JOURNAL OF THE SENATE

NINETIETH SESSION



THIRTY-FIRST DAY



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

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

    The prayer was offered by the Chaplain, Rev. Josh Baumann, followed by the Pledge of Allegiance led by Senate pages Emalee Larson and Bridget Redder.

    Roll Call: All members present except Sens. Otten (Ernie) and Jensen (Phil) 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 thirtieth 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 24, 30, 37, 41, 45, 47, 49, 63, 81, 94, 113, 118, and 128 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 8, 9, 10, 29, 38, 57, 75, 76, 80, 90, and 93 were delivered to his Excellency, the Governor, for his approval at 11:20 a.m., March 4, 2015.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1021, 1022, 1147, and 1179 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 the nomination of Laurie Gill of Pierre, South Dakota, as the Commissioner of Human Resources 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,
Deb Peters, Chair

Also MR. PRESIDENT:

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

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1194 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 Local Government respectfully reports that it has had under consideration HB 1083 which was deferred to the 41st 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 the nomination of Gloria Pearson of Yankton County, Yankton, South Dakota, to the position of Secretary of the Department of Human Services, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration the nomination of Lynne Valenti of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Social Services, and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1230 which was tabled.

Respectfully submitted,
Bruce Rampelberg, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1020 and returns the same with the recommendation that said bill do pass.


Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Jeffery D. Burket of Lawrence County, Spearfish, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Jerry Cope of Pennington County, Rapid City, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Harlan J. Quenzer of Davison County, Mitchell, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Todd Yeaton of Brule County, Kimball, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Carl Anderson of Brown County, Aberdeen, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Sheldon E. Cotton of Brookings County, Volga, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Gary Doering of Beadle County, Cavour, South Dakota, to the South Dakota State Railroad Board 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,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1005 and HB 1169, 1170, 1171, and 1176 and returns the same with the recommendation that said bills and resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kimberley Malsam-Rysdon of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health 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 Major General Timothy A. Reisch of Miner County, Howard, South Dakota, to the position of Adjutant General 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 State Affairs respectfully reports that it has had under consideration the nomination of Larry Zimmerman of Pennington County, Rapid City, South Dakota, to the position of Secretary of the Department of Veterans Affairs 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 SB 43 and 48 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 24, 30, 37, 41, 45, 47, 49, 63, 81, 94, 113, 118, and 128 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 8 in which the House has concurred.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    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 second time.

    Sen. Heinert moved that the Senate do concur in HCR 1008 as found on page 493 of the House Journal.

    The question being on Sen. Heinert's motion that HCR 1008 be concurred in.

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

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

    Nays:
Ewing; Omdahl

    Excused:
Jensen (Phil); Otten (Ernie)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

    Sen. Rave moved that HB 1049, 1059, 1047, and 1128 be placed to follow HB 1080 on today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce and Energy on HB 1103 as found on page 558 of the Senate Journal; also

    Appropriations on HB 1190 as found on page 556 of the Senate Journal; also

    Appropriations on HB 1191 as found on page 557 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS CONSENT CALENDAR

    The Senate proceeded to the consideration of the executive reappointment of Lucas Lentsch of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Agriculture.

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

    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); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Otten (Ernie)

    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 reappointment of David Emery of Pennington County, Rapid City, South Dakota, to the S.D. Ellsworth Development Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of David Emery pursuant to the executive message as found on page 442 of the Senate Journal?"

    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); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Otten (Ernie)

    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 reappointment of Pat Costello of Lincoln County, Sioux Falls, South Dakota, as the Commissioner of the Governor's Office of Economic Development.

    The question being "Does the Senate advise and consent to the executive reappointment of Pat Costello pursuant to the executive message as found on page 426 of the Senate Journal?"

    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); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Otten (Ernie)

    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 reappointment of Marcia Hultman of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Labor and Regulation.

    The question being "Does the Senate advise and consent to the executive reappointment of Marcia Hultman pursuant to the executive message as found on page 427 of the Senate Journal?"

    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); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Otten (Ernie)

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

SECOND READING OF CONSENT CALENDAR BILLS AND RESOLUTIONS

    HB 1082: FOR AN ACT ENTITLED, An Act to allow a law enforcement officer to issue a citation without a notary.

    Was read the second time.

    The question being "Shall HB 1082 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); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Otten (Ernie)

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

    Was read the second time.

1201jb

    Sen. Cammack moved that HB 1201 be amended as follows:

    On page 3, line 10, of the House engrossed bill, delete "shall" and insert "may".

    Which motion prevailed.

    The question being "Shall HB 1201 pass as amended?"

    And the roll being called:

    Yeas 22, Nays 11, Excused 2, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Haverly; Heineman (Phyllis); Holien; Lederman; Monroe; Novstrup (David); Olson; Omdahl; Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Frerichs; Greenfield (Brock); Haggar (Jenna); Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton; Van Gerpen

    Excused:
Jensen (Phil); Otten (Ernie)

    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 1142: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the age requirements for sex offender registry registration.

    Was read the second time.

    The question being "Shall HB 1142 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Jensen (Phil); Novstrup (David); Otten (Ernie)

    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 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability of parties involved in frivolous or malicious civil actions.

    Was read the second time.

    The question being "Shall HB 1173 pass as amended?"


    And the roll being called:

    Yeas 28, Nays 4, Excused 3, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Lederman; Monroe; Olson; Omdahl; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Heinert; Hunhoff (Bernie); Parsley; Sutton

    Excused:
Jensen (Phil); Novstrup (David); Otten (Ernie)

    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 1145: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of salary and compensation to legislators.

    Was read the second time.

1145oa

    Sen. Brown moved that HB 1145 be amended as follows:

    On page 1, line 6, of the printed bill, delete "attending the inauguration of constitutional" and insert "taking the oath of office,".

    On page 1, line 7, delete "officers,".

    On page 2, line 1, delete "inauguration of constitutional officers" and insert "taking of the oath of office".

    Which motion prevailed.

    The question being "Shall HB 1145 pass as amended?"

    And the roll being called:

    Yeas 22, Nays 10, Excused 3, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Lederman; Monroe; Olson; Omdahl; Peters; Rampelberg; Rave; Rusch; Soholt; Solano; Tidemann; Tieszen

    Nays:
Bradford; Buhl O'Donnell; Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Novstrup (David); Otten (Ernie)

    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 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 second time.

    Sen. Rave moved that HB 1002 be laid on the table.

    The question being on Sen. Rave's motion that HB 1002 be laid on the table.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Jensen (Phil); Novstrup (David); Otten (Ernie)

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

    HB 1080: FOR AN ACT ENTITLED, An Act to authorize the use of investigational treatments for patients under certain conditions and to restrict certain causes of action arising from investigational treatment.

    Was read the second time.

1080jb

    Sen. Curd moved that HB 1080 be amended as follows:

    On page 2, line 14, of the House engrossed bill, after "minor," insert "or substitute informed consent from an appointed guardian, an attorney-in-fact, or a person with authority pursuant to chapter 34-12C, if the patient is incapacitated as defined in § 34-12C-1,".

    Which motion prevailed.

    The question being "Shall HB 1080 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; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Lederman; Monroe; Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Jensen (Phil); Novstrup (David); Otten (Ernie)

    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 1049, 1059, 1047, and 1128 be deferred to Thursday, March 5, the 32nd legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    SB 24: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish buildings on the campus of South Dakota State University and to make an appropriation therefor.

    SB 30: FOR AN ACT ENTITLED, An Act to revise the review process for rate and policy form filing denials for insurers.

    SB 37: FOR AN ACT ENTITLED, An Act to adopt the 2008 Uniform Interstate Family Support Act, to repeal the 1996 Uniform Interstate Family Support Act, and to revise certain provisions relating thereto.

    SB 41: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to commercial driver licensing.

    SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale of unpasteurized raw milk.

    SB 47: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    SB 49: FOR AN ACT ENTITLED, An Act to authorize the Department of Game, Fish and Parks to sell a portion of railway right-of-way to the City of Deadwood.

    SB 63: FOR AN ACT ENTITLED, An Act to adopt the Interstate Medical Licensure Compact.

    SB 81: FOR AN ACT ENTITLED, An Act to require persons convicted of driving a vehicle while under influence of alcohol, drugs, or intoxicants to pay certain costs to the county.

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

    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.

    SB 118: FOR AN ACT ENTITLED, An Act to provide additional transparency for prescription drug plans.

    SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the general requirements that vehicle owners must satisfy before applying for military plates.

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

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

    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.

    And signed the same in the presence of the Senate.

    Sen. Tieszen moved that the Senate do now adjourn, which motion prevailed and at 3:47 p.m. the Senate adjourned.

Kay Johnson, Secretary