JOURNAL OF THE SENATE

NINETIETH SESSION



TWENTY-FIFTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 20, 2015

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

    The prayer was offered by the Chaplain, Dodie Noordermeer, followed by the Pledge of Allegiance led by Senate page Jake Rysdon.

    Roll Call: All members present except Sens. Greenfield (Brock), Ewing, Peterson (Jim), and White 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 twenty-fourth 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

January 27, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have appointed Kimberley Malsam-Rysdon, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Health.

    This appointment was effective January 26, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

January 9, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have appointed Steve Emery, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tribal Affairs.

    This appointment was effective October 27, 2014.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on State Affairs.

January 20, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have reappointed Dennis Kaemingk, Davison County, Mitchell, South Dakota, to the position of Secretary of the Department of Corrections.

    This appointment was effective January 12, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.

January 20, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have reappointed Trevor Jones, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Public Safety.

    This appointment was effective January 12, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Judiciary.

January 20, 2015

The Honorable Matt Michels
President of the Senate

500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have reappointed Darin Bergquist, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Transportation.

    This appointment was effective January 12, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Transportation.

January 20, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070

Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have reappointed James Hagen, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Tourism.

    This appointment was effective January 12, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on State Affairs.

January 20, 2015

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501-5070


Dear Mr. President and Members of the Senate:

    Pursuant to the provisions of Article IV, Section 9, of the Constitution and subject to your consent, I have the honor to inform you that I have reappointed Lynne Valenti, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Social Services.

    This appointment was effective January 12, 2015.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the reappointment to the Committee on Health and Human Services.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 16, 40, 77, and 85 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., February 20, 2015.

Respectfully submitted,
Corey Brown, Chair

Also MR. PRESIDENT:

    The Committee on Transportation 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.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 185 which was tabled.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 53 and 54 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 SB 52 and returns the same with the recommendation that said bill be amended as follows:

52gb

    On page 1 of the printed bill, delete lines 4 to 11, inclusive, and insert:

    "Section 1. That § 4-5-30.1 be amended to read as follows:

    4-5-30.1. Notwithstanding the provisions of § 4-5-30, on or about June first of each fiscal year the state investment officer shall estimate the proration due to the general fund for the next fiscal year. No later than June fifteenth of that fiscal year, the state investment officer shall credit the general fund with an amount equal to ninety fifty percent of the estimated proration due to the general fund for the next fiscal year. At such time that the actual proration to the general fund is determined, the state investment officer shall credit or debit the remaining proration due to the general fund.

    Section 2. That § 4-5-30.1 be repealed on June 1, 2016.".


52gta

    On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 106 and returns the same with the recommendation that said bill be amended as follows:

106gb

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. There is hereby appropriated from the general fund the sum of one dollar ($1) or so much thereof as may be necessary, to the Department of Education to provide additional funding to the South Dakota technical institutes.

    Section 2. The secretary of education shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."


106gta

    On page 1, line 1, of the printed bill, after "institutes" insert ", to make an appropriation therefor, and to declare an emergency".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 176 and returns the same with the recommendation that said bill be amended as follows:

176ga

    On page 1, line 4, of the printed bill, delete "five hundred" and insert "one dollar ($1)".

    On page 1, line 5, delete "thousand dollars ($500,000)".

176gb

    On page 1, after line 12 of the printed bill, insert:

    "Section 4. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


176gtb

    On page 1, line 2, of the printed bill, delete "and".

    On page 1, line 2, after "therefor" insert ", and to declare an emergency".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 193 and returns the same with the recommendation that said bill be amended as follows:

193md

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    Terms used in this Act mean:

            (1)    "Agency," a state agency, department, division, program, or office of any state agency, bureau, authority, institution, council, board, commission, or program of state government. This term does not include any unit of local government;

            (2)    "Committee," the Government Operations and Audit Committee;

    Section 2. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    During each interim, the committee shall conduct agency evaluations which may consider any of the following:

            (1)    Whether the funds which have been appropriated or otherwise allotted by the Legislature to the various state agencies have been expended in accordance with legislative intent;

            (2)    Whether programs administered by the agencies are being conducted according to legislative intent;

            (3)    Whether money and other assets for which the agency is responsible have been properly administered;

            (4)    Whether reports and financial statements of the agency adequately disclose the nature and scope of the activities conducted and provide a proper basis for evaluating the agency's operations;

            (5)    Whether there is duplication or overlap of services;

            (6)    Whether there are alternative means of achieving the same results;

            (7)    Whether the committee agrees with the goals of the agency;

            (8)    Whether the committee agrees with the objectives of the agency;

            (9)    Whether the objectives are measurable and have identified targets or benchmarks;

            (10)    Whether the agency's performance measures can determine progress toward the targets or benchmarks; and

            (11)    Any other factors relating to the efficiency, economy, and effectiveness of the agency being evaluated.

    Section 3. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:
    The committee shall develop a schedule for evaluating each state agency. The committee shall ensure that each agency is evaluated at least once every eight years, except any agency the committee exempts from evaluation.

    Section 4. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    The committee shall provide the results of the evaluations to the Executive Board of the Legislative Research Council in a written report by December first of each year.

    Section 5. That chapter 2-6 be amended by adding thereto a NEW SECTION to read as follows:

    Any officer or employee of a state agency subject to the evaluations required in this Act shall fully assist the committee during the course of the evaluation. The committee and staff shall have access to and authority to examine all books, records, accounts, files, correspondence, and all other documents, confidential or otherwise, maintained by the agency or its employees during the course of agency business. The committee and staff shall maintain as confidential any information received that is specifically enjoined to be held confidential by law.

    Section 6. This Act is effective January 1, 2016."


193mta

    On page 1, line 1, of the printed bill, delete everything after "of" and insert "state government agencies and require a report.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 50 and returns the same with the recommendation that said bill be amended as follows:

50ja

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

    "Section 7. If at any point in time, the Department of Game, Fish and Park requests the Building Authority to issue bonds to finance the costs authorized in section 1 of this Act, or to restore the amounts appropriated to the Custer State Park improvement fund as provided in section 2 of this Act, the Building Authority shall issue bonds for such purposes using such combination of tax exempt and taxable bonds as it deems necessary or appropriate.".


    On page 4, line 4, delete "9" and insert "10".
50ge

    On page 2, line 2, of the printed bill, delete "general" and insert "budget reserve".

    On page 2, line 9, after "interest" delete ", to the general fund".

    On page 2, line 9, before "shall" delete "general fund" and insert "state".

    On page 2, line 10, delete "from the general fund".

    On page 2, line 15, delete "to the general fund".

    On page 2, line 16, delete "general fund." and insert "state. Principal payments shall be deposited in the budget reserve fund and interest payments shall be deposited in the general fund.".

    On page 2, line 17, delete "general fund" and insert "state".

    On page 2, line 24, before "until" delete "general fund" and insert "state".

    On page 2, line 24, delete "from the general fund".

    On page 3, line 4, delete "from the general fund" and insert "pursuant to section 2 of this Act".

    On page 3, line 6, delete "general" insert "budget reserve".

    On page 3, line 8, delete "general fund" and insert "state".

    On page 3, line 9, delete "from the".

    On page 3, line 10, delete "general fund".

    On page 3, line 12, delete "from the general fund".

    On page 3, line 24, delete "from the general fund".

    On page 4, line 2, delete "general fund" and insert "amounts appropriated pursuant to section 2 of this Act".

    On page 4, line 9, delete "Except as provided in section 2 of this Act, no" and insert "No".

    And that as so amended said bill do pass.


Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill be amended as follows:

55ga

    On page 9 of the printed bill, delete lines 8 to 12, inclusive.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 99 and returns the same with the recommendation that said bill be amended as follows:

99ga

    On page 2, line 1, of the printed bill, delete "nine million" and insert "one dollar ($1)".

    On page 2, line 2, delete "dollars ($9,000,000)".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 181 and returns the same with the recommendation that said bill be amended as follows:

181gb

    On page 1, line 4, of the printed bill, delete "three million one" and insert "one dollar ($1)".

    On page 1, line 5, delete "hundred ninety-nine thousand five hundred forty-eight dollars ($3,199,548)".

    On page 1, line 8, delete "seven hundred" and insert "one dollar ($1)".

    On page 1, line 9, delete "thirty-five thousand eight hundred ninety-six dollars ($735,896)".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Appropriations respectfully reports that it has had under consideration SB 144, 145, 147, 157, 163, and 169 which were tabled.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 119 and returns the same with the recommendation that said bill be amended as follows:

119oa

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 21-54 be amended by adding thereto a NEW SECTION to read as follows:

    An owner of an unencumbered, except for taxes owed, mobile home or manufactured home may voluntarily transfer title of the mobile home or manufactured home, for the sole purpose of disposal, to the owner of the real property upon which the mobile home or manufactured home is located. The treasurer shall issue a title to the owner of the real property on which the mobile home or manufactured home is located, without payment or obligation to pay any taxes owed on the home at the time of acquisition.

    Prior to disposal, the owner of the real property shall submit an affidavit for disposal of the mobile home or manufactured home, and the properly endorsed title, to the county treasurer verifying that title was transferred for disposal purposes only and that no consideration was exchanged.

    If the owner of the real property is moving the mobile home or manufactured home as part of the disposal process, the county treasurer shall issue the permit provided by § 32-5-16.3 to move the mobile home or manufactured home for disposal purposes without receiving payment of taxes owed on the mobile home or manufactured home.

    The owner of the real property has ninety days from the date of the affidavit to dispose of the mobile home or manufactured home and to surrender the title to the county treasurer. The county treasurer may allow an additional sixty days for disposal upon request by the owner of the mobile home or manufactured home upon good cause shown for such additional days. If the title is not timely surrendered to the county treasurer, the owner of the real property is liable for all taxes owed on the mobile home or manufactured home.

    The Department of Revenue shall prescribe the form for the affidavit required by this section.

    Section 2. The county treasurer shall deliver the affidavit filed pursuant to section 1 of this Act to the board of county commissioners after issuance of the permit. Upon receipt of the affidavit, the board of county commissioners shall abate any taxes owed on the mobile home or manufactured home pursuant to the provisions of § 21-54-19. However, if the owner of the real property failed to timely surrender the title to the county treasurer, the board may not abate any taxes owed on the mobile home or manufactured home."


    And that as so amended said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1079, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

1079ja

    On page 1, line 5, of the printed bill, delete "September" and insert "November".

    On page 1, line 6, delete "thirtieth" and insert "fifteenth".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1155 which was tabled.

Respectfully submitted,
Bruce Rampelberg, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SCR 5 in which the House has concurred.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1107 and 1230 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 3 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 Caroline Crinion, Avery Del Grosso, Gerald Fraas, Christine Keller, Jeanette Klein, Logan Larsen, Joshua Liester, Jake Rysdon, Chantel Schroer, Maria Schwader, Andrew Silva, Madeline Tyrell, Bailey Willems

    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. Cammack moved that Senate Page Resolution 3 be adopted.

    The question being on Sen. Cammack's motion that Senate Page Resolution 3 be adopted.

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); White

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

    Yesterday, Sen. Monroe announced his intention to reconsider the vote by which SB 159 lost.

    Sen. Monroe moved that the Senate do now reconsider the vote by which SB 159 lost.

    The question being on Sen. Monroe's motion to reconsider the vote by which SB 159 lost.

    And the roll being called:

    Yeas 28, Nays 3, Excused 4, Absent 0

    Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle

    Nays:
Buhl O'Donnell; Omdahl; Peters

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); White

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 159 was up for reconsideration and final passage.

    Sen. Monroe moved that SB 159 be deferred to Tuesday, February 24, the 26th legislative day.

    Which motion prevailed.


FIRST READING OF CONCURRENT RESOLUTIONS

    SCR 7 Introduced by: Senators Buhl O'Donnell, Bradford, Brown, Cammack, Frerichs, Heinert, Holien, Hunhoff (Bernie), Lederman, Novstrup (David), Parsley, Peters, Rampelberg, Rave, Rusch, Soholt, Solano, Sutton, Tidemann, Tieszen, and Vehle and Representatives Bartling, Bordeaux, DiSanto, Feickert, Gibson, Greenfield (Lana), Hawks, Hawley, Hickey, Hunhoff (Jean), Killer, Kirschman, McCleerey, Ring, Schrempp, Soli, and Wollmann

        A CONCURRENT RESOLUTION, Commending and recognizing the numerous contributions made by South Dakota's social workers.

    WHEREAS, the primary mission of the social work profession is to enhance well-being and help meet the basic needs of all people, especially the most vulnerable in society; and

    WHEREAS, social work pioneers helped lead America's struggle for social justice and pave the way for positive social change; and

    WHEREAS, social workers have a unique understanding that more must be done to address

persistent social problems; and

    WHEREAS, social workers are change agents who put the ideals of citizenship into action everyday through major legislative, regulatory, and social policy victories; and

    WHEREAS, social workers support diverse families in every community, understanding that individuals and communities together can bring about group change; and

    WHEREAS, social workers continue to work to improve the rights of women, Native Americans and other ethnic minorities, and the LGBT community; and

    WHEREAS, social workers apply their research and legislative advocacy skills to transform community needs into national priorities; and

    WHEREAS, social workers know from experience that discrimination of any kind limits human potential and must be eliminated; and

    WHEREAS, social workers know from experience that poverty and trauma can create lifelong social and economic disadvantages; and

    WHEREAS, social workers help people in every stage of life function better in their environments, improve their relationships with others, and solve personal and family problems; and

    WHEREAS, all children have the right to safe environments and quality education; and

    WHEREAS, dignity and care-giving for older adults help define a nation's character; and

    WHEREAS, veterans and their families need community support to ensure successful transitions after service; and

    WHEREAS, access to mental health treatment and health care services saves millions of lives; and

    WHEREAS, research shows that all people, no matter their circumstance, at some time in their lives, may need the expertise of a skilled social worker; and

    WHEREAS, social workers celebrate the courage, hope, and strength of the human spirit throughout their careers:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninetieth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature of the State of South Dakota commends and recognizes the numerous contributions made by South Dakota's social workers; and

    BE IT FURTHER RESOLVED, that the Legislature designates March 2015, as National Social Work Month and calls upon all South Dakotans to join with the National Association of Social Workers, the South Dakota Chapter, and the State of South Dakota in celebration and support of the social work profession.

    Was read the first time, the President waived the referral to committee, and placed SCR 7 on the calendar of Tuesday, February 24, the 26th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce and Energy on SB 101 as found on page 443 of the Senate Journal; also

    Commerce and Energy on HB 1027 as found on page 444 of the Senate Journal be adopted.

    Which motion prevailed.

MOTIONS AND RESOLUTIONS

    Sen. Heineman (Phyllis) moved that SB 189 be placed on the calendar of Tuesday, February 24, the 26th legislative day, pursuant to JR 6F-6.

    The question being on Sen. Heineman's motion that SB 189 be placed on the calendar of Tuesday, February 24, the 26th legislative day, pursuant to JR 6F-6.

    And the roll being called:

    Yeas 24, Nays 7, Excused 4, Absent 0

    Yeas:
Brown; Cammack; Curd; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Hunhoff (Bernie); Jensen (Phil); Lederman; Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Rampelberg; Rave; Rusch; Solano; Tieszen; Van Gerpen; Vehle

    Nays:
Bradford; Buhl O'Donnell; Heinert; Peters; Soholt; Sutton; Tidemann

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); White

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 189 was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

    Was read the first time and referred to the Committee on Commerce and Energy.

    HB 1230: FOR AN ACT ENTITLED, An Act to affirm the sanctity of human life.

    Was read the first time and referred to the Committee on Health and Human Services.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Deb Shephard of Codington County, Watertown, South Dakota, to the S.D. Board of Education.

    The question being "Does the Senate advise and consent to the executive appointment of Deb Shephard pursuant to the executive message as found on page 256 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); White

    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 Patrick J. Burchill of Pennington County, Rapid City, South Dakota, to the S.D. Ellsworth Development Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of Patrick J. Burchill pursuant to the executive message as found on page 257 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); White

    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 Douglas J. Hajek of Minnehaha County, Sioux Falls, South Dakota, to the S.D. Building Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of Douglas J. Hajek pursuant to the executive message as found on page 256 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); White

    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 1120: FOR AN ACT ENTITLED, An Act to revise the provisions related to phase in rate plans for plant additions.

    Was read the second time.

    The question being "Shall HB 1120 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Ewing; Greenfield (Brock); Peterson (Jim); 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.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 139 and 140 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 134 and returns the same with the recommendation that said bill be amended as follows:

134ca

    On the printed bill, delete everything after the enacting clause and insert:

    "Section 1. That chapter 13-6 be amended by adding thereto a NEW SECTION to read as follows:

    Notwithstanding the provisions of any other law, no minor boundary change may be proposed during the period of time beginning on April 1, 2015, and ending on June 30, 2016.

    Section 2. There is hereby established the school district boundary task force. The task force shall examine the boundaries of the existing school districts and recommend possible changes to those school district boundaries. The task force will also recommend a process for addressing minor boundary changes in the future once the moratorium established in section 1 of this Act has ended. The task force will not discuss or make any recommendations regarding school district reorganization.

    Section 3. The task force shall consist of nine members to be appointed as follows:

            (1)    Three members of the South Dakota Senate appointed by the president pro tempore of the Senate;

            (2)    Three members of the South Dakota House of Representatives appointed by the speaker of the House of Representatives; and

            (3)    Three members appointed by the Governor.

    Section 4. The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as a legislative interim committee. The task force shall complete its work and submit a final report to the Executive Board no later than December 1, 2015.

    Section 5. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

134oa

    On the previously adopted amendment (134ca), at the end of subdivision (1) of section 3, after "Senate" insert ", no more than two of whom may be from one political party".

    On the previously adopted amendment (134ca), at the end of subdivision (2) of section 3 after "Representatives" insert ", no more than two of whom may be from one political party".

134cta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "prohibit minor boundary changes for one year, to establish the school district boundary task force, and to declare an emergency.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 103, 148, 149, 150, and 151 which were tabled.

Respectfully submitted,
Tim Rave, Chair

    Sen. Rave moved that SB 141, 142, 192, 91, 92, and 3 and HB 1081, 1080, 1089, 1130, 1058, 1059, 1043, and 1013 be deferred to Tuesday, February 24, the 26th legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1076: FOR AN ACT ENTITLED, An Act to permit the submission of a title insurance policy in lieu of an abstract in certain instances.

    HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions related to transferable interests in limited liability partnerships.

    HB 1119: FOR AN ACT ENTITLED, An Act to revise certain adoption proceedings regarding the adult adoption of biological children.

    HB 1178: FOR AN ACT ENTITLED, An Act to provide for the creation of an entity for the purpose of insurance contracts in certain instances.

    HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of captive insurance companies.

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 19 Introduced by: Senators Otten (Ernie), Brown, Lederman, and Rave and Representatives Otten (Herman) and Latterell

        A LEGISLATIVE COMMEMORATION, Commending and honoring the Lennox School FFA chapter.

    WHEREAS, the Lennox FFA chapter, advised by Jim Wilson, has exhibited exemplary citizenship and leadership in agriculture; and

    WHEREAS, the Lennox FFA Ag Issues team including, Mahli Strasser (president), Brady Klock (vice president), Molly Kroeger (secretary), Brady Jandl (treasurer), John Steever (reporter), Grant Sweeter (sentinel), Mason Oltmanns (student advisor), and Jacob Ziegler (alternate), placed second at the South Dakota FFA Convention; and

    WHEREAS, Molly Kroeger won a state title as an individual competitor in the Public Speaking CDE:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Lennox High School FFA chapter and its members are commended and honored for their work in agricultural leadership.

    SC 20 Introduced by: Senators Otten (Ernie), Brown, Lederman, and Rave and Representatives Otten (Herman) and Latterell

        A LEGISLATIVE COMMEMORATION, Honoring and celebrating Leslie Fylling upon receiving the Teacher of the Year award, presented by the Tea Area Parent Teacher Organization.

    WHEREAS, Leslie Fylling was chosen as the Tea Area School District's first Teacher of the Year; and

    WHEREAS, Leslie Fylling, an elementary music instructor, has demonstrated outstanding performance and dedication in the classroom; and

    WHEREAS, Leslie Fylling has been a leader in creating an engaging and inspiring presence that motivates and impacts her students, colleagues, and the community:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that Leslie Fylling is congratulated upon her selection as Teacher of the Year.

    SC 21 Introduced by: Senators Tidemann, Brown, Cammack, Ewing, Haverly, Hunhoff (Bernie), Monroe, Olson, Omdahl, Otten (Ernie), Peters, Rampelberg, Rave, Rusch, Solano, Tieszen, Van Gerpen, and Vehle and Representatives Hawley, Bartling, Beal, Bolin, Campbell, Conzet, Deutsch, DiSanto, Duvall, Greenfield (Lana), Haggar (Don), Harrison, Haugaard, Hawks, Hickey, Hunt, Jensen (Alex), Langer, Mickelson, Munsterman, Novstrup (Al), Otten (Herman), Qualm, Rasmussen, Rounds, Sly, Solum, Stalzer, Stevens, Verchio, Westra, Wiik, Willadsen, Wink, and Zikmund

        A LEGISLATIVE COMMEMORATION, recognizing and commending the 100th anniversary of the Order of the Arrow, the National Honor Society of the Boy Scouts of America.

    WHEREAS, July 16, 2015, will be the 100th anniversary of the Order of the Arrow, the National Honor Society of the Boy Scouts of America. Founded in 1915, the Order of the Arrow currently has over 170,000 active members worldwide; and

    WHEREAS, the Order of the Arrow program is based around the concept of a brotherhood of cheerful service. Nationally, as well as locally, Arrowmen, as members are known, provide countless hours of selfless service to local organizations. Through this cheerful service, scouts are instilled with values that will reflect throughout their entire life; and

    WHEREAS, in South Dakota, the Order of the Arrow was founded in the late 1930s. The east river portion of the program, serving the Sioux Council of the Boy Scouts of America under the name of Tetonwana Lodge 105, was founded in 1937 in Brookings. The west river portion of the program, serving the Black Hills Area Council of the Boy Scouts of America under the name Crazy Horse Lodge 171, was founded in 1939 in Rapid City; and

    WHEREAS, since their founding, thousands of South Dakota Boy Scouts have passed through the program, many of whom have gone on to become outstanding and successful citizens:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninetieth Legislature of the State of South Dakota, that the Legislature commends the Order of the Arrow of the Boy Scouts of America on 100 years of service and for their outstanding character and leadership skills.

    Sen. Haggar (Jenna) moved that the Senate do now adjourn, which motion prevailed and at 1:46 p.m. the Senate adjourned.

Kay Johnson, Secretary