JOURNAL OF THE SENATE

NINETIETH SESSION



SIXTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 5, 2015

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

    The prayer was offered by the Chaplain, Pastor Tom Christenson, followed by the Pledge of Allegiance led by Senate page Shyanne Seidel.

    Roll Call: All members present except Sen. Omdahl 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 fifteenth 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 Education respectfully reports that it has had under consideration SB 124 and 125 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill be amended as follows:

86ra

    On page 1, line 9, of the printed bill, delete everything after "begins" and insert "July first".

    On page 1, line 10, delete "Monday, in January".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 42 which was tabled.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1007, 1008, 1009, 1010, and 1011 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill be amended as follows:

168ra

    On page 1, line 7, of the printed bill, delete "eleven" and insert "fifteen".
    On page 1, line 10, delete "and".

    On page 1, line 12, after "abuse" insert ";

            (4)    The Chief Justice of the Supreme Court shall appoint three members who have significant experience with elder abuse; and

            (5)    The attorney general shall appoint one member who has significant experience with elder abuse".

168ya

    On page 2, after line 6 of the printed bill, insert:

    "Section 4. This Act is repealed on December 31, 2016.".


    And that as so amended said bill do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 98 and 108 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 97 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 the nomination of Patricia White Horse Carda of Charles Mix County, Wagner, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and that said appointment 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 HB 1053 and 1054 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1055 and returns the same with the recommendation that said bill be amended as follows:

1055ja

    On page 2 of the House Agriculture and Natural Resources Committee engrossed bill, delete lines 16 to 24, inclusive.

    On page 3, delete lines 1 to 6, inclusive.

    On page 11, delete lines 6 to 14, inclusive.

    And that as so amended said bill do pass.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 120 and returns the same with the recommendation that said bill be amended as follows:

120ra

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That § 35-4-124 be amended to read as follows:

    35-4-124. Any municipality or county may issue:

            (1)    A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant;
            (2)    A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by the special events license applicant;

            (3)    A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4) or (6) in addition to any other licenses held by the special events license applicant; or

            (4)    A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12;

            (5)    A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), or (17A) in addition to any other license held by the special events license applicant; or

            (6)    A special off-sale package malt beverage dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (16), (17), (17A), or (20) in addition to any other license held by the special events license applicant.

    Any license issued pursuant to this section may be issued for a period of time established by the municipality or county. However, no period of time may exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year.

    Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

    A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may accept donated wine from members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans

organization holding a special events license pursuant to subdivision 35-4-124(6) may accept donated malt beverages from members of the public to be sold at the special event.

    Any donated wine or malt beverage must have been purchased from a licensed South Dakota retailer by the donor. A complete record of the proof of the purchase of the donated wine or malt beverage from a licensed South Dakota retailer must accompany the wine or malt beverage at the time of donation, and the holder of the special events license pursuant to subdivision 35-4-124(5) or (6) shall maintain a complete record of the proof of the purchase of the donated wine or malt beverage."

120fa

    On page 3, after line 1 of the printed bill, insert:

    "Section 2. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


120fta

    On page 1, line 2, of the printed bill, after "events" insert "and to declare an emergency".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

118rb

    On page 2, line 15, of the printed bill, after "an" insert "easily accessible".

    On page 2, line 16, after "providers" insert "and facilities".

    On page 2, line 19, after "providers" insert "and facilities".

    On page 2, line 20, overstrike "and".

    On page 3, line 1, delete everything after "the formulary" and insert "and a description of an easily accessible method to obtain a prior authorization or step edit requirement for each specific drug included on the formulary; and

                (7)    The description of the drug formularies in subdivision (6) shall be promptly updated with any adverse change.
        The provisions of this section do not apply to plans that are not actively marketed by a carrier.

        Section 2. This Act is effective January 1, 2016.".


    On page 3, delete lines 2 to 23, inclusive.

    And that as so amended said bill do pass.


Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 155 and 156 which were deferred to the 41st Legislative Day.

Respectfully submitted,
R. Blake Curd, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1002, 1005, 1047, 1050, 1073, 1092, 1095, 1097, 1098, 1111, 1117, and 1120 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1004: A CONCURRENT RESOLUTION, Addressed to the United States Supreme Court setting forth certain facts and expressly enumerating the grievances of the People of the State of South Dakota, through their elected representatives, with that Court's decision in Roe v. Wade, 410 U.S. 113 (1973), and its progeny and calling for that Court to now protect the intrinsic, natural, fundamental rights of the children of our State and nation and the intrinsic, natural, fundamental rights of their pregnant mothers in their relationship with their children, and the mothers' health by reconsidering and overturning the court's decision in Roe.

    Was read the second time.

    Sen. Rave moved that the Senate do concur in HCR 1004 as found on page 144 of the House Journal.

    The question being on Sen. Rave's motion that HCR 1004 be concurred in.

    And the roll being called:

    Yeas 25, Nays 9, Excused 1, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Peterson (Jim); Rampelberg; Rave; Rusch; Solano; Sutton; Van Gerpen; White

    Nays:
Bradford; Buhl O'Donnell; Heinert; Parsley; Peters; Soholt; Tidemann; Tieszen; Vehle

    Excused:
Omdahl

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

    Sen. Rave moved that SB 100 be placed to follow SB 39 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, February 6, the 17th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 135 as found on page 280 of the Senate Journal; also

    Local Government on SB 64 as found on page 279 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1002: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Revenue to provide for the electronic submission of reports and taxes related to alcoholic beverages and to declare an emergency.

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

    HB 1005: FOR AN ACT ENTITLED, An Act to repeal the foundation program fund and references thereto.

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

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

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

    HB 1050: FOR AN ACT ENTITLED, An Act to repeal certain funds, to make revisions to receipts dedicated to the property tax reduction fund, and to create the general revenue replacement fund.

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

    HB 1073: FOR AN ACT ENTITLED, An Act to require a sex offender to report a change in vehicle status to law enforcement.

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

    HB 1092: FOR AN ACT ENTITLED, An Act to establish the rural school teacher recruitment assistance program, and to make an appropriation to the education enhancement trust fund to provide for the annual funding of the program.

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

    HB 1095: FOR AN ACT ENTITLED, An Act to provide access to abandoned cemeteries and private burying grounds.

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


    HB 1097: FOR AN ACT ENTITLED, An Act to provide for a reduced minimum fall enrollment for certain school districts.

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

    HB 1098: FOR AN ACT ENTITLED, An Act to authorize extended terms of lease for airport facilities.

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

    HB 1111: FOR AN ACT ENTITLED, An Act to increase the costs and expenses considered reasonable for the collection of certain dishonored checks.

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

    HB 1117: FOR AN ACT ENTITLED, An Act to provide for the approval of postsecondary courses for certain nonpublic school students and students receiving alternative instruction.

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

    HB 1120: FOR AN ACT ENTITLED, An Act to revise the provisions related to phase in rate plans for plant additions.

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 161: FOR AN ACT ENTITLED, An Act to allow certain fireworks to be used all year.

    Was read the second time.

161rb

    Sen. Greenfield (Brock) moved that SB 161 be amended as follows:

    On the Senate Commerce and Energy Committee engrossed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 34-37 be amended by adding thereto a NEW SECTION to read as follows:

        The provisions of § 34-37-16.1 do not apply to snakes and smoke effects if they do not fly, travel, or explode, or to single-shot parachute pieces without a flare."

    Which motion prevailed.

    The question being "Shall SB 161 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; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Omdahl; Rave

    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 80: 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 second time.

    The question being "Shall SB 80 pass?"

    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); Heinert; Holien; 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:
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 85: FOR AN ACT ENTITLED, An Act to repeal certain requirements regarding the handlebar height on motorcycles.

    Was read the second time.

    The question being "Shall SB 85 pass?"

    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); Heinert; Holien; 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:
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 94: FOR AN ACT ENTITLED, An Act to establish a license fee for electric-powered motorcycles.

    Was read the second time.

    The question being "Shall SB 94 pass?"

    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); Heinert; Holien; 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:
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 111: 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 second time.

    The question being "Shall SB 111 pass?"

    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); Heinert; Holien; 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:
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 57: FOR AN ACT ENTITLED, An Act to authorize and regulate the playing of craps, roulette, and keno within the city limits of the city of Deadwood.

    Was read the second time.

    The question being "Shall SB 57 pass?"

    And the roll being called:

    Yeas 27, Nays 7, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Novstrup (David); Olson; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Cammack; Haggar (Jenna); Monroe; Otten (Ernie); Rusch; Van Gerpen; White


    Excused:
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 66: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the county renaming process.

    Was read the second time.

    The question being "Shall SB 66 pass as amended?"

    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); Heinert; Holien; 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:
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 39: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to disasters in the state and to declare an emergency.

    Was read the second time.

39db

    Sen. Haverly moved that SB 39 be amended as follows:

    On page 1, line 4, of the printed bill, delete "seven million nine" and insert "five million two hundred fourteen thousand three".

    On page 1, line 5, delete everything before "dollars" .

    On page 1, line 5, delete "($7,994,449)" and insert "($5,214,003)".

    Which motion prevailed.

    The question being "Shall SB 39 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); Holien; 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:
Heinert; 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.

    Sen. Rave moved that SB 100 and HB 1058, 1059, 1063, 1043, 1057, 1051, and 1013 be deferred to Friday, February 6, the 17th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

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

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

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

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

    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.


    And signed the same in the presence of the Senate.

    Sen. Jensen (Phil) moved that the Senate do now adjourn, which motion prevailed and at 3:40 p.m. the Senate adjourned.

Kay Johnson, Secretary