Senate Journal 3/9/2016 10:30 AM

Sen. Tieszen moved that the Senate do concur in House amendments to SB 26.

The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 26.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Tieszen moved that the Senate do not concur in House amendments to SB 44 and 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 adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Tieszen, Solano, and Heinert.

Sen. Fiegen moved that the Senate do concur in House amendments to SB 64.

The question being on Sen. Fiegen's motion that the Senate do concur in House amendments to SB 64.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Fiegen moved that the Senate do concur in House amendments to SB 65.

The question being on Sen. Fiegen's motion that the Senate do concur in House amendments to SB 65.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Monroe moved that the Senate do concur in House amendments to SB 72.

The question being on Sen. Monroe's motion that the Senate do concur in House amendments to SB 72.

And the roll being called:

Yeas 26, Nays 7, Excused 2, Absent 0

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

Nays:
Bradford; Buhl O'Donnell; Heinert; Parsley; Soholt; Tieszen; Vehle

Excused:
Peters; Tidemann

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

Sen. Brown moved that the Senate do concur in House amendments to SB 100.

The question being on Sen. Brown's motion that the Senate do concur in House amendments to SB 100.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Vehle moved that the Senate do concur in House amendments to SB 104.

The question being on Sen. Vehle's motion that the Senate do concur in House amendments to SB 104.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Tieszen moved that the report of the Conference Committee on HB 1183 as found on page 560 of the Senate Journal be adopted.

The question being on Sen. Tieszen's motion that the report of the Conference Committee on HB 1183 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Cammack moved that the report of the Conference Committee on SB 45 as found on page 567 of the Senate Journal be adopted.

The question being on Sen. Cammack's motion that the report of the Conference Committee on SB 45 be adopted.

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Greenfield (Brock); Jensen (Phil)

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

Sen. Brown moved that the Senate do now recess until 1:30 p.m., which motion prevailed and at 11:45 p.m., the Senate recessed.

MR. PRESIDENT:

Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-second Legislative Session be January 10 through January 13, January 17 through January 20, January 23 through January 26, January 31 through February 3, February 6 through February 9, February 13 through February 16, February 21 through February 24, February 27 through March 2, March 6 through March 10, and March 27.

Respectfully submitted,                        Respectfully submitted,
Mike Stevens                                Gary Cammack
Kris Langer                                    Corey Brown
Peggy Gibson                                Billie Sutton
House Committee                                Senate Committee

Also MR. PRESIDENT:

Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-first Legislative Session be adopted as the joint rules of the Ninety-second Legislative Session with the following changes:

Amend Chapter 3 as follows:

3-3. Office of Engrossing and Enrolling. The Legislative Research Council shall perform all engrossing and enrolling duties. In addition, each house may hire secretaries necessary to conduct the business of the standing committees. Any secretary appointed to a committee is responsible to the committee chair. In each house, a secretary is provided to the majority and minority ~~party~~ parties.

Amend Chapter 5 as follows:

5-1.1. Amendments proposing penalties. Any attempt to offer an amendment, whether in committee or on the floor, that requires a ~~fiscal impact statement~~ prison or jail population cost estimate shall be ruled out of order unless offered with a preexisting ~~fiscal impact statement~~ prison or jail population cost estimate.

Amend Chapter 6 as follows:

6C-1. Bills and resolutions that require fiscal notes. A bill, amendment, or resolution that has an effect on the revenues, expenditures, or fiscal liability of the state or any political subdivision of the state may include a fiscal note incorporating an estimate of the effect. This rule does not apply to the cost of legislative processing or any appropriation bill with specific dollar amounts. A fiscal note is an estimate of the fiscal implications relating to revenues, expenditures or debt, and the probable cost of the bill, amendment, or resolution. In preparing the fiscal note, the Director of the Legislative Research Council may use information or data supplied by any person, agency, organization, or governmental unit that the director deems reliable. The director shall state the sources of the information or data used and may state the extent to which the director relied on the information or data in preparing the fiscal note. If the director is unable to acquire or develop sufficient information or data to prepare a fiscal note, the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to comply with this rule. If the director determines that the fiscal impact of a bill, amendment, or resolution cannot be determined, the director may prepare the fiscal note stating that fact, and the fiscal note shall be deemed to comply with this rule.

This rule does not apply to ~~fiscal impact statements~~ prison or jail population cost estimates required by §§ 2-1-19 and 2-1-20.

6C-1.1. Request for fiscal note by any member. A fiscal note may be requested by:

(1) The presiding officer when a bill, amendment, or resolution is introduced;

(2) The chair of the standing committee possessing the bill, amendment, or resolution;

(3) A majority vote of the standing committee possessing the bill, amendment, or resolution; or

(4) A legislator, if the legislator is supported by a vote of one-fifth of the body before the second reading of the bill or resolution.

Amend Chapter 7 as follows:

7-11. Introduction of general appropriation bill. The general appropriation bill shall be introduced by the ~~Senate~~ House Committee on Appropriations in even-numbered years and by the ~~House~~ Senate Committee on Appropriations in odd-numbered years.

Amend Chapter 17 as follows:

Sen. Heinert moved that the Senate do concur in House amendments to SB 82.

The question being on Sen. Heinert's motion that the Senate do concur in House amendments to SB 82.

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Yeas:
Bradford; 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; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Omdahl

Excused:
Brown; Peters

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

Sen. Tieszen moved that the Senate do concur in House amendments to SB 96.

The question being on Sen. Tieszen's motion that the Senate do concur in House amendments to SB 96.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Tidemann; White

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

Sen. Holien moved that the Senate do concur in House amendments to SB 168.

The question being on Sen. Holien's motion that the Senate do concur in House amendments to SB 168.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Tidemann; White

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

Sen. Peters moved that the Senate do concur in House amendments to SB 131.

Sen. Sutton moved a substitute motion that the Senate do not concur in House amendments to SB 131 and 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 adjust the differences between the two houses.

The question being on Sen. Sutton's substitute motion that the Senate do not concur in House amendments to SB 131 and 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 adjust the differences between the two houses.

Sen. Sutton requested a roll call vote.

Which request was supported.

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Bradford; Buhl O'Donnell; Frerichs; Greenfield (Brock); Haggar (Jenna); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Novstrup (David); Olson; Omdahl; Parsley; Peterson (Jim); Sutton; Van Gerpen

Nays:
Brown; Cammack; Curd; Ewing; Fiegen; Haverly; Heineman (Phyllis); Monroe; Otten (Ernie); Peters; Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Vehle; White

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

The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 131.

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Frerichs; Greenfield (Brock); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Olson; Omdahl; Van Gerpen

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

Sen. Brown moved that when we adjourn today, we adjourn to convene at 10:30 a.m., on Thursday, March 10^th, the 36^th legislative day.

Which motion prevailed.

The President publicly read the title to

SB 9: 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.

SB 26: 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.

SB 43: FOR AN ACT ENTITLED, An Act to increase the unemployment insurance penalty for failure to pay contributions or make reports.

SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions of the building South Dakota fund programs.

SB 49: FOR AN ACT ENTITLED, An Act to revise certain fees collected by the secretary of state to make an appropriation for an online business registration and filing system, and to declare an emergency.

SB 64: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.

SB 65: FOR AN ACT ENTITLED, An Act to revise the procedure for a municipal recall petition.

SB 67: FOR AN ACT ENTITLED, An Act to establish a postsecondary scholarship grant fund, to make an appropriation therefor, to transfer certain money, and to declare an emergency.

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.

SB 81: FOR AN ACT ENTITLED, An Act to create the paraprofessional tuition assistance scholarship program.

SB 92: FOR AN ACT ENTITLED, An Act to continue a math pilot project at the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

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

SB 100: FOR AN ACT ENTITLED, An Act to enhance South Dakota economic development through broadband infrastructure improvements.

SB 104: FOR AN ACT ENTITLED, An Act to set the time period for when an agency may promulgate rules.

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

SB 140: FOR AN ACT ENTITLED, An Act to eliminate life sentences for defendants under the age of eighteen at the time of the crime.

SB 143: FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee to implement a performance management review process.

SB 148: FOR AN ACT ENTITLED, An Act to authorize additional nursing facility beds for the Michael J. Fitzmaurice Veterans Home and to declare an emergency.

SB 158: FOR AN ACT ENTITLED, An Act to revise provisions related to restitution in cases involving juveniles and to declare an emergency.

SB 159: FOR AN ACT ENTITLED, An Act to provide a tax credit to insurance companies that contribute to an organization providing educational scholarships to certain students.

SB 162: FOR AN ACT ENTITLED, An Act to create the State Board of Internal Control and to declare an emergency.

SB 169: FOR AN ACT ENTITLED, An Act to revise provisions related to child pornography and to revise the penalty therefor.

HB 1005: FOR AN ACT ENTITLED, An Act to revise and repeal certain fees that are established to compensate counties for services provided by county officials.

HB 1029: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Health to fund the rural residency program and to declare an emergency.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

HB 1046: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust fund and to declare an emergency.

HB 1061: FOR AN ACT ENTITLED, An Act to provide a tuition benefit to certain teachers who enroll in courses under the management and control of the Board of Regents that are not subsidized by the general fund.

HB 1064: FOR AN ACT ENTITLED, An Act to apply certain penalties regarding damages, tampering, and malicious acts to certain railroads that carry passengers.

HB 1068: FOR AN ACT ENTITLED, An Act to revise provisions related to the conversion of nonprofit corporations.

HB 1078: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain alcohol related offenses to persons who assist a person in need of emergency assistance or who are themselves in need of emergency assistance.

HB 1079: FOR AN ACT ENTITLED, An Act to permit the prescription and possession of an opioid antagonist in certain instances.

HB 1094: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer inspection fee for purposes of fertilizer-related research and education and to create the Nutrient Research and Education Council to promote such research and education.

HB 1110: FOR AN ACT ENTITLED, An Act to provide medical care for certain unborn children.

HB 1118: FOR AN ACT ENTITLED, An Act to limit the amount of instructional time that may be spent administering statewide academic assessments.

HB 1137: FOR AN ACT ENTITLED, An Act to revise the distribution of registration fees from noncommercial gross weight vehicles.

HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding county zoning.

HB 1146: FOR AN ACT ENTITLED, An Act to authorize the Governor to enter agreements with Indian tribes regarding the high school equivalency tests administered on Indian reservations.

HB 1157: FOR AN ACT ENTITLED, An Act to require that a doctor provide a woman additional information as a part of informed consent prior to performing an abortion.

HB 1190: FOR AN ACT ENTITLED, An Act to enhance customer convenience in firearms transactions, improve public safety, and provide for the issuance of an additional concealed pistol permit.

HB 1203: FOR AN ACT ENTITLED, An Act to pay off bonds and make certain other changes necessary to effectuate a tuition freeze by the Board of Regents and the technical institutes, to make an appropriation therefor, and to declare an emergency.

HB 1218: FOR AN ACT ENTITLED, An Act to require certain notice procedures for any revision of municipal ordinances.

HB 1236: FOR AN ACT ENTITLED, An Act to define a halfway house.

HB 1238: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the Executive Board of the Legislative Research Council.

HB 1244: FOR AN ACT ENTITLED, An Act to revise provisions related to the sex offender registry

And signed the same in the presence of the Senate.

Sen. Buhl O'Donnell moved that the Senate do now adjourn, which motion prevailed and at 2:37 p.m. the Senate adjourned.

Kay Johnson, Secretary

Legislative Deadlines
Legislative Action	40 Day Session
A. Last day for unlimited introduction of individual bills and joint resolutions¹	12^th Day
B. Last day for introduction of individual bills and joint resolutions¹	15^th Day
C. Last day for introduction of committee bills and joint resolutions¹	16^th Day
D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26^th Day
E. Last day to move required delivery of bills or resolutions by a committee to the house of origin	27^th Day
F. Last day to pass bills or joint resolutions by the house of origin and to introduce concurrent resolutions	28^th Day
G. Last day for introduction of ~~concurrent resolutions and~~ commemorations	~~28^th~~ 33^rd Day
H. During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34^th Day on
I. Last day to move required delivery of bills or resolutions by a committee to the second house	35^th Day
J. Last day for a bill or joint resolution to pass both houses	36^th Day
K. Two days preceding the last two days of a legislative session shall be reserved for concurrences or action upon conference committee reports	37^th Day 38^th Day
L. The last day of a legislative session is reserved for the consideration of vetoes	40^th Day
¹ Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule 6A-5.