JOURNAL OF THE SENATE

NINETY-THIRD SESSION



TWENTIETH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 8, 2018

    The Senate convened at 12:00 p.m., pursuant to adjournment, the President Pro tempore presiding.

    The prayer was offered by the Chaplain, Rev. Alex Haines, followed by the Pledge of Allegiance led by Senate page Talisa Smith.

    Roll Call: All members present except Sens. Ewing, Partridge, Haverly, Rusch, Soholt, and Otten 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 nineteenth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 199 and returns the same without recommendation.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 130 and 134 which were tabled.

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

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1016 and returns the same with the recommendation that said bill be amended as follows:

1016cd

    On page 3, after line 4 of the House engrossed bill, insert:

"    Section 5. That § 13-48-36 be amended to read:

    13-48-36. To ensure that postsecondary institutions legally operating in this state as of this date and participating in the federal student financial assistance programs may comply with the state authorization regulations promulgated by the United States Department of Education on October 29, 2010, codified at 34 C.F.R. Section 600.9 and effective as of July 1, 2011, the following postsecondary institutions are acknowledged by the Legislature as being authorized to provide educational programs at physical locations in this state, subject to the provisions of § 13-48-38:

            (1)        Augustana College;
            (2)        Avera McKennan Hospital School of Radiologic Technology;
            (3)        Avera Sacred Heart Hospital School of Radiologic Technology;
            (4)        Bellevue University;
            (5)        Black Hills Beauty College;
            (6)        Black Hills State University;
            (7)        Broadview University (d/b/a/ Globe University);
            (8)        City University of Sioux Falls;
            (5)(9)        Colorado Technical University;
            (6)(10)    Dakota State University;
            (7)(11)    Dakota Wesleyan University;
            (12)        ELS Educational Services, Inc. (d/b/a ELS Language Centers);
            (13)        Franciscan University of Steubenville;
            (8)(14)    Globe University;
            (15)        Headlines Academy;
            (16)        Hot Rod Institute;
            (17)        John Witherspoon College;
            (9)(18)    Kilian Community College;
            (10)(19)    Lake Area Technical Institute;
            (11)(20)    Mitchell Technical Institute;
            (12)(21)    Mount Marty College;
            (13)(22)    National American University;
            (14)(23)    Northern State University;
            (15)(24)    Presentation College;
            (16)(25)    Sanford Medical Center;
            (17)(26)    Sioux Falls Seminary;
            (27)        Si Tanka University;
            (18)(28)    South Dakota School of Mines and Technology;
            (19)(29)    South Dakota State University;
            (20)(30)    Southeast Technical Institute;
            (31)        Southwest Minnesota State University;
            (32)        Stewart School;
            (33)        University of Northern Virginia;
            (21)(34)    University of Sioux Falls;
            (22)(35)    University of South Dakota; and
            (23)(36)    Western Dakota Technical Institute. ".

    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 103 and 142 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 29 and 214 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 SB 100 and returns the same with the recommendation that said bill be amended as follows:

100kb

    On page 1, line 10, of the printed bill, after "The" insert "Department of Legislative Audit or the private auditing firm, whichever made the audit, shall furnish a copy of the report of the audit to the person designated by the school board to receive the report. The designated person shall furnish a copy of the report of the audit to each member of the school board.".

    On page 1, delete line 11.

    On page 1, line 12, delete everything before "The" .

    On page 3, line 6, after "entity" insert "to a nonstate agency" and after . insert "Any information in the report that would be exempt from public disclosure under chapter 1-27 may be redacted prior to posting..

    On page 3, line 7, delete everything after "Any conflict of interest" and insert "as outlined in the organization's conflict of interest policy as required by § 1-56-10 within the recipient or sub-recipient's organization to which § 1-56-10 applies shall be disclosed".

    On page 3, after line 21, insert:

"    Section 6. That § 1-27-46 be amended to read:

    1-27-46. The state shall display on the searchable internet website created pursuant to § 1-27-45 copies of each written contract for supplies, services, or professional services of ten thousand dollars or more, each written contract filed with the state auditor pursuant to § 1-24A-1, and each written contract filed with the attorney general pursuant to § 1-11-15. Each contract shall be displayed electronically not less than sixty days after commencement of the contract term and for not less than one year following the end of the contract term the retention period prescribed by § 1-27-4.1.

    Section 7. That § 1-56-10 be amended to read:

    1-56-10. The grant agreement for each grant, pass-through grant, or any other award granted by a state agency to a nonstate agency after July 1, 2016, shall be displayed on the website created pursuant to § 1-27-45 for not less than the retention period prescribed by § 1-27-4.1.

    Each grant agreement shall include an attestation by the award recipient or sub-recipient that:

            (1)    A conflict of interest policy is enforced within the recipient's or sub-recipient's organization;

            (2)    The Internal Revenue Service Form 990 has been filed, if applicable, in compliance with federal law, and is displayed immediately after filing on the recipient's or sub-recipient's website;

            (3)    An effective internal control system is employed by the recipient's or sub-recipient's organization; and

            (4)    If applicable, the recipient or sub-recipient is in compliance with the federal Single Audit Act, in compliance with § 4-11-2.1, and audits are displayed on the recipient's or sub-recipient's website.

    Section 8. That § 1-27-13 be amended to read:

    1-27-13. The head of each agency shall submit to the commissioner of administration, in accordance with the rules, standards, and procedures established by the commission, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. However, original invoices and vouchers submitted to the state auditor for payment shall be retained for at least seven years. 1".


100mta

    On page 1, line 2, of the printed bill, after "review" insert "and to revise certain record retention policies".

    And that as so amended 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 SB 99 and returns the same with the recommendation that said bill be amended as follows:

99fa

    On page 2, line 6, of the printed bill, after "." insert "However, any data or information obtained by a governing body or public safety answering point pursuant to this section is confidential and may not be disclosed by the governing body or public safety answering point.".

99fb

    On the printed bill, delete the previously adopted amendment (99fa).

    On page 2, line 5, after "point" insert "only".
    On page 2, line 6, after "," insert "The governing body or public safety answering point may only contact the Department of Public Safety or Department of Revenue with questions relating to the requesting governing body or public safety answering point. Any data or information obtained by a governing body or public safety answering point pursuant to this section is confidential and may not be disclosed by the governing body or public safety answering point.".

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 185 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 SB 63 and returns the same with the recommendation that said bill be amended as follows:

63wa

    On page 2, line 6, of the printed bill, delete "time of incarceration" and insert "sentence".

    On page 2, line 8, delete "time of" and insert "sentence".

    On page 2, line 9, delete "incarceration".

    On page 2, line 12, delete "time of incarceration" and insert "sentence".

    On page 2, line 15, delete "time of incarceration" and insert "sentence".

    On page 3, line 16, remove the overstrikes from "sentence" and delete "time of".

    On page 3, line 17, delete "incarceration".

    On page 3, line 20, remove the overstrikes from "sentence" and delete "time of".

    On page 3, line 21, delete "incarceration".

    On page 4, line 2, remove the overstrikes from "sentence" and delete "time of incarceration".

    On page 4, line 6, remove the overstrikes from "sentence" and delete "time of incarceration".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 65 and returns the same with the recommendation that said bill be amended as follows:

65ca

    On page 2, line 23, of the printed bill, before "result" insert "direct".

    And that as so amended said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 30, 35, 36, 37, 38, 49, and 71 were delivered to his Excellency, the Governor, for his approval at 9:35 a.m., February 8, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SCR 14 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1147, 1154, 1157, 1177, 1196, 1215, 1219, 1221, 1236, 1244, and 1254 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk
CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 172 as found on page 397 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Steven J. Zellmer of Pennington County, Rapid City, South Dakota , to the South Dakota Building Authority.

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

    And the roll being called:

    Yeas 29, Nays 0, Excused 6, Absent 0

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

    Excused:
Ewing; Haverly; Otten (Ernie); Partridge; Rusch; Soholt

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The following bills were read on January 31, 2018, and today the President Pro tempore assigned these bills to committee.

    SB 177 was referred to the Committee on State Affairs.

    SB 182 was referred to the Committee on Judiciary.

    SB 188 was referred to the Committee on Agriculture and Natural Resources.

    The following bills were read on February 1, 2018, and today the President Pro tempore assigned these bills to committee.

    SB 193 was referred to the Committee on Judiciary.

    SB 205 was referred to the Committee on Agriculture and Natural Resources.

    SB 208 was referred to the Committee on Local Government.

    The President Pro tempore declared that SB 206 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 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning property tax collections, delinquent property taxes, tax certificates, and tax deeds.

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

    HB 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal lease-purchase agreements.

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

    HB 1157: FOR AN ACT ENTITLED, An Act to authorize certain alcohol manufacturers and wholesalers to enter into sponsorship agreements with certain alcohol retail licensees.

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

    HB 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.

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

    HB 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding verification of residency of petition circulators.

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


    HB 1215: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding reorganization of certain school districts with low enrollment.

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

    HB 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in hunting.

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

    HB 1221: FOR AN ACT ENTITLED, An Act to expand the partners in education tax credit program to include tribally controlled schools on a federally recognized Indian reservation.

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

    HB 1236: FOR AN ACT ENTITLED, An Act to provide for the acquisition of certain motor vehicle titles by auction agencies in certain circumstances.

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

    HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.

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

    HB 1254: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conditional bonds in domestic abuse actions.

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

    The following bill was read on February 5, 2018 and today the President Pro tempore assigned this bill to committee.

    HB 1123 was referred to the Committee on Judiciary.

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Nelson requested that SB 148 be removed from the Consent Calendar.

    HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the vehicles required to stop at a state weighing station.

    Was read the second time.

    The question being "Shall HB 1113 pass?"

    And the roll being called:

    Yeas 29, Nays 0, Excused 6, Absent 0

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

    Excused:
Ewing; Haverly; Otten (Ernie); Partridge; Rusch; Soholt

    So the bill having received an affirmative vote of a majority of the members-elect, the President Pro tempore declared the bill passed and the title was agreed to.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1024 and 1042 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 HB 1033 and returns the same with the recommendation that said bill be amended as follows:


1033da

    On page 1 of the House engrossed bill, delete line 9.

    On page 1, line 10, delete everything before "Failure" .

    On page 1, line 13, delete everything after "." .

    On page 1, delete line 14.

    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 186 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

    Sen. Curd moved that the balance of the calendar including SB 83, 125, 128, 169, and 173 and HB 1008, 1076, and 1143 be deferred to Monday, February 12th, the twenty-first legislative day.

    Which motion prevailed.

SIGNING OF BILLS

    The President publicly read the title to

    HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application of the intrastate exemption for certain commercial vehicles from the federal motor carrier regulations.

    HB 1026: FOR AN ACT ENTITLED, An Act to revise certain educational requirements pertaining to the practice of cosmetology.

    HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the medical support obligations to a child.

    HB 1039: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary provisions regarding certain child support obligations and medical services to the indigent.

    HB 1063: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Sioux Falls research park.

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

    HB 1080: FOR AN ACT ENTITLED, An Act to revise certain requirements to qualify for emblem specialty plates for motor vehicles.

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

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

    HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of historical motor vehicles.

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 28 Introduced by: Senators Nelson, Jensen (Phil), Russell, and Stalzer and Representatives May, Howard, and Pischke

        A LEGISLATIVE COMMEMORATION, Commending and honoring Angela Kennecke for excellence in investigative reporting in service to the people of South Dakota.

    WHEREAS, Angela is a renowned investigative reporter at KELOLAND Media Group in Sioux Falls and is acknowledged across the state by fans and colleagues as one of the top investigative reporters in South Dakota; and

    WHEREAS, the free press and American journalism, are one of the pillars of democracy our nation was founded upon; and

    WHEREAS, the role of the news media in a free and democratic society requires journalists to constantly question authority and hold the actions of those in positions of trust and authority in light for the appropriate scrutiny of the people; and

    WHEREAS, objective journalistic investigative reporting and honest political public service are natural allies; and

    WHEREAS, Angela Kennecke's investigative reporting created awareness to issues adversely affecting South Dakotans, which directly facilitated legislative oversight and actions; and
    WHEREAS, "Tyranny, like hell, is not easily conquered." It flourishes in the absence of public accountability and when our government's actions are hidden from the public eye. A free-press, eternal vigilance, diligent reporting, and an informed public are instrumental to maintaining the freedoms of the American people; and

    WHEREAS, much work remains to be done as reporting on the affairs of government is a never-ending, difficult task; and

    WHEREAS, while we commend Angela for her past exceptional reporting to the public, our commendation is not in-conclusion, but a well-deserved interim gesture of appreciation, respect, and encouragement for her continued efforts:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, on behalf of the great people of South Dakota, we hereby commend and honor Angela Kennecke for her excellence in investigative reporting. We extend our heartfelt thanks and best wishes for her continued success.

    SC 29 Introduced by: Senator Nelson and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Cody Jansen who was named the 2017 South Dakota Trooper of the Year.

    WHEREAS, Trooper Jansen patrols the area around Vermillion, South Dakota, and has shown exemplary service to South Dakotans with selfless dedication to ensure our safety; and

    WHEREAS, Trooper Jansen has shown dedication to the mission of the South Dakota Highway Patrol by promoting public safety through education, enforcement, and, most importantly, leading by example; and

    WHEREAS, Trooper Jansen serves as a field training officer for new recruits while also serving on the Vermillion Fire EMS Department; and

    WHEREAS, Trooper Jansen, with the generous support of his family, serves South Dakotans with selfless dedication to their safety:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and congratulates South Dakota Highway Patrol Trooper Cody Jansen for being named the 2017 South Dakota Trooper of the Year.

    SC 30 Introduced by: Senators Bolin, Cammack, Cronin, Curd, Greenfield (Brock), Haverly, Heinert, Kolbeck, Langer, Maher, Monroe, Netherton, Novstrup, Otten (Ernie), Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tidemann, White, and Wiik and Representatives Jensen (Kevin), Anderson, Diedrich, Glanzer, Greenfield (Lana), Holmes, Johns, Rasmussen, Schoenfish, and Tulson

        A LEGISLATIVE COMMEMORATION, Congratulating and honoring the 2017 Canton High School Girls Golf Team and Coach Jeff Keyman for their outstanding accomplishments in 2017.

    WHEREAS, the Canton High School Girls Golf Team finished their season with the first state championship for the girls' golf program and the first state team championship in any girls' sport in school history; and

    WHEREAS, the program received superior coaching from Coach Jeff Keyman, who has a tenure of sixteen years with the program; and

    WHEREAS, members of the Canton High School Girls' Golf Team State Champions include seniors Brooke Ehlers and Kennedy Fossum, junior Emily Bietzel, and freshmen Madison Fossum and Kelsey Jansen; and

    WHEREAS, the Canton High School Girls' Golf Team demonstrated hard work and dedication to improvement throughout the year; and

    WHEREAS, the Canton High School Girls' Golf Team, at a Vermillion event, broke an eleven-year-old school record for a team score in a nine-hole event, setting a new record of 170; and

    WHEREAS, the Canton High School Girls' Golf Team won four of five tournaments they entered, including the Elk Point-Jefferson Invitational, the Dell Rapids Invitational, the West Central Invitational, and the Madison Invitational; and

    WHEREAS, the Canton High School Girls' Golf Team won all three post-season tournaments, the Dakota XII Conference Tournament, the Region 2A Tournament, and the State Class A Tournament:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates the 2017 Canton High School Girls' Golf team and their Coach Jeff Keyman, for their Girls State Class A Golf Championship.

    Sen. Nesiba moved that the Senate do now adjourn, which motion prevailed and at 12:27 p.m. the Senate adjourned.

Kay Johnson, Secretary