Senate Journal 2/26/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 26, 2015

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

The prayer was offered by the Chaplain, Pastor Dan Ebbens, followed by the Pledge of Allegiance led by Senate page Grant Erwin.

Roll Call: All members present except Sen. Curd 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 twenty-seventh 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

February 4, 2015

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 1-44 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jerry Cope, Pennington County, Rapid City, South Dakota, to the South Dakota State Railroad Board.

This appointment was effective July 1, 2014, and shall continue until October 30, 2016.

Sincerely,
Dennis Daugaard
Governor

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

February 4, 2015

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear Mr. President and Members of the Senate:

Pursuant to the provisions of Chapter 1-44 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Carl Anderson, Brown County, Aberdeen, South Dakota, to the South Dakota State Railroad Board.

This appointment was effective July 1, 2014, and shall continue until October 30, 2017.

Sincerely,
Dennis Daugaard
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SCR 6 and HB 1072 and returns the same with the recommendation that said bill and resolution do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1097, 1100, and 1137 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 the nomination of Melody Schopp of Perkins County, Meadow, South Dakota, to the position of Secretary of the Department of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1073, 1128, and 1134 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 the nomination of Myron L. Rau of Minnehaha County, Sioux Falls, 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.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Krista Heeren-Graber of Hutchinson County, Freeman, South Dakota, to the South Dakota Interstate Compact for Adult Offender Supervision and returns the same with the

recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1129 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1007 and 1008 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1046, 1110, 1140, 1143, 1153, 1169, 1170, 1171, 1190, 1201, 1218, and 1228 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 8: A CONCURRENT RESOLUTION, Condemning the growing anti-Semitism in certain countries and extending an invitation to Jewish families from around the world to South Dakota.

Was read the second time.

Sen. Lederman moved that SCR 8 as found on page 504 of the Senate Journal be adopted.

The question being on Sen. Lederman's motion that SCR 8 be adopted.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Curd

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 8 was adopted.

MOTIONS AND RESOLUTIONS

HCR 1007: A CONCURRENT RESOLUTION, opposing the EPA's guidelines to reduce carbon dioxide emissions from existing fossil fuel-fired power plants in a manner that will cause economic harm.

Was read the first time, the President waived the referral to committee, and placed HCR 1007 on the calendar of Friday, February 27, the 29^th legislative day.

HCR 1008: A CONCURRENT RESOLUTION, Urging Congress and the President to recognize tribal identification cards as a valid form of identification for all official purposes.

Was read the first time, the President waived the referral to committee, and placed HCR 1008 on the calendar of Friday, February 27, the 29^th legislative day.

Sen. Rave moved that HB 1080, 1058, and 1059 be placed to follow HB1013 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 27, the 29^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Transportation on HB 1122 as found on page 503 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding zero based budgets, budgeting procedures, and the coordination of federally aided programs.

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

HB 1110: FOR AN ACT ENTITLED, An Act to approve the addition of judges to the Second and Seventh Judicial Circuits and to make an appropriation therefor.

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

HB 1140: FOR AN ACT ENTITLED, An Act to increase the crimes and lookback period to enhance the penalty for violating a protection order.

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

HB 1143: FOR AN ACT ENTITLED, An Act to increase the criminal violations that are subject to protection orders.

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

HB 1153: FOR AN ACT ENTITLED, An Act to expand the definition of teleconference to include certain meetings conducted through electronic text colloquy and to require the retention of certain records of text colloquy meetings for public inspection.

Was read the first time.

HB 1169: FOR AN ACT ENTITLED, An Act to accommodate legislation on medical services.

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

HB 1170: FOR AN ACT ENTITLED, An Act to accommodate legislation relating to education in South Dakota.

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

HB 1171: FOR AN ACT ENTITLED, An Act to enhance South Dakota.

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

HB 1190: FOR AN ACT ENTITLED, An Act to make an appropriation for community-based provider workforce improvement and to declare an emergency.

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

HB 1201: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding planning and zoning.

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

HB 1218: FOR AN ACT ENTITLED, An Act to create certain funding for education in South Dakota.

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

HB 1228: FOR AN ACT ENTITLED, An Act to establish an obligation recovery center.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1146: FOR AN ACT ENTITLED, An Act to limit who may request to see a person's hunting or fishing license.

Was read the second time.

The question being "Shall HB 1146 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1148: FOR AN ACT ENTITLED, An Act to require that the annual report of a school district contain certain information regarding school district fund balances.

Was read the second time.

The question being "Shall HB 1148 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1090: FOR AN ACT ENTITLED, An Act to prohibit a person from serving as a member of a consumers power district board of directors in certain cases.

Was read the second time.

The question being "Shall HB 1090 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 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 second time.

The question being "Shall HB 1106 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1135: FOR AN ACT ENTITLED, An Act to expand certain bonding provisions regarding local government officials and employees.

Was read the second time.

The question being "Shall HB 1135 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1121: FOR AN ACT ENTITLED, An Act to authorize township boards to establish speed zones on township roads.

Was read the second time.

The question being "Shall HB 1121 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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

Was read the second time.

The question being "Shall HB 1102 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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

Was read the second time.

The question being "Shall HB 1151 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1229: FOR AN ACT ENTITLED, An Act to revise provisions related to the release of medical waste.

Was read the second time.

The question being "Shall HB 1229 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding high performance building design and construction standards for newly constructed or renovated state-owned buildings.

Was read the second time.

The question being "Shall HB 1029 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 1105: FOR AN ACT ENTITLED, An Act to provide for an affidavit creating a rebuttable presumption that a person is not an employee for purposes of workers' compensation and to provide a penalty therefor.

Was read the second time.

The question being "Shall HB 1105 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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

Was read the second time.

The question being "Shall HB 1125 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1236: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commissions received by insurance producers.

Was read the second time.

The question being "Shall HB 1236 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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.

HJR 1003: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XIV of the Constitution of the State of South Dakota, relating to the authority of the Board of Regents.

Was read the second time.

The question being "Shall HJR 1003 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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

Sen. Rave moved that HB 1145 be placed to follow 1059 on today's calendar.

Which motion prevailed.

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 second time.

The question being "Shall HB 1079 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 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 second time.

The question being "Shall HB 1060 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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.

HB 1189: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

Was read the second time.

The question being "Shall HB 1189 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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.

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

Was read the second time.

The question being "Shall HB 1101 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Omdahl

Excused:
Curd

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 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of certain money lending activities.

Was read the second time.

The question being "Shall HB 1027 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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

Was read the second time.

The question being "Shall HB 1081 pass as amended?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Greenfield (Brock); Haggar (Jenna); Peters

Excused:
Curd

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 1089: FOR AN ACT ENTITLED, An Act to ban the practice of female genital mutilation in the state, to provide a penalty therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1089 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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.

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 second time.

The question being "Shall HB 1130 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

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

Nays:
Buhl O'Donnell; Parsley; Peters; Soholt; Tidemann

Excused:
Curd

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 1043: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Department of Education.

Was read the second time.

The question being "Shall HB 1043 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Curd

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 HB 1013, 1080, 1058, 1059, and 1145 be deferred to Friday, February 27, the 29^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1055: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary statutes and administrative rules related to the Department of Agriculture.

HB 1113: FOR AN ACT ENTITLED, An Act to repeal and revise certain motor vehicle and boat damage and salvage disclosure requirements.

And signed the same in the presence of the Senate.

Sen. Hunhoff (Bernie) moved that the Senate do now adjourn, which motion prevailed and at 3:25 p.m. the Senate adjourned.

Kay Johnson, Secretary