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JOURNAL OF THE SENATE

EIGHTY-NINTH SESSION




THIRTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 14, 2014

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Reverend John Armstrong, followed by the Pledge of Allegiance led by Senate page Noah Brown, Megan Larsen, Alli Steckelberg, and Wynne Wilfahrt.

    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 thirty-sixth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Corey Brown, Chair

    Which motion prevailed.
    Sen. Rave moved that the Senate do now recess until 12:00 noon, which motion prevailed and at 10:10 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 12:10 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 65, 108, 158, and 177 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Eighty-ninth Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Gosch, Lust, and Bernie Hunhoff as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.


Respectfully,
Arlene Kvislen, Chief Clerk


    Sen. Lederman moved that the Senate do now recess until 3:00 p.m., which motion prevailed and at 12:14 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 3:00 p.m., the President presiding.

    There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 14, 2014

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 14, 2014, I approved Senate Bills 9, 27, 31, 32, 69, 75, 77, 82, 84, 97, 102, 113, 122, 124, 145, 154, 163, and 186, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 14, 2014

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 14, 2014, I approved Senate Bills 2, 3, 7, 23, 25, 46, and 118, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

SIGNING OF BILLS

    The President publicly read the title to

    SB 1: FOR AN ACT ENTITLED, An Act to provide for the selection of the chair and vice chair of the Executive Board of the Legislative Research Council, to revise the membership of the Executive Board, to provide for the term of each constituted Executive Board, to provide for the year-round governance of the Legislative Research Council by the Executive Board, and to provide for continuity of board membership.


    SB 65: FOR AN ACT ENTITLED, An Act to revise and clarify voter eligibility for road district elections.

    SB 108: FOR AN ACT ENTITLED, An Act to require a study of services and insurance coverage for the treatment of autism spectrum disorder for children.

    SB 158: FOR AN ACT ENTITLED, An Act to revise certain funding provisions of the building South Dakota fund.

    SB 177: FOR AN ACT ENTITLED, An Act to make an appropriation to provide contingency funds to be made available for unanticipated costs related to medical services and to declare an emergency.

    HB 1040: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2014.

    HB 1041: FOR AN ACT ENTITLED, An Act to make an appropriation for the railroad trust fund and to declare an emergency.

    HB 1112: FOR AN ACT ENTITLED, An Act to appropriate general funds and higher education facility funds to replace a portion of the other funds appropriated for the construction of swine teaching and research facilities at South Dakota State University and to declare an emergency.

    HB 1122: FOR AN ACT ENTITLED, An Act to define the limitations of interstate compacts relating to the collection of civil fines.

    HB 1164: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school board opening day decision petitions.

    HB 1175: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to expand university facilities at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

    HB 1194: FOR AN ACT ENTITLED, An Act to establish certain requirements relating to the crossings of railroad rights-of-way by utilities.

    HB 1203: FOR AN ACT ENTITLED, An Act to improve the financial practices of the State of South Dakota.

    HB 1249: FOR AN ACT ENTITLED, An Act to revise the required hours in a school term for certain grade levels.

    And signed the same in the presence of the Senate.



    Sen. Rave moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 3:07 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 4:42 p.m., the President presiding.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 1, 65, 108, 158, and 177 were delivered to his Excellency, the Governor, for his approval at 4:20 p.m., March 14, 2014.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

187di

    On page 5, line 30, of the printed bill, DECREASE Personal Services OTHER FUNDS $78,825.

    On page 5, line 34, DECREASE FTEs 1.0.

    On page 6, line 10, DECREASE Operating Expenses OTHER FUNDS $610, 951.

    On page 20, line 45, INCREASE Personal Services OTHER FUNDS $78,825.

    On page 20, line 46, INCREASE Operating Expenses OTHER FUNDS $610,951.

    On page 20, line 49, INCREASE FTEs 1.0.

Adjust all totals accordingly.

DESCRIPTION: This amendment shifts the teletype functions of State Radio from the Bureau of Information and Telecommunications to the Department of Public Safety. (BFM)



187ni

    On page 11, line 10 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $30,614

Adjust all totals accordingly.

DESCRIPTION: Game, Fish and Parks - Increase general funds due to changes in bond payments related to the Angostura Recreation Area and the Cedar Shore Resort marina. A like amount of the State Parks and Recreation other funds are transferred into the general fund resulting in a net zero impact to the general fund. (BFM)

187dj

    On page 39, line 14, of the printed bill, delete "$123" and insert "$129".

    On page 39, line 15, delete "$123" and insert "$129".

    On page 39, line 16, delete "$123" and insert "$129".

    On page 39, line 17, delete "$123" and insert "$129".

    On page 39, line 18, delete "$123" and insert "$129".

    On page 39, line 19, delete "$123" and insert "$129".

    On page 39, line 20, delete "$123" and insert "$129".

    On page 39, line 21, delete "$123" and insert "$129".

    On page 39, line 22, delete "$123" and insert "$129".

    On page 39, line 23, delete "$123" and insert "$129".

    On page 39, line 24, delete "$123" and insert "$129".

DESCRIPTION: Legislature - As per SDCL 4-7-10.4, the budget report must contain a schedule disclosing per diem rates for committees. This amendment will update the amounts as per 187mm. (Sen. Peters)


187aa

    On page 29, line 6 of the printed bill, INCREASE FTEs 0.5

Adjust all totals accordingly.

DESCRIPTION: Unified Judicial System - Increase FTE authority to increase part-time magistrate position in Pennington County to full-time. (UJS)


187mb

    On page 22, line 41, of the printed bill, delete "378.8" and insert "433.4".

DESCRIPTION: Board of Regents - The South Dakota School of Mines and Technology is requesting an additional 54.6 FTE due to the elimination of the Aramark contract on December 31, 2013. The custodial and maintenance duties will now be done "in house" by the institution making the additional FTE a necessity. SDSM&T was the only institution outsourcing this service. (Board of Regents)

187mv

    On page 19, line 25 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $2,200,521

Adjust all totals accordingly.

DESCRIPTION: Increase the state aid to general education per student allocation by $16.72 per student from $4,764.42 to $4,781.14. (Sen. Peters)


187mr

    On page 20, line 3 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $140,172

Adjust all totals accordingly.

DESCRIPTION: DOE. Increase funding (approx. $22.41 per student FTE) to state aid to postsecondary education. (Sen. Peters)


187mw

    On page 29, line 44 of the printed bill, INCREASE Personal Services GENERAL FUNDS $71,200

    On page 29, line 48, INCREASE FTEs 1.0

Adjust all totals accordingly.

DESCRIPTION: Attorney General - Increase general funds by $71,200 for a new DCI agent stationed in Aberdeen. (Senator Novstrup)


187mu

    On page 29, line 17 of the printed bill, INCREASE Appropriation GENERAL FUNDS $21,000

Adjust all totals accordingly.



DESCRIPTION: Legislature - Funding for two task forces per SB 154 (Jolene's Law Task Force) and HB 1213 (SD Tribal Economic Development Task Force). (Sen. Peters)

187mn

    On page 29, line 17 of the printed bill, INCREASE Appropriation GENERAL FUNDS $43,794

Adjust all totals accordingly.

DESCRIPTION: Legislature - As per SB 124, revise reimbursement to newly appointed and elected legislators (new legislator orientation, Appropriations hearings, etc., estimate 38 members). (Sen. Peters)


187hv

    On page 12, line 11 of the printed bill, INCREASE Operating Expenses GENERAL FUNDS $82,176 and INCREASE Operating Expenses FEDERAL FUNDS $1,560

    On page 12, line 18, INCREASE Operating Expenses GENERAL FUNDS $334,736 and INCREASE Operating Expenses FEDERAL FUNDS $315,292

    On page 12, line 25, INCREASE Operating Expenses GENERAL FUNDS $65,178 and INCREASE Operating Expenses FEDERAL FUNDS $44,183 and INCREASE Operating Expenses OTHER FUNDS $3,399

    On page 12, line 32, INCREASE Operating Expenses GENERAL FUNDS $111,909 and INCREASE Operating Expenses FEDERAL FUNDS $35,180 and INCREASE Operating Expenses OTHER FUNDS $982

    On page 25, line 38, INCREASE Operating Expenses GENERAL FUNDS $40,338 and INCREASE Operating Expenses FEDERAL FUNDS $19,570

    On page 26, line 39, INCREASE Operating Expenses GENERAL FUNDS $162,673 and INCREASE Operating Expenses FEDERAL FUNDS $204,100

    On page 29, line 3, INCREASE Operating Expenses GENERAL FUNDS $2,990 and INCREASE Operating Expenses FEDERAL FUNDS $219

Adjust all totals accordingly.

DESCRIPTION: DSS, DOC, DHS, UJS. This amendment adjusts base budgets for Medicaid providers in South Dakota by 0.3%.



187mx

    On page 12, line 18 of the printed bill, DECREASE Operating Expenses GENERAL FUNDS "$5,203,462".

    On page 12, line 18, DECREASE Operating Expenses FEDERAL FUNDS "$5,664,253".

Adjust all totals accordingly.

DESCRIPTION: This amendment adjusts updated figures for Title XIX and Title XXI eligibles and utilization within Medical Services.


    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 5 Introduced by: Senators Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman, Phyllis; Holien; Hunhoff, Jean; Jensen; Jones, Chuck; Jones, Tom; Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup, Al; Omdahl; Otten, Ernie; Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Eighty-ninth Legislature of the State of South Dakota to Noah Brown, Megan Larsen, Alli Steckelberg, Wynne Wilfahrt

    WHEREAS, the above named served loyally as pages for the Senate of the Eighty-ninth Legislative Session; and

    WHEREAS, the members of the Eighty-ninth Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Eighty-ninth Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.


    Sen. Lederman moved that Senate Page Resolution 5 be adopted.

    The question being on Sen. Lederman's motion that Senate Page Resolution 5 be adopted.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

    Excused:
Peters

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

    Sen. Rave moved that the Senate do now recess until 5:45 p.m., which motion prevailed and at 5:05 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 5:50 p.m., the President presiding.

    Sen. Rave moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Monday, March 31, the 38th legislative day.

    Which motion prevailed.

    Sen. Rave 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

    Which motion prevailed and the President announced as such committee Sens. Brown, Rave, and Frerichs.

    Sen. Rave 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 fix the time of adjournment sine die for the Eighty-ninth Legislative Session.


    Which motion prevailed and the President announced as such committee Sens. Lederman, Peters, and Sutton.

    Sen. Rave moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to per student allocation for fiscal year 2015.

    The question being on Sen. Rave's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to per student allocation for fiscal year 2015.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; White

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Appropriations on SB 187 as found on page 675 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 188 Introduced by: Senators Rave and Brown and Representatives Lust and Gosch

    FOR AN ACT ENTITLED, An Act to set the per student allocation for fiscal year 2015.

    Was read the first time.


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 188: FOR AN ACT ENTITLED, An Act to set the per student allocation for fiscal year 2015.

    Was read the second time.

    The question being "Shall SB 188 pass?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; 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 187: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the second time.

187nl

    Sen. Frerichs moved that SB 187 be amended as follows:

    On page 12, line 10 of the Senate Appropriations Committee engrossed bill, INCREASE Personal Services GENERAL FUNDS $1,062,299 and INCREASE Personal Services FEDERAL FUNDS $1,062,299

    On page 12, line 11, INCREASE Operating Expenses GENERAL FUNDS $217,567 and INCREASE Operating Expenses FEDERAL FUNDS $217,567

    On page 12, line 14, INCREASE FTEs 39.0

    On page 12, line 18, INCREASE Operating Expenses GENERAL FUNDS $625,403 and INCREASE Operating Expenses FEDERAL FUNDS $272,083,699

Adjust all totals accordingly.

DESCRIPTION: DSS - To expand South Dakota's Medicaid program in accordance with the Affordable Care Act. General Funds Total $1,905,269. Federal Funds Total $273,363,565. Total Funds $275,268,834. FTE increase 39.0.

    Sen. Rave moved the previous question.

    Which motion prevailed.

    Sen. Lucas requested a roll call vote.

    Which request was supported.

    The question being on Sen. Lucas's motion that SB 187 be amended.

    And the roll being called:

    Yeas 7, Nays 28, Excused 0, Absent 0

    Yeas:
Bradford; Buhl O'Donnell; Frerichs; Jones (Tom); Lucas; Sutton; Welke

    Nays:
Begalka; Brown; Curd; Ewing; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Kirkeby; Krebs; Lederman; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

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

    The question now being "Shall SB 187 pass as amended?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

    Yeas:
Begalka; Bradford; Brown; Buhl O'Donnell; Curd; Ewing; Frerichs; Heineman (Phyllis); Holien; Hunhoff (Jean); Jensen; Jones (Chuck); Jones (Tom); Kirkeby; Krebs; Lederman; Lucas; Maher; Monroe; Novstrup (Al); Omdahl; Otten (Ernie); Peters; Rampelberg; Rave; Rhoden; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; Welke; 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 1111: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the design, construction, and equipping of a veterans home near Hot Springs, to make an appropriation therefor, and to declare an emergency.

    HB 1142: FOR AN ACT ENTITLED, An Act to enhance the support for public postsecondary technical institutes, to transfer certain funds, to make an appropriation therefor, and to declare an emergency.

    HB 1177: FOR AN ACT ENTITLED, An Act to prohibit certain use of handheld electronic wireless communication devices while driving and to provide a penalty therefor.

    HB 1206: FOR AN ACT ENTITLED, An Act to authorize the payment of lease rental obligations to the South Dakota Building Authority by the Bureau of Finance and Management, to make an appropriation therefore, and to declare an emergency.

    HB 1213: FOR AN ACT ENTITLED, An Act to analyze and promote economic development for South Dakota's Native American population and to establish a task force.

    And signed the same in the presence of the Senate.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 187 and 188 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

    There being no objection, the Senate reverted to Order of Business No. 5.



REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 187 and 188 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

SIGNING OF BILLS

    The President publicly read the title to

    SB 187: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    SB 188: FOR AN ACT ENTITLED, An Act to set the per student allocation for fiscal year 2015.

    And signed the same in the presence of the Senate.

    There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 187 and 188 were delivered to his Excellency, the Governor, for his approval at 7:58 p.m., March 14, 2014.

Respectfully submitted,
Corey Brown, Chair

    Sen. Ewing moved that the Senate do now adjourn, which motion prevailed and at 8:00 p.m. the Senate adjourned.

Jeannette Schipper, Secretary



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