ENTITLED, An Act to establish a license fee for electric-powered motorcycles.

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

SB 95 Introduced by: Senators Holien, Brown, Haggar (Jenna), Jensen (Phil), Monroe, Novstrup (David), Omdahl, Rampelberg, and Rusch and Representatives Craig, Campbell, Greenfield (Lana), Hickey, Qualm, Rasmussen, Stalzer, and Zikmund

FOR AN ACT ENTITLED, An Act to revise provisions related to human trafficking.

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

SB 96 Introduced by: Senators Holien, Brown, Haggar (Jenna), Jensen (Phil), Monroe, Novstrup (David), Omdahl, Rampelberg, and Rusch and Representatives Craig, Campbell, Greenfield (Lana), Hickey, Otten (Herman), Qualm, Rasmussen, Stalzer, and Zikmund

FOR AN ACT ENTITLED, An Act to revise provisions related to prostitution and solicitation of a minor.

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

SB 97 Introduced by: Senator Tieszen and Representatives Sly, Gosch, and Soli

FOR AN ACT ENTITLED, An Act to revise the allowable penalties for a person admitted to drug court.

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

SB 98 Introduced by: Senator Tieszen and Representatives Sly, Gosch, and Soli

FOR AN ACT ENTITLED, An Act to revise the provisions related to the financial accountability system.

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

SB 99 Introduced by: Senator Peters and Representative Cronin

FOR AN ACT ENTITLED, An Act to revise certain provisions of the Medicaid contingency fund due to federal legislation, to make an appropriation therefor, and to declare an emergency.

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

SB 100 Introduced by: Senators Peters, Curd, Haggar (Jenna), Haverly, Heinert, Holien, Hunhoff (Bernie), Jensen (Phil), Lederman, Novstrup (David), Olson, Parsley, Rave, Solano, Tidemann, Van Gerpen, Vehle, and White and Representatives Haggar (Don), Conzet, Cronin, Deutsch, Dryden, Duvall, Gosch, Harrison, Hawks, Hawley, Jensen (Alex), Johns, Kirschman, Langer, McCleerey, Mickelson, Munsterman, Peterson (Kent), Rounds, Schoenfish, Solum, Stalzer, Verchio, Westra, Wink, and Zikmund

FOR AN ACT ENTITLED, An Act to create a leased residential property classification and to establish the school district general fund levy for the property classification.

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

SB 101 Introduced by: Senators Peters, Bradford, Buhl O'Donnell, Cammack, Curd, Ewing, Haggar (Jenna), Haverly, Heineman (Phyllis), Heinert, Jensen (Phil), Lederman, Monroe, Novstrup (David), Olson, Omdahl, Otten (Ernie), Parsley, Rampelberg, Solano, Sutton, Tidemann, Van Gerpen, and White and Representatives Sly, Anderson, Bartling, Brunner, Conzet, Cronin, Deutsch, Dryden, Gibson, Gosch, Greenfield (Lana), Haggar (Don), Haugaard, Hawks, Heinemann (Leslie), Hickey, Hunhoff (Jean), Jensen (Alex), Kirschman, Klumb, Langer, Latterell, Novstrup (Al), Peterson (Kent), Qualm, Rasmussen, Rozum, Schaefer, Schoenfish, Schrempp, Soli, Stevens, Tulson, Verchio, Westra, Wiik, Wink, Wollmann, and Zikmund

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding cancer treatment medication coverage by insurance companies.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 102 Introduced by: Senators Frerichs, Lederman, and Olson and Representatives Feickert, Beal, Hickey, Kirschman, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to revise certain provisions that dedicate property tax revenue for the financing of tax incremental districts.

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

SB 103 Introduced by: Senators Vehle, Bradford, Ewing, Frerichs, Greenfield (Brock), Heinert, Monroe, Olson, Omdahl, Parsley, Peterson (Jim), Rampelberg, Rusch, Tieszen, Van Gerpen, and White and Representatives Tulson, Anderson, Bartling, Beal, Duvall, Feickert, Greenfield (Lana), Haggar (Don), Hawks, Johns, Kaiser, Kirschman, Klumb, Langer, May, McCleerey, Mickelson, Novstrup (Al), Peterson (Kent), Qualm, Rasmussen, Romkema, Rozum, Schaefer, Schoenfish, Schrempp, Sly, Solum, Verchio, Werner, Westra, Wiik, Willadsen, Wollmann, and Zikmund

FOR AN ACT ENTITLED, An Act to authorize townships to levy a capital improvement property tax for secondary roads, bridges, and culverts.

Was read the first time.

SB 104 Introduced by: Senators Otten (Ernie), Brown, Haggar (Jenna), Holien, Lederman, Olson, Peters, Rave, Soholt, Solano, and Tidemann and Representatives Sly, Bolin, Craig, Cronin, Gosch, Haggar (Don), Kaiser, Langer, Mickelson, Novstrup (Al), Otten (Herman), Verchio, Westra, and Wink

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding student surveys.

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

SB 105 Introduced by: Senators Olson, 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), Otten (Ernie), Parsley, Peters, Peterson (Jim), Rampelberg, Rave, Soholt, Solano, Sutton, Tidemann, Vehle, and White and Representatives Gosch, Anderson, Beal, Bolin, Bordeaux, Brunner, Campbell, Craig, Deutsch, Feickert, Gibson, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Heinemann (Leslie), Hickey, Hunhoff (Jean), Hunt, Johns, Kaiser, Klumb, Latterell, Marty, May, McCleerey, Mickelson, Otten (Herman), Partridge, Peterson (Kent), Rasmussen,

Ring, Romkema, Rounds, Rozum, Russell, Schaefer, Schoenfish, Sly, Stalzer, Stevens, Tulson, Verchio, Westra, Wiik, Wink, and Wollmann

FOR AN ACT ENTITLED, An Act to provide Legislators access to the state capitol complex tunnel system.

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

SB 106 Introduced by: Senator Brown and Representative Dryden

FOR AN ACT ENTITLED, An Act to provide funding for the South Dakota technical institutes.

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

SB 107 Introduced by: Senators Tieszen and Jensen (Phil) and Representatives Verchio, Craig, and Sly

FOR AN ACT ENTITLED, An Act to increase the period an instructor permit is valid and to revise the requirements to upgrade to an operator's licence or a restricted minor's permit.

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

SB 108 Introduced by: Senators Tieszen and Vehle and Representatives Gosch, Sly, and Soli

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to aggravated DUI's.

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

SB 109 Introduced by: Senators Tidemann, Bradford, Brown, Peterson (Jim), Rave, Rusch, Tieszen, Van Gerpen, Vehle, and White and Representatives Munsterman, Bartling, Cronin, Dryden, Hawley, Hunhoff (Jean), Mickelson, and Wiik

FOR AN ACT ENTITLED, An Act to establish a grant program for adult community residential services designed to reduce the risk of recidivism, to provide a report to the Legislature, and to make an appropriation therefor.

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

SB 110 Introduced by: Senators Parsley, Hunhoff (Bernie), Peterson (Jim), Rave, and Tidemann and Representatives Heinemann (Leslie), Bartling, Dryden, Hawley, Peterson (Kent), Wollmann, and Zikmund

FOR AN ACT ENTITLED, An Act to revise the authority granted to the Building Authority and to the Board of Regents to construct an information system building on the campus of Dakota State University in Madison.

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

SB 111 Introduced by: Senators Parsley, Buhl O'Donnell, Haverly, Hunhoff (Bernie), Olson, Omdahl, and Sutton and Representatives Wollmann, Bartling, Bolin, Feickert, Gibson, Johns, McCleerey, Otten (Herman), Rasmussen, Ring, Romkema, Schoenfish, and Schrempp

FOR AN ACT ENTITLED, An Act to repeal the provision that invalidates absentee ballots cast by voters who died before the date of the election.

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

SB 112 Introduced by: Senators Tieszen, Bradford, Buhl O'Donnell, Curd, Heineman (Phyllis), Heinert, Hunhoff (Bernie), Monroe, Parsley, Rampelberg, Sutton, and Tidemann and Representatives Hickey, Bolin, Feickert, Harrison, Kaiser, and Soli

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voting rights of a person convicted of a felony.

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

SB 113 Introduced by: Senators Brown, Rave, and Sutton and Representatives Gosch and Wink

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the fiscal impact statements prepared for legislation that impacts state prison or county jail populations.

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

SB 114 Introduced by: Senators Monroe, Ewing, Greenfield (Brock), Haggar (Jenna), Holien, Lederman, Olson, Omdahl, Van Gerpen, and Vehle and Representatives Bolin, Campbell, Greenfield (Lana), Haggar (Don), Hickey, Kaiser, Latterell, May, Qualm, Schoenfish, Stalzer, and Zikmund

FOR AN ACT ENTITLED, An Act to encourage and protect the teaching of certain scientific information.

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

SB 115 Introduced by: Senators Monroe, Haggar (Jenna), Jensen (Phil), and Rampelberg and Representatives Qualm, Kaiser, Schoenfish, and Zikmund

FOR AN ACT ENTITLED, An Act to require the state to assume the responsibility for legal expenses of certain persons in the state's custody.

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

SB 116 Introduced by: Senators Monroe, Haggar (Jenna), Jensen (Phil), Rampelberg, and White and Representatives Kaiser, Qualm, and Zikmund

FOR AN ACT ENTITLED, An Act to authorize the county coroner to charge a fee for certain autopsy reports.

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

SB 117 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Haggar (Jenna), Holien, Monroe, Olson, Omdahl, and Van Gerpen and Representatives Greenfield (Lana), Anderson, Bolin, Brunner, Campbell, Craig, DiSanto, Feickert, Haggar (Don), Heinemann (Leslie), Hickey, Kaiser, Klumb, May, Qualm, Rasmussen, Russell, Stalzer, Verchio, and Zikmund

FOR AN ACT ENTITLED, An Act to further protect the privacy of certain student information.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child welfare agencies.

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

HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions related to social work licensure.

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

HB 1018: FOR AN ACT ENTITLED, An Act to revise the sales and use tax exemptions for farm machinery.

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

HB 1020: FOR AN ACT ENTITLED, An Act to revise the mailing fees for noncommercial vehicle plates and decals.

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

HB 1021: FOR AN ACT ENTITLED, An Act to repeal the authorization for the South Dakota School of Mines and Technology research center project and to authorize the South Dakota Building Authority to issue bonds to finance a portion of the maintenance and repair of the South Dakota School of Mines and Technology chemistry/chemical engineering renovation project.

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

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 first time and referred to the Committee on Appropriations.

HB 1033: FOR AN ACT ENTITLED, An Act to repeal the South Dakota Energy Infrastructure Authority.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1034: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Wind Energy Competitive Advisory Task Force.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the regulation of public utilities.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the siting of energy facilities.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1042: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to construct offices in Butte County and Roberts County, to make an appropriation therefor, and to declare an emergency.

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

HB 1049: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding reversions of appropriations for a repealed tax refund program.

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

HB 1051: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

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

HB 1060: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program and to declare an emergency.

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

HB 1061: FOR AN ACT ENTITLED, An Act to repeal an outdated and obsolete provision related to transferring cases from inferior courts to circuit courts.

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

HB 1062: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to jury selection.

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

HB 1063: FOR AN ACT ENTITLED, An Act to revise the notice provisions for the name change of a minor child.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 10: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the classes of investments used for state funds.

Was read the second time.

The question being "Shall SB 10 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 60: FOR AN ACT ENTITLED, An Act to provide newborn screening of inherited and genetic disorders.

Was read the second time.

Sen. Tieszen moved that SB 60 be amended as follows:

On page 2, line 12, of the printed bill, overstrike ", prevention,".

Which motion prevailed.

The question being "Shall SB 60 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Greenfield (Brock); Haggar (Jenna); Jensen (Phil); 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.

SB 21: FOR AN ACT ENTITLED, An Act to revise the income guidelines for the paraplegic property tax relief program.

Was read the second time.

The question being "Shall SB 21 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 9: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the transfer of funds administered by the state investment officer.

Was read the second time.

The question being "Shall SB 9 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. Rave moved that SB 63, 67, 66, and 39 be deferred to Wednesday, January 28, the 11^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 28: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell certain extraneous real property to the City of Brookings, to deposit the proceeds in the school and public lands trust for the benefit of South Dakota State University, and to declare an emergency.

And signed the same in the presence of the Senate.

SC 4 Introduced by: Senator Sutton and Representatives Bartling and Qualm

A LEGISLATIVE COMMEMORATION, Honoring Rebecca Brunsing of Wagner as the Municipal Finance Officer of the Year.

WHEREAS, for more than thirteen years Rebecca Brunsing has been essential in serving the City of Wagner to operate efficiently and honestly throughout; and

WHEREAS, Rebecca Brunsing daily shows her concern for her municipality, its citizens, and employees with dedication, professionalism, and patience; and

WHEREAS, Rebecca Brunsing has delivered helpful, knowledgeable assistance to citizens and elected officials alike; and

WHEREAS, Rebecca Brunsing was nominated for this award by the Mayor and municipal council members and by admirers from across the state who are grateful for her dedicated, able service; and

WHEREAS, Rebecca Brunsing is a friend and mentor to municipal finance officers throughout the state:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Rebecca Brunsing be honored as the 2014 Municipal Finance Officer of the Year.

Sen. Rusch moved that the Senate do now adjourn, which motion prevailed and at 2:52 p. m. the Senate adjourned.

Kay Johnson, Secretary