Senate Journal 2/7/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 7, 2018

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

The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate pages Tyler Arend and Allison Duerre.

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 eighteenth 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 HB 1008 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1113 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 169 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 SB 195 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 158 and 192 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1076 and 1143 and returns the same with the recommendation that said bills 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 SB 122 and 123 which were tabled.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 176 and 207 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 125, 128, and 173 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 172 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, delete everything before "professional" and insert "36-7, 36-11, 36-18A, and 36-26".

On page 1, delete line 13, and insert "7, 36-11, 36-18A, and 36-26.".

On page 2, line 3, after "36-7," insert "36-11,".

On page 2, delete line 4, and insert "36-18A, and 36-26.".

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 116 which was tabled.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 6 and SB 129 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 11 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1136, 1249, 1165, 1172, and 1176 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Curd moved that SB 24 be deferred to Tuesday, February 13, the twenty-second legislative day.

Which motion prevailed.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, February 8^th, the twentieth legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on SB 148 as found on page 381 of the Senate Journal; also

Education on SB 83 as found on page 380 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENT

The Senate proceeded to the consideration of the executive reappointment of Mary Anne Boyd of Yankton County, Yankton, South Dakota , to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive reappointment of Mary Anne Boyd pursuant to the executive message as found on page 312 of the Senate Journal?"

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cooperatives.

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

HB 1165: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for a pilot charter school for Native American students if the state had received a federal grant.

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

HB 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding meetings of certain public bodies.

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

HB 1176: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance disclosure reports.

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

HB 1249: FOR AN ACT ENTITLED, An Act to authorize the training of tribal law officers at the Law Enforcement Training Center.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

Sen Russell requested that the consideration of the executive reappointment of Steven J. Zellmer to the SD Building Authority be removed from the consent calendar pursuant to JR 13-2.

The Senate proceeded to the consideration of the executive appointment of Jamie Huizenga of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

The question being "Does the Senate advise and consent to the executive appointment of Jamie Huizenga pursuant to the executive message as found on page 283 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 James J. Breckenridge of Minnehaha County, Sioux Falls, South Dakota , to the South Dakota Building Authority.

The question being "Does the Senate advise and consent to the executive reappointment of James J. Breckenridge pursuant to the executive message as found on page 282 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 144: FOR AN ACT ENTITLED, An Act to revise certain provisions related to party affiliation on voter registration cards.

Was read the second time.

The question being "Shall SB 144 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 209: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Nutrient Research and Education Council.

Was read the second time.

The question being "Shall SB 209 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 153: FOR AN ACT ENTITLED, An Act to require disclosure of certain fees being imposed by overnight lodging accommodations.

Was read the second time.

The question being "Shall SB 153 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1115: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crop liens.

Was read the second time.

The question being "Shall HB 1115 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1018: FOR AN ACT ENTITLED, An Act to update and revise certain references and provisions regarding state agencies and the employment of certain public employees.

Was read the second time.

The question being "Shall HB 1018 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding pipeline safety.

Was read the second time.

The question being "Shall HB 1023 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the partners in education tax credit program.

Was read the second time.

The question being "Shall SB 117 pass?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Haverly; Heinert; Nesiba; Peters; Sutton; 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 112: FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring the attorney general to obtain the consent of the Governor prior to commencing an investigation.

Was read the second time.

The question being "Shall SB 112 pass?"

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Jensen (Phil); Kolbeck; Maher; Nelson; Netherton; Novstrup; Otten (Ernie); Rusch; Russell; Stalzer; Tapio; White; Wiik

Nays:
Haverly; Heinert; Kennedy; Killer; Klumb; Langer; Monroe; Nesiba; Partridge; Peters; Soholt; Solano; Sutton; Tidemann; 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 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 second time.

The question being "Shall HB 1043 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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.

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 second time.

The question being "Shall HB 1060 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, 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; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Maher; Nelson

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.

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 second time.

The question being "Shall HB 1061 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Nays:
Maher; Nelson

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.

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 second time.

The question being "Shall HB 1062 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Nays:
Maher; Nelson

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.

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 second time.

The question being "Shall HB 1065 pass?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

Nays:
Maher; Nelson

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.

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 second time.

The question being "Shall HB 1071 pass?"

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; Killer; Klumb; Kolbeck; Langer; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Maher

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. Wiik moved that the Senate do now adjourn, which motion prevailed and at 3:56 p.m. the Senate adjourned.

Kay Johnson, Secretary