Senate Journal 2/10/2016 02:00 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 10, 2016

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

The prayer was offered by the Lt. Gov., Matt Michels, followed by the Pledge of Allegiance led by Senate page Haley Ketteler.

Roll Call: All members present except Sens. Curd and Holien 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 eighteenth 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,

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 113 and 122 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1113 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1087 and 1089 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 94 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary Cammack, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1051, 1091, 1112, 1125, 1138, and 1183 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1011 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rampelberg moved that the Senate do concur in House amendments to SB 20.

The question being on Sen. Rampelberg's motion that the Senate do concur in House amendments to SB 20.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Holien; 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.

HCR 1008: A CONCURRENT RESOLUTION, Urging Congress to support and to ask the United States Secretary of State to approve the Keystone XL Pipeline project.

Sen. Jensen moved that the Senate do concur in HCR 1008 as found on page 280 of the House Journal.

The question being on Sen. Jensen's motion that HCR 1008 be concurred in.

And the roll being called:

Yeas 23, Nays 9, Excused 3, Absent 0

Yeas:
Brown; Cammack; Ewing; Fiegen; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Rampelberg; Shorma; Solano; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley; Peterson (Jim); Rusch; Sutton

Excused:
Curd; Holien; Soholt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

HCR 1011: A CONCURRENT RESOLUTION, Opposing the recent actions of the EPA and the President with regards to the Waters of the United States federal rule and applauding the South Dakota congressional delegates who opposed such actions.

Was read the first time, the President waived the referral to committee, and placed HCR 1011 on the calendar of Thursday, February 11^th, the 20^th legislative day.

Sen. Brown moved that SB 107 and HB 1098 be deferred to Thursday, February 11^th, the 20^th legislative day.

Which motion prevailed.

Sen. Brown moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 11^th the 20^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 159 as found on page 257 of the Senate Journal; also

Joint Committee on Appropriations on SB 120 as found on page 257 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1051: FOR AN ACT ENTITLED, An Act to prohibit the use of certain automated sales suppression devices and to provide penalties for their use.

Was read the first time and referred to the Committee on Taxation.

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.

Was read the first time and referred to the Committee on Transportation.

HB 1112: FOR AN ACT ENTITLED, An Act to establish certain procedures regarding a transgender policy for the purposes of participation in high school activities and to declare void any present transgender policy of any association recognized under chapter 13-36.

Was read the first time and referred to the Committee on Education.

HB 1125: FOR AN ACT ENTITLED, An Act to limit the ability of a person to obtain a concealed pistol permit related to the restoration of civil rights and to declare an emergency.

Was read the first time and referred to the Committee on Judiciary.

HB 1138: FOR AN ACT ENTITLED, An Act to revise provisions related to the enhanced permit to carry a concealed pistol.

Was read the first time and referred to the Committee on Judiciary.

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

Was read the first time and referred to the Committee on Judiciary.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 66: FOR AN ACT ENTITLED, An Act to permit the issuance of special license plates to parents of certain individuals

Was read the second time.

The question being "Shall SB 66 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Holien; Soholt

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

Was read the second time.

The question being "Shall SB 104 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Holien; Soholt

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 138: FOR AN ACT ENTITLED, An Act to authorize the construction of a nursing home facility in Rosebud, South Dakota.

Was read the second time.

The question being "Shall SB 138 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Holien; Soholt

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 1011: FOR AN ACT ENTITLED, An Act to repeal certain obsolete and unnecessary statutes concerning game preserves and refuges.

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Holien; Soholt

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 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions pertaining to weights and measures.

Was read the second time.

The question being "Shall HB 1031 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Holien; Soholt

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 130: FOR AN ACT ENTITLED, An Act to require the processing of sexual assault exam kits.

Was read the second time.

Sen. Rusch moved that SB 130 be amended as follows:

On page 1, after line 10 of the printed bill, insert:

Nothing in this section may be construed as creating a defense for a defendant in any sexual assault case.".

Which motion prevailed.

The question being "Shall SB 130 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Holien

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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1084: FOR AN ACT ENTITLED, An Act to define when concurrent employment may be used to calculate earnings in workers' compensation cases.

Was read the second time.

The question being "Shall HB 1084 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Holien

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 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance requirements.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning petitions for initiated constitutional amendments, initiated measures, and candidates.

HB 1058: FOR AN ACT ENTITLED, An Act to revise the procedure for recovery of abandoned mineral interests.

And signed the same in the presence of the Senate.

Sen. Heinert moved that the Senate do now adjourn, which motion prevailed and at 3:07 p.m. the Senate adjourned.

Kay Johnson, Secretary