Senate Journal 2/23/2016 02:00 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 23, 2016

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

The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by Senate page Lynsey Klunder.

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 twenty-fifth day and finds that the following correction should be made:

On page 398, delete lines 28 and 29.

HB1183 was inadvertently signed on that day.

All additional 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.

COMMUNICATIONS AND PETITIONS

February 23, 2016

Mr. President and Members of the Senate:

I have the honor to inform you that on February 23, 2016, I approved Senate Bills 7, 12, 13, 15, 85, and 103, 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 Judiciary respectfully reports that it has had under consideration SB 168 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 169 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, after line 14 of the printed bill, insert:

"Nothing contained in this section shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service.".

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 163 which was tabled.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 50 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 9 and returns the same with the recommendation that said bill be amended as follows:

9ga

On page 1, line 5, of the printed bill, delete "from the general fund".

On page 1, line 6, after "necessary," insert "in other fund expenditure authority".

On page 1, line 7, after "Education" insert ", payable from funds derived from the workforce education fund created in § 13-13-88,".

On page 1, delete lines 13 to 15, inclusive.

9gta

On page 1, line 3, of the printed bill, delete "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 160 which was tabled.

Respectfully submitted,
Deb Peters, Co-Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1182 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1013.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Frerichs moved that the Committee on Transportation be instructed to deliver SB 146 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion lost.

Sen. Brown moved that SB 131 be placed to follow SB 147 on today's calendar.

Which motion prevailed.

Sen. Brown moved that SB 124, 125, 126, and 127 be placed to follow SB 159 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 100 as found on page 380 of the Senate Journal; also

State Affairs on SB 162 as found on page 383 of the Senate Journal; also

Transportation on SB 141 as found on page 387 of the Senate Journal; also

Transportation on SB 156 as found on page 388 of the Senate Journal; also

Joint Committee on Appropriations on SB 150 as found on page 379 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Haggar (Jenna) moved that SB 165 be placed on the calendar of Wednesday, February 24^th, the 27^th legislative day, pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 8, Nays 27, Excused 0, Absent 0

Yeas:
Ewing; Fiegen; Haggar (Jenna); Heineman (Phyllis); Jensen (Phil); Monroe; Omdahl; Van Gerpen

Nays:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Holien; Hunhoff (Bernie); Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

No motion having been made for the disposition of SB 153, pursuant to Joint Rule 6F-6, the bill was declared lost.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1182: FOR AN ACT ENTITLED, An Act to increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, to provide for certain school district reporting and penalties, and to declare an emergency.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Brown requested that SB 112 be removed from the Consent Calendar and moved that it be placed to precede SB131 on today's calendar.

Which motion prevailed and SB 112 was so placed.

Sen. Heinert requested that SB 118 be removed from the Consent Calendar and moved that it be placed to follow SB 112 on today's calendar.

Which motion prevailed and SB 118 was so placed.

HB 1004: FOR AN ACT ENTITLED, An Act to make form and style revisions to certain statutes regarding counties.

Was read the second time.

The question being "Shall HB 1004 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
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 1071: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the annual conference between county commissioners and the director of equalization.

Was read the second time.

The question being "Shall HB 1071 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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 1069: FOR AN ACT ENTITLED, An Act to revise certain provisions related to genetic counselor licensure.

Was read the second time.

The question being "Shall HB 1069 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 112: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax increment districts.

Was read the second time.

112fb

Sen. Vehle moved that SB 112 be amended as follows:

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 11-9-23 be amended to read:

11-9-23. If the municipality adopts an amendment to the original project plan for any district, which includes additional project costs for which tax increments may be received by the municipality, the tax incremental base for the district shall be redetermined pursuant to § 11-9-20. The tax incremental base as redetermined under this section is effective for the purposes of this chapter only if it exceeds the original tax incremental base determined under § 11-9-20. The provisions of this section do not apply if the additional project costs are thirty-five percent or less than the amount approved in the original project plan and the additional project costs will be incurred before the expiration of the period specified in § 11-9-13. "

Which motion prevailed.

The question being "Shall SB 112 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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.

SB 118: FOR AN ACT ENTITLED, An Act to exempt certain purchases from certain bidding requirements.

Was read the second time.

118jc

Sen. Heinert moved that SB 118 be amended as follows:

On page 3, line 15, of the Senate State Affairs Committee engrossed bill, delete "Any" and insert "For political subdivisions, any".

Which motion prevailed.

The question being "Shall SB 118 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding motor vehicle fuel not specifically taxed under the fuel excise tax.

Was read the second time.

The question being "Shall SB 110 pass as amended?"

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Bradford; Cammack; Curd; Ewing; Fiegen; Haverly; Hunhoff (Bernie); Novstrup (David); Peters; Peterson (Jim); Rampelberg; Rusch; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle

Nays:
Brown; Buhl O'Donnell; Frerichs; Greenfield (Brock); Haggar (Jenna); Heineman (Phyllis); Heinert; Holien; Jensen (Phil); Monroe; Olson; Omdahl; Otten (Ernie); Parsley; Shorma; Sutton; White

So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost.

SB 72: FOR AN ACT ENTITLED, An Act to prohibit the abortion of an unborn child who is capable of experiencing pain and to provide a penalty therefor.

Was read the second time.

72rc

Sen. Greenfield (Brock) moved that SB 72 be amended as follows:

On page 2, line 2, of the Senate Health and Human Services Committee engrossed bill, delete everything after "from" and insert "fertilization".

On page 2, line 3, delete everything before ";" .

On page 2, delete lines 10 to 18, inclusive.

On page 2, line 19, delete "(5)" and insert "(4)".

On page 3, delete lines 11 to 17, inclusive, and insert "No medical emergency may form the basis for an exception to section 3 if it is".

On page 3, line 18, delete "woman" and insert "pregnant mother".

On page 3, line 19, delete "in substantial and irreversible physical impairment of a major bodily function" and insert "other self harm".

On page 3, line 22, delete "to prevent serious" and insert "due to a medical emergency".

On page 3, line 23, delete "health risk to the unborn child's mother".

On page 3, line 23, delete "abort the pregnancy" and insert "deliver the child".

On page 4, delete lines 1 to 7, inclusive, and insert "survive, but only if it is consistent with preserving the pregnant mother's life and preventing an irreversible impairment of a major bodily function of the pregnant woman.".

On page 7, delete lines 13 to 16, inclusive.

On page 7, line 19, delete "up to the twentieth" and insert "through the twenty-second".

On page 8, line 1, delete "twentieth" and insert "twenty-second".

Which motion prevailed.

The question being "Shall SB 72 pass as amended?"

And the roll being called:

Yeas 21, Nays 14, Excused 0, Absent 0

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

Nays:
Bradford; Buhl O'Donnell; Curd; Fiegen; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peters; Soholt; 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.

SB 171: FOR AN ACT ENTITLED, An Act to authorize the limited use of certain types of medical marijuana.

Was read the second time.

The question being "Shall SB 171 pass as amended?"

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Bradford; Buhl O'Donnell; Curd; Fiegen; Frerichs; Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Olson; Parsley; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Sutton; Tieszen; Vehle

Nays:
Brown; Cammack; Ewing; Greenfield (Brock); Haggar (Jenna); Jensen (Phil); Monroe; Novstrup (David); Omdahl; Otten (Ernie); Peters; Solano; Tidemann; Van Gerpen; 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 147: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches from sales and use tax.

Was read the second time.

The question being "Shall SB 147 pass?"

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Brown; Curd; Fiegen; Greenfield (Brock); Haggar (Jenna); Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Peterson (Jim); Shorma; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Cammack; Ewing; Frerichs; Haverly; Heineman (Phyllis); Heinert; Omdahl; Otten (Ernie); Parsley; Peters; Rampelberg; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

SB 131: FOR AN ACT ENTITLED, An Act to establish a target teacher salary and a target teacher ratio, to revise certain provisions regarding education funding, to create the School Finance Accountability Board, and to provide for certain school district reporting and penalties.

Was read the second time.

131fb

Sen. Frerichs moved that SB 131 be amended as follows:

On page 7, line 8 of the Senate State Affairs Committee engrossed bill, after "10-35-21" insert "as provided by subdivision (6B)".

On page 7, line 14, after "10-35-21" insert "as provided by subdivision (6B)".

On page 7, line 17, after "10-35-21" insert "as provided by subdivision (6B)".

On page 8, between lines 9 and 10, insert:

(6B) "Wind energy tax revenue," any wind energy tax revenue apportioned to school districts pursuant to § 10-35-21 from a wind farm producing power for the first time before July 1, 2016, shall be considered local effort pursuant to subdivision (6) and other revenue base amount pursuant to subdivision (6A). However, any wind energy tax revenue apportioned to a school district from a wind farm producing power for the first time after June 30, 2016, one hundred percent shall be retained by the school district to which the tax revenue is apportioned for the first five years of producing power, eighty percent for the sixth year, sixty percent for the seventh year, forty percent for the eighth year, twenty percent for the ninth year, and zero percent thereafter;".

Which motion prevailed.

The question being "Shall SB 131 pass as amended?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Greenfield (Brock); Jensen (Phil); Monroe; Olson; Omdahl; Rampelberg

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 16: FOR AN ACT ENTITLED, An Act to establish a fee for a nursery license and to increase fees for nursery inspection.

Was read the second time.

16gb

Sen. Tidemann moved that SB 16 be amended as follows:

On page 1, line 9, of the Joint Appropriations Committee engrossed bill, delete "plus".

On page 1, delete lines 10 and 11, and insert "~~dollars for each acre over one acre of field-grown inspected plants and ten dollars for each ten thousand square feet of container-grown plants, except~~. However,".

On page 1, line 13, delete everything after "cents" and insert "~~plus ten dollars~~".

On page 1, delete line 14, and insert "~~for each acre over one of field-grown inspected plants and ten dollars for each~~".

On page 2, line 1, overstrike everything before ";" .

On page 2, after line 11, insert:

" Section 3. That § 38-24B-5 be amended to read:

38-24B-5. No person may sell, offer for sale, or distribute any nursery stock ~~which has not been officially inspected and for which a certificate of inspection has not been granted~~ until the person has obtained a license from the secretary. A violation of this section is a Class 2 misdemeanor.

Section 4. That § 38-24B-6 be amended to read:

38-24B-6. Any nurseryman desiring to sell or ship nursery stock in the state shall make application before the first day of March to the ~~Department of Agriculture for inspection of his nursery stock, and anyone failing to comply with this section is liable for extra charges to cover travel expenses for the~~ department for a license.

Section 5. That § 38-24B-8 be amended to read:

38-24B-8. A separate ~~certificate of inspection~~ license shall be obtained from the department for each location before selling, offering, or exposing nursery stock for sale. The ~~certificate of inspection~~ license shall be displayed in a prominent manner wherever nursery stock is offered for sale. A violation of this section is a Class 2 misdemeanor.

Section 6. That § 38-24B-11 be amended to read:

38-24B-11. No certificate of inspection or license may be issued to an applicant who purchases ~~his~~ nursery stock from an uncertified nursery in this state or from a nonresident nursery or nursery stock dealer whose stock has not been inspected and certified by the regulatory official of the state of origin.

Section 7. That § 38-24B-12 be amended to read:

38-24B-12. Any grower or dealer of decorative plants, annual plants, sod, or related plant products may apply to the department for a certificate of inspection. The ~~Department of Agriculture~~ department may issue a certificate of inspection to the person whose decorative plants, annual plants, sod, or related plant products have been officially inspected and found free from pests. The fee for inspection and certification is ~~two hundred fifty~~ one hundred forty dollars plus five dollars for each acre of growing field and five dollars for each ten thousand square feet of growing greenhouse.

Section 8. That § 38-24B-13 be amended to read:

38-24B-13. The secretary ~~of agriculture~~ may revoke a ~~certificate of inspection~~ license for cause following a hearing pursuant to chapter 1-26. The secretary may issue a temporary cease and desist order pending the hearing. At least ten days notice shall be given prior to conducting a hearing pursuant to this section.

Section 9. That § 38-24B-14 be amended to read:

38-24B-14. A ~~certificate~~ license issued pursuant to the provisions of this chapter is in effect for a period not to exceed ~~two years~~ one year and expires on December thirty-first of the year following the date of issue.

Section 10. That § 38-24B-29 be amended to read:

38-24B-29. If a nurseryman violates the provisions of this chapter, ~~he may have his certificate of inspection~~ the nurseryman's license may be cancelled or revoked pursuant to chapter 1-26. In addition, any person is liable in a civil action for all damage that is occasioned or caused by a violation of this chapter. ".

Which motion prevailed.

The question being "Shall SB 16 pass as amended?"

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Greenfield (Brock); Haggar (Jenna); Jensen (Phil); Otten (Ernie); White

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.

Sen. Brown moved that the balance of the calendar including SB 124, 125, 126, 127, and 159 and HB 1005, 1007, 1024, 1083, 1119, 1120, 1136, 1187, 1201, and 1208 be deferred to Wednesday, February 24^th, the 27^th legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

HB 1090: FOR AN ACT ENTITLED, An Act to require certain statements and audits concerning insurance pooling arrangements to be filed with the Department of Legislative Audit.

HB 1207: FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real estate at the Human Services Center and to provide for the deposit of the proceeds.

And signed the same in the presence of the Senate.

Sen. Curd moved that the Senate do now adjourn, which motion prevailed and at 5:35 p.m. the Senate adjourned.

Kay Johnson, Secretary