JOURNAL OF THE SENATE

NINETIETH SESSION




TWENTY-NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 27, 2015

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

    The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate pages Karissa Guthrie and Marcus Ireland.

    Roll Call: All members present except Sens. Frerichs, Heineman (Phyllis), and Novstrup (David) 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 twenty-eighth 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 26, 2015

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 26, 2015, I approved Senate Bill 107, 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 the Office of Engrossing and Enrolling has carefully compared SB 8, 9, 10, 29, 38, 57, 75, 76, 80, 90, and 93 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1002, 1042, 1047, 1048, and 1050 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1139 and 1165 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 HB 1030 and 1124 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1031 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 the nomination of Darin Bergquist of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Transportation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1177 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 HB 1064 and 1144 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 State Affairs respectfully reports that it has had under consideration the nomination of Tom Jones of Turner County, Viborg, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.


Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Steve Emery of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tribal Affairs and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of James Hagen of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism 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.

Respectfully submitted,
Tim Rave, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SCR 7 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1009 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 8, 9, 10, 29, 38, 57, 75, 76, 80, 90, and 93 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 6: A CONCURRENT RESOLUTION, to direct the Department of Education to ensure South Dakota students are well-versed in civics and government.


    Was read the second time.

    Sen. Soholt moved that SCR 6 as found on page 392 of the Senate Journal be adopted.

    The question being on Sen. Soholt's motion that SCR 6 be adopted.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

    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 second time.

    Sen. Rampelberg moved that the Senate do concur in HCR 1007 as found on page 492 of the House Journal.

    The question being on Sen. Rampelberg's motion that HCR 1007 be concurred in.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)


    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

    Sen. Rave moved that HCR 1008 be deferred to Tuesday, March 3, the 30th legislative day.

    Which motion prevailed.

    HCR 1009: A CONCURRENT RESOLUTION, Designating 2015 as the "Year of Remembrance for the Centennial Since the Commencement of the Armenian Genocide of 1915-1923" in South Dakota and urging Congress and the President of the United States to formally and consistently recognize and reaffirm the historical truth that the atrocities committed against the Armenian, Greek, and other Christians living in their historical homelands in Anatolia constituted genocide and to work towards equitable, stable, and durable Armenian-Turkish relations and a fair, just, and comprehensive international resolution of this crime against humanity.

    Was read the first time, the President waived the referral to committee, and placed HCR 1009 on the calendar of Tuesday, March 3, the 30th legislative day.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    The following bill was read on February 26, 2015, and today the President Pro tempore assigned this bill to committee.

    HB 1153 was referred to the Committee on State Affairs.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Melody Schopp of Perkins County, Meadow, South Dakota, to the position of Secretary of Education.

    The question being "Does the Senate advise and consent to the executive reappointment of Melody Schopp pursuant to the executive message as found on page 430 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0


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

    Nays:
Jensen (Phil)

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Krista Heeren-Graber to the S.D. Interstate Compact for Adult Offender Supervision.

    The question being "Does the Senate advise and consent to the executive reappointment of Krista Heeren-Graber pursuant to the executive message as found on page 402 of the Senate Journal?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

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

    The Senate proceeded to the consideration of the executive appointment of Myron L. Rau to the S.D. Board of Pardons and Paroles.

    The question being "Does the Senate advise and consent to the executive appointment of Myron L. Rau pursuant to the executive message as found on page 402 of the Senate Journal?"

    And the roll being called:



    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

    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 ITEMS

    HB 1122: FOR AN ACT ENTITLED, An Act to authorize township boards to designate certain roads as no maintenance roads.

    Was read the second time.

    The question being "Shall HB 1122 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

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

    Was read the second time.

    The question being "Shall HB 1097 pass?"



    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

    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 1100: FOR AN ACT ENTITLED, An Act to clarify how a vacancy on a school board is filled.

    Was read the second time.

    The question being "Shall HB 1100 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

    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 1137: FOR AN ACT ENTITLED, An Act to exclude the passing time between classes in the number of hours required in the school term for secondary students.

    Was read the second time.

    The question being "Shall HB 1137 pass?"


    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heineman (Phyllis); Novstrup (David)

    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 1072, 1073, 1128, 1134, 1013, 1080, 1058, 1059, and 1145 be deferred to Tuesday, March 3, the 30th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 8: FOR AN ACT ENTITLED, An Act to exempt certain transactions entered into by the State Investment Council and Division of Investment from certain procurement requirements.

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

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

    SB 29: FOR AN ACT ENTITLED, An Act to establish provisions for auxiliary members to serve on the Board of Pardons and Paroles.

    SB 38: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the state communications system and the South Dakota law enforcement telecommunications system.

    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.


    SB 75: FOR AN ACT ENTITLED, An Act to revise the effective period of the travel permit for certain livestock used for rodeo purposes and to declare an emergency.

    SB 76: FOR AN ACT ENTITLED, An Act to extend the length of time a local livestock ownership inspection certificate is valid for transportation.

    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.

    SB 90: FOR AN ACT ENTITLED, An Act to require school districts to provide veterans a preference in employment.

    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.

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

    HB 1066: FOR AN ACT ENTITLED, An Act to clarify that the required notice requirements related to continuing contracts do not apply to employees of postsecondary technical institutes.

    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.

    HB 1217: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the James River Water Development District.

    And signed the same in the presence of the Senate.

    Sen. Greenfield (Brock) moved that the Senate do now adjourn, which motion prevailed and at 1:44 p.m. the Senate adjourned.

Kay Johnson, Secretary