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Senate Journal 3/6/2015 01:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION




THIRTY-THIRD DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 6, 2015

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by Senate page Abigail Simon.

    Roll Call: All members present except Sens. Buhl O'Donnell, Ewing, Holien, and Otten (Ernie) who were excused.

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-second 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.
COMMUNICATIONS AND PETITIONS


February 4, 2015

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Brent E. Dykstra, Stanley County, Fort Pierre, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 15, 2018.

Sincerely,
Dennis Daugaard
Governor

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

January 21, 2015

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

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Dennis Neugebauer, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

    This appointment is effective immediately, and shall continue until January 21, 2019.

Sincerely,
Dennis Daugaard
Governor

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


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 17, 43, 48, 50, 98, 101, 108, 119, 126, 159, 161, 172, and 173 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 24, 30, 37, 41, 45, 47, 49, 63, 81, 94, 113, 118, and 128 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., March 6, 2015.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1015, 1041, and 1046 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration HB 1219 and returns the same with the recommendation that said bill be amended as follows:

1219rc

    On page 3, between lines 21 and 22, of the House State Affairs Committee engrossed bill, insert:

    "Section 4. That § 59-11-24 be amended to read as follows:

    59-11-24. Each filing entity or qualified foreign entity, except a bank organized pursuant to § 51A-3-1.1 and a limited partnership organized pursuant to chapter 48-7, shall deliver to the Office of the Secretary of State for filing an annual report that sets forth:

            (1)    The name of the filing entity or qualified foreign entity;
            (2)    The jurisdiction under whose law it is formed;
            (3)    The address of its principal office, wherever located;
            (4)    The information required by § 59-11-6; and
            (5)    The names and business addresses of its governors except in the following two cases:
            (a)    If a business corporation has eliminated its board of directors pursuant to § 47-1A-732, the annual report shall set forth the names of the shareholders instead; and
            (b)    If a limited liability company is member-managed, the names and business addresses of its governors need not be set forth.

    Information in the annual report must be current as of the date the annual report is executed on behalf of the filing entity or qualified foreign entity. Any other provisions of law notwithstanding the annual report may be executed by any authorized person. Any amendment filed is a supplement to, and not in place of, the annual filing required by this section. ".

1219rta

    On page 1, line 2, of the House State Affairs Committee engrossed bill, after "State" insert "and to establish a fee therefor".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1153 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Tim Rave, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 120 and 136 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 3, 17, 50, 98, 101, 108, 119, 126, 159, 161, 172, and 173 which have passed the House without change.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1026, 1027, 1055, 1079, 1122, 1130, 1146, 1148, and 1236.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1034 and 1050.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 4 Introduced by: Senators Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield, Brock; Hagger, Jenna; Haverly; Heineman, Phyllis; Heinert; Holien; Hunhoff, Bernie; Jensen, Phil; Lederman; Monroe; Novstrup, David; Olson; Omdahl; Otten, Ernie; Parsley; Peters; Peterson, Jim; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninetieth Legislature of the State of South Dakota to Allison Becker, Austin Bitterman, Grant Erwin, Brittni Faddoul, Karissa Guthrie, Marcus Ireland, Blaze Jones, Emalee Larson, Bridget Redder, Abigail Simon, Ethan Weinheimer, Erika Wounded Knee

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

    WHEREAS, the members of the Ninetieth 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 Ninetieth 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. Haggar (Jenna) moved that Senate Page Resolution 4 be adopted.

    The question being on Sen. Haggar's (Jenna) motion that Senate Page Resolution 4 be adopted.

    And the roll being called:



    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

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

    Sen. Novstrup (David) moved that the Senate do concur in House amendments to SB 168.

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

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    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.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on HB 1140 as found on page 595 of the Senate Journal; also

    Judiciary on HB 1231 as found on page 595 of the Senate Journal be adopted.

    Which motion prevailed.



CONSIDERATION OF EXECUTIVE APPOINTMENT

    The Senate proceeded to the consideration of the executive appointment of Kelly Hepler of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Game, Fish and Parks.

    The question being "Does the Senate advise and consent to the executive appointment of Kelly Hepler pursuant to the executive message as found on page 556 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS CONSENT CALENDAR

    The Senate proceeded to the consideration of the executive reappointment of Steve Pirner of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Environment and Natural Resources.

    The question being "Does the Senate advise and consent to the executive reappointment of Steve Pirner pursuant to the executive message as found on page 428 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White


    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

    The Senate proceeded to the consideration of the executive reappointment of Trevor Jones of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Public Safety.

    The question being "Does the Senate advise and consent to the executive reappointment of Trevor Jones pursuant to the executive message as found on page 461 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

    The Senate proceeded to the consideration of the executive reappointment of Dennis Kaemingk of Davison County, Mitchell, South Dakota, as the Secretary of the Department of Corrections.

    The question being "Does the Senate advise and consent to the executive reappointment of Dennis Kaemingk pursuant to the executive message as found on page 461 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White


    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1118: FOR AN ACT ENTITLED, An Act to provide for oversight of postsecondary technical institutes.

    Was read the second time.

    The question being "Shall HB 1118 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    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 1143: FOR AN ACT ENTITLED, An Act to increase the criminal violations that are subject to protection orders.

    Was read the second time.

    The question being "Shall HB 1143 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0


    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    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 1107: FOR AN ACT ENTITLED, An Act to revise the definition of certain alcoholic beverages that are classified as cider.

    Was read the second time.

    The question being "Shall HB 1107 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    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 1209: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to changes in terms of credit card agreements.

    Was read the second time.

    The question being "Shall HB 1209 pass?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0


    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    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 1235: FOR AN ACT ENTITLED, An Act to update the valuation manual related to the valuation of assets, liabilities, and reserves.

    Was read the second time.

    The question being "Shall HB 1235 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Excused:
Buhl O'Donnell; Ewing; Holien; Otten (Ernie)

    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.

    Sen. Rave moved that HJR 1002 and HB 1215, 1225, 1190, 1191, 1147, 1020, 1169, 1170, 1171, 1049, and 1047 be deferred to Monday, March 9, the 34th legislative day.

    Which motion prevailed.


SIGNING OF BILLS

    The President publicly read the title to

    SB 3: FOR AN ACT ENTITLED, An Act to provide for mediation of certain drainage disputes.

    SB 17: FOR AN ACT ENTITLED, An Act to revise the definition of motor vehicles that are subject to the lemon law.

    SB 43: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding lease purchase agreement payments and to ratify certain lease purchase agreements with the Health and Educational Facilities Authority.

    SB 48: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the operation of personal watercraft.

    SB 50: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction, reconstruction, renovation, and modernization of state park facilities and infrastructure at Custer State Park for the Department of Game, Fish and Parks, to make an appropriation therefor, and to declare an emergency.

    SB 98: FOR AN ACT ENTITLED, An Act to revise the provisions related to the financial accountability system.

    SB 101: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding cancer treatment medication coverage by insurance companies.

    SB 108: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to aggravated DUI's.

    SB 119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding abandoned mobile and manufactured homes.

    SB 126: FOR AN ACT ENTITLED, An Act to revise certain publications date citations for references to the International Building Code and International Property Maintenance Code.

    SB 159: FOR AN ACT ENTITLED, An Act to exempt certain amateur sports coaches from sales and use tax.

    SB 161: FOR AN ACT ENTITLED, An Act to allow certain fireworks to be used all year.

    SB 172: FOR AN ACT ENTITLED, An Act to strengthen the financial practices of the State of South Dakota.

    SB 173: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund, the water pollution control revolving fund subfund, and the drinking water

revolving fund subfund for various water and environmental purposes, to revise the state water plan, to increase the authority of the South Dakota Board of Water and Natural Resources to make consolidated water facilities construction program awards, and to declare an emergency.

    HB 1082: FOR AN ACT ENTITLED, An Act to allow a law enforcement officer to issue a citation without a notary.

    HB 1122: FOR AN ACT ENTITLED, An Act to authorize township boards to designate certain roads as no maintenance roads.

    HB 1142: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to the age requirements for sex offender registry registration.

    HB 1173: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding liability of parties involved in frivolous or malicious civil actions.

    And signed the same in the presence of the Senate.

    Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at 1:58 p.m. the Senate adjourned.

Kay Johnson, Secretary




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