Senate Journal 2/6/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

EIGHTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 6, 2018

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

The prayer was offered by the Chaplain, Rev. Dr. Cory Rajek, followed by the Pledge of Allegiance led by Senate page Braden Peters.

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 seventeenth 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.

COMMUNICATIONS AND PETITIONS

February 5, 2018

Mr. President and Members of the Senate:

I have the honor to inform you that on February 5, 2018, I approved Senate Bills 17, 18, 27, 40, and 57, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 83 and returns the same with the recommendation that said bill be amended as follows:

83ka

On page 1, line 11, of the printed bill, after "." insert "The time, place, and manner by which the students are to have access to the representative will be determined by the designated administrator of the school building.".

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

On page 1, line 13, delete everything before "listed" and insert "organizations".

83jc

On the printed bill, delete the previously adopted amendment (83ka).

On page 1, line 5, delete "A" and insert "Representatives of a".

On page 1, line 5, after "students" insert "during regular school hours".

On page 1, line 5, delete "on" and insert "during the first quarter of each academic school year.".

On page 1, delete line 6.

On page 1, line 7, delete everything before "The" .

On page 1, line 7, after "the" insert "school".

On page 1, line 8, delete everything after "students" .

On page 1, delete line 9.

On page 1, line 10, delete "school hours".

On page 1, line 11, after "." insert "A school principal has discretion over the time, place, and manner when representatives of a patriotic society are allowed to speak to students. A school principal may limit the opportunity to speak to students to the first quarter of the academic year.".

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

On page 1, line 13, delete everything before "listed" and insert "organizations".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 148 and returns the same with the recommendation that said bill be amended as follows:

148ja

On page 2, line 12, of the printed bill, overstrike everything after "or" and insert "AdvancED".

On page 2, line 13, overstrike everything before "," .

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

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 153 and HB 1018 and 1023 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of Jamie Huizenga of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of James J. Breckenridge of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of Steven J. Zellmer of Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority 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 Commerce and Energy respectfully reports that it has had under consideration SB 138 and 163 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 209 and HB 1115 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mary Anne Boyd of Yankton County, Yankton, South Dakota, to the Game, Fish and Parks Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 179 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 49 and 71 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 21, 22, 26, 28, 32, 39, 45, 48, 52, 56, 60, 66, 67, 75, and 88 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m. on February 6, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 71 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1001 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1043, 1060, 1061, 1062, 1065, 1070, 1071, 1074, 1119, 1127, 1129, 1190, 1195, 1205, and 1213 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 7: A CONCURRENT RESOLUTION, Supporting the State of Israel.

Was read the second time.

Sen. Novstrup moved that SCR 7 as found on page 240 of the Senate Journal be adopted.

The question being on Sen. Novstrup's motion that SCR 7 be adopted.

And the roll being called:

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

Nays:
Killer

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 7 was adopted.

SCR 13: A CONCURRENT RESOLUTION, Recognizing the root cause of the global war on terror.

Sen. Tapio moved that SCR 13 as found on page 365 of the Senate Journal be adopted.

Was read the second time.

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Sen. Tapio moved that SCR 13 be amended as follows:

On page 2, line 7, of the printed resolution, after ";" insert "and".

On page 2, between lines 7 and 8, insert:

WHEREAS, many Muslims have fought against Islamic terrorism in the global war on terror and wish to peacefully worship and seek the freedom of religion protected under the First Amendment of the United States Constitution; and".

Which motion prevailed.

The question being on Sen. Tapio's motion that SCR 13 be adopted as amended.

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Curd; Greenfield (Brock); Jensen (Phil); Klumb; Maher; Monroe; Nelson; Netherton; Novstrup; Russell; Stalzer; Tapio; Wiik; Youngberg

Nays:
Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Kolbeck; Langer; Nesiba; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White

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

Sen. Tapio announced his intention to reconsider the vote by which SCR 13 was lost.

HCR 1004: A CONCURRENT RESOLUTION, Urging the Governor to fuel the state fleet with premium E-30 fuel.

Was read the second time.

Sen. Frerichs moved that the Senate do concur in HCR 1004 as found on page 145 of the House Journal.

The question being on Sen. Frerichs' motion that HCR 1004 be concurred in.

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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Peters

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1004 was concurred in.

HCR 1001: A CONCURRENT RESOLUTION, Calling for statewide recognition of the brain drain currently taking place in South Dakota and urging state and local officials to take action to attract new residents to the state after they graduate.

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

Sen. Curd moved that SB 150 be referred to the Senate Committee on Appropriations

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on SB 144 as found on page 362 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The President declared that SB 201 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 1043: FOR AN ACT ENTITLED, An Act to authorize the construction of a National Guard Readiness Center at the Rapid City Airport, to make an appropriation therefor, 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 1043 on the calendar of Wednesday, February 7^th, the nineteenth legislative day.

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, and renovate the Dakota Dome at the University of South Dakota and to make an appropriation therefor.

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 1060 on the calendar of Wednesday, February 7^th, the nineteenth legislative day.

HB 1061: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of two athletic and recreation fields and related structures at Northern State University, to make an appropriation therefor, 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 1061 on the calendar of Wednesday, February 7^th, the nineteenth legislative day.

HB 1062: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase unimproved real property in Brown County, to make an appropriation therefor, 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 1062 on the calendar of Wednesday, February 7^th, the nineteenth legislative day.

HB 1065: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the National Music Museum in Vermillion and to make an appropriation therefor.

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 1065 on the calendar of Wednesday, February 7^th, the nineteenth legislative day.

HB 1070: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding alcoholic beverages.

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

HB 1071: FOR AN ACT ENTITLED, An Act to authorize the relocation of the School for the Blind and the Visually Impaired and the transfer of its existing real estate and facilities to Northern State University, to authorize actions necessary to accomplish that relocation and transfer, to protect the permanent endowment trust through exchanges of real estate and facilities, to appropriate funds, 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 1071 on the calendar of Wednesday, February 7^th, the nineteenth legislative day.

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the creation of business improvement districts.

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

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding riparian buffer strips.

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

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.

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

HB 1129: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.

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

HB 1190: FOR AN ACT ENTITLED, An Act to revise the time period for which certain motor vehicle license plates are used.

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

HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding refunds of motor vehicle license fees.

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

HB 1205: FOR AN ACT ENTITLED, An Act to require certain health benefit plans to provide coverage to persons with a serious medical condition for certain dental care services.

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

HB 1213: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding telephone and telegraph corporations.

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

There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Maher moved that SB 168 be referred to the Senate Committee on Appropriations

Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

SB 164: FOR AN ACT ENTITLED, An Act to prohibit certain instances of inserting a catheter without consent of the patient.

Was read the second time.

The question being "Shall SB 164 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 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of historical motor vehicles.

Was read the second time.

The question being "Shall HB 1117 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 110: FOR AN ACT ENTITLED, An Act to establish certain findings pertaining to pre-abortion counseling practices by abortion providers in South Dakota and to amend provisions regarding mandatory third-party pre-abortion counseling.

Was read the second time.

The question being "Shall SB 110 pass as amended?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Curd; Heinert; Kennedy; Killer; Nesiba; Peters; Soholt; Tidemann

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 70: FOR AN ACT ENTITLED, An Act to define the term, serve, for the purposes of regulating the sale and use of alcoholic beverages.

Was read the second time.

The question being "Shall SB 70 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Bolin; Partridge

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 140: FOR AN ACT ENTITLED, An Act to revise provisions regarding an objection to a custody or visitation order.

Was read the second time.

The question being "Shall SB 140 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Partridge

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 165: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody and visitation and the enforcement of those provisions.

Was read the second time.

The question being "Shall SB 165 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Bolin; Partridge

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 167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.

Was read the second time.

The question being "Shall SB 167 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
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

Excused:
Bolin

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 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of vehicle license plates and stickers.

Was read the second time.

The question being "Shall HB 1066 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Klumb; Monroe

Excused:
Bolin

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

SB 71: FOR AN ACT ENTITLED, An Act to revise certain provisions related to a license renewal for the practice of medicine, osteopathy, surgery, or obstetrics.

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

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

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the maximum number of apprentices in a salon.

HB 1064: FOR AN ACT ENTITLED, An Act to expand the options for the beneficial disposition or use of certain real estate located in Minnehaha County, to make certain appropriations, and to declare an emergency.

HB 1098: FOR AN ACT ENTITLED, An Act to make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.

And signed the same in the presence of the Senate.

Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at 4:08 p.m. the Senate adjourned.

Kay Johnson, Secretary