SD Legislature Logo
Site Search:   
2016 Bill Quickfind:   



Members Calendars Journals Agendas

Senate Journals

Printer Friendly

Senate Journal 3/10/2016 10:30 AM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION




THIRTY-SIXTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 10, 2016

    The Senate convened at 10:30 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate pages Tea Hill and Ryan Solberg.

    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-fifth 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.
ANNOUNCEMENTS

    The President announced Sens. Peters, Tidemann, and Buhl O'Donnell as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1044.

    The President announced Sens. Peters, Solano, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1145.

COMMUNICATIONS AND PETITIONS

March 9, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 9, 2016, I approved Senate Bills 16, 17, 23, 34, 42, 50, 53, 55, 59, 71, 73, 74, 75, and 150, 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 82, 96, 131, and 168 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 48 and returns the same with the recommendation that said bill be amended as follows:

48nc

    On page 1, line 7, of the printed bill, delete "$1,723,801" and insert "$789,611".

    On page 1, line 8, delete "$1,084,986" and insert "$638,221".

    On page 1, line 9, delete "$2,404,432" and insert "$1,405,785".

    On page 9, between lines 6 and 7, insert:

"    Section 37. The state treasurer shall transfer from the tuition and fees fund created by § 13-53-15 to the Board of Regents other budgeted fund the sum of one hundred thirty-seven thousand one hundred seventy dollars for the purpose of supporting the need based scholarship.".


48da

    On page 2, line 9, of the printed bill, delete "$12,511,624" and insert "$12,968,241".

48nd

    On page 2, between lines 21 and 22 of the printed bill, insert:

"    That section 8 of chapter 31 of the 2015 Session Laws be amended to read:

DEPARTMENT OF SOCIAL SERVICES

    (4) Children's Services

        Operating Expenses, General Funds, delete $32,030,441" and insert "$30,968,454"

Adjust all totals accordingly.".


    On page 3, line 1, delete "$44,582,353" and insert "$42,508,133".

48na

    On page 3, between lines 12 and 13 of the printed bill, insert:

"
    Section 10. That section 10 of chapter 31 of the 2015 Session Laws be amended to read:

DEPARTMENT OF LABOR AND REGULATION

    (2) Unemployment Insurance Services


        Operating Expenses, General Funds, delete "$0" and insert "$150,000"

Adjust all totals accordingly.".


48ma

    On page 4, line 2, of the printed bill, delete "$344,619,770" and insert "$344,885,182".

48db

    On page 8, between lines 2 and 3 of the printed bill, insert:

"    (9) Youth Challenge Center

        Personal Services, General Funds, delete "$1,343,955" and insert "$1,171,905"

        Operating Expenses, General Funds, delete "$112,026" and insert "$97,383"

Adjust all totals accordingly.

    (10) Patrick Henry Brady

        Personal Services, General Funds, delete "$1,353,892" and insert "$1,180,343"

        Operating Expenses, General Funds, delete "$94,705" and insert "$82,353"

Adjust all totals accordingly.".


    On page 8, between lines 3 and 4, insert:

"        Personal Services, General Funds, delete "$2,623,121" and insert "$2,288,896".


    On page 8, line 4, delete "$2,412,975" and insert "$2,104,226".

    On page 8, between lines 5 and 6, insert:

"    (12) Quest

        Personal Services, General Funds, delete "$1,199,181" and insert "$1,046,134"

        Operating Expenses, General Funds, delete "$92,683" and insert "$80,564"

Adjust all totals accordingly.".



    These adjustments are due to the lower than anticipated juvenile placements within the Department of Corrections. The total reduction is $1,180,734.

48mb

    On page 9, line 5, of the printed bill, after "dollars" insert ", or so much thereof that may be available,".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Peters, Co-Chair

REPORTS OF CONFERENCE COMMITTEES

cc44a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 44 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 44 and do not appoint a new committee.

Respectfully submitted,                Respectfully submitted,
Timothy Johns                    Craig Tieszen
House Committee Chair                Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1088, 1091, 1134, 1212, and 1242.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Johns, Stevens, and Steinhauer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 44.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1145 and has appointed Reps. Solum, Haggar (Don), and Hawks as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1044 and has appointed Reps. Mickelson, Cronin, and Ring as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Brown 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. Cammack, Brown, and Sutton.

    Sen. Brown 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 pertaining to fixing the time of adjournment sine die for the Ninety-first Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Otten, Soholt, and Sutton.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Joint Committee on Appropriations on SB 48 as found on page 596 of the Senate Journal be adopted.

    Which motion prevailed.



CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

    Sen. Brown moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-second Legislative Session as found on page 585 of the Senate Journal be adopted.

    Which motion prevailed.

    Sen. Brown moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-second Legislative Session as found on page 585 of the Senate Journal be adopted.

    The question being on Sen. Brown's motion that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-second Legislative Session be adopted.

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

    Yeas:
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

    Nays:
Bradford

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

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Tieszen moved that the report of the Conference Committee on SB 44 as found on page 599 of the Senate Journal be adopted.

    The question being on Sen. Tieszen's motion that the report of the Conference Committee on SB 44 be adopted.

    And the roll being called:

    Yeas 32, Nays 3, 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); Novstrup (David); Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Monroe; Olson; Omdahl

    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.

SIGNING OF BILLS

    The President publicly read the title to

    SB 82: FOR AN ACT ENTITLED, An Act to establish the Native American achievement schools grant program.

    SB 96: FOR AN ACT ENTITLED, An Act to revise the expense reimbursement for members of the Board of Pardons and Paroles.

    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.

    SB 168: FOR AN ACT ENTITLED, An Act to revise provisions related to human trafficking and to provide a penalty therefor.

    And signed the same in the presence of the Senate.

    Sen. Brown moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 11:05 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:20 p.m., the President presiding.

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


COMMUNICATIONS AND PETITIONS

March 10, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2016, I approved Senate Bills 1, 3, 6, 24, 25, 30, 97, 116, and 118, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 10, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2016, I approved Senate Bills 79, 80, and 102, 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 Legislative Procedure respectfully reports that SB 9, 26, 43, 45, 49, 64, 65, 67, 72, 81, 92, 98, 100, 104, 112, 140, 143, 148, 158, 159, 162, and 169 were delivered to his Excellency, the Governor, for his approval at 11:40 a.m., March 10, 2016.

Respectfully submitted,
Gary Cammack, Chair


REPORTS OF CONFERENCE COMMITTEES

cc1145a

MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1145 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1145 be amended as follows:

1145cd


    On page 2, line 4, of the Senate engrossed bill, delete everything after "." .

    On page 2, delete line 5.

Respectfully submitted,                Respectfully submitted,
Roger Solum                        Deb Peters
House Committee Chair                Senate Committee Chair

cc1044a

Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1044 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1044 be amended as follows:

1044ja


    On page 1, line 6, of the Senate engrossed bill, delete everything after "shall be" and insert "eight dollars and seventy-two and seven tenths cents seven dollars and sixty-three cents".

    On page 1, line 11, remove the overstrikes from "and fifty-six and eight tenths cents".

    On page 2, line 2, after "cents" insert "and sixty-eight and seven-tenths cents".

Respectfully submitted,                Respectfully submitted,
G. Mark Mickelson                    Deb Peters
House Committee Chair                Senate Committee Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to the Joint Rules for the two houses for the Ninety-second Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of arranging legislative days for the Ninety-second Legislative Session.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on SB 44.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Brown moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Friday, March 11, the 37th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Peters moved that the report of the Conference Committee on HB 1044 as found on page 604 of the Senate Journal be adopted.

    The question being on Sen. Peters' motion that the report of the Conference Committee on HB 1044 be adopted.

    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 report was adopted.

    Sen. Peters moved that the report of the Conference Committee on HB 1145 as found on page 604 of the Senate Journal be adopted.

    The question being on Sen. Peters' motion that the report of the Conference Committee on HB 1145 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; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Nays:
Hunhoff (Bernie); 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 report was adopted.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 48: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2016.

    Was read the second time.

    The question being "Shall SB 48 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 4, 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); Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

    Nays:
Greenfield (Brock); Jensen (Phil); Olson; Parsley

    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 1060: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Board on Geographic Names.

    HB 1088: FOR AN ACT ENTITLED, An Act to revise and consolidate certain civil forfeiture provisions.

    HB 1091: FOR AN ACT ENTITLED, An Act to establish certain requirements regarding insurance for vehicles used to provide rides for a transportation network company and to exempt vehicles used to provide these rides from certain commercial licensing requirements.

    HB 1134: FOR AN ACT ENTITLED, An Act to provide for access to certain property for the purpose of making surveys.

    HB 1183: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the jurisdiction of magistrate courts to issue protection orders.

    HB 1212: FOR AN ACT ENTITLED, An Act to revise requirements related to pregnancy help centers

    HB 1242: FOR AN ACT ENTITLED, An Act to authorize certain persons to request a security freeze on the credit report of a protected consumer.

    And signed the same in the presence of the Senate.

    Sen. Van Gerpen moved that the Senate do now adjourn, which motion prevailed and at 1:37 p.m. the Senate adjourned.

Kay Johnson, Secretary



^ Back to Top