Senate Journal 3/2/2017 01:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 2, 2017

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Kimberly LaPlante, followed by the Pledge of Allegiance led by Senate page Ellen Lewis.

Roll Call: All members present except Sens. Netherton and Frerichs 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 thirty-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.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1147 and 1156 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 15 and returns the same with the recommendation that said resolution be amended as follows:

On page 1 of the printed resolution, delete lines 3 to 14, inclusive, and insert:

WHEREAS, the President of the United States, Donald J. Trump, delivered his first address to Congress; and

WHEREAS, the presidential address, according to nearly all press reports, had the effect of bringing the country together; and

WHEREAS, the President has indicated his commitment to keeping our nation safe from radical Islamic terrorism:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature, would like to commend the President for his unifying words and his commitment to the safety of the American people.".

Delete pages 2 and 3, inclusive

On page 1, line 1, of the printed resolution, delete everything after "," and insert "Commending President Donald J. Trump in his commitment to keeping the country safe from radical Islamic terrorism.".

On page 1, delete line 2.

And that as so amended said resolution do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration HB 1076 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 1074 which was tabled.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1072 and 1101 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1200 which was deferred to the 41^st Legislative Day.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1143 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 HB 1001 and 1155 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 Judiciary respectfully reports that it has had under consideration HB 1112 and returns the same with the recommendation that said bill without recommendation.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1090 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1092 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1173, 1205, 1206, 1207, 1208, 1209, and 1210 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1063 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1150 which was tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Conrad T. Adam of Hughes County, Pierre, 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 appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Pam Roberts of Hughes County, Pierre, 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 appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Lori Wagner of Day County, Webster, 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 appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Gopal M. Vyas of Davison County, Mitchell, 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 appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Kay Schallenkamp of Lawrence County, Spearfish, 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.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 6, 113, and 136 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 1014 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 113 and 136 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 154 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1065 and 1077.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 144 and 167 were lost for failure to be placed on the House Calendar.

Also MR. PRESIDENT:

I have the honor to return herewith SB 90, 103, and 164 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Curd moved that HCR 1012 be deferred to Monday, March 6^th, the 33^rd legislative day.

Which motion prevailed.

Sen. Kolbeck moved that the Senate do concur in House amendments to SB 81.

The question being on Sen. Kolbeck's motion that the Senate do concur in House amendments to SB 81.

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Jensen (Phil); Nelson; Russell

Excused:
Frerichs; Netherton

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.

Sen. Nelson moved that the Senate do concur in House amendments to SB 102.

The question being on Sen. Nelson's motion that the Senate do concur in House amendments to SB 102.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Frerichs; Netherton

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.

SENATE PAGE RESOLUTION 4 Introduced by: Senators Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup, Al; Otten, Ernie; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-second Legislature of the State of South Dakota to Amber Buskness, Audrey Cope, Madison Jones, Ellen Lewis, Elle Moon, Brigita Rasmussen, Sydney Swanson, Hannah Weinheimer.

WHEREAS, the above named served loyally as pages for the Senate of the Ninety-second Legislative Session; and

WHEREAS, the members of the Ninety-second Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Solano moved that Senate Page Resolution 4 be adopted.

The question being on Sen. Solano's motion that Senate Page Resolution 4 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Frerichs; Netherton

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

Sen. Peters moved that the Senate do concur in House amendments to SB 120.

The question being on Sen. Peters' motion that the Senate do concur in House amendments to SB 120.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Frerichs; Netherton

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.

Sen. Soholt moved that the Senate do concur in House amendments to SB 44.

The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 44.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Frerichs; Netherton

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.

Sen. Curd moved that HB 1184 and 1097 be deferred to Monday, March 6^th, the 33^rd legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1157 and returns the same with the recommendation that said bill be amended as follows:

On page 1 of the House State Affairs Committee engrossed bill, delete lines 5 to 8, inclusive, and insert:

"
Section 1. That chapter 1-16G be amended by adding a NEW SECTION to read:

There is hereby created in the state treasury the agriculture future development fund. Interest earned on money in the fund shall be deposited in the fund. Any money in the fund is continuously appropriated to the Governor's Office of Economic Development. Any money deposited into and distributed from the fund shall be set forth in an informational budget as described in § 4-7-7.2".

On page 1, line 11, delete "subfund" and insert "fund".

On page 2, line 1, delete "subfund" and insert "fund".

On page 2, line 2, delete "in".

On page 2, line 3, delete everything before "to" .

On page 2, line 5, delete "subfund" and insert "fund".

On page 2, line 11, delete "subcommittee" and insert "committee".

On page 2, line 13, delete "subcommittee" and insert "committee".

On page 2, line 14, delete "and shall exercise all its prescribed functions, including" and insert "which shall exercise".

On page 2, line 15, delete "subcommittee" and insert "committee".

On page 2, line 24, delete "subcommittee" and insert "committee".

On page 3, delete line 11, and insert "fund the amount available in the fund, not to exceed three million three hundred fifty thousand".

On page 3, line 14, delete "subfund" and insert "fund".

On page 3, line 15, delete "each year".

On page 3, delete lines 22 to 24, inclusive.

On page 4, delete lines 1 and 2.

On page 2, line 16, of the House State Affairs Committee engrossed bill, delete "Five" and insert "Three".

On page 1, line 1, of the House State Affairs Committee engrossed bill, delete "subfund" and insert "fund".

On page 1, line 2, delete "subcommittee" and insert "committee".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1204 which was tabled.

Respectfully submitted,
Gary L. Cammack, Chair

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on HB 1052 as found on page 596 of the Senate Journal; also

Local Government on HB 1170 as found on page 596 of the Senate Journal; also

Local Government on HB 1185 as found on page 596 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Cronin moved that HB 1179 be placed on the calendar of Monday, March 6^th, the 33^rd legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

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; Langer; Maher; Monroe; Nelson; Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Heinert; Kennedy; Killer; Kolbeck; Nesiba; Otten (Ernie); Stalzer; Sutton

Excused:
Frerichs; Netherton

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1179 was so placed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1014: FOR AN ACT ENTITLED, An Act to make an appropriation for the purchase of land by the South Dakota Department of the Military for use by the South Dakota Army National Guard 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, and placed HB 1014 on the calendar of Monday, March 6^th, the 33^rd legislative day.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being “Shall HB 1103 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Frerichs; Netherton

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

Was read the second time.

The question being “Shall HB 1113 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Frerichs; Netherton

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 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health coverage for applied behavior analysis.

Was read the second time.

The question being “Shall HB 1195 pass as amended?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Frerichs; Netherton

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 1142: FOR AN ACT ENTITLED, An Act to revise the penalty for vehicular homicide.

Was read the second time.

The question being “Shall HB 1142 pass as amended?”

And the roll being called:

Yeas 15, Nays 17, Excused 3, Absent 0

Yeas:
Bolin; Cammack; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Monroe; Nelson; Novstrup; Otten (Ernie); Rusch; Russell; Solano; Stalzer; Tapio

Nays:
Cronin; Curd; Haverly; Heinert; Kennedy; Killer; Kolbeck; Langer; Maher; Nesiba; Peters; Soholt; Sutton; Tidemann; White; Wiik; Youngberg

Excused:
Frerichs; Netherton; Partridge

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

SIGNING OF BILLS

The President publicly read the title to

SB 6: FOR AN ACT ENTITLED, An Act to revise the review process to determine the need for additional nursing facilities or nursing facility beds and to require a report to the Legislature.

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.

SB 136: FOR AN ACT ENTITLED, An Act to permit and regulate the practice of licensed certified professional midwives.

And signed the same in the presence of the Senate.

Sen. Heinert moved that the Senate do now adjourn, which motion prevailed and at 2:34 p.m. the Senate adjourned.

Kay Johnson, Secretary