Senate Journal 2/12/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

TWENTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 12, 2018

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

The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate pages Karly Schaunaman and Tabitha Jensen.

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 twentieth 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 8, 2018

Mr. President and Members of the Senate:

I have the honor to inform you that on February 8, 2018, I approved Senate Bills 21, 22, 26, 28, 32, 39, 45, 48, 52, 56, 60, 66, 67, 75, and 88, 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 Local Government respectfully reports that it has had under consideration SB 212 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 204 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 3 and SB 133 and returns the same with the recommendation that said bill and resolution do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 1 which was tabled.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 5 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 HB 1074 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 159 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 190 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1079 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 7, of the printed bill, delete "drying" and insert "dry".

And that as so amended said bill 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 HB 1205 and returns the same with the recommendation that said bill be amended as follows:

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On page 1, line 10, of the House engrossed bill, delete "suffers from" and insert "has".

On page 2, line 10, delete "suffers from" and insert "has".

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

Respectfully submitted,
Deb Soholt, Chair

MOTIONS AND RESOLUTIONS

SCR 16 Introduced by: Senators Jensen (Phil), Cammack, Ewing, Greenfield (Brock), Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Netherton, Novstrup, Russell, Stalzer, Tapio, and Wiik and Representatives Pischke, Brunner, Campbell, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haugaard, Howard, Kaiser, Livermont, Marty, May, Peterson (Sue), Rasmussen, Rounds, and Wiese

A CONCURRENT RESOLUTION, Expressing our gratitude to the 45th President of the United States, Donald J. Trump, for Making America Great Again.

WHEREAS, President Trump's Executive Order to boost apprenticeships has increased job growth and under his leadership 1.7 million new jobs were created; and

WHEREAS, President Trump's work and dedication to the United States' workforce has been proven by bringing companies back to the United States, ending the war on coal, with an unemployment rate of 4.1 %, the lowest it has been since May 2017; and

WHEREAS, President Trump, with his administration, introduced a tax reform plan, providing $5.5 billion in cuts; increased the child tax credit; and repealed the Obamacare tax; and

WHEREAS, President Trump continues to cut government regulation at a 22:1 ratio, saving $8.1 billion and the S&P 500 has increased 20.4% from a year ago; and

WHEREAS, President Trump has issued executive orders to protect police officers and target drug cartels, creating a safer country; and

WHEREAS, President Trump's appointment of Supreme Court Justice Neil Gorsuch; and

WHEREAS, President Trump and his administration has reduced illegal immigration, with a reduction of forty percent fewer illegal aliens crossing the border; and

WHEREAS, President Trump followed through on his campaign promise, withdrawing from the Trans-Pacific Partnership; and

WHEREAS, President Trump moved the United States' Embassy to Jerusalem; placed sanctions on Iran over their missile program; promptly responded to Syria's use of chemical weapons; and with cohesive and effective teamwork with his administration and the brave men and women of our Armed Forces has continued to fight terror, resulting in ISIS losing territory and power:

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 South Dakota Legislature, expresses gratitude for the work of the 45th President of the United States, Donald J. Trump, for Making America Great Again.

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

Sen. Curd moved that SB 169 and 173 be deferred to Tuesday, February 20^th, the twenty-fifth legislative day.

Which motion prevailed.

Sen. Curd moved that SB 172 be deferred to Wednesday, February 21^st, the twenty-sixth legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Senate Committee on Appropriations on SB 100 as found on page 414 of the Senate Journal; also

Senate Committee on Appropriations on SB 99 as found on page 415 of the Senate Journal; also

Education on HB 1016 as found on page 412 of the Senate Journal; also

Commerce and Energy on HB 1033 as found on page 421 of the Senate Journal; also

Judiciary on SB 63 as found on page 416 of the Senate Journal; also

Judiciary on SB 65 as found on page 417 of the Senate Journal be adopted.

Which motion prevailed.

Sen. White moved that SB 199 be placed on the calendar of Wednesday, February 14^th, the twenty-third legislative day, pursuant to Joint Rule 6F-6.

The question being on Sen. White's motion that SB 199 be placed on the calendar of Wednesday, February 14^th, the twenty-third legislative day, pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 16, Nays 19, Excused 0, Absent 0

Yeas:
Bolin; Cronin; Curd; Haverly; Kennedy; Langer; Nesiba; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; White; Youngberg

Nays:
Cammack; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Russell; Stalzer; Tapio; Tidemann; Wiik

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The following bill was read on February 1, 2018, and today the President Pro tempore assigned this bill to committee.

SB 200 was referred to the Committee on State Affairs.

The President declared that SB 184 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall HB 1024 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 1042: FOR AN ACT ENTITLED, An Act to revise certain references regarding the Division of Insurance.

Was read the second time.

The question being "Shall HB 1042 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

Sen. Tidemann requested a fiscal note on SB 214.

Which request was supported.

President Pro tempore now presiding.

SB 83: FOR AN ACT ENTITLED, An Act to authorize certain patriotic societies access to public schools.

Was read the second time.

The question being "Shall SB 83 pass as amended?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Bolin; Cronin; Ewing; Frerichs; Heinert; Killer; Partridge; Peters; White

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.

SB 125: FOR AN ACT ENTITLED, An Act to clarify the authority of the Government Operations and Audit Committee to issue a subpoena.

Was read the second time.

The question being "Shall SB 125 pass?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Nelson; Russell

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.

SB 128: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding ballot question committees.

Was read the second time.

The question being "Shall SB 128 pass?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Nesiba; Russell; Sutton

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.

SB 148: FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

Was read the second time.

The question being "Shall SB 148 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 Pro tempore declared the bill passed and the title was agreed to.

SB 29: FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee and an expedited registration fee.

Was read the second time.

The question being "Shall SB 29 pass?"

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Killer; Nelson; Netherton; Russell; Soholt

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

SB 185: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal record expungement.

Was read the second time.

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Sen. Langer moved that SB 185 be amended as follows:

On page 1, line 9, of the printed bill, delete everything before "from" and insert "minor traffic citations, within one year and thirty days".

Which motion prevailed.

The question being "Shall SB 185 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 Pro tempore declared the bill passed and the title was agreed to.

Sen. Peters objected to the approval of SC 28 pursuant to Joint Rule 6H-4.

President Pro tempore announced that SC 28 was disapproved.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions that authorize the secretary of transportation to provide for temporary variable speed limits on state highways in the interests of highway safety due to varying weather, road work, and other conditions.

Was read the second time.

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Sen. Stalzer moved that HB 1008 be amended as follows:

On the House Transportation Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 32-25 be amended by adding a NEW SECTION to read:

Notwithstanding §§ 32-25-7, 32-25-19.1, or rules promulgated pursuant to chapter 1-26, the secretary of transportation may establish limited variable speed zones on two segments, not to exceed fifteen miles per segment, of the interstate highway system. The limited speed zones shall be based on monitored traffic, weather, or road surface conditions if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property. Differing speed limits may be established in the limited speed zones for varying weather conditions and any other factor that has a bearing on a safe speed. A limited speed zone is effective when it is conspicuously posted on appropriate fixed or variable signs. The beginning and end of each limited speed zone established under this section shall be conspicuously posted with signs showing the maximum speed permissible. The location and duration of this posting shall be filed with the secretary of transportation. A violation of the speed limit established under the provisions of this section is a Class 2 misdemeanor."

Which motion lost.

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Sen. Curd moved that HB 1008 be amended as follows:

On the House Transportation Committee engrossed bill, delete everything after the enacting clause and insert:

" Section 1. That chapter 32-25 be amended by adding a NEW SECTION to read:

Notwithstanding §§ 32-25-7, 32-25-19.1, the rules promulgated pursuant to chapter 1-26, the secretary of transportation may establish limited variable speed zones on two segments, not to exceed fifteen miles per segment, of the interstate highway system. The limited speed zones shall be based on monitored traffic, weather, or road surface conditions if the secretary of public safety and the secretary of transportation, after consultation with the director of the highway patrol, agree the limited speed zones are necessary for the protection of life and property. Differing speed limits may be established in the limited speed zones for varying weather conditions and any other factor that has a bearing on a safe speed. A limited speed zone is effective when it is conspicuously posted on appropriate fixed or variable signs. The beginning and end of each limited speed zone established under this section shall be conspicuously posted with signs showing the maximum speed permissible. The location and duration of this posting shall be filed with the secretary of transportation. A violation of the speed limit established under the provisions of this section is a Class 2 misdemeanor."

Sen. Maher requested that Joint Rule 5-17 be invoked on HB 1008.

Which request was supported and HB 1008 with Sen. Curd's pending motion to amend was deferred until Wednesday, February 14^th, the twenty-third legislative day.

HB 1076: FOR AN ACT ENTITLED, An Act to authorize townships to use a tax levy for emergency medical services.

Was read the second time.

The question being "Shall HB 1076 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; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Nelson

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.

HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax exemption of certain school owned property.

Was read the second time.

The question being "Shall HB 1143 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 Pro tempore declared the bill passed and the title was agreed to.

COMMEMORATIONS

SC 31 Introduced by: Senator Peters and Representatives Steinhauer and Clark

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the West Central High School Boys Cross Country team and commending their coaches, Kendra Benedetto and David Tuch, for their leadership.

WHEREAS, the West Central High School Boys Cross Country Team won five cross country meets in 2017 including the Dakota XII, Region 2A, and Class A State Boys competitions; and

WHEREAS, the United States Cross Country Coaches Association named Kendra Benedetto the Boys Cross Country Coach of the Year for South Dakota; and

WHEREAS, the members of the 2017 State Champion Boys Cross Country Team include: Derick Peters, Braden Peters, Caden Ideker, Carter Ulrich, Caleb Schulte, and Chase Otheim. The team was coached by Kendra Benedetto and David Tuch; and

WHEREAS, the 2017 West Central High School Boys Cross Country Team is recognized for their teamwork and incredible efforts, which led to an outstanding season:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates the West Central High School Boys Cross Country team for their outstanding season and for winning the Class A State Boys Cross Country Championship.

SC 32 Introduced by: Senators Peters and Cronin and Representatives Lake, Clark, Gosch, and Steinhauer

A LEGISLATIVE COMMEMORATION, Honoring and congratulating Isaac Olson, of Mobridge, and Derick Peters, of Hartford, on their selection as South Dakota's delegates to the 2018 United States Senate Youth Program in Washington, D.C.

WHEREAS, the United States Senate Youth Program, established in 1962 by United States Senate Resolution, is a unique educational experience for outstanding high school students interested in pursuing careers in public service; and

WHEREAS, student delegates will hear major policy addresses by senators, cabinet members, officials from the Departments of State and Defense, and directors of other federal agencies, as well as participate in meetings with the President and a justice of the United States Supreme Court; and

WHEREAS, two high school juniors or seniors are selected each year from each state to serve as delegates to Washington Week in March:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates Isaac Olson and Derick Peters for their selection as South Dakota's delegates to the 2018 United States Senate Youth Program.

SC 33 Introduced by: Senator Peters and Representatives Steinhauer and Clark

A LEGISLATIVE COMMEMORATION, Congratulating and honoring the 2017 West Central Girls Soccer Team and commending their coach, Greg Anderson, for his leadership.

WHEREAS, the West Central Girls Soccer Team won the 2017 Class A Girls Soccer Tournament and had an outstanding season; and

WHEREAS, the 2017 West Central Girls Soccer Team was led by Coach Greg Anderson, along with assistant coaches, Matt Evans and Eric Kurtz; and

WHEREAS, the members of the 2017 West Central Girls Soccer Team include: Hailee Fischer, Kassidy Johnson, Sydney Kurtz, Bailey Nester, Lily Sidel, Olivia Becker, Kaylee Loof, Megan Madsen, Rylee Haldeman, Kazia Ohayon, Ruby Hawks, Felicia Lowe, Abbi Mausbach, Emma Haugen, Ashley Nettifee, Kaitlyn Meadors, Chloe Scott, Taylor Rajewich, Rachel Eickman, Anna Goehring, Jada Van Overbeke, Jace VanderWoude, and Morgan Berens; and

WHEREAS, the 2017 West Central Girls Soccer Team is recognized for their teamwork and incredible efforts, which led to winning the Class A Girls State Soccer Tournament and an outstanding season:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature congratulates and honors the 2017 West Central Girls Soccer Team and commends their coach, Greg Anderson, for his leadership.

SC 34 Introduced by: Senator Peters and Representatives Clark and Steinhauer

A LEGISLATIVE COMMEMORATION, Honoring and congratulating the West Central High School FFA Chapter on their 2017 National achievements and Dalton Larson for being selected as the 2017-2018 State FFA President.

WHEREAS, the West Central High School FFA Chapter, advised by Linda Petersen, has exhibited exemplary citizenship and leadership in agriculture; and

WHEREAS, the West Central High School FFA Chapter took two teams to represent the state of South Dakota at the 90th National FFA Convention and Expo in Indianapolis, Indiana; and

WHEREAS, the Ag Issues team, including Branzon Underwood, Hunter Wilebski, Tiffany Rausch, Ellie Krizan, Cossette Ulrich, Ellie Stone, and Derick Peters, earned a Silver Emblem; and

WHEREAS, the Ag Communications team, including Carson Ulrich, Jacob Harden, Lauryn Riepma, and Megan Schoeneman, earned a Silver Emblem; and

WHEREAS, Dalton Larson was selected to serve as the 2017-2018 State FFA President:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the West Central High School FFA Chapter and its members are commended and honored for their national achievements and leadership role in the South Dakota FFA.

Sen. Otten (Ernie) moved that the Senate do now adjourn, which motion prevailed and at 4:42 p.m. the Senate adjourned.

Kay Johnson, Secretary