JOURNAL OF THE SENATE

NINETY-FIRST SESSION



TWENTY-FIRST DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 16, 2016

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

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate page Emily Schmitz.

    Roll Call: All members present.

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 twentieth 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,
Gary Cammack, Chair

    Which motion prevailed.
HONORED GUEST

    The President introduced United States Congresswoman Kristi Noem to the body who then addressed the members of the Senate.

COMMUNICATIONS AND PETITIONS

January 21, 2016

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

Dear President and Members of the Senate:

    Pursuant to the provisions of 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Patricia White Horse Carda, Charles Mix County, Wagner, South Dakota, to the Board of Pardons and Paroles.

    This appointment is effective immediately, and shall continue until January 21, 2020.

Sincerely,
Dennis Daugaard
Governor

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

February 12, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 12, 2016, I approved Senate Bills 29 and 35, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1013 and 1014 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 SB 129 and returns the same with the recommendation that said bill be amended as follows:

129ra

    On page 1, line 11, of the printed bill, after "." insert "The training required may be accomplished through self-review of suicide prevention materials that meet the guidelines developed by the board.".

129sa

    On page 1, line 11, of the printed bill, after "." insert "The requirement for suicide awareness and prevention training for initial certification or to renew a certificate begins after July 1, 2017.".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 75 and returns the same with the recommendation that said bill be amended as follows:

75ma
    On page 2, line 9, of the printed bill, delete "fifty".

    On page 2, line 10, delete "$250,000" and insert "$200,000".

    On page 2, after line 17, insert:

"    Section 7. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


75mta

    On page 1, line 2, of the printed bill, delete "and".

    On page 1, line 3, after "therefor" insert ", and to declare an emergency".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Co-Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1082 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1010 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 4 which was tabled.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 149 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 142 and HB 1105 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 Judiciary respectfully reports that it has had under consideration SB 97 and returns the same with the recommendation that said bill be amended as follows:

97yb

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

"    Section 1. That chapter 23A-3 be amended by adding a NEW SECTION to read:

    Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after ten years if all court-ordered conditions on the case have been satisfied. However, the case record will remain available to court personnel or as authorized by order of the court."

97ytb

    On page 1, line 1, of the printed bill, after "all" insert "petty offenses, municipal ordinance violations, and".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 140 and returns the same with the recommendation that said bill be amended as follows:

140ya

    On page 3, line 2, of the printed bill, delete "without parole".

140yta

    On page 1, line 1, of the printed bill, delete "without parole".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

1183oa

    On page 1, line 10, of the House Judiciary Committee engrossed bill, before "Any" insert "However, a magistrate court with a magistrate judge presiding may not make any child custody decisions.".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 96 and returns the same with the recommendation that said bill be referred to the Joint Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SJR 3 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1081, 1119, 1163, and 1170 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    HCR 1011: A CONCURRENT RESOLUTION, Opposing the recent actions of the EPA and the President with regards to the Waters of the United States federal rule and applauding the South Dakota congressional delegates who opposed such actions.

    Sen. Cammack moved that the Senate do concur in HCR 1011 as found on page 320 of the House Journal.

    The question being on Sen. Cammack's motion that HCR 1011 be concurred in.

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Heinert; Hunhoff (Bernie); Parsley

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

    HCR 1012: A CONCURRENT RESOLUTION, Requesting the South Dakota congressional delegation to introduce legislation to compensate private landowners for fire damage caused by the United States Forest Service.

    Sen. Olson moved that the Senate do concur in HCR 1012 as found on page 343 of the House Journal.


    The question being on Sen. Olson's motion that HCR 1012 be concurred in.

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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

    Nays:
Tieszen

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1012 was concurred in.

    Sen. Brown moved that SB 96 be referred to the Joint Committee on Appropriations

    Which motion prevailed.

    Sen. Brown moved that HB 1098 be placed to follow 1210 on today's calendar.

    Which motion prevailed.

    Sen. Brown moved that SB 107 and 159 be deferred to Wednesday, February 17th, the 22nd legislative day.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1081: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    HB 1119: FOR AN ACT ENTITLED, An Act to revise the criteria for incorporation of a new municipality.

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

    HB 1163: FOR AN ACT ENTITLED, An Act to revise the periods of time during which veterans may use tuition benefits at institutions under the control of the Board of Regents.

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

    HB 1170: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program and to declare an emergency.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 98: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding pork production.

    Was read the second time.

    The question being "Shall SB 98 pass?"

    And the roll being called:

    Yeas 26, Nays 9, Excused 0, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Fiegen; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle

    Nays:
Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Monroe; Parsley; Peterson (Jim); Sutton; White

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

    SB 136: FOR AN ACT ENTITLED, An Act to permit certain cropland along lakes, rivers, and streams to be assessed as noncropland.

    Was read the second time.

    The question being "Shall SB 136 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    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 1059: FOR AN ACT ENTITLED, An Act to revise provisions related to the garnishment of debts and property.

    Was read the second time.

    The question being "Shall HB 1059 pass as amended?"

    And the roll being called:

    Yeas 27, Nays 8, Excused 0, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Sutton

    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 1210: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding on-sale alcoholic beverage licenses for municipal auditoriums and convention halls and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1210 pass?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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

    Nays:
Van Gerpen

    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 1098: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of motor vehicles from the motor vehicle excise tax.

    Was read the second time.

    The question being "Shall HB 1098 pass?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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

    Nays:
Vehle

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

    HB 1008: FOR AN ACT ENTITLED, An Act to restrict access to certain restrooms and locker rooms in public schools.

    Was read the second time.

1008rb

    Sen. Heinert moved that HB 1008 be amended as follows:

    On page 1, line 8, of the House engrossed bill, delete "Every" and insert "A school board may adopt a policy that every".

    On page 1, line 9, after "school" insert "in the district".

    On page 1, line 10, delete "shall be" and insert "is".

    On page 1, line 10, after "and" insert "may be".

    On page 1, line 10, after "addition," insert "the policy may request that".

    Which motion lost.

1008rc

    Sen. Hunhoff (Bernie) moved that HB 1008 be amended as follows:

    On page 2, after line 12 of the House engrossed bill, insert:

"    Section 4. That the code be amended by adding a NEW SECTION to read:

    If any public school district, school district officer or employee, school board, or school board member is sued in state or federal court as a result of a decision based upon and consistent with a student's biological sex, notwithstanding any assertion that the student's gender is different than the student's biological sex, the attorney general shall represent the school district, school district officer or employee, school board, or school board member at no cost to the school district, school district officer or employee, school board, or school board member, and the State of South Dakota shall assume all financial responsibility for the legal expenses. The legal expenses for which the state is responsible include any award for monetary damages or attorneys' fees and costs which may be awarded and for which the school district, school district officer or employee, school board, or school board member would otherwise be responsible.
    Section 5. That the code be amended by adding a NEW SECTION to read:

    There is established in the state treasury the transgender discrimination defense fund. The fund shall be maintained separately and administered by the Bureau of Administration. The fund may be used for plaintiff attorney fee awards, retention of outside counsel, settlement costs, or other litigation expenses not otherwise eligible to be paid under ยง 3-22-1. Unexpended money and any interest that may be credited to the fund shall remain in the fund. The transgender discrimination defense fund, including any subfund created within it, is hereby continuously appropriated and shall be budgeted through the informational budget process. The creation and funding of this fund does not constitute a waiver of the state's sovereign immunity.

    Section 6. There is hereby appropriated from the general fund the sum of one thousand dollars ($1,000), or so much thereof as may be necessary, to the transgender discrimination defense fund for the purpose of providing legal defense in accordance with the provisions of section 4 of this Act.".


    Which motion lost.

    The question being "Shall HB 1008 pass as amended?"

    And the roll being called:

    Yeas 20, Nays 15, Excused 0, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Rampelberg; Rusch; Shorma; Solano; Van Gerpen

    Nays:
Bradford; Buhl O'Donnell; Fiegen; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peters; Peterson (Jim); Soholt; Sutton; Tidemann; Tieszen; Vehle; White

    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.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1011: FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary statutes concerning game preserves and refuges.

    HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to weights and measures.

    HB 1084: FOR AN ACT ENTITLED, An Act to define when concurrent employment may be used to calculate earnings in workers' compensation cases.

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 12 Introduced by: Senator Peters and Representatives Hawks and Steinhauer

        A LEGISLATIVE COMMEMORATION, Commending and honoring the West Central High School Boys Cross Country Team for its accomplishments.

    WHEREAS, the West Central Boys Cross Country Team, including Caleb Carlson, Shane Ensz, Carter Heumiller, Silas Hoffman, Caden Ideker, Isaiah Jorgenson, Declan MacArthur, Joseph Michaels, Benjamin Miles, Shon Miles, Chase Otheim, Taylor Otheim, Braden Peters, Derick Peters, Caleb Schulte, Gabe Smith, Griffin Smith, Ryan Titus, Carson Ulrich, Carter Ulrich, Ryan Vinzant, and Asher Wahl, coached by Rebecca Wahl, won all but two meets in the 2015 season; and

    WHEREAS, the team was the Dakota XII Champions and Region 2A Champions, with six members placing in the top twenty with an average time of sixteen minutes and thirty-five seconds, a full minute average ahead of the next placing team; and

    WHEREAS, the team was the Boys State A Cross Country Champion, with Derick Peters placing second, Braden Peters placing eleventh, Ryan Titus placing twelfth, Gabe Smith placing sixteenth, Asher Wahl placing thirtieth, and Taylor Otheim placing fifty-sixth:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature commends and honors the West Central High School Boys Cross Country Team for its dedication and hard work.

    Sen. Omdahl moved that the Senate do now adjourn, which motion prevailed and at 4:22 p.m. the Senate adjourned.

Kay Johnson, Secretary