Senate Journal 2/2/2018 01:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

SIXTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 2, 2018

The Senate convened at 1:00 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 Madison Russell.

Roll Call: All members present except Sens. Nesiba and Sutton 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 fifteenth 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 SB 146 and 154 and HB 1080 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Stalzer, Vice Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1102 and 1105 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 149 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 50, 51, 53, and 54 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David L. Anderson, Co-Chair
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 141 and HB 1026, 1038, and 1039 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 Health and Human Services respectfully reports that it has had under consideration SB 164 and returns the same with the recommendation that said bill be amended as follows:

164kta

On page 1, line 2, of the printed bill, delete "and to create a penalty therefore".

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

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 96 and HB 1063 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 SB 110 and returns the same with the recommendation that said bill be amended as follows:

110ja

On page 6, line 12, of the printed bill, after "counseling" delete ",".

On page 6, line 12, delete ", necessary to" and insert "that".

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 102 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 150 and returns the same with the recommendation that said bill be amended as follows:

150za

On page 3, line 10, of the printed bill, delete "4" and insert "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 171 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 22, 28, 45, 48, 66, and 67 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 17, 27, and 40 were delivered to his Excellency, the Governor, for his approval at 10:30 a.m., February 2, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 6 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 49 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 22, 28, 45, 48, 66, and 67 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1024, 1110, 1112, 1121, 1137, and 1148 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1006 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 2 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; 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-third Legislature of the State of South Dakota to Daniel Burkhalter, Margaret Fouberg, Dylan Gerlach, Hannah Juelfs, Nathan Linke, Santanya Matucha, Madyson Morehart, Mit Patel, Madison Russell, Aspen Stover.

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

WHEREAS, the members of the Ninety-third 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-third 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. Russell moved that Senate Page Resolution 2 be adopted.

The question being on Sen. Russell's motion that Senate Page Resolution 2 be adopted.

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; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Nesiba; Sutton

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

SCR 11: A CONCURRENT RESOLUTION, Expressing support for access to patient-centered and family focused advance care planning.

Was read the second time.

Sen. Soholt moved that SCR 11 as found on page 319 of the Senate Journal be adopted.

The question being on Sen. Soholt's motion that SCR 11 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 11 was adopted.

SCR 12: A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to update the Clean Air Act to allow mid-range ethanol blends in all standard automobiles.

Was read the second time.

Sen. Frerichs moved that SCR 12 as found on page 320 of the Senate Journal be adopted.

The question being on Sen. Frerichs' motion that SCR 12 be adopted.

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Nesiba; Peters; Sutton

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 12 was adopted.

SCR 14 Introduced by: Senators Youngberg, 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, Tapio, Tidemann, White, and Wiik and Representatives Bartling, Beal, Brunner, Campbell, Dennert, DiSanto, Gosch, Greenfield (Lana), Heinemann, Jensen (Kevin), Kaiser, Karr, Kettwig, Lesmeister, Livermont, Marty, May, Otten (Herman), Peterson (Kent), Pischke, Qualm, Rhoden, Rounds, Schoenfish, Smith, Tulson, Wiese, and Zikmund

A CONCURRENT RESOLUTION, Encouraging Congress and the Federal Motor Carrier Safety Administration to overturn the rules regarding electronic logging devices.

WHEREAS, an electronic logging device (ELD) is a device in a motor vehicle that synchronizes with a vehicle engine to automatically record driving times; and

WHEREAS, Congress, as part of MAP.21, required the Federal Motor Carrier Safety Administration (FMCSA) to develop rules mandating the use of ELD in certain commercial vehicles; and

WHEREAS, these rules were intended to create a safer work environment for truck drivers and track, manage, and share records of duty status data; and

WHEREAS, the ELD rules that have been mandated by FMCSA have unintended consequences and place an undue financial and administrative burden on truck drivers and operators; and

WHEREAS, the required use of ELDs impacts thousands of businesses and millions of consumers in this nation; and

WHEREAS, smaller carriers and owner-operators don't have the capital or the technical know-how to purchase and install the devices and smoothly implement their use into their daily activities and monthly service fees could potentially force carriers or owner-operators to increase their trucking rates; and

WHEREAS, a significant detriment with the required use of ELDs is that the device essentially compels a decrease in driving hours and hurts productivity which compounds the problem of an existing shortage of qualified commercial drivers in many areas of this country; and

WHEREAS, if existing truck drivers are held to these strict regulations, the whole industry may suffer which will have a negative effect to the national economy; and

WHEREAS, some estimates show that the required use of an ELD may cost an average of five hundred dollars per truck per year; and

WHEREAS, the total equipment and installation costs for the roughly five hundred thousand United States trucking firms with ELDs is expected to cost about one billion dollars;

WHEREAS, the ELD is an invasion of privacy. Drivers feel as if their every move is being logged and watched by enforcement personal and fleet operators. The devices tracks vehicles within a one-mile radius; and

WHEREAS, manufacturers of ELDs are currently responsible for self-certifying their compliance with government standards and there are no effective procedures seemingly yet developed to provide oversight over this required equipment. The truck drivers and operators are left without any means of ascertaining which brands and models of devices ultimately will pass muster. The truck drivers and operators must fly blindly into investing in products that they are being required to purchase:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature urges Congress to repeal its mandate requiring the use of electronic logging devices and requests the Federal Motor Carrier Safety Administration to work with the trucking industry to alleviate any undue burdens and modify the regulations to accommodate reasonable operations by truck drivers and operators.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 14 on the calendar of Monday, February 5^th, the seventeenth legislative day.

SCR 15 Introduced by: Senators Kennedy, Frerichs, Jensen (Phil), Rusch, and Stalzer and Representatives Lesmeister and Zikmund

A CONCURRENT RESOLUTION, making formal application to the United States Congress to lawfully change the medical enrollment criteria for the Veterans Health Administration, to include all veterans who served in World War II and the Korean War and who received an honorable discharge or discharge under honorable conditions for their service regardless of current income status.

WHEREAS, World War II veterans who do not have a service-connected disability and who do not meet the means test threshold are not currently eligible for veterans health care benefits; and

WHEREAS, Korean War veterans who do not have a service-connected disability and who do not meet the means test threshold are not currently eligible for veterans health care benefits; and

WHEREAS, many veterans throughout the state and nation, many of whom have actually been in combat, have honorable discharges or discharges under honorable conditions but are not currently eligible for Veterans Administration health care:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that veterans who served in World War II as well as the Korean War should be automatically eligible for health care within the Veterans Health Administration regardless of their income.

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

HCR 1006: A CONCURRENT RESOLUTION, Commemorating the life of George Speaker Mickelson and calling for a bust of Mickelson to be displayed in the lobby of the State House of Representatives.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1006 on the calendar of Monday, February 5^th, the seventeenth legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on SB 137 as found on page 316 of the Senate Journal; also

Judiciary on SB 140 as found on page 313 of the Senate Journal; also

Judiciary on SB 165 as found on page 313 of the Senate Journal; also

Judiciary on SB 167 as found on page 314 of the Senate Journal; also

Military and Veterans Affairs on SB 91 as found on page 315 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 214 Introduced by: The Committee on Committee on Appropriations

FOR AN ACT ENTITLED, An Act to create a Legislative Compensation Commission to review legislative salaries.

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

SB 215 Introduced by: The Committee on Committee on Appropriations

FOR AN ACT ENTITLED, An Act to provide for nutrition care services by licensed nutritionists for medical assistance recipients.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding South Dakota One Call.

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

HB 1110: FOR AN ACT ENTITLED, An Act to increase the penalty for certain subsequent convictions of hiring for sexual activity or promoting prostitution.

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

HB 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contested paternity.

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

HB 1121: FOR AN ACT ENTITLED, An Act to revise the fees for certain on-sale and off-sale retail liquor licenses.

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

HB 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.

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

HB 1148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish, and Parks Commission.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Joan Wink of Meade County, Howes, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive appointment of Joan Wink pursuant to the executive message as found on page 31 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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

The Senate proceeded to the consideration of the executive appointment of James Thares of Brown County, Aberdeen, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive appointment of James Thares pursuant to the executive message as found on page 30 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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

The Senate proceeded to the consideration of the executive reappointment of Bart Blum of Lyman County, Reliance, South Dakota , to the State Brand Board.

The question being "Does the Senate advise and consent to the executive reappointment of Bart Blum pursuant to the executive message as found on page 166 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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

The Senate proceeded to the consideration of the executive reappointment of Myron Williams of Pennington, County, Wall, South Dakota , to the State Brand Board.

The question being "Does the Senate advise and consent to the executive reappointment of Myron Williams pursuant to the executive message as found on page 166 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 106: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the placement of a foster child with a relative or close family friend.

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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 1009: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the administration of benefits provided to veterans.

Was read the second time.

The question being "Shall HB 1009 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal protections for National Guard members ordered to active duty.

Was read the second time.

The question being "Shall HB 1010 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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 76: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration.

Was read the second time.

The question being "Shall SB 76 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.

Was read the second time.

The question being "Shall SB 31 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

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

Nays:
Nelson

Excused:
Nesiba; Sutton

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 47: FOR AN ACT ENTITLED, An Act to authorize the completion of the sports performance enhancement facility arena and the outdoor track and soccer complex at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall SB 47 pass?"

And the roll being called:

Yeas 32, Nays 1, Excused 2, Absent 0

Nays:
Nelson

Excused:
Nesiba; Sutton

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 151: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of trailers at special events, and to declare an emergency.

Was read the second time.

The question being "Shall SB 151 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Nesiba; Sutton

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.

Sen. Tapio requested a fiscal note on SB 168.

Which request was supported.

SB 156: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding brand inspections.

Was read the second time.

The question being "Shall SB 156 pass?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Bolin; Nelson; Netherton

Excused:
Nesiba; Sutton

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 22: FOR AN ACT ENTITLED, An Act to allow commercial driver license applicants three attempts to pass the commercial driver license examination.

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.

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

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.

SB 66: FOR AN ACT ENTITLED, An Act to require each school board to provide certain information regarding school elections in the school board minutes.

SB 67: FOR AN ACT ENTITLED, An Act to permit a victim of child sex trafficking or exploitation to expunge any criminal or delinquency record obtained as a result of the victimization.

HB 1034: FOR AN ACT ENTITLED, An Act to require certain insurance companies to identify and locate beneficiaries on life policies and annuity contracts.

And signed the same in the presence of the Senate.

Sen. Netherton moved that the Senate do now adjourn, which motion prevailed and at 2:41 p.m. the Senate adjourned.

Kay Johnson, Secretary