Senate Journal 1/18/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 18, 2017

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

The prayer was offered by the Chaplain, Rev. Kimberley LaPlante, followed by the Pledge of Allegiance led by Senate page Ashlynne Beninga.

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 fifth 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,

Brock L. Greenfield, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 22 and 40 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 39 and 41 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 34 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Scott Stern to be returning to South Dakota from Chandler, Arizona, 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 appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Steven R. Kalkman 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 appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Patricia Lebrun of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology 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 State Affairs respectfully reports that it has had under consideration the nomination of Paul R. Christen of Beadle County, Huron, South Dakota, to the South Dakota Science and Technology 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

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 4 and 44 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 45 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 Health and Human Services respectfully reports that it has had under consideration SB 1 and returns the same with the recommendation that said bill be amended as follows:

On page 4, after line 24 of the printed bill, insert:

" Section 5. That chapter 34-20E be amended by adding a NEW SECTION to read:

Any person who has a controlled drug or substance registration pursuant to § 34-20B-29 to prescribe or dispense any controlled drug or substance within this state must register with the program. Veterinarians licensed pursuant to chapter 36-12 are not subject to this requirement. The program shall work with the Department of Health to assure compliance with the requirement.".

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 SB 43 and returns the same with the recommendation that said bill be referred to the Joint Committee on Appropriations.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 2 and 3 which were tabled.

Respectfully submitted,
Deb Soholt, Chair

REPORTS OF SELECT COMMITTEES

MR. PRESIDENT:

Your Select Committee appointed on senate rules respectfully reports that it has had under consideration the senate rules and recommends that the temporary senate rules adopted by the Ninety-second Legislative Session be adopted as the permanent senate rules of the Ninety-second Legislative Session.

Respectfully submitted,
Brock Greenfield
R. Blake Curd
Billie Sutton
Senate Committee

MESSAGES FROM THE HOUSE

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1006 and 1020 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Tina Van Camp of Stanley County, Fort Pierre, South Dakota, to the South Dakota Building Authority.

The question being “Does the Senate advise and consent to the executive appointment of Tina Van Camp pursuant to the executive message as found on page 39 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 61 Introduced by: Senators Soholt, Bolin, Cronin, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Killer, Maher, Monroe, Nelson, Nesiba, Otten (Ernie), Partridge, Rusch, Solano, Sutton, and Tidemann and Representatives Hunhoff, Bartling, Campbell, Clark, Haggar, Hawley, Heinemann, Holmes, Johns, McPherson, Peterson (Kent), Peterson (Sue), Qualm, Rasmussen, Rhoden, Rozum, Schoenfish, Soli, Steinhauer, and Tieszen

FOR AN ACT ENTITLED, An Act to update, revise, and repeal certain provisions relating to nurse practitioners and nurse midwives.

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

SB 62 Introduced by: Senators Heinert and Solano and Representative Duvall

FOR AN ACT ENTITLED, An Act to correct the county boundary description for Mellette County.

Was read the first time and referred to the Committee on Local Government.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1006: FOR AN ACT ENTITLED, An Act to revise certain requirements for a public notice of a public meeting.

Was read the first time and referred to the Committee on Local Government.

HB 1020: FOR AN ACT ENTITLED, An Act to authorize background investigations for current and potential employees of the Bureau of Information and Telecommunications and information technology contractors and subcontractors.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Mary Anne Boyd of Yankton County, Yankton, South Dakota, to the Game, Fish and Parks Commission.

The question being “Does the Senate advise and consent to the executive appointment of Mary Anne Boyd pursuant to the executive message as found on page 35 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 Douglas Sharp of Codington County, Watertown, South Dakota, to the Game, Fish and Parks Commission.

The question being “Does the Senate advise and consent to the executive appointment of Douglas Sharp pursuant to the executive message as found on page 35 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 Scott A. Vance of Meade County, Faith, South Dakota, to the State Brand Board.

The question being “Does the Senate advise and consent to the executive reappointment of Scott A. Vance pursuant to the executive message as found on page 40 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 Gary D. Jensen of Pennington County, Rapid City, South Dakota, to the Game, Fish and Parks Commission.

The question being “Does the Senate advise and consent to the executive reappointment of Gary D. Jensen pursuant to the executive message as found on page 36 of the Senate Journal?”

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at 2:41 p.m. the Senate adjourned.

Kay Johnson, Secretary