Senate Journal 2/4/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

FIFTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 4, 2015

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

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Seth Newton and Veronica Thomas.

Roll Call: All members present except Sens. Holien and Omdahl who were 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 fourteenth 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

February 4, 2015

Mr. President and Members of the Senate:

I have the honor to inform you that on February 4, 2015, I approved Senate Bill 28, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 31, 32, and 35 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., February 4, 2015.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 23 and 36 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 80, 85, and 94 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 111 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 64 and returns the same with the recommendation that said bill be amended as follows:

64fa

On page 1, line 5, of the printed bill, delete "for-profit or nonprofit".

On page 2, line 4, delete "for-profit".

On page 2, line 5, delete "or nonprofit".

On page 2, delete lines 14 to 17, inclusive.

64sa

On page 1, line 11, of the printed bill, overstrike "Failure to file a required fictitious name statement is a Class 2 misdemeanor.".

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 116 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1058 and 1059 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 102 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 57 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 135 and returns the same with the recommendation that said bill be amended as follows:

135ra

On page 3, after line 8 of the printed bill, insert:

"Section 3. That chapter 10-52 be amended by adding thereto a NEW SECTION to read as follows:

If the Governor declares a state fiscal emergency and the State of South Dakota enacts a statewide sales and use tax pursuant to chapters 10-45 and 10-46, the provisions of this Act are suspended and no municipality may impose an additional local option sales tax pursuant to this Act until such time as the statewide sales tax enacted to address the state fiscal emergency is repealed.".

And that as so amended said bill do pass.

Respectfully submitted,
Tim Rave, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1041, 1052, 1079, 1081, 1091, 1099, 1106, 1119, and 1125 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 23 and 36 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 4 in which the House has concurred.

Respectfully,
Arlene Kvislen, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 161 as found on page 257 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The President declared that SB 143 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SB 191 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay certificates and lease purchase agreements of school districts and the pledge of foundation program aid to secure such obligations.

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

SB 192 Introduced by: The Committee on Taxation

FOR AN ACT ENTITLED, An Act to permit the sergeant-at-arms to carry concealed firearms in the state capitol building under certain conditions.

Was read the first time.

SB 193 Introduced by: The Committee on Taxation

FOR AN ACT ENTITLED, An Act to provide for an annual evaluation of economic development incentives.

Was read the first time.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1041: FOR AN ACT ENTITLED, An Act to increase certain driver and commercial driver licensing application fees and to dedicate certain revenue for the purpose of operating the driver license program.

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

HB 1052: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of insurance holding companies.

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

HB 1079: FOR AN ACT ENTITLED, An Act to revise the deadline for the Department of Health's annual report regarding abortions.

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

HB 1081: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding county officials and the board of county commissioners.

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

HB 1091: FOR AN ACT ENTITLED, An Act to require that the minutes of meetings of any state board or commission include a record of how each individual member voted on certain motions.

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

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions related to transferable interests in limited liability partnerships.

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

HB 1106: FOR AN ACT ENTITLED, An Act to establish the rights of municipal, county, or township officers in certain decision-making processes.

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

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain adoption proceedings regarding the adult adoption of biological children.

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

HB 1125: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice for meeting of public bodies.

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

CONSIDERATION OF CONSENT CALENDAR ITEMS

SB 17: FOR AN ACT ENTITLED, An Act to revise the definition of motor vehicles that are subject to the lemon law.

Was read the second time.

The question being "Shall SB 17 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Holien; Omdahl

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

HB 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 second time.

The question being "Shall HB 1061 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; Omdahl

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

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

Was read the second time.

The question being "Shall HB 1062 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; Omdahl

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

HB 1065: FOR AN ACT ENTITLED, An Act to revise certain provisions related to voting trusts and agreements.

Was read the second time.

The question being "Shall HB 1065 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; Omdahl

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

HB 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 second time.

The question being "Shall HB 1014 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 27: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the replacement of the plant science research support facility on the campus of South Dakota State University and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 27 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; Omdahl

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

Was read the second time.

The question being "Shall SB 77 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; 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 93: 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 second time.

The question being "Shall SB 93 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; Omdahl

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 153: FOR AN ACT ENTITLED, An Act to repeal the South Dakota certified site and technology park programs.

Was read the second time.

The question being "Shall SB 153 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; 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 113: 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 second time.

The question being "Shall SB 113 pass?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Excused:
Holien; 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 69: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding elections and election petitions.

Was read the second time.

69ff

Sen. Soholt moved that SB 69 be amended as follows:

On page 11, line 13, of the Senate State Affairs Committee engrossed bill, delete everything after "a" and insert "form signed by a licensed physician verifying that the provisions of subsection (a) apply to the candidate".

Which motion prevailed.

69fg

Sen. Rave moved that SB 69 be amended as follows:

On page 1, line 9, of the Senate State Affairs Committee engrossed bill, delete "Office of the Secretary of State" and insert "office of the person in charge of that election".

On page 3, between lines 8 and 9, insert:

"Section 5. That § 12-6-7 be amended to read as follows:

12-6-7. A nominating petition may be composed of several sheets, which shall have identical headings printed at the head ~~thereof. The~~ of each sheet. If the candidate's political party was recognized pursuant to § 12-5-1 at the last general election, the petition for party office or political public office shall be signed by not less than one percent of the voters ~~who cast their vote for that party's gubernatorial candidate at the last gubernatorial election~~ registered for the candidate's political party at the last general election in the county, part of the county, district, or state electing a candidate to fill the office. If the candidate's political party has been recognized pursuant to § 12-5-1 since the last general election, the petition shall be signed by not less than one percent of the voters having no party affiliation at the last general election including any registered voters of the new political party, in the county, part of the county, district, or state electing a candidate to fill the office.

Section 6. That § 12-6-7.1 be amended to read as follows:

12-6-7.1. Notwithstanding the provisions of § 12-6-7, if the candidate's political party was recognized pursuant to § 12-5-1 at the last general election, a nominating petition for a candidate for office in the State Legislature, county political public office, and county party office shall be signed by not less than fifty voters or not less than one percent of the voters ~~who cast their vote for the party's gubernatorial candidate~~ registered for the candidate's political party at the last general election, whichever is less. If the candidate's political party has been recognized pursuant to § 12-5-1 since the last general election, the petition shall be signed by not less than fifty voters or not less than one percent of the number of voters having no party affiliation at the last general election including any registered voters of the new political party, whichever is less. The petition shall clearly designate the senatorial or representative district for which ~~said individual~~ the person is a candidate. ".

On page 3, line 20, delete "Office of the Secretary of State" and insert "office of the person in charge of that election".

On page 4, line 12, delete "voters" and insert "number of voters having no party affiliation at the last general election".

On page 4, line 13, delete "registered as an independent".

On page 10, line 13, delete "voters registered as an independent" and insert "number of voters having no party affiliation at the last general election".

On page 10, line 22, delete "19" and insert "21".

Which motion prevailed.

69oj

Sen. Sutton moved that SB 69 be amended as follows:

On page 10 of the Senate State Affairs Committee engrossed bill, delete lines 20 to 24, inclusive.

Delete page 11.

Which motion lost.

The question being "Shall SB 69 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton

Excused:
Holien; 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 67: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to certain election petition signatures.

Was read the second time.

The question being "Shall SB 67 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Holien; 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.

Sen. Rave moved that SB 66 and 39 and HB 1063, 1043, 1057, 1051, and 1013 be deferred to Thursday, February 5, the 16^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 23: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the ownership and management of the South Dakota Art Museum.

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.

HB 1024: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary statutes related to the Department of Labor and Regulation.

HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding banks and banking.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding money transmitters and money transmissions.

HB 1036: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2014.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 6 Introduced by: Senator Otten (Ernie) and Representatives Otten (Herman) and Latterell

A LEGISLATIVE COMMEMORATION, Honoring Kym Johnston of Lennox as South Dakota's 2014 Curriculum Director of the Year.

WHEREAS, Kym Johnston, a curriculum director for Lennox School District and Principal of Worthing Elementary, has been named Curriculum Director of the Year; and

WHEREAS, Mrs. Johnston has dedicated more than fourteen years to the teaching profession in a magnitude of roles, and strives to create classrooms in which students feel a sense of community, enjoy learning, and feel confident in themselves; and

WHEREAS, Mrs. Johnston believes outstanding teachers provide individualized instruction to their students to meet their individual learning needs, and she advocates for professional development for teachers and is a mentor to her peers:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Kym Johnston be congratulated upon her selection as Curriculum Director of the Year.

SC 7 Introduced by: Senator Otten (Ernie) and Representatives Otten (Herman) and Latterell

A LEGISLATIVE COMMEMORATION, Honoring and commending Paula Horton as Lennox School District Teacher of the Year.

WHEREAS, Paula Horton, a second-grade teacher for Lennox School District, has been awarded Lennox School District Teacher of the Year; and

WHEREAS, Mrs. Horton has dedicated more than thirty-seven years to the teaching profession, thirty-five years in the Lennox school district itself. She taught in a magnitude of roles and strives to create classrooms in which students feel a sense of community, enjoy learning, and feel confident; and

WHEREAS, Mrs. Horton's biggest contribution to the education profession is her love of students and her commitment to her job:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Paula Horton is congratulated upon her selection as Lennox School District Teacher of the Year.

Sen. Tieszen moved that the Senate do now adjourn, which motion prevailed and at 4:05 p.m. the Senate adjourned.

Kay Johnson, Secretary