Senate Journal 2/6/2015 01:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 6, 2015

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by Senate pages Brinley Olson and Marie Zander.

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 sixteenth 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.

COMMUNICATIONS AND PETITIONS

January 22, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Roger P. Novotny, Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective immediately, and shall continue until January 1, 2018.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 23 and 36 were delivered to his Excellency, the Governor, for his approval at 9:23 a.m., February 6, 2015.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1071 and 1104 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 107 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 Transportation respectfully reports that it has had under consideration SB 160 which was tabled.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 110 and 172 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 91 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete “two hundred” and insert “one dollar ($1)”.

On page 1, line 5, delete “thousand dollars ($200,000)”.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration SB 92 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 4, of the printed bill, delete “two hundred” and insert “($1)”.

On page 1, line 5, delete “thousand dollars ($200,000)”.

And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 136 and returns the same with the recommendation that said bill be amended as follows:

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

"Section 1. That § 10-45-1.16 be amended to read as follows:

10-45-1.16. Gross receipts, as defined in § 10-45-1.14, do not include:

(1) Discounts, including cash, term, or coupons that are not reimbursed by a third party that are allowed by a retailer and taken by a purchaser on a sale;

(2) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property, any product transferred electronically, or services, if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser; ~~and~~

(3) Any taxes legally imposed directly on the consumer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser; and

(4) Any taxes imposed by a municipality pursuant to §§ 49-34A-45 and 49-34A-46. "

On page 1, line 1, of the printed bill, delete "municipal sales and use" and insert "certain municipal".

On page 1, line 2, delete "of" and insert "for customers served by".

And that as so amended said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1083, 1096, 1101, 1102, 1124, 1130, 1132, 1134, 1150, and 1151 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1026.

Also MR. PRESIDENT:

I have the honor to return herewith SB 12 which has passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 Introduced by: Senators Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield, Brock; Hagger, 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninetieth Legislature of the State of South Dakota to Catie 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

WHEREAS, the above named served loyally as pages for the Senate of the Ninetieth Legislative Session; and

WHEREAS, the members of the Ninetieth Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninetieth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Holien moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Holien's motion that Senate Page Resolution 2 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); 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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1055 as found on page 298 of the Senate Journal; also

Commerce and Energy on SB 118 as found on page 300 of the Senate Journal

Commerce and Energy on SB 120 as found on page 298 of the Senate Journal; also

Education on SB 86 as found on page 296 of the Senate Journal; also

Retirement Laws on SB 168 as found on page 296 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The President declared that SB 164 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

The following bills were read on February 4, 2015, and today the President Pro tempore assigned these bills to committee.

SB 192 was referred to the Committee on Judiciary.

SB 193 was referred to the Committee on Appropriations.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1083: FOR AN ACT ENTITLED, An Act to require reimbursement to certain entities for fire suppression and extinguishment costs.

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

HB 1096: FOR AN ACT ENTITLED, An Act to revise certain procedures for issuing a permit to carry a concealed pistol.

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

HB 1101: FOR AN ACT ENTITLED, An Act to ensure local control over curriculum and methods of instruction.

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

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of licensing massage therapists.

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

HB 1124: FOR AN ACT ENTITLED, An Act to authorize motor vehicles to exceed the posted speed limit under certain conditions.

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

HB 1130: FOR AN ACT ENTITLED, An Act to prohibit an abortion provider from accepting payment for an abortion prior to the end of the required informed consent period.

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

HB 1132: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the titling of motor vehicles, boats, mobile homes, and manufactured homes and the issuance of temporary permits by licensed dealers.

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

HB 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the expungement of arrest records.

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

HB 1150: FOR AN ACT ENTITLED, An Act to provide for the annual adjustment of the salary of legislators.

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

HB 1151: FOR AN ACT ENTITLED, An Act to improve public safety through confidential stress management services for emergency service providers.

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

SECOND READING OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Patricia White Horse Carda of Charles Mix County, Wagner, South Dakota, to the Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the executive appointment of Patricia White Horse Carda pursuant to the executive message as found on page 45 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Omdahl

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

SECOND READING OF CONSENT CALENDAR BILLS AND RESOLUTIONS

Sen. Peters requested that SB 124 be removed from the Consent Calendar.

SB 125: FOR AN ACT ENTITLED, An Act to revise the minimum suspension requirements for students participating in extracurricular activities.

Was read the second time.

The question being "Shall SB 125 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Was read the second time.

The question being "Shall SB 97 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1007: FOR AN ACT ENTITLED, An Act to revise and update certain provisions relating to the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1007 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1008: FOR AN ACT ENTITLED, An Act to provide for a consistent refund methodology for members of the South Dakota Retirement System and their beneficiaries.

Was read the second time.

The question being "Shall HB 1008 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1009: FOR AN ACT ENTITLED, An Act to limit the recovery of certain overpayments made by the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to disability and surviving spouse benefits for members of the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1011: FOR AN ACT ENTITLED, An Act to provide for automatic increases in the accounts of automatically-enrolled participants of the deferred compensation plan of the South Dakota Retirement System.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1053: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions related to the Department of Game, Fish and Parks.

Was read the second time.

The question being "Shall HB 1053 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain record keeping and inspection requirements for fur dealers.

Was read the second time.

The question being "Shall HB 1054 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

Sen. Rave moved that SB 64, 135, 98, 108, and 100 and HB 1058, 1059, 1063, 1043, 1057, 1051, and 1013 be deferred to Monday, February 9, the 18^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 12: FOR AN ACT ENTITLED, An Act to allow the spouse of an active duty military person to qualify as a resident for a temporary permit to carry a concealed pistol.

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

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.

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

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

And signed the same in the presence of the Senate.

SC 8 Introduced by: Senators Tidemann, Buhl O'Donnell, Hunhoff (Bernie), Soholt, and Sutton and Representatives Bartling, Duvall, Hawley, Kaiser, Novstrup (Al), Schoenbeck, and Solum

A LEGISLATIVE COMMEMORATION, Honoring the 2015 South Dakota Boys & Girls Clubs of America's Youth of the Year finalists.

WHEREAS, Morgan Kalhoff, Boys & Girls Club of Aberdeen; Mackenzie Sarratt, Boys & Girls Club of the Capital Area; Dylan Borgstrom, Boys & Girls Club of Brookings, Inc.; Kaleb Hartley, Boys & Girls Clubs of the Missouri River Area; Shaheem Rhodes, Boys & Girls Club of the Sioux Empire; and Ashley Berkey, Boys & Girls Club of Watertown, belong to a Boys & Girls Club in South Dakota and have been selected to represent their respective club in the state Youth of the Year Program; and

WHEREAS, the Youth of the Year Program is the Boys & Girls Club of the America's premier youth recognition program for club members which promotes and celebrates service to the club, community, and family; academic performance; moral character; life goals; and poise and public speaking ability; and

WHEREAS, Disney, Toyota, the University of Phoenix, and the Taco Bell Foundation for Teens generously sponsor the Boys & Girls Clubs of America's Youth of the Year program; and

WHEREAS, one of these club members will be selected to represent South Dakota in the national Youth of the Year program; and

WHEREAS, these club members have demonstrated exemplary accomplishments in the areas of leadership, community service, character development, academics, fitness, poise, and public speaking:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Morgan Kalhoff, Boys & Girls Club of Aberdeen; Mackenzie Sarratt, Boys & Girls Club of the Capital Area; Dylan Borgstrom, Boys & Girls Club of Brookings, Inc.; Kaleb Hartley, Boys & Girls Clubs of the Missouri River Area; Shaheem Rhodes, Boys & Girls Club of the Sioux Empire; and Ashley Berkey, Boys & Girls Club of Watertown, are commended for their outstanding achievements, and that appreciation is extended to Boys & Girls Club of America, Disney, Toyota, the University of Phoenix, and the Taco Bell

Foundation for Teens for their work in promoting and celebrating these achievements through the Youth of the Year Program.

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 1:35 p.m. the Senate adjourned.

Kay Johnson, Secretary