Senate Journal 2/13/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 13, 2017

The Senate convened at 2:00 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 page Dalton Larson.

Roll Call: All members present except Sens. Killer and Tapio 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 twentieth 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 1055 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SJR 2 and returns the same with the recommendation that said resolution do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill be amended as follows:

58fa

On page 1, line 12, of the printed bill, after "way" insert ". This section does not require the department to remove any snow or ice from sidewalks".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 80 and returns the same with the recommendation that said bill be amended as follows:

80fa

On page 1, line 10, of the printed bill, after "." insert "Any drone operating under the authority of the Armed Forces of the United States, including the National Guard, is exempt from this Act.

The restrictions of sections 4 to 6, inclusive, do not apply to a drone operator operating a drone for commercial purposes pursuant to and in compliance with federal aviation administration regulations, authorizations, and exemptions.".

On page 1, delete lines 11 to 14, inclusive.

On page 2, delete lines 1 to 3, inclusive.

On page 3, line 6, delete "Any" and insert "Except for authorized law enforcement or any military purposes, including the lawful manufacture, repair, or refurbishment as of a legitimate contract with authorized law enforcement or military, any".

On page 3, line 7, delete everything before "or otherwise" and insert "of firing a bullet or projectile".

On page 3, delete lines 9 to 16, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 113 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SCR 9 which was tabled.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 111 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 1 and SB 53 which were tabled.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 127 which was tabled.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 158 which was deferred to the 41^st 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 SB 136 and returns the same with the recommendation that said bill be amended as follows:

136ka

On page 1, line 11, of the printed bill, after "chapter" insert "to manage and care for the low-risk mother-baby unit in an out-of-hospital setting during pregnancy, labor, delivery, and postpartum periods".

On page 1, line 12, after "midwife" insert "outside of a hospital".

On page 7, line 11, delete "(8)" and insert "(7)".

On page 10, line 20, after "Act;" delete "or".

On page 10, line 22, after "law" insert "; or

(11) Engaged in substandard, unprofessional, or dishonorable conduct".

And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1040.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Peters moved to invoke JR 1-10 to refer the dissent filed on February 1, 2017, the 14^th Legislative Day on HB 1069 as found on page 262 of the Senate Journal back to the dissenting and protesting members.

Sen. Peters' motion was supported and the dissent was referred back to the dissenting and protesting members for emendation.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 138 as found on page 354 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

The following bill was read on February 7, 2017, and today the President Pro tempore assigned this bill to committee.

HB 1112 was referred to the Committee on Judiciary.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 145: FOR AN ACT ENTITLED, An Act to provide limitation on liability for certain architects and engineers

Was read the second time.

The question being “Shall SB 145 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, 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; Tidemann; White; Wiik; Youngberg

Excused:
Killer; Tapio

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 1015: FOR AN ACT ENTITLED, An Act to designate the South Dakota Housing Development Authority as the administrator of a federal housing program.

Was read the second time.

The question being “Shall HB 1015 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Tapio

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 140: FOR AN ACT ENTITLED, An Act to require schools to provide instruction in hands-only cardiopulmonary resuscitation.

Was read the second time.

The question being “Shall SB 140 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Tapio

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 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purchase from a municipality of malt beverages by certain alcoholic beverage licensees.

Was read the second time.

75jc

Sen. Rusch moved that SB 75 be amended as follows:

On page 2, line 2, of the printed bill, after "." insert "The provisions of this section for a licensee licensed pursuant to subdivision 35-4-2(3), (4), or (20) only apply if the licensee is located in a municipality with a population that exceeds eight thousand.".

Which motion prevailed.

The question being “Shall SB 75 pass as amended?”

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

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

Nays:
Curd; Nelson; Netherton; Russell

Excused:
Killer; Soholt; Tapio

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.

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

The question now being on Sen. Sutton's pending motion to amend SB 77 as found on page 348 of the Senate Journal.

Which motion prevailed.

The question being “Shall SB 77 pass as amended?”

And the roll being called:

Yeas 27, Nays 5, Excused 3, Absent 0

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

Nays:
Frerichs; Heinert; Kennedy; Nesiba; Sutton

Excused:
Killer; Soholt; Tapio

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

Was read the second time.

The question being “Shall SB 137 pass?”

And the roll being called:

Yeas 28, Nays 4, Excused 3, Absent 0

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

Nays:
Heinert; Kennedy; Nesiba; Sutton

Excused:
Killer; Soholt; Tapio

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 70: 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 second time.

The question being “Shall SB 70 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, 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; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Excused:
Killer; Soholt; Tapio

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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding inspection affidavits for amusement rides.

Was read the second time.

The question being “Shall HB 1007 pass as amended?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Killer; Nelson; Soholt; Tapio

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 1026: FOR AN ACT ENTITLED, An Act to require tracking numbers to be included on the quarterly reports of direct shippers and of wine carriers.

Was read the second time.

The question being “Shall HB 1026 pass?”

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

Nays:
Nelson

Excused:
Killer; Soholt; Tapio

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 1031: FOR AN ACT ENTITLED, An Act to revise certain restrictions regarding division directors of the Department of Revenue.

Was read the second time.

The question being “Shall HB 1031 pass?”

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

Nays:
Solano; Sutton

Excused:
Killer; Soholt; Tapio

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 1038: FOR AN ACT ENTITLED, An Act to repeal the requirement for farm corporations to file farm annual reports with the secretary of state.

Was read the second time.

The question being “Shall HB 1038 pass?”

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

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

Nays:
Frerichs; Heinert; Kennedy; Maher; Nesiba; Peters; Sutton; White

Excused:
Killer; Tapio

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.

COMMEMORATIONS

SC 23 Introduced by: Senators Greenfield (Brock), Bolin, Cronin, Curd, Ewing, Frerichs, 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, and Youngberg and Representatives Rhoden and Brunner

A LEGISLATIVE COMMEMORATION, Honoring Senator Gary Cammack and his wife Amy for receiving the Olin Sims Conservation Leadership Award in January of 2017.

WHEREAS, the annual award was created in 2007 by the National Association of Conservation Districts and the Natural Resource Conservation Service, following the death of Olin Sims, based on the merit of conservation of land, a merit Sims showed his whole life; and

WHEREAS, both Gary and Amy Cammack have gone above and beyond the call for conservation and stewardship of the land and the encouragement of civic engagement; and

WHEREAS, both are heavily active in their community of Union Center, South Dakota, and Senator Gary Cammack has worked for South Dakota Legislature and currently sits as the chairman of the Agriculture and Natural Resources Committee; and

WHEREAS, the Cammack family has previously been recognized for their conservation efforts through awards such as The South Dakota Society of Range Management's Excellence in Range Award, the National Cattleman's Beef Association's Region 7 Environmental Stewardship Award, and were finalists for the highly competitive South Dakota Leopold Conservation Award in 2011, 2012, 2015, and 2016; and

WHEREAS, the Cammacks have reached out to the younger generations, educating them on the importance of conservation and have held several educational events such as the World Wildlife Fund's Regional Advisory Panel in 2012 and the South Dakota Grassland Coalition's Annual Bird Tour of 2014:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature honors both Gary and Amy Cammack for their exemplary conservation efforts, for being great role models for younger generations, and for receiving the prestigious Olin Sims Conservation Leadership Award.

SC 24 Introduced by: Senators Haverly, Bolin, Cammack, Cronin, Ewing, Frerichs, Jensen (Phil), Kolbeck, Langer, Maher, Monroe, Otten (Ernie), Partridge, Peters, Rusch, Soholt, Solano, Stalzer, Sutton, Tidemann, White, and Wiik and Representatives Tieszen, Campbell, DiSanto, Frye-Mueller, Howard, Hunhoff, Johns, Johnson, McPherson, Reed, and Turbiville

A LEGISLATIVE COMMEMORATION, Commending Heather Wilson on her nomination for Secretary of the United States Air Force and honoring her service to South Dakota.

WHEREAS, Heather Wilson earned her Bachelor of Science degree from the United States Air Force Academy in the third class to include women and completed her master's and doctoral degrees as a Rhodes Scholar at Oxford University in England; and

WHEREAS, after service in Europe as an Air Force officer during the cold war, Heather Wilson served on the National Security Council staff under President George H. W. Bush; and

WHEREAS, Heather Wilson served in the United States Congress from 1998 to 2009, where she was senior member of the House Energy and Commerce Committee and chaired the House Subcommittee on Technical and Tactical Intelligence; and

WHEREAS, as president of South Dakota School of Mines, one of the nation's top engineering and science universities, she has established new academic programs, increased research, grown enrollment, secured critical infrastructure investments, deepened a connection between the university and the community, and improved financial management; and

WHEREAS, Heather Wilson's nomination to serve as Secretary of the United States Air Force by President Donald J. Trump recognizes her distinguished military service and exceptional level of knowledge and success; and

WHEREAS, her nomination lends particular honor and credit to the State of South Dakota and to the system of public higher education in the Rushmore State:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the South Dakota Legislature honors and salutes Heather Wilson for her dedicated service to the State of South Dakota and offers all good wishes as she moves through the federal confirmation process.

SC 25 Introduced by: Senators Frerichs, Greenfield (Brock), Tidemann, White, and Wiik and Representatives McCleerey, Greenfield (Lana), Kettwig, Mills, Tulson, and Wismer

A LEGISLATIVE COMMEMORATION, Celebrating and honoring Sisseton's 125^th anniversary on April 15, 2017, and the Celebrate Sisseton 125th festivities on July 14, 15, and 16, 2017.

WHEREAS, Sisseton became a community at 12:00 noon on April 15, 1892, and over the last one hundred twenty-five years has grown to a population of more than two thousand four hundred fifty with almost two hundred businesses, an outstanding school system, excellent medical services, and numerous cultural and recreational opportunities; and

WHEREAS, the Celebrate Sisseton 125^th weekend will offer a variety of exhibits, attraction, events, and entertainment including stage entertainment, food and craft vendors, concerts by Eclipse and Restless Heart, a fireworks display, a Saturday morning kiddie parade, a Sunday afternoon 125th parade, various athletic competitions, a veterans museum display, Native American flute music by Bryan Akipa, helicopter rides, a wagon train, a ranch rodeo, and much more:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes the community of Sisseton and invites everyone to participate in Sisseton's 125^th celebration on July 14, 15, and 16, 2017.

Sen. Novstrup moved that the Senate do now adjourn, which motion prevailed and at 3:29 p.m. the Senate adjourned.

Kay Johnson, Secretary