JOURNAL OF THE SENATE

NINETY-SECOND SESSION



NINETEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 8, 2017

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

    The prayer was offered by Lt. Gov. Matt Michels, followed by the Pledge of Allegiance led by Senate page Noah Wicks.

    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 eighteenth 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 HB 1029 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1027 and 1030 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 Transportation respectfully reports that it has had under consideration SB 170 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 109 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 Taxation respectfully reports that it has had under consideration SB 87 which was tabled.

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 105 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1070 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 140 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1 of the printed bill, delete lines 4 to 9, inclusive, and insert:

"    Section 1. That § 13-3-91 be amended to read:

    13-3-91. The secretary of education shall annually identify cardiopulmonary resuscitation (CPR) as a recommended skill skills that all schools should shall include within required school health curriculum and shall inform school districts of resources and training available to assist schools to provide instruction in CPR and the use of automated external defibrillators. ".


    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 107 which was tabled.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 120 and 176 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SCR 10 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair
Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 62 was delivered to his Excellency, the Governor, for his approval at 9:45 a.m., February 8, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1023, 1044, 1062, 1066, 1068, 1071, 1078, 1081, 1088, 1091, 1095, 1097, 1103, 1122, 1127, and 1136 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 11: A CONCURRENT RESOLUTION, Opposing physician-assisted suicide.

    Was read the second time.

    Sen. Curd moved that SCR 11 as found on page 325 of the Senate Journal be adopted.

    The question being on Sen. Curd's motion that SCR 11 be adopted.

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; 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

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 11 was adopted.

    Yesterday Sen. Peters announced her intention to reconsider the vote by which SB 19 lost.

    Sen. Peters moved that the Senate do now reconsider the vote by which SB 19 lost.

    The question being on Sen. Peters' motion to reconsider the vote by which SB 19 lost.

    And the roll being called:

    Yeas 33, Nays 2, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; 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; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Nelson; Russell

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 19 was up for reconsideration and final passage.

    SB 19: FOR AN ACT ENTITLED, An Act to establish for the Board of Regents and its institutions a fund for the receipt and disbursement of federal grants and contracts and a fund for the receipt and disbursement of other grants and contracts and to make an appropriation therefor.

    Having had its second reading was up for reconsideration and final passage.

    The question being “Shall SB 19 pass as amended?”

    And the roll being called:

    Yeas 32, Nays 3, Excused 0, Absent 0

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

    Nays:
Maher; Nelson; Russell

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

    Sen. Curd moved that SB 75 be deferred to Monday, February 13th, the 21st legislative day.

    Which motion prevailed.

    Sen. Curd moved that SB 176 be referred back to the Committee on State Affairs.

    Which motion prevailed.

    Sen. Greenfield (Brock) moved that SB 160, SB 166, SB 80, and SJR 2 be referred from the Committee on State Affairs to the Committee on Local Government.

    Which motion prevailed.

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 9th, the 21st legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Commerce and Energy on SB 128 as found on page 322 of the Senate Journal; also

    Agriculture and Natural Resources on SB 130 as found on page 321 of the Senate Journal; also

    Judiciary on SB 164 as found on page 321 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The President declared that SCR 8 and SB 56 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1023: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    HB 1044: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding wholesale drug distributors, to provide for licensure and regulation of outsourcing facilities for certain drugs, and to establish a fee for licensure of outsourcing facilities.

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

    HB 1062: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.

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

    HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning landowner liability for certain injuries suffered.

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

    HB 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

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


    HB 1078: FOR AN ACT ENTITLED, An Act to provide for the regulation of teams and team leaders regarding real estate transactions.

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

    HB 1081: FOR AN ACT ENTITLED, An Act to revise certain provisions for establishing a trust for an unlocatable mineral owner.

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

    HB 1088: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding required stops at railroad crossings.

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

    HB 1091: FOR AN ACT ENTITLED, An Act to modify certain provisions relating to concealed carry permits.

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

    HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding resident fishing possession limits.

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

    HB 1097: FOR AN ACT ENTITLED, An Act to revise certain unemployment insurance contribution rates, to provide for an unemployment insurance administrative fee, and to provide for the distribution of the fee.

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

    HB 1103: FOR AN ACT ENTITLED, An Act to allow for service by publication for certain paternity and child custody actions.

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

    HB 1122: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the process to be excused from public school attendance.

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

    HB 1127: FOR AN ACT ENTITLED, An Act to revise the procedure for a deployed military service member to renew a concealed carry permit

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

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain election recount provisions.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Stalzer requested that SB 101 be removed from the Consent Calendar.

    HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding delegates and alternates to the national convention, nominating petitions, and runoff elections and to revise certain provisions for new political parties.

    Was read the second time.

    The question being “Shall HB 1037 pass as amended?”

    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 bill having received an affirmative vote of a majority of the members present, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 131: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the period of time certain persons are prohibited from lobbying after leaving office.

    Was read the second time.

    The question being “Shall SB 131 pass as amended?”

    And the roll being called:

    Yeas 34, Nays 1, 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); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Partridge

    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 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding marriage license fees.

    Was read the second time.

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    Sen. Rusch moved that SB 93 be amended as follows:

    On page 2, line 7, of the Senate State Affairs Committee engrossed bill, after "ordained minister," insert "Native American spiritual leader,".

    Which motion prevailed.

93kc

    Sen. Jensen (Phil) moved that SB 93 be amended as follows:

    On page 1, line 5, of the Senate State Affairs Committee engrossed bill, delete "forty sixty" and insert "forty".

    On page 1, line 8, delete "forty" and insert "twenty".

    On page 1, line 8, overstrike "Thirty" and insert "Ten".

    Which motion lost.

    The question being “Shall SB 93 pass as amended?”

    And the roll being called:

    Yeas 20, Nays 15, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Maher; Netherton; Novstrup; Partridge; Peters; Rusch; Tidemann; White; Wiik

    Nays:
Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Nesiba; Otten (Ernie); Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Youngberg

    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 154: FOR AN ACT ENTITLED, An Act to require the Department of Transportation to utilize native grasses on new or remodeled state properties as landscape.

    Was read the second time.

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    Sen. Frerichs moved that SB 154 be amended as follows:

    On page 1, line 5, of the Senate Transportation Committee engrossed bill, delete everything after "plants" and insert "as landscape on any new".

    On page 1, delete line 6, and insert "or remodeled state properties at rest areas if it is practical and prudent to do so.".

    Which motion prevailed.

    The question being “Shall SB 154 pass as amended?”

    And the roll being called:

    Yeas 28, Nays 7, Excused 0, Absent 0

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

    Nays:
Bolin; Haverly; Jensen (Phil); Monroe; Partridge; Peters; Solano

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

    The question being on the title.

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    Sen. Frerichs moved that the title to SB 154 be amended as follows:


    On page 1 of the Senate Transportation Committee engrossed bill, delete line 2, and insert "plants on new or remodeled state properties at rest areas as landscape.".

    Which motion prevailed and the title was so amended.

    SB 118: FOR AN ACT ENTITLED, An Act to allow for special motor vehicle license plates depicting the Dignity sculpture.

    Was read the second time.

    The question being “Shall SB 118 pass as amended?”

    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 bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 123: FOR AN ACT ENTITLED, An Act to revise the area where certain nonresident waterfowl licenses may be issued.

    Was read the second time.

    The question being “Shall SB 123 pass?”

    And the roll being called:

    Yeas 23, Nays 10, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Klumb; Langer; Maher; Nelson; Netherton; Novstrup; Partridge; Rusch; Russell; Stalzer; Tapio; Wiik; Youngberg

    Nays:
Kennedy; Kolbeck; Monroe; Nesiba; Otten (Ernie); Soholt; Solano; Sutton; Tidemann; White

    Excused:
Killer; Peters

    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 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.

    Having had its second reading was up for consideration and final passage.

    The question now being on Sen. Monroe's pending motion to amend SB 66 as found on page 313 of the Senate Journal.

    Sen. Monroe's pending motion to Amend on SB 66 was withdrawn.

    The question being “Shall SB 66 pass as amended?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; 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:
Killer

    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 81: FOR AN ACT ENTITLED, An Act to prohibit the manufacture, sale, or possession of alcohol in a powdered, condensed, or other concentrated form under most circumstances.

    Was read the second time.

    The question being “Shall SB 81 pass?”

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

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

    Nays:
Russell

    Excused:
Killer

    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 77: FOR AN ACT ENTITLED, An Act to provide for a fiscal note for any initiated measure, initiated amendment to the Constitution, or referred law that would have a fiscal impact on the state.

    Was read the second time.

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    Sen. Sutton moved that SB 77 be amended as follows:

    On page 1 of the Senate State Affairs Committee engrossed bill, delete lines 5 to 14, inclusive, and insert:

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    If the director of the Legislative Research Council determines in the review and comment under § 12-13-25 that any initiated measure or initiated amendment to the Constitution may have an impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions, the sponsor of the initiated measure or initiated amendment to the Constitution shall request a fiscal note from the director of the Legislative Research Council. No petition for any initiated measure or initiated amendment to the Constitution may be filed with the secretary of state pursuant § 2-1-1.1 or 2-1-1.2 before the director of the Legislative Research Council files a fiscal note, if any, pursuant to section 3 of this Act.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    If any referred law had a fiscal note prepared by the director of the Legislative Research Council prior to passage of the law, the sponsor shall obtain the fiscal note from the Legislative Research Council website and attach the fiscal note to the petition filed pursuant to § 2-1-3.1. If the fiscal note exceeds fifty words, the sponsor shall request from the director of the Legislative Research Council a summary of the fiscal note that does not exceed fifty words and attach the fiscal note summary in lieu of the fiscal note to the petition filed pursuant to § 2-1-3.1. The director shall file the fiscal note summary with the sponsor within five days of receipt of the sponsor's request.".

    On page 2, delete lines 1 to 10, inclusive.

    On page 2, line 13, after "pursuant to" insert "section 1 of".

    On page 2, line 17, before "request" insert "sponsor's".

    On page 4, line 1, delete "section 2" and insert "section 3".

    On page 4, line 21, delete "section 2" and insert "section 3".

    On page 5, line 11, after "prepared" insert "pursuant to section 3 of this Act".

    On page 6, line 11, after "prepared" insert "pursuant to section 3 of this Act".

    On page 7, line 15, delete "prepared" and insert "or summary of a fiscal note obtained pursuant to section 2 of this Act".

    Sen. Curd requested that Joint Rule 5-17 be invoked on SB 77.

    Which request was supported and SB 77 with Sen. Sutton's pending motion to amend was deferred until Monday, February 13th, the 21st legislative day.

SIGNING OF BILLS

    The President publicly read the title to

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

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

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

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

    And signed the same in the presence of the Senate.

    Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at 4:04 p.m. the Senate adjourned.

Kay Johnson, Secretary