JOURNAL OF THE SENATE

NINETY-FIRST SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 12, 2016

    BE IT REMEMBERED, That on the twelfth day of January, A.D., two thousand sixteen, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota, for the convening of the Legislature, the Ninety-first regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Matt Michels in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Larry Cass, Pierre/Ft. Pierre Ministerial Association:

    God of the ages, these senators are starting a new work with this first day of the 2016 Legislative Session. We are thankful for the variety of skills, ideas and dreams that each senator brings to this body.

    My prayer is that as they begin the work to be accomplished, the final outcome will be the best for this state and all of its constituents.

    On the first day of session, may God bless each and every senator and all who will be presenting to this body during the next thirty-eight days.

    God be with each of you. Amen.

    The Pledge of Allegiance to the flag of the United States was led by Senate page Steven Diaconu.

    Unless there is an objection, we will place the Secretary of State's certification of members of the Senate for the 2016 Legislative Session in the record without reading,

    Hearing no objections, certification is submitted.


    I, SHANTEL KREBS, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 4, 2014, are hereby certified as members of the Senate of the 2015-2016 Legislative Sessions:

District No.  1    Brown, Day, Marshall and Roberts Counties
            Jason E. Frerichs, Wilmot

District No.  2    Brown, Clark, Hamlin and Spink Counties
            Brock L. Greenfield, Clark

District No.  3    Brown County
            David Novstrup, Aberdeen

District No.  4    Brookings, Codington, Deuel and Grant Counties
            Jim Peterson, Revillo

District No.  5    Codington County
            Ried Holien, Watertown

District No.  6    Lincoln County
            Ernie Otten, Tea

District No.  7    Brookings County
            Larry Tidemann, Brookings

District No. 8    Lake, Miner, Moody and Sanborn Counties
            Scott Parsley, Madison

District No.  9    Minnehaha County
            Deb Peters, Hartford

District No. 10 Minnehaha County
             Jenna Haggar, Sioux Falls

District No. 11 Minnehaha County
             David M. Omdahl, Sioux Falls

District No. 12 Lincoln and Minnehaha Counties
             Blake Curd, Sioux Falls

District No. 13 Lincoln and Minnehaha Counties
             Phyllis M. Heineman, Sioux Falls

District No. 14 Minnehaha County
             Deb Soholt, Sioux Falls


District No. 15 Minnehaha County
             Angie Buhl O'Donnell, Sioux Falls

District No. 17 Clay and Turner Counties
             Arthur L. Rusch, Vermillion

District No. 18 Yankton County
             Bernie Hunhoff, Yankton

District No. 19 Bon Homme, Douglas, Hanson, Hutchinson and McCook Counties
             Bill L. Van Gerpen, Tyndall

District No. 20 Aurora, Davison and Jerauld Counties
             Mike Vehle, Mitchell

District No. 21 Bon Homme, Charles Mix, Gregory and Tripp Counties
             Billie H. Sutton, Burke

District No. 22 Beadle and Kingsbury Counties
             Jim White, Huron

        District No. 23 Campbell, Edmunds, Faulk, Hand, McPherson, Potter, Spink and Walworth
Counties
             Corey Brown, Gettysburg

District No. 24 Hughes, Hyde, Stanley and Sully Counties
             Jeff Monroe, Pierre

District No. 26 Brule, Buffalo, Jones, Lyman, Mellette and Todd Counties
             Troy E. Heinert, Mission

District No. 27 Bennett, Haakon, Jackson, Oglala Lakota and Pennington Counties
             Jim Bradford, Pine Ridge

District No. 28 Butte, Corson, Dewey, Harding, Perkins and Ziebach Counties
              Betty Olson, Prairie City

District No. 29 Butte, Meade and Pennington Counties
             Gary L. Cammack, Union Center

District No. 30 Custer, Fall River and Pennington Counties
             Bruce Rampelberg, Rapid City

District No. 31 Lawrence County
             Bob Ewing, Spearfish

District No. 32 Pennington County
             Alan D. Solano, Rapid City



District No. 33 Meade and Pennington Counties
             Phil Jensen, Rapid City

District No. 34 Pennington County
             Craig Tieszen, Rapid City

District No. 35 Pennington County
             Terri Haverly, Rapid City

I further testify that the following have been appointed by the Honorable Dennis Daugaard, Governor of the state of South Dakota:

District No. 16 Lincoln and Union Counties
             William Shorma, Dakota Dunes, appointed May 1, 2015, to fill the unexpired term of Dan Lederman.

District No. 25 Minnehaha County
             Scott Fiegen, Dell Rapids, appointed May 8, 2015, to fill the unexpired term of Tim Rave.

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 12th day of January, 2016.

(SEAL)                                         Shantel Krebs
Secretary of State

    The oath of office was administered to Senator Scott Fiegen on May 9, 2015 by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

    The oath of office was administered to Senator William J. Shorma on May 9, 2015 by the Honorable David Gilbertson, Chief Justice of the Supreme Court of the state of South Dakota.

Roll Call: All members present except Sens. Frerichs and Rampelberg.

MOTIONS AND RESOLUTIONS


    Sen. Brown moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Brown moved that Sen. Gary Cammack be elected President Pro tempore of the Senate for the Ninety-first Legislative Session.


    The question being on Sen. Brown's motion that Sen. Cammack be elected President Pro tempore of the Senate of the Ninety-first Legislative Session.

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Ewing; Jensen (Phil); Omdahl; Van Gerpen

    Excused:
Frerichs; Rampelberg

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

    The oath of office was administered by the Honorable Janine M. Kern, Justice
of the Supreme Court of the State of South Dakota, to President Pro tempore Sen. Cammack.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Sen. Brown moved that Kay Johnson be elected Secretary of the Senate for the Ninety-first Legislative Session.

    The question being on Sen. Brown's motion that Kay Johnson be elected Secretary of the Senate for the Ninety-first Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Frerichs; Rampelberg


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

    The oath of office was administered by the Honorable Janine M. Kern, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Kay Johnson.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Unless there is an objection, we will waive the reading of the appointments of the employees of the Senate for the Ninety-first Legislative Session.

    Hearing no objection, the reading was waived.

    The President announced the appointment of the following named persons as employees of the Senate for the Ninety-first Legislative Session:

    First Assistant to the Secretary _ Judy Rapp

    Second Assistant to the Secretary _ Jill Wellhouse

    Third Assistant to the Secretary _ Beverly Ingle

    Secretary to the President Pro Tempore _ Rena Ortbahn

    Secretary to the Majority Leader _ Christina Quiett

    Secretary to the Minority Leader _ Kim Forgey

    Appropriations Secretary _ Barbara Bjorneberg

            Committee Secretaries _ Lois Henry, Mary Kirk, Mona Oehlerking, Marilyn Seymour

    Sergeant at Arms _ Dave Bonde

    Assistant Sergeants at Arms _ Tom Dravland, Gary Hoscheid

                    Pages (1st term) _ Steven Diaconu, Erin Haase, Erica Kitchenmaster, Hannah Lopes, Alexis McCarvel, Sarah McClure, Ben Williams, Jessica Zempel

                    Pages (2nd term) _ Ruth Burkhalter, Hannah Cleveland, Mallory Gauer, Hannah Gruenwald, Alexendra Hansen, Layne Hohn, Rylee Homandberg, Kathryn Paulson, Elizabeth Petersen, Molly Walker

                    Pages (3rd term) _ Katherine Bogue, Ryder Heitz, Grace Jensen, Jessica Johnson, Haley Ketteler, Emily Schmitz, Autumn Simon, Lacy Steiger, Melissa Wollman


                    Pages (4th term) _ Kallie Carey, John Eilertson, Joanna Hancock, Trey Jones, Kassidy Kitzmiller, Lynsey Klunder, Shale Kramme, Zachary Renshaw, Andrew Silva, Megan Simon, Joshua Weinheimer

                    Pages (5th term) _ Marissa Cruse, Alicia Hanson, Tea Hill, Kayli Kjerstad, Jackson Neal, Shauna Pauli, Ryan Solberg, Lauren Soulek, Rebekah Tuchscherer

                    Legislative Interns _ Catherine Dougherty, Matilyn Kerr, Jamie Mundwiler, Thea Rave, Michael Schliewe, Jacob Sutton, Taige Tople, Thayme Watson, Jonathan Wieger

    Legislative Aide _ Ciaran Glynn

    The oath of office was administered by the Honorable Janine M. Kern, Justice of the Supreme Court of the State of South Dakota, to the following named employees:

    First Assistant to the Secretary _ Judy Rapp

    Second Assistant to the Secretary _ Jill Wellhouse

    Third Assistant to the Secretary _ Beverly Ingle

    Secretary to the President Pro Tempore _ Rena Ortbahn

    Secretary to the Majority Leader _ Christina Quiett

    Secretary to the Minority Leader _ Kim Forgey

    Appropriations Secretary _ Barbara Bjorneberg

            Committee Secretaries _ Lois Henry, Mary Kirk, Mona Oehlerking, Marilyn Seymour

    Sergeant at Arms _ Dave Bonde

    Assistant Sergeants at Arms _ Tom Dravland, Gary Hoscheid

            Pages (1st term) _ Steven Diaconu, Erin Haase, Erica Kitchenmaster, Hannah Lopes, Alexis McCarvel, Sarah McClure, Ben Williams, Jessica Zempel

            Legislative Interns _ Catherine Dougherty, Matilyn Kerr, Jamie Mundwiler, Thea Rave, Michael Schliewe, Jacob Sutton, Taige Tople, Thayme Watson, Jonathan Wieger

    Legislative Aide _ Ciaran Glynn

    Which was subscribed to and placed on file in the office of the Secretary of State.


    Sen. Brown moved that the permanent joint rules and the permanent Senate rules of the Ninetieth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Ninety-first Legislative Session.

    The question being on Sen. Brown's motion that the permanent joint rules and the permanent Senate rules of the Ninetieth Legislative Session be adopted as the temporary joint rules and temporary Senate rules for the Ninety-first Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Frerichs; Rampelberg

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

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for a Joint Session of the two houses to receive the message of the Governor.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Sutton.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Sutton.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to the Joint Rules for the Ninety-first Legislative Session.


    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Sutton.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and the House.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Sutton.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the Senate and House for the Ninety-first Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Sutton.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals, and bills and other legislative printing for the two houses and the state offices, with the full power to act.

    Which motion prevailed and the President announced as such committee Sens. White, Holien, and Heinert.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to securing chaplains for the Ninety-first Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Van Gerpen, Cammack, and Parsley.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a committee of four on the part of the House for the purpose of arranging a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President announced as such committee Sens. Vehle, Heineman, and Bradford.



    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for a Joint Session of the Senate and House of Representatives to receive a message from the Honorable David Gilbertson, Chief Justice of the Supreme Court.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Sutton.

    Sen. Brown moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to make arrangements for the Joint Session to hear the message from a Tribal Chairman on the state of the Tribes.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Brown, and Heinert.

    Sen. Brown moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Wednesday, January 13, the 2nd legislative day.

    Which motion prevailed.

    Unless there is an objection, we will waive the reading of the President's Appointment of Standing Committees.

    Hearing no objection, the reading was waived.

    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)

** Cammack, *Olson, Ewing, Jensen (Phil), Rampelberg, Rusch, Vehle, Frerichs, Petersen (Jim)

Appropriations (9)
**Peters, *Tidemann, Haverly, Heineman (Phyllis), Omdahl, Van Gerpen, White, Buhl O'Donnell, Parsley

    Commerce and Energy (7)
**Curd, *Greenfield (Brock), Hagger (Jenna), Novstrup (David), Shorma, Bradford, Sutton

     Education (7)
**Soholt, *Solano, Curd, Greenfield (Brock), Rampelberg, Frerichs, Hunhoff (Bernie)


     Government Operations and Audit (5)
**Tidemann, *Heineman (Phyllis), Novstrup (David), Peters, Sutton

Health and Human Services (7)
**Rampelberg, *Rusch, Curd, Jensen (Phil), Shorma, Bradford, Heinert

    Judiciary (7)
**Tieszen, *Novstrup (David), Monroe, Rusch, Vehle, Bradford, Heinert

     Legislative Procedure (7)
**Cammack, *Heineman (Phyllis), Brown, Holien, Soholt, Frerichs, Sutton

     Local Government (7)
**Ewing, *Holien, Fiegan, Hagger (Jenna), Olson, Heinert, Sutton

     Retirement Laws (5)
**Rampelberg, *Jensen (Phil), Tidemann, Hunhoff (Bernie), Petersen (Jim)

    State Affairs (9)
**Cammack, *Solano, Brown, Holien, Otten (Ernie), Soholt, Tieszen, Hunhoff (Bernie), Sutton
Taxation (7)
**Monroe, *Greenfield (Brock), Ewing, Fiegen, Hagger (Jenna), Frerichs, Petersen (Jim)

     Transportation (7)
**Vehle, *Monroe, Otten (Ernie), Shorma, Solano, Hunhoff (Bernie), Petersen (Jim)


REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Gary Cammack
Steve Westra    Corey Brown
Julie Bartling    Billie Sutton
House Committee    Senate Committee

    Sen. Brown moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make be adopted.



    Which motion prevailed.

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 12, 2016.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved.

    That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Gary Cammack
Steve Westra    Corey Brown
Julie Bartling    Billie Sutton
House Committee    Senate Committee

    Sen. Brown moved that the report of the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive the message of the Governor be adopted.

    Which motion prevailed.


Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 13, 2016.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.


    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Chief Justice has been received, the Joint Session be dissolved.

    That the message of the Chief Justice be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Gary Cammack
Steve Westra    Corey Brown
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

    Sen. Brown moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive a message from the Chief Justice of the Supreme Court be adopted.

    Which motion prevailed.

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the State of the Tribes from a Tribal Chairman, respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 14, 2016.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Tribal Chairman has been received, the Joint Session be dissolved.

    That the message of the Tribal Chairman be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Brian Gosch    Gary Cammack
Steve Westra    Corey Brown
Spencer Hawley    Troy Heinert
House Committee    Senate Committee


    Sen. Brown moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the State of the Tribes message from a Tribal Chairman be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 1 Introduced by: Senators Brown, Cammack, Heineman (Phyllis), Omdahl, Parsley, Sutton, and White and Representatives Wink, Bolin, Gosch, Haggar (Don), Hawley, Hunt, Johns, and Romkema at the request of the Executive Board

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Executive Board of the Legislative Research Council.

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

    SB 2 Introduced by: Senators Ewing, Haggar (Jenna), Peterson (Jim), and Vehle and Representatives Heinemann (Leslie), Conzet, Duvall, Feickert, Klumb, May, and Schaefer at the request of the Interim Committee on County Government

    FOR AN ACT ENTITLED, An Act to revise the distribution of the revenue from the alcoholic beverage fund.

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

    SB 3 Introduced by: Senators Tidemann, Cammack, Peterson (Jim), and Sutton and Representatives Qualm, Bartling, Duvall, and Feickert at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to revise the income criteria for determining if property is classified as agricultural land for property tax purposes.

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

    SB 4 Introduced by: Senators Peterson (Jim), Cammack, Sutton, and Tidemann and Representatives Duvall, Bartling, Feickert, and Qualm at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural land as noncropland.


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

    SB 5 Introduced by: Senators Peters, Buhl O'Donnell, and Otten (Ernie) and Representatives Otten (Herman), Bolin, and Soli at the request of the School District Boundary Task Force

    FOR AN ACT ENTITLED, An Act to revise the procedure to initiate a school district boundary change.

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

    SB 6 Introduced by: The Committee on State Affairs at the request of the Bureau of Administration

    FOR AN ACT ENTITLED, An Act to revise certain performance security requirements for public improvement contracts.

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

    SB 7 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

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

    SB 8 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background investigations for prospective employees of the postsecondary technical institutes and to transfer certain funds regarding postsecondary technical credentialing.

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

    SB 9 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to make an appropriation to fund the Native American achievement schools grant program and paraprofessional tuition assistance scholarship program and to declare an emergency.



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

    SB 10 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the renovation and construction of an addition to Harding Hall on the campus of South Dakota State University and to make an appropriation therefor.

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

    SB 11 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase land from the Dakota State University Foundation for the use and benefit of Dakota State University in Madison, to make an appropriation therefor, and to declare an emergency.

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

    SB 12 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell certain extraneous real property in Brookings County and to deposit the proceeds with the state treasurer to be credited to a fund designated as the real property acquisition and capital improvement fund for South Dakota State University.

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

    SB 13 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to establish a new retirement benefit structure for certain public employees who are members of the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    SB 14 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise certain administrative provisions and repeal certain obsolete provisions concerning the South Dakota Retirement System.



    Was read the first time and referred to the Committee on Retirement Laws.

    SB 15 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the membership of the South Dakota Investment Council.

    Was read the first time and referred to the Committee on Retirement Laws.

    SB 16 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to increase fees for nursery inspection and to declare an emergency.

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

    SB 17 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

    SB 18 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    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.

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

    SB 19 Introduced by: The Committee on Judiciary at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to revise certain mandatory reporting requirements for elder and disabled adult abuse and neglect.

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



    SB 20 Introduced by: The Committee on Health and Human Services at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to behavioral health.

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

    SB 21 Introduced by: Senators Soholt, Haggar (Jenna), and Solano and Representatives Rozum and Gibson at the request of the Jolene's Law Task Force

    FOR AN ACT ENTITLED, An Act to define a child advocacy center for the purpose of addressing child maltreatment.

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

    SB 22 Introduced by: Senators Soholt, Haggar (Jenna), and Solano and Representatives Rozum and Gibson at the request of the Jolene's Law Task Force

    FOR AN ACT ENTITLED, An Act to add emergency medical responders to the list of mandatory reporters, and to update cross references in the section.

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

    SB 23 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Commissioner of School and Public Lands

    FOR AN ACT ENTITLED, An Act to extend the time allowed for conditional land exchanges.

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

    SB 24 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to provide a penalty therefor.

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


    SB 25 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning forfeiture of property interests of persons convicted of certain crimes.

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

    SB 26 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning sex offender registration and to require an offender to notify of intended foreign travel.

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

    SB 27 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to revise certain personnel requirements for ambulance services and to repeal the hardship exemption.

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

    SB 28 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to require meningococcal immunization for school entry.

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

    SB 29 Introduced by: The Committee on Health and Human Services at the request of the Board of Nursing

    FOR AN ACT ENTITLED, An Act to update the nurse practice act and to adopt a new Interstate Nurse Licensure Compact.

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


    SB 30 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to provide that Department of Corrections employees are excluded from concealed weapons permit requirements when on duty and acting under the color of authority.

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

    SB 31 Introduced by: The Committee on Judiciary at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sentencing and supervision of prison inmates and parolees with suspended sentences.

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

    SB 32 Introduced by: Senator Rusch and Representative Gosch at the request of the Code Commission

    FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2015.

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

    SB 33 Introduced by: The Committee on Judiciary at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding chemical testing and revocations of driver licenses for persons under the age of twenty-one.

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

    SB 34 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the chemical testing of commercial drivers.

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


    SB 35 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

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

    SB 36 Introduced by: The Committee on Appropriations at the request of the Office of the Secretary of State

    FOR AN ACT ENTITLED, An Act to revise certain fees and the allocation of fees collected by the secretary of state, to make an appropriation therefor, and to declare an emergency.

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

    SB 37 Introduced by: The Committee on Commerce and Energy at the request of the State Plumbing Commission

    FOR AN ACT ENTITLED, An Act to adopt the 2015 edition of the Uniform Plumbing Code.

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

    SB 38 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning bail bondspersons.

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

    SB 39 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning fees for sponsored captive insurance companies.

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


    SB 40 Introduced by: The Committee on Commerce and Energy at the request of the Board of Technical Professions

    FOR AN ACT ENTITLED, An Act to revise signature and seal requirements for the Board of Technical Professions.

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

    SB 41 Introduced by: The Committee on Commerce and Energy at the request of the Board of Technical Professions

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to the Board of Technical Professions.

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

    SB 42 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to increase certain fees for boxing, kickboxing, and mixed martial arts competitions.

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

    SB 43 Introduced by: The Committee on Appropriations at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to increase the unemployment insurance penalty for failure to pay contributions or make reports.

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

    SB 44 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to classify vehicular homicide as a crime of violence.

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


    SB 45 Introduced by: The Committee on State Affairs at the request of the Governor's Office of Economic Development

    FOR AN ACT ENTITLED, An Act to revise certain provisions of the building South Dakota fund programs.

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

    SB 46 Introduced by: The Committee on Appropriations at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise the notice filing fee for open-end management companies from a variable level tiered structure to a flat fixed fee.

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

    SB 47 Introduced by: The Committee on Appropriations at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to reduce the unemployment contribution rates for certain employers and to provide for an unemployment insurance administrative fee.

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

    SB 48 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016.

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

    SB 49 Introduced by: The Committee on Appropriations at the request of the Office of the Secretary of State

    FOR AN ACT ENTITLED, An Act to revise certain fees collected by the secretary of state, to revise the allocation of fees, to make an appropriation for an online business registration and filing system, and to declare an emergency.

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


    SB 50 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the allocation of certain fees collected by the Department of Corrections.

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

    SB 51 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the use tax.

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

    SB 52 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to establish procedures for reporting federal tax changes for purposes of the bank franchise tax.

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

    SB 53 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the bank franchise tax.

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

    Sen. White moved that the Senate do now adjourn, which motion prevailed and at 12:42 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.


    The following prayer was delivered by Pastor Sarah Goldammer, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

    Let us pray:

    Creator God, You created the world, and You guide and govern everything with order and love. Continue to look upon the Governor of South Dakota and fill him with the spirit of Your wisdom. We pray that He may execute the laws with justice and mercy.

    In the same way we ask that You look upon the men and women who are gathered here as representatives of the people. As they come with their hopes and concerns, may they always act in accordance with Your will and their decisions be for the peace and well-being of all.

    We pray for our judges, elected civil officials, and others who are entrusted to guard our political welfare. We ask that You would impart Your wisdom and strength upon them so that their actions and duties be carried out with honesty and ability.

    We also ask that You be with the citizens of South Dakota, that they would know You, Your peace, and enjoy all the blessings of this life. In Your name we pray. Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Greenfield, Brock; Haggar, Jenna; Haverly; Heineman, Phyllis; Heinert; Holien; Hunhoff, Bernie; Jensen, Phil; Monroe; Novstrup, David; Olson; Omdahl; Otten, Ernie; Parsley; Peters; Peterson, Jim; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White.

    The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:

Anderson; Bartling; Beal; Bolin; Brunner; Campbell; Conzet; Craig; Cronin; Deutsch; DiSanto; Dryden; Duvall; Feickert; Gibson; Gosch; Greenfield, Lana; Haggar, Don; Harrison; Haugaard; Hawks; Hawley; Heinemann; Holmes; Hunhoff, Jean; Hunt; Jensen, Alex; Johns; Killer; Kirschman; Klumb; Langer; Latterell; May; McCleerey; Mickelson; Novstrup, Al; Otten, Herman; Partridge; Peterson, Kent; Qualm; Rasmussen; Ring; Romkema; Rounds; Rozum; Russell; Schaefer; Schoenbeck; Schoenfish; Schrempp; Sly; Soli; Solum; Stalzer; Steinhauer; Stevens; Tulson; Verchio; Werner; Westra; Wiik; Willadsen; Wollmann; Zikmund; Speaker Wink.

    Sen. Brown moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Cammack, Brown, and Sutton on the part of the Senate and Reps. Gosch, Westra, Hawley, and Bartling on the part of the House.


    The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the State of the State Address.

    Sen. Brown moved that the Joint Session do now dissolve.

    Which motion prevailed.