Senate Journal 2/6/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

SEVENTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 6, 2017

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

The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate page Emma Graves.

Roll Call: All members present except Sen. Cronin who was 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 sixteenth 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.

The oath of office was administered by the President to the following named persons:

Pages _ Emma Graves, Shelby Guthrie, Carter Hoffer, Lynsey Klunder, Dalton Larson, Jayd Mullen, Mit Patel, Sydney Powers, Rachel Schoon, Eli Van Horn, Noah Wicks, Chandler Wilson

Which was subscribed to and placed on file in the office of the Secretary of State.

COMMUNICATIONS AND PETITIONS

February 3, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on February 3, 2017, I approved Senate Bills 37, 38, and 47, 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 Local Government respectfully reports that it has had under consideration SB 146 and HB 1036 and 1057 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1037 and returns the same with the recommendation that said bill be amended as follows:

1037fd

On page 3, line 5, of the House State Affairs Committee engrossed bill, delete "or".

On page 3, line 7, after "county" insert ";

(5) Five signatures for a new party county candidate; or

(6) Three signatures for a new party county commissioner district candidate".

On page 7, after line 2, insert:

" Section 10. That chapter 12-5 be amended by adding a NEW SECTION to read:

If a new political party organizing does not have a candidate for United States Senate, United States House of Representatives, Governor, or Legislature, that new political party may be organized by filing with the secretary of state not later than July first at five p.m., a written declaration signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election. The declaration shall contain:

(1) The name of the proposed party; and

(2) A brief statement of the principles of the proposed party.

The new political party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.

A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in § 12-1-3.

The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.".

1037fta

On page 1, line 2, of the House State Affairs Committee engrossed bill, after "elections" insert "and to revise certain provisions for new political parties".

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

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

118ja

On page 1, line 7, of the printed bill, after "sculpture" insert "upon approval of the design by the Department of Revenue and the artist".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 154 and returns the same with the recommendation that said bill be amended as follows:

154jb

On page 1, line 5, of the printed bill, delete "grasses" and insert "plants".

On page 1, line 6, after "landscape" insert "on rest area properties to the extent possible".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 161 and returns the same with the recommendation that said bill be amended as follows:

161ja

On page 1, line 12, of the printed bill, delete "road" and insert "law enforcement.".

On page 1, delete lines 13 and 14.

And returns the same be sent to the floor without recommendation.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jack Kolbeck, Vice Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 131 and returns the same with the recommendation that said bill be amended as follows:

131fa

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That section 32 of HB 1069 as previously enacted by the Ninety-second Legislature be amended to read:

Section 32. That § 2-12-8.2 be amended to read:

2-12-8.2. No elected officer may act or register as a lobbyist, other than a public employee lobbyist, during a period of ~~one year~~ two years after the officer's termination of service in the state government. A violation of this section is a Class 1 misdemeanor. "

131fb

On the previously adopted amendment (131fa), on the first line, overstrike "may" and insert ", appointed officer, state agency or division director, or the highest paid aide, employee, or staff person reporting to any of the foregoing may be compensated,"

131fd

Delete the previously adopted amendments (131fa) and (131fb).

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That section 32 of HB 1069 as previously enacted by the Ninety-second Legislature be amended to read:

Section 32. That § 2-12-8.2 be amended to read:

2-12-8.2. No elected officer ~~may~~, department or agency head, or division director, or the highest paid employee reporting to such person may be compensated, act, or register as a lobbyist, other than a public employee lobbyist, during a period of ~~one year~~ two years after ~~the officer's~~ that person's termination of service in the state government. A violation of this section is a Class 1 misdemeanor. "

131fta

On page 1, line 2, of the printed bill, delete "elected officials" and insert "certain persons".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 101 and returns the same with the recommendation that said bill be amended as follows:

101ca

On page 1, line 8, of the printed bill, delete everything after "." and insert "A veteran's military records are available to the public for research purposes beginning on one of the following dates, whichever date occurs later:

(1) The date sixty-two years after the date the veteran separated from the military; or

(2) The date sixty-two years after the document date of any record pertaining to military or potential military service.".

On page 1, delete line 9.

On page 1, line 10, delete everything before "However" .

101cta

On page 1, line 1, of the printed bill, delete everything after "records" and insert ".".

On page 1, delete line 2.

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 SB 93 and returns the same with the recommendation that said bill be amended as follows:

93kb

On page 1, line 7, of the printed bill, delete "Thirty" and overstrike "dollars of the marriage license fee shall be retained".

On page 1, line 8, overstrike everything before "Thirty" .

On page 1, line 9, after "." insert "The remainder of the fee shall be retained by the county in which the fee is collected and placed in the county general fund.".

On page 2, line 2, after "statement" insert "on a form prescribed and furnished by the Department of Health".

On page 2, line 11, delete everything after "." .

On page 2, delete line 12.

On page 2, line 13, delete everything before "The" .

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 96 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 62 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 45 was delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 6, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

Also MR. PRESIDENT:

I have the honor to return herewith SB 62 which has passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Calling for statewide recognition of the Army National Guard's 1^st Battalion, 196^th Regiment, Regional Training Institute (RTI) for training hundreds of officer candidates from South Dakota and soldiers across the nation.

Was read the second time.

Sen. Cammack moved that the Senate do concur in HCR 1005 as found on page 208 of the House Journal.

The question being on Sen. Cammack's motion that HCR 1005 be concurred in.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Cronin; Maher

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

Sen. Curd moved that SB 33 and 35 be deferred to Thursday, February 23^rd, the 27^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1040 as found on page 292 of the Senate Journal; also

Local Government on SB 116 as found on page 293 of the Senate Journal; also

Joint Committee on Appropriations on SB 19 as found on page 286 of the Senate Journal; also

Taxation on SB 36 as found on page 286 of the Senate Journal; also

State Affairs on SB 77 as found on page 289 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of James C. Roby of Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

The question being “Does the Senate advise and consent to the executive reappointment of James C. Roby pursuant to the executive message as found on page 174 of the Senate Journal?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Maher

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Greenfield (Brock) requested that SB 106 be removed from the Consent Calendar.

SB 97: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.

Was read the second time.

The question being “Shall SB 97 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Maher

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 98: FOR AN ACT ENTITLED, An Act to revise provisions regarding deadlines for municipal election recounts.

Was read the second time.

The question being “Shall SB 98 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Maher

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 66: 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 second time.

66ba

Sen. Monroe moved that SB 66 be amended as follows:

On page 3, line 1, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete "annually".

Sen. Curd requested that Joint Rule 5-17 be invoked on SB 66.

Which request was supported and SB 66 with Sen. Monroe's pending motion to amend was deferred until Wednesday, February 8^th, the 19^th legislative day.

SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the review of juvenile corrections.

Was read the second time.

The question being “Shall SB 82 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Maher

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 74: FOR AN ACT ENTITLED, An Act to exempt the elected members of the governing board of any federally recognized Indian tribe from the requirement to register as lobbyists.

Was read the second time.

The question being “Shall SB 74 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Maher

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 78: FOR AN ACT ENTITLED, An Act to revise provisions regarding election petitions for conservation district supervisors.

Was read the second time.

The question being “Shall SB 78 pass?”

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Bolin

Excused:
Cronin; Maher

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 99: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the petition signature requirements for municipal elections.

Was read the second time.

The question being “Shall SB 99 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Cronin; Maher

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 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 second time.

The question being “Shall HB 1012 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bolin; Cammack; 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

Excused:
Cronin

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 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 second time.

The question being “Shall HB 1021 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

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

Was read the second time.

The question being “Shall HB 1046 pass?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Kennedy; Killer; Nesiba

Excused:
Cronin

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

Was read the second time.

The question being “Shall HB 1051 pass?”

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Kennedy; Nesiba

Excused:
Cronin

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.

There being no objection, the Senate reverted to Order of Business No. 10.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The President declared that SB 165 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SIGNING OF BILLS

The President publicly read the title to

SB 62: FOR AN ACT ENTITLED, An Act to correct the county boundary description for Mellette County.

HB 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved real property on behalf of South Dakota State University and to make an appropriation therefor.

HB 1016: FOR AN ACT ENTITLED, An Act to revise the methodology for calculating the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting conditions, and to provide uniform terminology.

HB 1017: FOR AN ACT ENTITLED, An Act to revise the definition of compensation for purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting compensation, and to update references to the Internal Revenue Code.

HB 1018: FOR AN ACT ENTITLED, An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System.

HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the salary of the executive director of the South Dakota Retirement System.

HB 1042: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain health care professionals who have complied with the requirements of the recruitment assistance program or the rural health care facility recruitment assistance program and to declare an emergency.

And signed the same in the presence of the Senate.

Sen. Ewing moved that the Senate do now adjourn, which motion prevailed and at 3:34 p.m. the Senate adjourned.

Kay Johnson, Secretary