Senate Journal 1/30/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 30, 2018

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

The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of Allegiance led by Senate page Madyson Morehart.

Roll Call: All members present except Sen. Tapio who was 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 twelth 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 Judiciary respectfully reports that it has had under consideration SB 104 and 111 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 SB 139 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 7, of the printed bill, delete everything after "." and insert:

There is a rebuttable presumption that a parent has".

On page 1, line 8, delete "have".

And that as so amended said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 119 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, before "major" insert "more".

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 113 and 120 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Rod Bowar of Lyman County, Kennebec, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Dana Dykhouse of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Doug Ekeren of Yankton County, Yankton, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Bob Faehn of Codington County, Watertown, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Ed Mallet of Codington County, Watertown, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Scott Peterson of Butte County, Belle Fourche, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Terry Sabers of Davison County, Mitchell, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Diana Vander Woude of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

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 18 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 HCR 1005 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1081, 1095, 1097, 1101, 1102, and 1105 and HJR 1001 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith SB 18 which has passed the House and your favorable consideration is respectfully requested.

Sandra J. Zinter, Chief Clerk
by Mary Lou Goehring

MOTIONS AND RESOLUTIONS

SCR 6: A CONCURRENT RESOLUTION, Recognizing the seventieth anniversary of the Universal Declaration of Human Rights on December 10, 2018, and the celebration of Human Rights Day.

Was read the second time.

Sen. Bolin moved that SCR 6 be amended as follows:

On page 1, line 4, of the printed resolution, after "Rights" delete "," and insert "was".

On page 1, line 5, delete everything after "1948" and insert "; and".

On page 1, delete lines 6 to 8, inclusive.

On page 1, line 11, after "processes;" insert "and".

On page 1, line 12, delete everything after "and" .

On page 1, line 13, delete everything before "encourages" .

On page 2, line 1, after "law;" insert "and".

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

On page 2, line 3, delete everything before "December" and insert "and that".

On page 2, line 4, after "Day;" insert "and".

On page 2, line 7, delete "democracy," and insert "democratic principles,".

Which motion prevailed.

Sen. Nesiba moved that SCR 6 as found on page 221 of the Senate Journal be adopted as amended on page 267 of the Senate Journal.

The question being on Sen. Nesiba's motion that SCR 6 be adopted as amended.

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Maher; Monroe; Nelson

Excused:
Killer; Tapio

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 6 was adopted.

HCR 1005: A CONCURRENT RESOLUTION, Commending and recognizing the numerous contributions made by South Dakota's social workers and recognizing March 2018 as National Social Work Month.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1005 on the calendar of Wednesday, January 31, 2018, the fourteenth legislative day.

Sen. Greenfield (Brock) moved that SB 143 be referred from the Committee on Retirement Laws to the Committee on State Affairs.

Which motion prevailed.

Sen. Greenfield (Brock) moved that SB 2 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 3 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 4 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 6 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 29 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 81 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 99 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations; also

SB 100 be referred from the Joint Committee on Appropriations to the Senate Committee on Appropriations.

Which motion prevailed.

Sen. Curd moved that SCR 7 be deferred to Tuesday, February 6, 2018, the eighteenth legislative day.

Which motion prevailed.

Sen. Curd moved that HB 1034 be deferred to Wednesday, January 31, 2018, the fourteenth legislative day.

Which motion prevailed.

Sen. Curd moved that SB 64 and 78 be placed to follow SB 105 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 46 as found on page 236 of the Senate Journal; also

Education on SB 80 as found on page 236 of the Senate Journal; also

Education on SB 89 as found on page 237 of the Senate Journal; also

Judiciary on SB 61 as found on page 237 of the Senate Journal; also

Judiciary on SB 87 as found on page 237 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 174 Introduced by: Senators Cronin, Haverly, and Peters and Representatives Lust and Lake

FOR AN ACT ENTITLED, An Act to make an appropriation to help veterans and certain others.

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

The President declared that SB 152 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 1081: FOR AN ACT ENTITLED, An Act to repeal the sunset clause regarding the recreational use of nonmeandered water.

Was read the first time and referred to the Committee on Agriculture and Natural Resources.

HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.

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

HB 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over vulnerable adult protective or restraining orders.

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

HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding used motorcycles offered for sale at an event.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1102: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use and display of the great seal of South Dakota.

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

HB 1105: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the validation of absentee ballot signatures.

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

HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota, removing the Legislature's authority to set legislator salaries for a regular legislative session.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1030: FOR AN ACT ENTITLED, An Act to provide for the cancellation of certain uncollectible unemployment insurance contributions.

Was read the second time.

The question being "Shall HB 1030 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.

HB 1015: FOR AN ACT ENTITLED, An Act to repeal the use of explosives, pyrotechnics, and fireworks for the protection of sunflower crops from depredating birds.

Was read the second time.

The question being "Shall HB 1015 pass?"

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.

HB 1035: FOR AN ACT ENTITLED, An Act to repeal certain provisions and regulations related to labeling requirements for feed.

Was read the second time.

The question being "Shall HB 1035 pass?"

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.

HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota State Fair.

Was read the second time.

The question being "Shall HB 1037 pass?"

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.

HB 1046: FOR AN ACT ENTITLED, An Act to allow certain resident farmers or ranchers to receive a big game license during the Black Hills deer season.

Was read the second time.

The question being "Shall HB 1046 pass?"

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.

HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions defining fur-bearing animals.

Was read the second time.

The question being "Shall HB 1047 pass?"

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 105: FOR AN ACT ENTITLED, An Act to authorize a health care practitioner to administer a toxicology test to an infant under certain circumstances.

Was read the second time.

The question being "Shall SB 105 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Jensen (Phil); 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.

SB 64: FOR AN ACT ENTITLED, An Act to revise certain provisions related to attempted human trafficking in the first degree and to provide a penalty therefor.

Was read the second time.

The question being "Shall SB 64 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Tidemann; White; Wiik; Youngberg

Excused:
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 78: FOR AN ACT ENTITLED, An Act to revise the membership of the Board of Education Standards to include the chairs of the Senate and House committees on education.

Was read the second time.

The question being "Shall SB 78 pass?"

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Russell; Solano; Stalzer

Nays:
Cronin; Curd; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Nesiba; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Sutton; Tidemann; White; Wiik; Youngberg

Excused:
Tapio

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

SB 28: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

Was read the second time.

The question being "Shall SB 28 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; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Excused:
Russell; 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.

SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of unclaimed property.

Was read the second time.

The question being "Shall SB 45 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
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 48: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved agricultural real property in Meade County, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall SB 48 pass?"

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Maher; Monroe; Nelson

Excused:
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.

SB 49: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase unimproved agricultural real property in Brookings County and to make an appropriation therefor.

Was read the second time.

The question being "Shall SB 49 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Maher; Nelson

Excused:
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.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax on endoparasiticides and ectoparasiticides.

Was read the second time.

The question being "Shall SB 55 pass?"

And the roll being called:

Yeas 30, Nays 4, Excused 1, Absent 0

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

Nays:
Maher; Monroe; Nelson; Russell

Excused:
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 HOUSE BILLS AND JOINT RESOLUTIONS

HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurers' internal audit requirements.

Was read the second time.

The question being "Shall HB 1041 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; 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; Tidemann; White; Wiik; Youngberg

Excused:
Greenfield (Brock); 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.

SIGNING OF BILLS

The President publicly read the title to

SB 18: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Board of Technical Education.

And signed the same in the presence of the Senate.

Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at 3:48 pm the Senate adjourned.

Kay Johnson, Secretary