Senate Journal 1/26/2017 01:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 26, 2017

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by Senate pages Michaela Flora and Mariah Weich.

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 eleventh 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.

COMMUNICATIONS AND PETITIONS

December 7, 2016

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Cheryl Bogue, of Ziebach County, Faith , South Dakota, to the South Dakota Lottery Commission.

This appointment is effective immediately, and shall continue until January 16, 2019.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1025 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Alan D. Solano, Vice Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1033 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 SB 72 and returns the same with the recommendation that said bill be amended as follows:

On page 2 of the printed bill, delete line 13, and insert "A finding by the court that, within the last two years, a parent has abused drugs or alcohol or has a conviction".

On page 1, line 11, of the printed bill, delete "time-sharing" and insert "parenting time".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Kevin J. Krull of Sturgis, South Dakota, to the Board of Pardons and Parole 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,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 21 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 SB 46 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 37, 38, and 47 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 8 was delivered to his Excellency, the Governor, for his approval at 11:13 a.m., January 26, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 1 in which the House has concurred as amended by the house and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 37, 38, and 47 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1012, 1021, 1036, 1040, 1046, 1051, 1053, and 1057 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1003: A CONCURRENT RESOLUTION, Encouraging school districts to provide for an annual academic scholarship signing day in schools.

Was read the second time.

Sen. Netherton moved that the Senate do concur in HCR 1003 as found on page 160 of the House Journal.

The question being on Sen. Netherton's motion that HCR 1003 be concurred in.

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 motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.

HCR 1004: A CONCURRENT RESOLUTION, Recognizing National Speech and Debate Education Day on March 3, 2017.

Sen. Tidemann moved that the Senate do concur in HCR 1004 as found on page 160 of the House Journal.

The question being on Sen. Tidemann's motion that HCR 1004 be concurred in.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

Sen. Bolin moved that the Senate do concur in House amendments to SCR 1.

The question being on Sen. Bolin's motion that the Senate do concur in House amendments to SCR 1.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members elect, the President declared the motion carried and the amendments were concurred in.

SCR 8 Introduced by: Senators Jensen (Phil), Kennedy, Nelson, and Russell and Representatives Brunner, Ahlers, Campbell, and Frye-Mueller

A CONCURRENT RESOLUTION, To call for the appointment of a special prosecutor.

WHEREAS, the State of South Dakota has experienced grave consequences from the GEAR UP and EB-5 scandals and has received failing grades from national groups concerning South Dakota state government's susceptibility to corruption, cronyism, and nepotism:

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 we respectfully request that a special prosecutor be appointed by the South Dakota attorney general to prosecute, both civilly and criminally, all losses that the South Dakota taxpayers have sustained as a result of the above-mentioned scandals.

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

Sen. Curd moved that SB 61 be placed to precede SB 33 on today's calendar.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 116 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to improve online access to information concerning state boards, commissions, and departments.

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

SB 117 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to increase accountability in South Dakota's criminal justice system.

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

SB 118 Introduced by: Senators Heinert, Bolin, Curd, Frerichs, Jensen (Phil), Killer, Maher, Nesiba, and Rusch and Representatives Bordeaux, Bartling, Lesmeister, May, Otten (Herman), Rozum, Schaefer, Soli, and Wismer

FOR AN ACT ENTITLED, An Act to allow for special motor vehicle license plates depicting the Dignity sculpture.

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

SB 119 Introduced by: Senator Frerichs and Representative Schoenfish

FOR AN ACT ENTITLED, An Act to accommodate legislation to improve culverts in the state.

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

SB 120 Introduced by: Senators Peters, Bolin, Greenfield (Brock), Haverly, Maher, Monroe, Nelson, Novstrup, Otten (Ernie), and Wiik and Representatives Lust, Ahlers, Brunner, Clark, Conzet, Lake, Lesmeister, Mickelson, Otten (Herman), Peterson (Kent), Peterson (Sue), Rhoden, Rounds, Turbiville, and Willadsen

FOR AN ACT ENTITLED, An Act to repeal the Legislative Planning Committee.

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

SB 121 Introduced by: Senators Peters, Bolin, Cammack, Cronin, Haverly, Nesiba, Partridge, and White and Representatives Rozum, Anderson, Clark, Conzet, Duvall, Jamison, Jensen (Kevin), Kaiser, Karr, Lake, Lesmeister, Reed, Rounds, and Tieszen

FOR AN ACT ENTITLED, An Act to make an appropriation for the completion and upgrade of the South Dakota public safety radio system and to declare an emergency.

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

SB 122 Introduced by: Senators Maher, Bolin, Haverly, Jensen (Phil), Killer, Peters, and Youngberg and Representatives May, Ahlers, Bartling, Brunner, Johns, and Kaiser

FOR AN ACT ENTITLED, An Act to provide for certain alcoholic beverage licensees to allow consumption of distilled spirits under certain circumstances.

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

SB 123 Introduced by: Senators Greenfield (Brock), Cronin, and Nelson and Representatives Greenfield (Lana), Frye-Mueller, Gosch, Lake, and Tulson

FOR AN ACT ENTITLED, An Act to revise the area where certain nonresident waterfowl licenses may be issued.

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

SB 124 Introduced by: Senators Greenfield (Brock), Jensen (Phil), Maher, Novstrup, Stalzer, Tapio, and Youngberg and Representatives May, Gosch, Greenfield (Lana), Jensen (Kevin), and Latterell

FOR AN ACT ENTITLED, An Act to require legislative authority for refugee actions under South Dakota law.

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

SB 125 Introduced by: Senators Heinert, Bolin, Frerichs, Killer, Maher, Nesiba, and Rusch and Representatives Bordeaux, Bartling, Lesmeister, May, Otten (Herman), and Schaefer

FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

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

SB 126 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Kolbeck, Langer, Maher, Monroe, Nelson, Netherton, Novstrup, Otten (Ernie), Russell, Stalzer, Tapio, Wiik, and Youngberg and Representatives May, Beal, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Haggar, Haugaard, Jamison, Jensen (Kevin), Kaiser, Karr, Latterell, Livermont, Marty, Pischke, Qualm, Rhoden, Schaefer, and Steinhauer

FOR AN ACT ENTITLED, An Act to require the Department of Education to use a competitive bidding process when acquiring academic assessments.

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

SB 127 Introduced by: Senator Frerichs and Representative Marty

FOR AN ACT ENTITLED, An Act to provide certain defenses to adverse possession claims.

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

SB 128 Introduced by: Senators Novstrup, Kennedy, Maher, Nelson, Netherton, Solano, and Stalzer and Representatives Dennert, Rhoden, and Tieszen

FOR AN ACT ENTITLED, An Act to provide an exception for alcohol manufacturer and wholesaler licensees to participate in certain charitable retail events.

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

SB 129 Introduced by: Senators Cronin, Haverly, Heinert, Nesiba, Partridge, Peters, Sutton, and Youngberg and Representatives Lust, Conzet, Johns, Kaiser, Peterson (Kent), Peterson (Sue), Rozum, Turbiville, and York

FOR AN ACT ENTITLED, An Act to revise the penalty for ingestion of marijuana.

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

SB 130 Introduced by: Senator Maher and Representative Bartling

FOR AN ACT ENTITLED, An Act to revise provisions regarding the amount licensing agents may collect on the sale of certain licenses for the Department of Game, Fish and Parks.

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

SB 131 Introduced by: Senators Curd, Kolbeck, Langer, Netherton, and Wiik

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period of time elected officials are prohibited from lobbying after leaving office.

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

SB 132 Introduced by: Senators Frerichs, Heinert, and Sutton and Representatives Bartling, Kaiser, and May

FOR AN ACT ENTITLED, An Act to revise the eligibility requirements for the opportunity scholarship program.

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

SB 133 Introduced by: Senators Cronin and Maher and Representatives Gosch and Lake

FOR AN ACT ENTITLED, An Act to accommodate legislation regarding the Missouri River.

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

SB 134 Introduced by: Senator Russell and Representative Campbell

FOR AN ACT ENTITLED, An Act to prohibit the expenditure of certain public school resources for political purposes and to provide a penalty therefor.

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

SB 135 Introduced by: Senators Russell, Frerichs, Heinert, and Maher and Representatives Brunner, Lesmeister, Marty, May, McCleerey, and Otten (Herman)

FOR AN ACT ENTITLED, An Act to revise certain meat labeling requirements.

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

SB 136 Introduced by: Senators Greenfield (Brock), Frerichs, Jensen (Phil), Klumb, Russell, Tapio, and Wiik and Representatives Qualm, Brunner, Dennert, DiSanto, Frye-Mueller, Goodwin, Greenfield (Lana), Haggar, Haugaard, Jensen (Kevin), Latterell, May, McCleerey, Peterson (Sue), Pischke, Rasmussen, Rhoden, Rozum, Schaefer, Steinhauer, and Tulson

FOR AN ACT ENTITLED, An Act to permit and regulate the practice of licensed certified professional midwives.

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

SB 137 Introduced by: Senators Langer, Jensen (Phil), Novstrup, Wiik, and Youngberg and Representatives Heinemann, Greenfield (Lana), Johnson, May, Pischke, and Willadsen

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding joint employer liability protection.

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

SB 138 Introduced by: Senators Stalzer and Maher and Representatives Hawley, Haggar, Rounds, and Willadsen

FOR AN ACT ENTITLED, An Act to provide certain provisions regarding asbestos bankruptcy trust claims.

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

SJR 2 Introduced by: Senators Bolin, Klumb, Monroe, Otten (Ernie), Stalzer, and Wiik and Representatives Brunner, Haugaard, Howard, Jensen (Kevin), Pischke, Rozum, Tieszen, and Zikmund

A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election amendments to Article XXIII, of the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions related to wind and solar easements.

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

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the education provided for children in certain residential treatment centers.

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

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter registration and notices of boundary changes for local elections.

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

HB 1040: FOR AN ACT ENTITLED, An Act to license and regulate community living homes.

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

HB 1046: FOR AN ACT ENTITLED, An Act to revise various trust and trust company provisions.

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

HB 1051: FOR AN ACT ENTITLED, An Act to establish and revise certain provisions regarding virtual representation.

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

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the attorney recruitment assistance program.

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

HB 1057: FOR AN ACT ENTITLED, An Act to revise when improvement districts shall hold an election of board members.

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

The President declared that SB 100 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 64: FOR AN ACT ENTITLED, An Act to define the term of a vacancy appointment for water development district directors.

Was read the second time.

The question being “Shall SB 64 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.

SB 63: FOR AN ACT ENTITLED, An Act to eliminate the postage administration fund and deposit fees to the general fund.

Was read the second time.

The question being “Shall SB 63 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.

SB 6: FOR AN ACT ENTITLED, An Act to revise the review process to determine the need for additional nursing facilities or nursing facility beds and to require a report to the Legislature.

Was read the second time.

The question being “Shall SB 6 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 61: FOR AN ACT ENTITLED, An Act to update, revise, and repeal certain provisions relating to nurse practitioners and nurse midwives.

Was read the second time.

The question being “Shall SB 61 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.

Sen. Curd moved that SB 33, 35, and 27 be deferred to Tuesday, January 31^st, the 13^th legislative day.

Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1069: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to campaign finance and to declare an emergency.

Was read the second time.

Sen. Maher moved that HB 1069 be amended as follows:

On page 7 of the House engrossed bill, remove the overstrikes from lines 12 to 14, inclusive.

On page 7, line 15, remove the overstrikes from "~~(16)~~".

On page 39, between lines 22 and 23, insert:

" Section 35. That chapter 12-27 be amended by adding a NEW SECTION to read:

No provision of this Act may be construed to prohibit nor deny from the people any right, privilege, or responsibility that is reserved to them in the Constitution of this state. The Legislature finds and declares that accountability to the people is of paramount importance to the inherent stability and preservation of the integrity of South Dakota's political system. The provisions of this Act shall prevent corruption or any appearance of corruption through active participation by citizens who believe that their role in the state's political system is insignificant. No enforcement of any provision of this Act shall be intended to deny any citizen the active participation in any campaign.".

Sen. Curd requested that Joint Rule 5-17 be invoked on HB 1069.

Which request was supported and HB 1069 with Sen. Maher's pending motion to amend was deferred until Wednesday, February 1^st, the 14^th legislative day.

SIGNING OF BILLS

The President publicly read the title to

SB 37: FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions regarding liens.

SB 38: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

SB 47: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding dental corporations.

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

And signed the same in the presence of the Senate.

Sen. Killer moved that the Senate do now adjourn, which motion prevailed and at 2:28 p.m. the Senate adjourned.

Kay Johnson, Secretary