JOURNAL OF THE SENATE

NINETY-FIRST SESSION



THIRTY-SEVENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 11, 2016

    The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Lauren Soulek and Rebekah Tuchscherer.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the Thirty-sixth 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.
COMMUNICATIONS AND PETITIONS

March 10, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2016, I approved Senate Bill 72, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

SIGNING OF BILLS

    The President publicly read the title to

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

    And signed the same in the presence of the Senate.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 48 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 82, 96, 131, and 168 were delivered to his Excellency, the Governor, for his approval at 3:00 p.m., March 10, 2016.

Respectfully submitted,
Gary Cammack, Chair
Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 86 and 170 which were tabled.

Respectfully submitted,
Deb Peters, Co-Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 48 which has passed the House without change.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the reports of the Conference Committees on HB 1044 and 1145.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Wink, Gosch, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.


Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Wink, Gosch, and Hawley as a committee of three on the part of the Senate to meet with a like committee on the part of the Senate pertaining to fixing the time of adjournment sine die for the Ninety-first Legislative Session.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 5 Introduced by: Senators 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

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-first Legislature of the State of South Dakota to Marissa Cruse, Alicia Hanson, Tea Hill, Kayli Kjerstad, Jackson Neal, Shauna Pauli, Ryan Solberg, Lauren Soulek, Rebekah Tuchscherer.

    WHEREAS, the above named served loyally as pages for the Senate of the Ninety-first Legislative Session; and

    WHEREAS, the members of the Ninety-first 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 Ninety-first 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. White moved that Senate Page Resolution 5 be adopted.

    The question being on Sen. White's motion that Senate Page Resolution 5 be adopted.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    Sen. Brown moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 29th, the 38th legislative day.

    Which motion prevailed.

    Sen. Brown moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to appropriating money for the ordinary expenses of the legislative, judicial and executive departments of the state, the expenses of state institutions, interest on the public debt and for common schools.

    The question being on Sen. Brown's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to appropriating money for the ordinary expenses of the legislative, judicial and executive departments of the state, the expenses of state institutions, interest on the public debt and for common schools.

    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.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 172 Introduced by: The Committee on Appropriations at the request of the Joint Committee on Appropriations

    FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the first time.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 172: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

    Was read the second time.

    The question being "Shall SB 172 pass?"

    And the roll being called:

    Yeas 29, Nays 6, Excused 0, Absent 0

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

    Nays:
Frerichs; Greenfield (Brock); Holien; Hunhoff (Bernie); Jensen (Phil); Olson

    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 Senate do now recess until 11:30 a.m., which motion prevailed and at 10:08 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 11:45 a.m, the President presiding.

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

COMMUNICATIONS AND PETITIONS

March 11, 2016

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 11, 2016, I approved Senate Bills 5, 22, and 54, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 172 and finds the same correctly enrolled.

Respectfully submitted,

Gary Cammack, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 172 which has passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

    SB 172: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

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

    HB 1145: FOR AN ACT ENTITLED, An Act to require accredited schools to accept transfer credits for courses taken by students from other accredited schools during the summer.

    And signed the same in the presence of the Senate.

    Sen. Brown moved that the Senate do now adjourn, which motion prevailed and at 11:47 a.m. the Senate adjourned.

Kay Johnson, Secretary