Senate Journal 1/20/2017 12:30 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 20, 2017

The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Sunshine Mizlaff, followed by the Pledge of Allegiance led by Senate page Amanda Pugh.

Roll Call: All members present except Sens. Curd, Frerichs, Russell, Tapio 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 seventh 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 42 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 the nomination of Jerry Cope of Pennington County, Rapid City, South Dakota, to the South Dakota State Railroad Board 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 Transportation respectfully reports that it has had under consideration the nomination of Harlan J. Quenzer of Davison County, Mitchell, South Dakota, to the South Dakota State Railroad Board 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,
Ernie Otten, Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 59 and returns the same with the recommendation that said bill be amended as follows:

59da

On page 1, line 7, of the printed bill, delete "or is approved as required by section 2 of this Act".

On page 1, delete lines 9 to 11, inclusive.

59dta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "delay the effective date for initiated measures and referred laws.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 14, 15 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 17 and returns the same with the recommendation that said bill be amended as follows:

17za

On page 2, line 8, of the printed bill, after "Act." insert "However, any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 18 and returns the same with the recommendation that said bill be amended as follows:

18za

On page 2, line 7, of the printed bill, after "Act." insert "However, any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.".

And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Co-Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1047, 1048, 1049, and 1050 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 1 Introduced by: Senators Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup, Al; Otten, Ernie; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-second Legislature of the State of South Dakota to Ashlynne Beninga, Ellie Krizan, Caroline Moriarty, Sydney Noordsy, Eli Pieper, Amanda Pugh.

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

WHEREAS, the members of the Ninety-second 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-second 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. Wiik moved that Senate Page Resolution 1 be adopted.

The question being on Sen. Wiik's motion that Senate Page Resolution 1 be adopted.

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Curd; Frerichs; Russell; Tapio; White

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

SCR 1 Introduced by: Senators Bolin, Ewing, Jensen (Phil), Kolbeck, Monroe, Nelson, Novstrup, Solano, and Wiik and Representatives Rounds, Dennert, Haugaard, Jensen (Kevin), Latterell, Lust, May, McPherson, Mills, Otten (Herman), Pischke, Rasmussen, Reed, Schaefer, and Steinhauer

A CONCURRENT RESOLUTION, Inviting President Donald J. Trump to visit the State of South Dakota, and most especially to visit Mount Rushmore and Crazy Horse Monument.

WHEREAS, many United States presidents have visited the great State of South Dakota and especially the world famous Mount Rushmore; and

WHEREAS, President Calvin Coolidge, in 1927 helped dedicate the start of the presidential carvings on the mountain, and President Franklin Roosevelt, in 1936 visited the mountain and spoke at the dedication of the Jefferson head; and

WHEREAS, President George H.W. Bush visited Mount Rushmore in 1991 to speak at the fiftieth anniversary of the conclusion of the carvings of the presidents; and

WHEREAS, the immense mountain carving of significant Native American leader, Crazy Horse, is in close proximity to Mount Rushmore, and the Native American population has played and continues to play an important role in the growth and development of the state:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature hereby invites President Donald J. Trump to visit the great State of South Dakota and to spend time in the Black Hills viewing Mount Rushmore, America's shrine of democracy, and the emerging carving of Crazy Horse; and

BE IT FURTHER RESOLVED, that the South Dakota Legislature hereby encourages Governor Dennis Daugaard, United States Senator John Thune, United States Senator Mike Rounds, United States Representative Kristi Noem and their staffs to promote such a visit and to suggest that it would be particularly appropriate for the visit to take place on or near the fourth of July.

Was read the first time, the President waived the referral to committee, and placed SCR 1 on the calendar of Monday, January 23^rd, the 9^th legislative day.

SCR 2 Introduced by: Senators Bolin, Jensen (Phil), Klumb, Kolbeck, Monroe, Nelson, Solano, Stalzer, and Wiik and Representatives Latterell, Brunner, Campbell, Dennert, Glanzer, Greenfield (Lana), Haugaard, Heinemann, Holmes, Jamison, Jensen (Kevin), Johns, Kaiser, Lust, Marty, McPherson, Mills, Otten (Herman), Peterson (Sue), Pischke, Rasmussen, Rounds, Schaefer, Steinhauer, and Willadsen

A CONCURRENT RESOLUTION, Supporting the electoral college system.

WHEREAS, the electoral college was established as an essential part of the United States
Constitution in 1787; and

WHEREAS, the electoral college was adopted as part of a compromise agreement at the constitutional convention, held in Philadelphia, as to how the president of the United States would be elected; and

WHEREAS, the electoral college system benefits states small in population like South Dakota, since mathematically the votes of South Dakota citizens, when choosing electors, are weighted as greater than the voting citizens of large states like Texas, California, and New York when selecting electors; and

WHEREAS, in recent years, efforts have been made to eliminate the electoral college by seeking to persuade states to mandate that electors may only vote for the winner of the popular vote nationally:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature does hereby fully support the electoral college system as adopted by the founders of the United States, and furthermore urges all other states, especially those in the Midwest, to reject any effort to formally or informally abolish the electoral college system of electing our president.

Was read the first time, the President waived the referral to committee, and placed SCR 2 on the calendar of Monday, January 23^rd, the 9^th legislative day.

SCR 3 Introduced by: Senators Bolin, Ewing, Jensen (Phil), Klumb, Kolbeck, Monroe, Nelson, Nesiba, Solano, Stalzer, and Wiik and Representatives Holmes, Brunner, Campbell, Dennert, Glanzer, Greenfield (Lana), Haugaard, Heinemann, Jamison, Jensen (Kevin), Johns, Kaiser, Lust, Marty, McPherson, Mills, Otten (Herman), Peterson (Sue), Pischke, Rasmussen, Reed, Ring, Rounds, Schaefer, Smith, Soli, Steinhauer, Willadsen, and York

A CONCURRENT RESOLUTION, Recognizing the outstanding public service of President James Monroe.

WHEREAS, James Monroe was born on April 28, 1758, in Westmoreland, Virginia; and

WHEREAS, as a young man James Monroe left the College of William & Mary to fight for the patriot cause in the army led by George Washington; and

WHEREAS, James Monroe was one of the soldiers who famously crossed the Delaware River with Washington in December 1776; and

WHEREAS, James Monroe was severely wounded but survived, in the ensuing battle at Trenton; and

WHEREAS, James Monroe, during his life, served his country as state legislator, governor of Virginia, United States Senator, United States ambassador to France, Secretary of State, Secretary of War, and as a two-term President of the United States; and

WHEREAS, during his presidency, James Monroe promoted the building of canals and roads to further trade and commerce and ran unopposed for the presidency during his re-election bid in1820; and

WHEREAS, in 1823, President Monroe issued the famous Monroe Doctrine, which reduced

European influence in the Western Hemisphere; and

WHEREAS, James Monroe left office in 1825 in financial difficulty, and died six years later
virtually penniless in the care of his daughter:

Was read the first time, the President waived the referral to committee, and placed SCR 3 on the calendar of Monday, January 23^rd, the 9^th legislative day.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Robert Faehn of Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission.

The question being “Does the Senate advise and consent to the executive appointment of Robert Faehn pursuant to the executive message as found on page 34 of the Senate Journal?”

And the roll being called:

Yeas 28, Nays 2, Excused 5, Absent 0

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

Nays:
Jensen (Phil); Nelson

Excused:
Curd; Frerichs; Russell; Tapio; White

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 Dave Mickelson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission.

The question being “Does the Senate advise and consent to the executive appointment of Dave Mickelson pursuant to the executive message as found on page 33 of the Senate Journal?”

And the roll being called:

Yeas 28, Nays 2, Excused 5, Absent 0

Nays:
Jensen (Phil); Nelson

Excused:
Curd; Frerichs; Russell; Tapio; White

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 Mike Jasper of Minnehaha County, Sioux Falls, South Dakota, to the position of Secretary of Agriculture.

The question being “Does the Senate advise and consent to the executive appointment of Mike Jasper pursuant to the executive message as found on page 54 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; White

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 Joseph F. Kafka of Minnehaha County, Valley Springs, South Dakota , to the South Dakota Lottery Commission.

The question being “Does the Senate advise and consent to the executive reappointment of Joseph F. Kafka pursuant to the executive message as found on page 34 of the Senate Journal?”

And the roll being called:

Yeas 29, Nays 1, Excused 5, Absent 0

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

Nays:
Nelson

Excused:
Curd; Frerichs; Russell; Tapio; 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 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 reappointment of Tom Jones pursuant to the executive message as found on page 38 of the Senate Journal?”

And the roll being called:

Yeas 29, Nays 1, Excused 5, Absent 0

Nays:
Nelson

Excused:
Curd; Frerichs; Russell; Tapio; White

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 65 Introduced by: Senators Bolin, Frerichs, Greenfield (Brock), Haverly, Heinert, Klumb, Kolbeck, Langer, Maher, Nelson, Novstrup, Otten (Ernie), Partridge, Peters, Soholt, Solano, Stalzer, Sutton, Tidemann, White, and Wiik and Representatives Mickelson, Ahlers, Anderson, Bartling, Beal, Brunner, Carson, Chase, Dennert, Duvall, Gosch, Haggar, Hawley, Heinemann, Holmes, Jensen (Kevin), Johns, Kaiser, Kettwig, Lake, Lesmeister, Lust, McPherson, Otten (Herman), Peterson (Kent), Peterson (Sue), Qualm, Rhoden, Ring, Rozum, Schoenfish, Soli, Steinhauer, Stevens, Tieszen, Willadsen, and York

FOR AN ACT ENTITLED, An Act to establish the South Dakota Board of Technical Education and to revise certain provisions regarding career and technical education and postsecondary technical institutes.

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

SB 66 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to specifically classify certain agricultural land as riparian buffer strips, to establish the criteria for the riparian buffer strip classification, and to provide for the taxation thereof.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SB 67 Introduced by: Senators Partridge, Cronin, Greenfield (Brock), Haverly, Soholt, Solano, and White and Representatives Lust, Anderson, Duvall, Johnson, McPherson, Mickelson, Peterson (Kent), Tieszen, and Wollmann

FOR AN ACT ENTITLED, An Act to revise the method used to calculate the petition signatures to place initiated measures on the ballot and to declare an emergency.

Was read the first time and referred to the Committee on State Affairs.

SB 68 Introduced by: Senators Rusch, Bolin, Kennedy, Maher, Monroe, Netherton, Partridge, Soholt, and Solano and Representatives Tieszen, Ahlers, Bartling, Hawley, Rasmussen, Ring, Smith, Wismer, and York

FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage sampling provisions.

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

SB 69 Introduced by: Senators Ewing, Frerichs, Monroe, Solano, Stalzer, White, and Wiik and Representatives Willadsen, Dennert, Haggar, Lesmeister, Lust, Rozum, and Tieszen

FOR AN ACT ENTITLED, An Act to revise the tax required when a new motor vehicle dealer licenses a new motor vehicle.

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

SB 70 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to increase the transfer from the water and environment fund to the environment and natural resources fee fund, and to declare an emergency.

Was read the first time and referred to the Joint Committee on Appropriations

SB 71 Introduced by: Senators Otten (Ernie), Cammack, Cronin, Ewing, Monroe, Peters, Soholt, Solano, and White and Representatives Stevens, Anderson, Bartling, Heinemann, Lake, Otten (Herman), Rhoden, and Tieszen

FOR AN ACT ENTITLED, An Act to revise certain provisions of the reinvestment payment program.

Was read the first time and referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1047: FOR AN ACT ENTITLED, An Act to modify the application timeline for state chartered banks and trust companies.

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

HB 1048: FOR AN ACT ENTITLED, An Act to exempt natural hair braiding from the practice of cosmetology.

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

HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment.

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

HB 1050: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding the practice of barbering.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Brian Zeeb, to the South Dakota Interstate Commission for Adult Offender Supervision.

The question being “Does the Senate advise and consent to the executive reappointment of Brian Zeeb pursuant to the executive message as found on page 53 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; 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 appointment of Paige W. Bock to the South Dakota Board of Pardons and Parole.

The question being “Does the Senate advise and consent to the executive appointment of Paige W. Bock pursuant to the executive message as found on page 52 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; White

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 Sharon L. Casey of Brule County, Chamberlain, South Dakota , to the Board of Economic Development.

The question being “Does the Senate advise and consent to the executive reappointment of Sharon L. Casey pursuant to the executive message as found on page 39 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; 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 appointment of Reed Kessler of Brown County, Aberdeen, South Dakota, to the Board of Economic Development.

The question being “Does the Senate advise and consent to the executive appointment of Reed Kessler pursuant to the executive message as found on page 38 of the Senate Journal?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; White

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 26: FOR AN ACT ENTITLED, An Act to revise the state automated victim notification system.

Was read the second time.

The question being “Shall SB 26 pass?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; 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.

SB 29: FOR AN ACT ENTITLED, An Act to provide for the use of mobile breath alcohol testing in the 24/7 sobriety program.

Was read the second time.

The question being “Shall SB 29 pass?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; 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.

SB 31: FOR AN ACT ENTITLED, An Act to revise certain administrative and advisory functions of the State Library and the State Library Board.

Was read the second time.

The question being “Shall SB 31 pass?”

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

Excused:
Curd; Frerichs; Russell; Tapio; 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.

Sen. Maher moved that the balance of the calendar including SB 1, 4, 24, 27, 30, and 44 be deferred to Monday, January 23^rd, the 9^th legislative day.

Which motion prevailed.

COMMEMORATIONS

SC 1 Introduced by: Senators Bolin, Klumb, Sutton, and Tapio and Representatives Johns, Bartling, Brunner, Carson, Latterell, Otten (Herman), Qualm, Rhoden, Rozum, and York

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2015-2016 Outstanding School Administrators of South Dakota: Jim Holbeck, Harrisburg, School Superintendent; Todd Brist, Watertown, Middle School Principal; Lory DuFrain, Wagner, School Business Official; Ethan Dschaak, Meade, Elementary School Principal; Kevin Lein, Harrisburg, Secondary School Principal; Ryan Rollinger, Harrisburg, Assistant Secondary School Principal; Sherri Becker, Mitchell, Curriculum Leader; and Jennifer Heggelund, Watertown, Director of Special Education, for being named outstanding administrators by their respective administrator parent groups.

WHEREAS, these administrators have been elected by their peers for outstanding service and dedication to education; and

WHEREAS, the combined years of service to the people of South Dakota and to the children and youth of South Dakota of these eight educational administrators is two hundred two years; and

WHEREAS, each of these educators has demonstrated a sincere interest in our children and superior skills in their chosen field of educational administration:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Ethan Dschaak, Kevin Lein, Lory DuFrain, Jim Holbeck, Ryan Rollinger, Sherri Becker, Jennifer Heggelund, and Todd Brist are named as official representatives of the School Administrators of South Dakota and shall continue their efforts to improve the educational opportunities for the children of this state.

Sen. Otten (Ernie) moved that the Senate do now adjourn, which motion prevailed and at 1:29 p.m. the Senate adjourned.

Kay Johnson, Secretary