Senate Journal 3/2/2016 02:00 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, March 2, 2016

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

The prayer was offered by the Chaplain, Pastor Peggy Stempson, followed by the Pledge of Allegiance led by Senate page Megan Simon.

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 thirtieth 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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 8, 33, 39, 52, 57, 114, and 120 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., March 2, 2016.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 6, 24, 25, 30, 102, 106, and 118 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1132, 1153, 1167, 1190, and 1243 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1099 and 1218 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 HB 1224 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 State Affairs respectfully reports that it has had under consideration HB 1060 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 6, of the House State Affairs Committee engrossed bill, after "insulting" insert ", except that the board may hold hearings to consider recommending names to the Legislature as offensive or insulting".

And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1234 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1110 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SB 63 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to return herewith SB 1, 6, 24, 25, 30, 102, 106, and 118 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1119 and 1208.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1042, 1043, and 1044 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1016: A CONCURRENT RESOLUTION, Expressing and encouraging support for the continued use of country-of-origin labels on meat products sold to consumers.

Sen. Heinert moved that the Senate do concur in HCR 1016 as found on page 713 of the House Journal.

The question being on Sen. Heinert's motion that HCR 1016 be concurred in.

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Bradford; Buhl O'Donnell; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heinert; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peterson (Jim); Rampelberg; Soholt; Sutton

Nays:
Brown; Cammack; Curd; Ewing; Heineman (Phyllis); Holien; Peters; Rusch; Shorma; Solano; 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 HCR 1016 was concurred in.

Sen. Peters moved that the Senate do concur in House amendments to SB 17.

The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 17.

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 two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Peters moved that the Senate do not concur in House amendments to SB 132 and 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 adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Peters, Tidemann, and Parsley.

Sen. Brown moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Thursday, March 3^rd, the 32^nd legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on HB 1094 as found on page 485 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1042: FOR AN ACT ENTITLED, An Act to establish the trust company receivership and liquidation captive insurance company fund and to make an appropriation therefor.

Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1 and placed it on the calendar of Thursday, March 3^rd, the 32^nd legislative day.

HB 1043: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

HB 1044: FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1238: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the Executive Board of the Legislative Research Council.

Was read the second time.

The question being "Shall HB 1238 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1135: FOR AN ACT ENTITLED, An Act to establish venue for certain actions arising out of real property lease agreements.

Was read the second time.

The question being "Shall HB 1135 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Was read the second time.

The question being "Shall HB 1138 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1096: FOR AN ACT ENTITLED, An Act to provide for the exemption of certain schools from a tuition limitation applied to some bordering state school districts.

Was read the second time.

The question being "Shall HB 1096 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1169: FOR AN ACT ENTITLED, An Act to allow a school district to operate an attendance center within another school district.

Was read the second time.

The question being "Shall HB 1169 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 49: FOR AN ACT ENTITLED, An Act to revise certain fees collected by the secretary of state to make an appropriation for an online business registration and filing system, and to declare an emergency.

Was read the second time.

The question being "Shall SB 49 pass as amended?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Jensen (Phil)

Excused:
Holien; Van Gerpen

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.

SB 67: FOR AN ACT ENTITLED, An Act to establish a postsecondary scholarship grant fund, to make an appropriation therefor, to transfer certain money, and to declare an emergency.

Was read the second time.

The question being "Shall SB 67 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

SB 46: FOR AN ACT ENTITLED, An Act to revise the notice filing fee for open-end management companies from a variable level tiered structure to a flat fixed fee.

Was read the second time.

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Sen. Peters moved that SB 46 be amended as follows:

On page 2, line 9, of the Joint Appropriations Committee engrossed bill, remove the overstrikes from everything after "." .

On page 2, remove the overstrikes from lines 10 and 11.

Which motion prevailed.

The question being "Shall SB 46 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

The question being on the title.

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Sen. Peters moved that the title to SB 46 be amended as follows:

On page 1, line 2, of the Joint Appropriations Committee engrossed bill, delete everything after "companies" and insert ".".

Which motion prevailed and the title was so amended.

SB 43: FOR AN ACT ENTITLED, An Act to increase the unemployment insurance penalty for failure to pay contributions or make reports.

Was read the second time.

The question being "Shall SB 43 pass?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Monroe; Novstrup (David); Olson; Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Vehle; White

Nays:
Greenfield (Brock); Holien; Hunhoff (Bernie); Jensen (Phil); Omdahl; Otten (Ernie); Sutton; Van Gerpen

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.

SB 92: FOR AN ACT ENTITLED, An Act to continue a math pilot project at the South Dakota School of Mines and Technology, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

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Sen. Haverly moved that SB 92 be amended as follows:

On page 1, line 4, of the printed bill, delete "There is hereby appropriated from the general fund" and insert "Not withstanding §§ 13-13-88 and 13-13-89, there is hereby appropriated".

On page 1, line 5, after "necessary," insert "in other fund expenditure authority,".

On page 1, line 6, after "Technology" insert ", payable from funds derived from the workforce education fund created in § 13-13-88,".

On page 1, line 10, delete everything after "obligated" .

On page 1, line 11, delete everything before "shall" .

Which motion prevailed.

The question being "Shall SB 92 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Greenfield (Brock); Otten (Ernie)

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.

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

Was read the second time.

The question being "Shall SB 96 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; 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:
Greenfield (Brock)

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 47: FOR AN ACT ENTITLED, An Act to reduce the unemployment contribution rates for certain employers and to provide for an unemployment insurance administrative fee.

Was read the second time.

The question being "Shall SB 47 pass as amended?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Greenfield (Brock); Jensen (Phil); Monroe; Omdahl

Excused:
Holien

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding county zoning.

Was read the second time.

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Sen. Hunhoff (Bernie) moved that HB 1140 be amended as follows:

On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That § 11-2-55 be amended to read:

11-2-55. ~~Appeals~~ An appeal to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the county affected by any decision of the administrative officer, that is not a ministerial act. The appeal shall be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds of the appeal. The officer from whom the appeal is taken shall transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property from one party shall be consolidated.

Section 2. That § 11-4-19 be amended to read:

11-4-19. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer which is not a ministerial act. Such appeal shall be taken within a reasonable time, as provided by the rules of such board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. All appeals relating to a particular action or property from one party shall be consolidated.

Which motion lost.

The question being "Shall HB 1140 pass as amended?"

And the roll being called:

Yeas 20, Nays 14, Excused 1, Absent 0

Yeas:
Brown; Cammack; Curd; Fiegen; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Novstrup (David); Olson; Omdahl; Peters; Rampelberg; Rusch; Soholt; Solano; Tidemann; Tieszen; Vehle; White

Nays:
Bradford; Buhl O'Donnell; Ewing; Frerichs; Heinert; Hunhoff (Bernie); Jensen (Phil); Monroe; Otten (Ernie); Parsley; Peterson (Jim); Shorma; Sutton; Van Gerpen

Excused:
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.

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 second time.

The question being "Shall HB 1125 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; 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; Van Gerpen; Vehle; White

Excused:
Holien

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 1075: FOR AN ACT ENTITLED, An Act to revise the area for certain open units where nonresident waterfowl licenses are issued.

Was read the second time.

The question being "Shall HB 1075 pass?"

And the roll being called:

Yeas 22, Nays 11, Excused 2, Absent 0

Yeas:
Bradford; Brown; Cammack; Curd; Frerichs; Greenfield (Brock); Haverly; Heineman (Phyllis); Heinert; Jensen (Phil); Olson; Omdahl; Otten (Ernie); Peterson (Jim); Rampelberg; Rusch; Shorma; Solano; Sutton; Tieszen; Van Gerpen; White

Nays:
Ewing; Fiegen; Haggar (Jenna); Hunhoff (Bernie); Monroe; Novstrup (David); Parsley; Peters; Soholt; Tidemann; Vehle

Excused:
Buhl O'Donnell; 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.

Sen. Brown moved that the balance of the calendar including HB 1005, 1045, 1079, 1143, 1144, 1145, 1157, 1177, and 1204 be deferred to Thursday, March 3^rd, the 32^nd legislative day.

Which motion prevailed.

Sen. Jensen moved that the Senate do now adjourn, which motion prevailed and at 4:10 p.m. the Senate adjourned.

Kay Johnson, Secretary