Senate Journal 2/27/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 27, 2017

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

The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by Senate page Elle Moon.

Roll Call: All members present except Sens. Curd, Killer, and Langer 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-eighth 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 Local Government respectfully reports that it has had under consideration HB 1165 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 1117 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1211 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 HB 1141 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the House State Affairs Committee engrossed bill, after "regarding" insert "constitutional amendments,".

On page 2, line 15, after "voter" insert "constitutional amendment,".

On page 2, line 17, after "voter" insert "constitutional amendment,".

On page 2, line 18, after "voter" insert "constitutional amendment,".

On page 1, line 2, of the House State Affairs Committee engrossed bill, after "regarding the" insert "constitutional amendment,".

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 HB 1130 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 14, of the House engrossed bill, delete "~~at least one~~ no later than" and insert "at least one".

On page 2, line 15, delete "December first during the".

On page 3, line 22, delete "~~at least one~~ no later than December first during the" and insert "at least one".

On page 5, line 15, before "draft" insert "Legislative Research Council".

On page 5, line 17, after "The" insert "Legislative Research Council".

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 SCR 13 which was tabled.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1149 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1118 and 1191 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1183 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 13, of the printed bill, after "tool" delete "the".

And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 21, 39, 40, 41, 42, and 83 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that SJR 2 and SB 97 were lost for failure to be placed on the House Calendar.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1095.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1011, 1013, and 1014 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 21, 39, 40, 41, 42, and 83 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Jensen (Phil) moved that the rules be suspended for the sole purpose of reconsidering HB 1077.

The question being on Sen. Jensen (Phil)'s motion that the rules be suspended for the sole purpose of reconsidering HB 1077.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Curd; Killer; Langer

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried.

HB 1077: FOR AN ACT ENTITLED, An Act to provide for the assignment of certain benefits in dental care insurance coverage.

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

Sen. Netherton moved that HB 1077 be amended as follows:

On page 2, line 18, of the House engrossed bill, after "." insert "The provisions of this Act do not apply to any service payable as a medical benefit pursuant to a health benefit plan as defined in subdivision 58-17-66(9).".

Which motion prevailed.

The question being “Shall HB 1077 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Killer; Langer

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.

HCR 1011: A CONCURRENT RESOLUTION, Recognizing and honoring Sitting Bull, Tatanka-Iyotanka, a courageous warrior, statesman, dedicated leader, one of South Dakota's first ambassadors to the world, and a man who remains an essential figure in South Dakota and United States history.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1011 on the calendar of Tuesday, February 28^th, the 30^th legislative day.

HCR 1013: A CONCURRENT RESOLUTION, To urge the United States Department of State to approve the presidential permit application allowing the construction and operation of the TransCanada Keystone XL Pipeline between the United States and Canada.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1013 on the calendar of Tuesday, February 28^th, the 30^th legislative day.

HCR 1014: A CONCURRENT RESOLUTION, Expressing the strongest support for, and unity with, the State of Israel and recognizing Jerusalem, as Israel's undivided capital.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1014 on the calendar of Tuesday, February 28^th, the 30^th legislative day.

Sen. Maher moved that HB 1071 and 1083 be deferred to Tuesday, February 28^th, the 30^th legislative day.

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1124: FOR AN ACT ENTITLED, An Act to exempt a person with a commercial driver license from the requirement to have a hazardous materials endorsement on the license under certain conditions.

Was read the second time.

The question being “Shall HB 1124 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Killer; Langer

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 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how stop lamps shall be mounted and displayed on vehicles and trailers.

Was read the second time.

The question being “Shall HB 1174 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Killer; Langer

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 1084: FOR AN ACT ENTITLED, An Act to allow chiropractic corporations operated as sole proprietorships to be operated for a certain time after the death of the chiropractor.

Was read the second time.

The question being “Shall HB 1084 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Killer; Langer

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 1065: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the liability of persons for certain business debts.

Was read the second time.

The question being “Shall HB 1065 pass as amended?”

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

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

Nays:
Partridge; Soholt

Excused:
Curd; Killer; Langer

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 1005: FOR AN ACT ENTITLED, An Act to require the Government Operations and Audit Committee to provide oversight to the Board of Regents on issues relating to the university centers.

Was read the second time.

The question being “Shall HB 1005 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Killer; Langer

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 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 second time.

The question being “Shall HB 1044 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Curd; Killer; Langer

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 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 second time.

The question being “Shall HB 1097 pass?”

And the roll being called:

Yeas 20, Nays 12, Excused 3, Absent 0

Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Kennedy; Klumb; Kolbeck; Netherton; Novstrup; Partridge; Rusch; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

Nays:
Greenfield (Brock); Heinert; Jensen (Phil); Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Peters; Russell; Sutton; Tapio

Excused:
Curd; Killer; Langer

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

Sen. Tidemann announced his intention to reconsider the vote by which HB 1097 lost.

SIGNING OF BILLS

The President publicly read the title to

SB 21: FOR AN ACT ENTITLED, An Act to revise certain provisions related to public grain warehouses and grain buyers.

SB 39: FOR AN ACT ENTITLED, An Act to allow owners to affix vehicle identification numbers on certain trailers.

SB 40: FOR AN ACT ENTITLED, An Act to revise the start date of driver license suspension, revocation, and disqualification periods.

SB 41: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license reinstatement requirements.

SB 42: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons requesting an abstract of their own driver operating record.

SB 83: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the criteria for informal adjustment for any apparent child in need of supervision.

HB 1010: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the NSU Regional Science Education Center at Northern State University and to make an appropriation therefor.

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.

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

And signed the same in the presence of the Senate.

Sen. Nesiba moved that the Senate do now adjourn, which motion prevailed and at 3:09 p.m. the Senate adjourned.

Kay Johnson, Secretary