Senate Journal 3/3/2015 02:00 PM

JOURNAL OF THE SENATE

NINETIETH SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 3, 2015

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

The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate pages Blaze Jones and Ethan Weinheimer.

Roll Call: All members present except Sen. Lederman who was 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-ninth 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 26, 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 am honored to inform you that I have appointed Kelly Hepler, Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Game, Fish, and Parks.

This appointment is effective March 2, 2015.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 5, 56, 78, 87, and 88 and finds the same correctly enrolled.

Respectfully submitted,

Corey Brown, Chair

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1049 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1190 and returns the same with the recommendation that said bill be amended as follows:

1190ga

On page 1, line 7, of the House Appropriations Committee engrossed bill, delete "one dollar ($1)" and insert "two dollars ($2)".

On page 1, line 8, delete "one dollar ($1)" and insert "two dollars ($2)".

On page 1, line 13, delete "one dollar ($1)" and insert "two dollars ($2)".

On page 1, line 14, delete "one dollar ($1)" and insert "two dollars ($2)".

On page 2, line 5, delete "one dollar ($1) " and insert "two dollars ($2)".

On page 2, line 6, delete "one dollar ($1)" and insert "two dollars ($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 HB 1191 and returns the same with the recommendation that said bill be amended as follows:

1191ga

On page 1, line 4, of the House engrossed bill, delete "one dollar ($1)" and insert "two hundred fifty thousand dollars ($250,000)".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Appropriations respectfully reports that it has had under consideration HB 1092 which was tabled.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1195 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1201 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Lucas Lentsch of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Agriculture and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment. and be placed on the consent calendar.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1142 and 1173 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1082 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 Judiciary respectfully reports that it has had under consideration HB 1205 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill be amended as follows:

1103rc

On page 1, line 8, of the printed bill, delete "or the".

On page 1, line 9, delete everything before "but" .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of David R. Emery of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Pat Costello of Lincoln County, Sioux Falls, South Dakota, to the position of Commissioner of the Governor's Office of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Marcia Hultman of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Labor and Regulation and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that said reappointment be placed on the consent calendar.

Respectfully submitted,
R. Blake Curd, Chair

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 5, 56, 78, 87, and 88 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Rave moved that HCR 1008 be deferred to Wednesday, March 4, the 31^st legislative day.

Which motion prevailed.

HCR 1009: A CONCURRENT RESOLUTION, Designating 2015 as the "Year of Remembrance for the Centennial Since the Commencement of the Armenian Genocide of 1915-1923" in South Dakota and urging Congress and the President of the United States to formally and consistently recognize and reaffirm the historical truth that the atrocities committed against the Armenian, Greek, and other Christians living in their historical homelands in Anatolia constituted genocide and to work towards equitable, stable, and durable Armenian-Turkish relations and a fair, just, and comprehensive international resolution of this crime against humanity.

Was read the second time.

Sen. Greenfield (Brock) moved that the Senate do concur in HCR 1009 as found on page 512 of the House Journal.

Sen. Rave moved that HCR 1009 be laid on the table.

The question being on Sen. Rave's motion that HCR 1009 be laid on the table.

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Novstrup (David); Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Haggar (Jenna); Monroe; Olson; Rusch

Excused:
Lederman

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

Sen. Rave moved that HB 1002, 1047, 1128, and 1080 be placed to follow HB 1145 on today's calendar.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Steve Emery of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Tribal Affairs.

The question being "Does the Senate advise and consent to the executive appointment of Steve Emery pursuant to the executive message as found on page 460 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; 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; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
Lederman

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

The Senate proceeded to the consideration of the executive appointment of Tom Jones of Turner County, Viborg, South Dakota, to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive appointment of Tom Jones pursuant to the executive message as found on page 484 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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

The Senate proceeded to the consideration of the executive reappointment of Darin Berquist of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Transportation.

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

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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

CONSIDERATION OF EXECUTIVE APPOINTMENT CONSENT CALENDAR

The Senate proceeded to the consideration of the executive reappointment of James Hagen of Hughes County, Pierre, South Dakota, as the Secretary of the Department of Tourism.

The question being "Does the Senate advise and consent to the executive reappointment of James Hagen pursuant to the executive message as found on page 462 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 BILLS AND RESOLUTIONS

HB 1139: FOR AN ACT ENTITLED, An Act to revise certain procedures for competitive sealed bids by public purchasing agencies.

Was read the second time.

The question being "Shall HB 1139 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1165: FOR AN ACT ENTITLED, An Act to revise the composition requirement of the Historic Preservation Commission.

Was read the second time.

The question being "Shall HB 1165 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 repeal certain provisions regarding former state-owned rail lines.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1064: FOR AN ACT ENTITLED, An Act to prohibit unlawful self-dealing by state officers and employees.

Was read the second time.

The question being "Shall HB 1064 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1144: FOR AN ACT ENTITLED, An Act to repeal and revise certain unnecessary and outdated provisions related to state affairs and government.

Was read the second time.

The question being "Shall HB 1144 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1042: FOR AN ACT ENTITLED, An Act to authorize the Department of Public Safety to construct offices in Butte County and Roberts County, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall HB 1042 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state hosting and employee reimbursement policies.

Was read the second time.

The question being "Shall HB 1048 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Van Gerpen

Excused:
Lederman

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 1050: FOR AN ACT ENTITLED, An Act to repeal certain funds, to make revisions to receipts dedicated to the property tax reduction fund, and to create the general revenue replacement fund.

Was read the second time.

1050ma

Sen. Peters moved that HB 1050 be amended as follows:

On page 6, line 10, of the printed bill, after "year" insert "including any outstanding balance on repayments due to the budget reserve fund pursuant to a legislative act".

Which motion prevailed.

The question being "Shall HB 1050 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1030: FOR AN ACT ENTITLED, An Act to provide certain restrictions regarding the passing of a bicycle.

Was read the second time.

1030fb

Sen. Omdahl moved that HB 1030 be further amended as follows:

On page 1, line 14, of the House Transportation Committee engrossed bill, after "bicycle." Insert "The provisions of this section do not apply to any highway outside the incorporated boundaries of a municipality unless the highway has been designated for bicycle travel pursuant to section 2 of this Act.".

On page 1, after line 14, insert:

"Section 2. The Transportation Commission or board of county commissioners may designate a highway that may be used for bicycle travel. The highway may only be designated for bicycle travel if there is sufficient lane width in the highway to provide the separation distance required by section 1 of this Act. The commission or board shall identify the beginning and end point of the highway designated for bicycle travel. Signs shall be posted on the highway designated for bicycle travel to notify the motoring public of the beginning and end point and at regular intervals along the designated highway.".

Which motion lost.

The question being "Shall HB 1030 pass as amended?"

And the roll being called:

Yeas 27, Nays 7, Excused 1, Absent 0

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

Nays:
Brown; Ewing; Greenfield (Brock); Jensen (Phil); Olson; Omdahl; White

Excused:
Lederman

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 1124: FOR AN ACT ENTITLED, An Act to authorize motor vehicles to exceed the posted speed limit under certain conditions.

Was read the second time.

The question being "Shall HB 1124 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1177: FOR AN ACT ENTITLED, An Act to remove certain exceptions to campaign finance report filings.

Was read the second time.

The question being "Shall HB 1177 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Bradford; Buhl O'Donnell; Heinert; Hunhoff (Bernie)

Excused:
Lederman

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 1072: FOR AN ACT ENTITLED, An Act to provide that certain information regarding postsecondary technical institutes be given to parents and guardians of students in middle schools and high schools.

Was read the second time.

The question being "Shall HB 1072 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1073: FOR AN ACT ENTITLED, An Act to require a sex offender to report a change in vehicle status to law enforcement.

Was read the second time.

The question being "Shall HB 1073 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Lederman

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 1134: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the expungement of arrest records.

Was read the second time.

1134ja

Sen. Rusch moved that HB 1134 be amended as follows:

On page 1, line 8 of the printed bill, delete everything after "~~attorney~~" and insert "~~at any time after~~ After one year from the date the prosecuting".

On page 1, after line 10, insert:

"Section 2. That § 23A-3-30 be amended to read as follows:

23A-3-30. The court may enter an order of expungement ~~if satisfied~~ upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the order. ".

Which motion prevailed.

The question being "Shall HB 1134 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Vehle

Excused:
Lederman

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 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions related to social work licensure.

Was read the second time.

The question being "Shall HB 1013 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Haggar (Jenna); Holien; Jensen (Phil); Monroe; Omdahl

Excused:
Lederman

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 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contagious disease control quarantine measures.

Was read the second time.

The question being "Shall HB 1058 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Frerichs; Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Monroe; Novstrup (David); Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rave; Rusch; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Greenfield (Brock); Haggar (Jenna); Holien; Jensen (Phil); Olson

Excused:
Lederman

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 HB 1059, 1145, 1002, 1047, 1128, and 1080 be deferred to Wednesday, March 4, the 31^st legislative day.

Which motion prevailed.

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

MESSAGE FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 89 was lost on second reading and final passage.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 5: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the assessment and taxation of real property.

SB 56: FOR AN ACT ENTITLED, An Act to provide direction regarding the calculation of adjusted gross proceeds for the purpose of calculating the gaming tax.

SB 78: FOR AN ACT ENTITLED, An Act to authorize counties or medical providers to recover inmate healthcare costs from insurers.

SB 87: FOR AN ACT ENTITLED, An Act to revise the circumstances creating a vacancy in municipal office.

SB 88: FOR AN ACT ENTITLED, An Act to authorize emergency appointments to the municipal election board.

HB 1029: FOR AN ACT ENTITLED, An Act to revise certain requirements regarding high performance building design and construction standards for newly constructed or renovated state-owned buildings.

HB 1043: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete provisions regarding the Department of Education.

HB 1060: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain family physicians, dentists, physician assistants, and nurse practitioners who have complied with the requirements of the recruitment assistance program and to declare an emergency.

HB 1081: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding county officials and the board of county commissioners.

HB 1089: FOR AN ACT ENTITLED, An Act to ban the practice of female genital mutilation in the state, to provide a penalty therefor, and to declare an emergency.

HB 1090: FOR AN ACT ENTITLED, An Act to prohibit a person from serving as a member of a consumers power district board of directors in certain cases.

HB 1101: FOR AN ACT ENTITLED, An Act to ensure local control over curriculum and methods of instruction.

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of licensing massage therapists.

HB 1105: FOR AN ACT ENTITLED, An Act to provide for an affidavit creating a rebuttable presumption that a person is not an employee for purposes of workers' compensation and to provide a penalty therefor.

HB 1106: FOR AN ACT ENTITLED, An Act to establish the rights of municipal, county, or township officers in certain decision-making processes.

HB 1121: FOR AN ACT ENTITLED, An Act to authorize township boards to establish speed zones on township roads.

HB 1125: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice for meeting of public bodies.

HB 1135: FOR AN ACT ENTITLED, An Act to expand certain bonding provisions regarding local government officials and employees.

HB 1151: FOR AN ACT ENTITLED, An Act to improve public safety through confidential stress management services for emergency service providers.

HB 1189: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

HB 1229: FOR AN ACT ENTITLED, An Act to revise provisions related to the release of medical waste.

HJR 1003: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XIV of the Constitution of the State of South Dakota, relating to the authority of the Board of Regents.

And signed the same in the presence of the Senate.

Sen. Olson moved that the Senate do now adjourn, which motion prevailed and at 4:19 p.m. the Senate adjourned.

Kay Johnson, Secretary