JOURNAL OF THE SENATE

NINETY-SECOND SESSION



TWENTY-SECOND DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 14, 2017

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

    The prayer was offered by the Chaplain, Pastor Craig Wexler, followed by the Pledge of Allegiance led by Senate pages Carter Hoffer and Jayd Mullen.

    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 twenty-first 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


February 6, 2017

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 Chapter1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Lori Wagner, of Day County, Webster, South Dakota, to the South Dakota Board of Education.

    This appointment is effective immediately, and shall continue until December 31, 2020.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Education.


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1013 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 Education respectfully reports that it has had under consideration SB 85 and returns the same with the recommendation that said bill be amended as follows:

85ca

    On page 2 of the printed bill, delete lines 1 to 4, inclusive.

    On page 2, line 5, delete everything before "The" and insert "
    However, within each school district, a total of no more than five percent of the students required to be assessed pursuant to this section may be excused from the requirement if the

student's parent or guardian, or, if the student is emancipated, the student submits a request for an exemption. A request for an exemption shall be on forms provided by the Department of Education and shall be submitted to the superintendent of the school district within one hundred eighty days of the start of any school fiscal year.".


    On page 2, line 6, before "No" insert "A school district shall grant exemptions from the requirement in this section in the order in which the requests for exemption are received. Once the number of exemptions granted in a school district in any school year reaches the five percent maximum, no further exemptions may be granted in that year in that school district.".

    On page 2, after line 9, insert:

"    Section 2. That chapter 13-3 be amended by adding a NEW SECTION to read:

    A student's results on any assessment administered pursuant to § 13-3-55 may not be included on the student's grade transcript unless the student's parent or guardian, or, if the student is emancipated, the student consents.".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Scott Herman of Todd County, Mission, South Dakota, to the South Dakota Board of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Honorable John Bastian of Butte County, Belle Fourche, South Dakota, to the State Board of Regents 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 Education respectfully reports that it has had under consideration SB 132 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1081 and 1088 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 143 and returns the same with the recommendation that said bill be amended as follows:

143ba

    On page 1 of the printed bill, delete line 5, and insert "A licensee licensed pursuant to subdivisions 35-4-2(3) or (5) may apply for an off-sale delivery".

    On page 1, line 6, delete "sale licensee".

    On page 1, line 6, after "alcohol" insert "to a consumer".

    On page 1, delete line 8, and insert "in person and on-site at the licensee's off-sale premises. The minimum purchase of alcohol shall be one hundred fifty dollars. The delivery shall be made during hours of operation pursuant to § 35-4-81 by an employee of the".

    On page 1, line 11, delete "shipment" and insert "delivery".

    On page 1, line 13, after "." insert "Documentation verifying the identification of the person signing for the delivery shall be retained by the licensee for one year.".

    On page 4, line 24, delete "Transfer of alcohol by an off-sale licensee_two" and insert "Off-sale delivery--one".

    On page 5, line 21, delete "a licensee pursuant to section 1 of this Act" and insert "off-sale delivery licensees".

143bta

    On page 1, line 1, of the printed bill, delete everything after "create" and insert "an off-sale delivery license".

    On page 1, line 2, delete "sale licensees".
    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 150 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 61 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 61 which has passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 11 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 48 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1037.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1113 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Curd moved that SB 138 be deferred to Wednesday, February 15th, the 23rd legislative day.

    Which motion prevailed.

    Sen. Kennedy moved that HC 1012 be removed from today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on SB 136 as found on page 368 of the Senate Journal; also

    Local Government on SB 58 as found on page 366 of the Senate Journal; also

    Local Government on SB 80 as found on page 366 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The President declared that SB 153 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding protection orders.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the need for a driver license or permit to operate certain motor vehicles.

    Was read the second time.

    The question being “Shall HB 1055 pass as amended?”

    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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 113: FOR AN ACT ENTITLED, An Act to require certain provisions to be met before distribution of the 911 emergency surcharge revenue and to revise the effective date for the sunset clause provisions that lower the 911 emergency surcharge and revise the method of distributing funds.

    Was read the second time.

    The question being “Shall SB 113 pass?”

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

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

    Nays:
Jensen (Phil); Nelson; Russell

    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.

    SJR 2: 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 second time.

    The question being “Shall SJR 2 pass?”

    And the roll being called:

    Yeas 17, Nays 16, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Klumb; Langer; Maher; Monroe; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

    Nays:
Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Kolbeck; Nelson; Nesiba; Partridge; Russell; Soholt; Sutton

    Excused:
Killer; Tapio

    So the resolution not having received an affirmative vote of a majority of the members-elect, the President declared the resolution lost.


    Sen. Bolin announced his intention to reconsider the vote by which SJR 2 lost.

SIGNING OF BILLS

    The President publicly read the title to

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

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

    HB 1027: FOR AN ACT ENTITLED, An Act to allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed.

    HB 1029: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

    HB 1030: FOR AN ACT ENTITLED, An Act to implement certain vehicle size and weight provisions required by federal law.

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

    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.

    HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensure of physical therapists and physical therapist assistants.

    And signed the same in the presence of the Senate.

    Sen. Cammack moved that the Senate do now adjourn, which motion prevailed and at 3:28 p.m. the Senate adjourned.

Kay Johnson, Secretary