Senate Journal 2/13/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

TWENTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 13, 2018

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

The prayer was offered by the Chaplain, Rev. Valerie Hummel LaBounty, followed by the Pledge of Allegiance led by Senate pages Tyler Arend and Madison Hetland.

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 twenty-first 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 HB 1217 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1119, 1148, and 1214 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1099 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 HCR 1001 and returns the same with the recommendation that said resolution be amended as follows:

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On page 1, line 4 of the printed resolution, after "people" insert "from any geographical area".

On page 1, line 4, delete "brain" and insert ""brain drain"; and".

On page 1, delete line 5.

On page 1, line 8, delete "cited" and insert "cite".

On page 1, line 8, delete "planned" and insert "plan".

On page 1, line 10, delete "places" and insert "locales and people".

On page 2, line 5, delete "of the brain drain," and insert "of the "brain drain,"".

On page 2, line 5, after "significant" insert "negative impact of the".

On page 2, line 6, delete everything after "other states" and insert "and the need for the state to counter that migration through a variety of methods; and".

On page 2, delete line 7.

C1001ata

On page 1, line 1, of the printed resolution, delete "brain drain" and insert "migration of many young people from our state and urging state and local officials to take steps to counter that action and attract new residents to our state.".

On page 1, delete lines 2 and 3.

And that as so amended said resolution do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 131 and 162 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HCR 1008 and HB 1127 and returns the same with the recommendation that said bill and resolution do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 145 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 34 and 141 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 7 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 34 and 141 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1126, 1139, 1155, 1173, 1185, and 1282 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Heinert moved that the Committee on Education be instructed to deliver SB 162 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

Sen. Curd moved that SB 63 and SJR 3 be deferred to Wednesday, February 14^th, the twenty-third legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on HB 1079 as found on page 429 of the Senate Journal; also

Health and Human Services on HB 1205 as found on page 429 of the Senate Journal be adopted.

Which motion prevailed.

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 committees:

SB 187 was referred to the Committee on Local Government.

SB 189 was referred to the Committee on Local Government.

SJR 9 was referred to the Committee on Local Government.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding forensic medical examinations for victims of rape or sexual offense.

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

HB 1139: FOR AN ACT ENTITLED, An Act to revise the applicability of adverse possession to certain partition fences.

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

HB 1155: FOR AN ACT ENTITLED, An Act to create provisions regarding the language development of deaf and hard-of-hearing students.

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

HB 1173: FOR AN ACT ENTITLED, An Act to provide for inactive status of airport liquor licenses.

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

HB 1185: FOR AN ACT ENTITLED, An Act to establish provisions regarding the storage of wine at certain licensed premises.

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

HB 1282: FOR AN ACT ENTITLED, An Act to provide certain notice requirements regarding out-of-state contributions to ballot question committees.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Nesiba requested that SB 100 be removed from the Consent Calendar.

Sen. Nelson requested that SB 204 be removed from the Consent Calendar.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 24: FOR AN ACT ENTITLED, An Act to extend the effective date of certain provisions regarding the recreational use of nonmeandered water.

Was read the second time.

The question being "Shall SB 24 pass as amended?"

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Bolin; Curd; Jensen (Phil); Langer; Nelson; Otten (Ernie); Peters; Russell; Solano

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 99: FOR AN ACT ENTITLED, An Act to authorize the release of certain 911 emergency surcharge information to public safety answering points.

Was read the second time.

The question being "Shall SB 99 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 Pro tempore declared the bill passed and the title was agreed to.

SB 65: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding drug deliveries that result in death and to provide a penalty therefor.

Was read the second time.

The question being "Shall SB 65 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

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

Nays:
Kennedy; Killer; Nesiba

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 212: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Bureau of Information and Telecommunications assistance to schools.

Was read the second time.

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Sen. Heinert moved that SB 212 be amended as follows:

On page 2, line 4, of the printed bill, delete "any tribally controlled school or Bureau".

On page 2, line 5, delete "of Indian Education school,".

On page 2, line 6, after ";" overstrike "and".

On page 2, line 9, before "." insert "; and

(7) Providing, where deemed feasible, any tribally controlled school or Bureau of Indian Education school a means to utilize the state communication and information systems and service at the school's expense and purchase bandwidth at the same rate as other agencies listed in this chapter".

Which motion prevailed.

The question being "Shall SB 212 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 requested a fiscal note on SB 133.

Which request was supported.

SB 190: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before the state adopts certain changes to the Medicaid program.

Was read the second time.

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Sen. Partridge moved that SB 190 be amended as follows:

On page 1, line 11, of the printed bill, delete everything after "Legislature" and insert "in".

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

Which motion prevailed.

The question being "Shall SB 190 pass as amended?"

And the roll being called:

Yeas 14, Nays 20, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Greenfield (Brock); Klumb; Langer; Monroe; Novstrup; Partridge; Peters; Rusch; Russell; Stalzer; Tapio; Youngberg

Nays:
Cronin; Curd; Ewing; Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Kolbeck; Maher; Nelson; Nesiba; Netherton; Otten (Ernie); Soholt; Solano; Sutton; Tidemann; White; Wiik

Excused:
Frerichs

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the authorization to provide postsecondary education.

Was read the second time.

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Sen. Bolin moved that HB 1016 be amended as follows:

On page 3 of the Senate Education Committee engrossed bill, delete lines 20 and 21.

On page 3, line 22, delete "(9)" and insert "(7)".

On page 3, line 23, delete "(10)" and insert "(8)".

On page 3, line 24, delete "(11)" and insert "(9)".

On page 4, line 1, delete "(12)" and insert "(10)".

On page 4, delete line 2.

On page 4, line 3, delete "(14)" and insert "(11)".

On page 4, line 4, delete "(15)" and insert "(12)".

On page 4, line 5, delete "(16)" and insert "(13)".

On page 4, line 6, delete "(17)" and insert "(14)".

On page 4, line 7, delete "(18)" and insert "(15)".

On page 4, line 8, delete "(19)" and insert "(16)".

On page 4, line 9, delete "(20)" and insert "(17)".

On page 4, line 10, delete "(21)" and insert "(18)".

On page 4, line 11, delete "(22)" and insert "(19)".

On page 4, line 12, delete "(23)" and insert "(20)".

On page 4, line 13, delete "(24)" and insert "(21)".

On page 4, line 14, delete "(25)" and insert "(22)".

On page 4, line 15, delete "(26)" and insert "(23)".

On page 4, line 16, delete "(27)" and insert "(24)".

On page 4, line 17, delete "(28)" and insert "(25)".

On page 4, line 18, delete "(29)" and insert "(26)".

On page 4, line 19, delete "(30)" and insert "(27)".

On page 4, line 20, delete "(31)" and insert "(28)".

On page 4, line 21, delete "(32)" and insert "(29)".

On page 4, delete line 22.

On page 4, line 23, delete "(34)" and insert "(30)".

On page 4, line 24, delete "(35)" and insert "(31)".

On page 5, line 1, delete "(36)" and insert "(32)".

Which motion prevailed.

1016xb

Sen. Nesiba moved that HB 1016 be amended as follows:

On page 3, line 14, of the Senate Education Committee engrossed bill, overstrike "College" and insert "University".

Which motion prevailed.

The question being "Shall HB 1016 pass as amended?"

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; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Netherton; 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.

HB 1033: FOR AN ACT ENTITLED, An Act to revise certain licensing renewal procedures for business insurance producers.

Was read the second time.

The question being "Shall HB 1033 pass as amended?"

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; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Partridge; 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.

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

Was read the second time.

The question being "Shall HB 1074 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; Nelson; Nesiba; Netherton; Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Otten (Ernie)

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 35 Introduced by: Senators Tidemann, Heinert, Peters, Solano, and Sutton and Representatives Hunhoff, Bartling, Bordeaux, Diedrich, Duvall, Hawley, and York

A LEGISLATIVE COMMEMORATION, Honoring the 2018 South Dakota Boys & Girls Clubs of America's Youth of the Year finalists.

WHEREAS, Jessie Davis of the Boys & Girls Club of the Sioux Empire, Zachary Richard of the Boys & Girls Club of Watertown, Cherish Neconish of the Boys & Girls Club of Brookings, Joi Zephier of the Boys & Girls Club of the Missouri River Area, Jada Dicks of the Ellsworth AFB Youth Program, Natasha Duke of the Boys & Girls Club of Brookings, Bella Pickner of the Boys & Girls Club of the Capital Area, and Red Girl Left Hand Bull of the Boys & Girls Club of Rosebud have been selected to represent their respective Boys & Girls Club located in South Dakota in the state Youth of the Year Program; and

WHEREAS, the Youth of the Year Program is the Boys & Girls Club of America's premiere youth recognition program for club members, promoting and celebrating service to the club, community, and family, academic performance, moral character, life goals, poise, and public speaking ability; and

WHEREAS, Disney and Toyota generously sponsor the Boys & Girls Clubs of America's Youth of the Year program; and

WHEREAS, one of these club members will be selected to represent South Dakota in the
national Youth of the Year program; and

WHEREAS, these club members have demonstrated exemplary accomplishments in the areas of leadership, community service, character development, academics, fitness, poise, and
public speaking:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and commends Jessie Davis of the Boys & Girls Club of the Sioux Empire, Zachary Richard of the Boys & Girls Club of Watertown,

Cherish Neconish of the Boys & Girls Club of Brookings, Joi Zephier of the Boys & Girls Club of the Missouri River Area, Jada Dicks of the Ellsworth AFB Youth Program, Natasha Duke of the Boys & Girls Club of Brookings, Bella Pickner of the Boys & Girls Club of the Capital Area, and Red Girl Left Hand Bull of the Boys & Girls Club of Rosebud for their outstanding achievements, and that the Legislature extends its appreciation to the Boys & Girls Clubs of America and Disney and Toyota for their work in promoting and celebrating these achievements through the Youth of the Year Program.

Sen. Ewing moved that the Senate do now adjourn, which motion prevailed and at 4:07 p.m. the Senate adjourned.

Kay Johnson, Secretary