Senate Journal 2/15/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

TWENTY-THIRD DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 15, 2017

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

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate pages Mit Patel and Rachel Schoon.

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 twenty-second 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 1066 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 Transportation respectfully reports that it has had under consideration SB 119 which was tabled.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 114 and 148 which were tabled.

Respectfully submitted,
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 20 and 152 which were tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 142 and returns the same with the recommendation that said bill be amended as follows:

142fa

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

" Section 1. That chapter 106 of the 2016 Session Laws be amended by adding NEW SECTIONS to read:

Section 5. Before October 1, 2017, South Dakota State University shall provide status updates on the research conducted pursuant to section 1 of this Act to the Department of Revenue and the Agricultural Land Assessment Implementation and Oversight Task Force on an as needed basis. At a minimum the university shall provide the status updates at all task force meetings and at any other special meetings that may be called by the department or task force.

Section 6. Between October 1, 2017, and August 1, 2018, South Dakota State University shall provide preliminary research results to the Department of Revenue and the Agricultural Land Assessment Implementation and Oversight Task Force. Periodic meetings shall be scheduled as necessary. During this period, the implementation of any research findings and potential impacts on agricultural land assessments shall be discussed and analyzed.

Section 7. Before November 1, 2018, South Dakota State University shall publish the final results of the research and discuss policy recommendations with the Department of Revenue and the Agricultural Land Assessment Implementation and Oversight Task Force."

142fta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for certain updates and reports concerning research data and methods used to assess agricultural land.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 169 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1127 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1091, 1136, and 1161 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 SB 166 and returns the same with the recommendation that said bill be amended as follows:

166wa

On page 1, line 9, of the printed bill, after "use" insert "and is not secured by a nonpurchase money security interest in a motor vehicle".

And that as so amended said bill 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 the nomination of Quentin L. Riggins of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 160 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 95 and returns the same with the recommendation that said bill be amended as follows:

95ca

On page 1, line 10, of the printed bill, before "approved" insert "product".

On page 4, line 16, after "Cannabidiol" insert ", a drug product approved by the United States Food and Drug Administration".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 144 and returns the same with the recommendation that said bill be amended as follows:

144wtc

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for the Servicemember Firearms Protection Act.".

On page 1, delete line 2.

144wd

On page 2, line 1, of the printed bill, after "restricts" insert "a servicemember as defined in § 33-1-1, or any member of the National Guard or any reserve component of the armed forces of the United States from the ".

144wh

On page 1 of the printed bill, delete line 13.

On page 2, delete lines 1 to 4, inclusive.

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 Myron L. Rau, to the South Dakota 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.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 157 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 149 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 147 and returns the same with the recommendation that said bill be amended as follows:

147sa

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

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

The Department of Social Services and the Department of Human Services shall jointly establish a rate-setting methodology for services delivered by community-based health and human services providers to increase transparency in the rate-setting process. Each category of service shall undergo a comprehensive rate modeling analysis at least every five years. The departments may elect to conduct the analysis earlier or on a more frequent basis if warranted by cost report information or other market conditions. Any new service model shall undergo comprehensive rate modeling analysis prior to implementation.

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

Rate modeling analysis shall include a review of current cost report data, specific service delivery and staffing requirements, training and fidelity standards associated with related service models, current market factors, and current and impending state and federal policies that may impact the cost of service delivery.

Section 3. That the code be amended by adding a NEW SECTION to read:

Rate modeling analyses shall be an inclusive work group process with providers representing each service category under review.

Section 4. That the code be amended by adding a NEW SECTION to read:

Rate determination resulting from rate modeling analyses utilizing historical cost report information shall be adjusted in a manner to be applied in a prospective fashion.

Section 5. That the code be amended by adding a NEW SECTION to read:

Any rate variance identified through the rate modeling process shall be formulated and included in Department of Social Services and Department of Human Services budget requests for the next fiscal year's budget and be considered for funding on a priority basis. The

department shall report any rate variance to the Legislature on an annual basis in conjunction with annual budget hearings.

Section 6. That the code be amended by adding a NEW SECTION to read:

This Act applies to all state funded services, including federal funding, Medicaid and block grant fund sources, state general funds, and other funds allocated by the Department of Social Services or the Department of Human Services, that are provided by the following types of community-based providers:

(1) Nursing homes;

(2) Assisted living facilities;

(3) In-home service providers;

(4) Group care providers;

(5) Psychiatric residential treatment facilities;

(6) Substance abuse disorder treatment and prevention providers;

(7) Community mental health centers;

(8) Intermediate care facilities for co-occurring intellectual and developmental disabilities;

(9) Community support providers; and

(10) Other types of providers deemed appropriate for inclusion by either the secretary of the Department of Social Services or the secretary of the Department of Human Services.".

147stb

On page 1, line 1, of the printed bill, delete everything after "establish a" and insert "rate-setting methodology for services delivered by community-based health and human services providers.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 163 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 124 and returns the same with the recommendation that said bill be amended as follows:

124fa

On page 1 of the printed bill, delete lines 7 to 10, inclusive, and insert:

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

Any private agency that provides services to a refugee arriving directly in South Dakota shall submit an annual report to the Governor and the Legislature by December thirty-first of each year. The report shall include:

(1) A description of the services provided;

(2) A list of the municipalities or areas receiving a direct arrival refugee;

(3) The total number of direct arrival refugees;

(4) The demographic breakout of the direct arrival refugees by age, country of origin, and sex; and

(5) Any proposed change to the expected number of direct arrival refugees or municipalities or areas designated to receive direct arrival refugees.
Section 3. Section 2 of this Act is repealed on December 31, 2020.".

124ftb

On page 1, line 1, of the printed bill, delete everything after "to" and insert "repeal the authority for the Department of Social Services to enter agreements related to the Refugee Act of 1980 and to require certain reports regarding services provided to and arrival of refugees.".

On page 1, delete line 2.

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

135jb

On page 1, line 14, of the printed bill, delete everything after "(3)" and insert ""Placard," any sign or post on or near the article and placed in a conspicuous location as to render it likely to be read and understood by a customer under normal conditions of purchase".

On page 1, delete line 15.

On page 2, line 1, delete everything before ";" .

On page 2, line 3, delete "(4)" and insert "(5)".

On page 2, line 6, delete "label of" and insert "placard that denotes the".

On page 2, line 7, delete "label" and insert "placard".

On page 2, line 9, delete "label" and insert "placard".

On page 2, line 10, delete "be labeled" and insert "bear a placard that denotes the origin".

On page 2, line 13, delete "labels" and insert "placards".

On page 2, line 14, delete "labels" and insert "placards".

On page 2, line 20, before "country" insert "placard denoting the".

135fa

On page 2, line 20, of the printed bill, delete "Class 2" and insert "petty offense.".

On page 2, delete line 21.

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

139ja

On page 1, line 11, of the printed bill, before "hunting" insert "waterfowl".

On page 1, line 12, after "lands" insert "and who holds a waterfowl outfitter permit".

On page 1, line 14, after "." insert "Nothing in this Act requires that a person possess a waterfowl outfitter permit to provide or offer to provide hunting access, assistance, guidance, or opportunity for waterfowl hunting on private lands.".

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 50 which was tabled.

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 65 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1073, 1083, 1087, 1098, 1101, 1109, 1110, 1118, 1144, and 1150 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 65 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1007 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

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

Sen. Bolin moved that the Senate do now reconsider the vote by which SJR 2 lost.

The question being on Sen. Bolin's motion to reconsider the vote by which SJR 2 lost.

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

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

Nays:
Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Nelson; Nesiba; Partridge; Russell; Soholt; Sutton; Tapio

Excused:
Jensen (Phil)

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SJR 2 was up for reconsideration and final passage.

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.

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

The question being “Shall SJR 2 pass?”

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

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

Nays:
Curd; Ewing; Frerichs; Greenfield (Brock); Heinert; Kennedy; Killer; Nelson; Nesiba; Partridge; Russell; Soholt; Sutton; Tapio; Youngberg

Excused:
Jensen (Phil)

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

Sen. Soholt moved that the Senate do concur in House amendments to SB 48.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 48.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

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.

HCR 1007: A CONCURRENT RESOLUTION, Strengthening and expanding sister-state ties between South Dakota and Taiwan; supporting the signing of a Free Trade Agreement (FTA) and a Bilateral Investment Agreement (BIA) with the United States; and reaffirming support for increasing Taiwan's international profile.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1007 on the calendar of Thursday, February 16^th, the 24^th legislative day.

Sen. Curd moved that SB 138 be deferred to Thursday, February 16^th, the 24^th legislative day.

Which motion prevailed.

Sen. Curd moved that SB 58 be deferred to Wednesday, February 22^nd, the 26^th legislative day.

Which motion prevailed.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 16^th, the 24^th 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 143 as found on page 382 of the Senate Journal; also

Education on SB 85 as found on page 380 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Scott Herman of Todd County, Mission, South Dakota, to the South Dakota Board of Education.

The question being “Does the Senate advise and consent to the executive reappointment of Scott Herman pursuant to the executive message as found on page 320 of the Senate Journal?”

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Jensen (Phil)

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1073: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.

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

HB 1083: FOR AN ACT ENTITLED, An Act to establish certain provisions for awarding grants and collecting surcharges related to the equal access to our courts fund.

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

HB 1087: FOR AN ACT ENTITLED, An Act to authorize the recovery of attorney's fees in civil actions relating to highway obstructions.

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

HB 1098: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice requirements of county commissions in authorizing installation of utility lines along and across highways.

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

HB 1101: FOR AN ACT ENTITLED, An Act to increase the penalty for performing an abortion of an unborn child capable of feeling pain.

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

HB 1109: FOR AN ACT ENTITLED, An Act to create provisions for prohibiting the use of handheld electronic wireless communications devices by school bus drivers.

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

HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school bus stop violations.

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

HB 1118: FOR AN ACT ENTITLED, An Act to eliminate the need to prove the use of force, fraud, or coercion in the human trafficking of minors.

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

HB 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commercial driver license disqualification for refusing to submit to a chemical analysis.

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

HB 1150: FOR AN ACT ENTITLED, An Act to provide for the issuance of certain hunting licenses to nonresident military veterans at the resident rate.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

Sen. Nelson requested that the consideration of the executive reappointment of the Honorable John Bastian be removed from the Consent Calendar.

SECOND READING OF CONSENT CALENDAR ITEMS

Pursuant to Senate Rule 6-1, the President removed HB 1013 from the Consent Calendar.

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

Was read the second time.

The question being “Shall HB 1081 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-elect, the President declared the bill passed and the title was agreed to.

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

Was read the second time.

The question being “Shall HB 1088 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 80: FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and to provide a penalty therefor.

Was read the second time.

80cb

Sen. Rusch moved that SB 80 be amended as follows:

On page 1, line 12, of the Senate Local Government Committee engrossed bill, delete "6" and insert "5".

Which motion prevailed.

The question being “Shall SB 80 pass as amended?”

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Otten (Ernie); Russell; Stalzer; 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 136: FOR AN ACT ENTITLED, An Act to permit and regulate the practice of licensed certified professional midwives.

Was read the second time.

136oa

Sen. Soholt moved that SB 136 be amended as follows:

On page 7, line 5, of the Senate Health and Human Services Committee engrossed bill, delete "and" and insert:

(g) RhoGam; and".

Which motion prevailed.

136sa

Sen. Peters moved that SB 136 be amended as follows:

On page 9, line 15, of the Senate Health and Human Services Committee engrossed bill, delete "account of the general".

On page 9, line 18, delete everything after "regulation" and insert "fund. The funds in".

Which motion prevailed.

The question being “Shall SB 136 pass as amended?”

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Cronin; Curd; Kennedy; Peters; Stalzer; Tidemann

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.

SIGNING OF BILLS

The President publicly read the title to

SB 65: FOR AN ACT ENTITLED, An Act to establish the South Dakota Board of Technical Education and to revise certain provisions regarding career and technical education and postsecondary technical institutes.

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

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

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.

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

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.

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.

And signed the same in the presence of the Senate.

Sen. Wiik moved that the Senate do now adjourn, which motion prevailed and at 3:52 p.m. the Senate adjourned.

Kay Johnson, Secretary