Senate Journal 2/27/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

THIRTIETH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 27, 2018

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

The prayer was offered by the Chaplain, Rev. Lizette Hunt, followed by the Pledge of Allegiance led by Senate page Grace Partridge.

Roll Call: All members present except Sen. Solano who was 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 twenty-ninth 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 27, 2018

Mr. President and Members of the Senate:

I have the honor to inform you that on February 27, 2018, I approved Senate Bills 15, 16, 31, 34, 47, 55, 74, and 141, 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 Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1081 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 1106 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Joshua Klumb, Vice Chair

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1146 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1184 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1058 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 HB 1165 and 1221 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 Education respectfully reports that it has had under consideration HB 1155 and returns the same with the recommendation that said bill be amended as follows:

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On page 2, line 2, of the House Education Committee engrossed bill, delete everything after "shall" and insert "incorporate language developmental milestones".

On page 2, line 3, delete "norms" and insert "set".

On page 2, line 15, delete everything after "Align to the" and insert "state's early learning guidelines".

On page 2, delete line 16.

On page 2, line 17, delete everything before "and" .

On page 2, line 24, delete everything after "The" and insert "advisory committee established pursuant to section 6 of this Act shall recommend tools or assessments to assess the".

On page 3, line 12, delete everything after "modify" and insert "an IFSP or IEP.".

On page 3, delete lines 13 and 14.

On page 3, line 17, delete everything after "." .

On page 3, delete lines 18 to 21, inclusive.

On page 3, line 22, delete everything before "If" .

On page 3, line 23, delete everything after "skills" .

On page 3, delete line 24.

On page 4, delete lines 1 to 3, inclusive, and insert "the child's IFSP or IEP team shall recommend specific strategies, services, and programs".

On page 4, line 4, delete "provided".

On page 4, delete lines 11 and 12, and insert "shall align to the state's early learning guidelines".

On page 4, line 13, delete "federal law".

On page 4, delete lines 14 to 16, inclusive, and insert "committee shall set language developmental milestones for inclusion in the parent resource created pursuant to section 2 of this Act.".

On page 4, line 24, delete everything after "consist of" and insert "at least nine but no more than fifteen volunteers, at least four of".

On page 5, line 2, delete "all" and insert ":".

On page 5, delete line 3.

On page 5, delete lines 10 to 24, inclusive, and insert:

(5) A representative from the Department of Education; and

(6) At least four members which may be any of the following:

(a) An expert who researches language outcomes for deaf and hard-of-hearing children using ASL and English;

(b) A credentialed teacher of deaf and hard-of-hearing students with expertise in curriculum and instruction in ASL and English;

(c) A credentialed teacher of deaf and hard-of-hearing students with expertise in curriculum and instruction in spoken English, with or without visual supplements;

(d) An advocate from the South Dakota Association of the Deaf who advocates for teaching using both ASL and English;

(e) An early intervention specialist who works with deaf and hard-of-hearing infants and toddlers using both ASL and English;

(f) A credentialed teacher of deaf and hard-of-hearing students with expertise in ASL and English language assessments;

(g) A representative from the Parent Training Information Center for South Dakota or South Dakota Parent Connection;

(h) A representative from Communication Service for the Deaf;

(i) A psychologist with expertise in assessing deaf and hard-of-hearing children who is fluent in ASL and English;

(j) A speech language pathologist; or

(k) A pediatric audiologist;".

On page 6, delete lines 1 to 3, inclusive.

On page 6, delete line 5, and insert "of the instruments used to".

On page 6, line 6, delete everything before "assess" .

On page 6, line 7, delete "instrument" and insert "instruments".

On page 6, line 11, delete "2019, and before each August first thereafter" and insert "2020".

On page 6, line 12, delete "annually produce a report" and insert "establish reporting criteria".

On page 6, line 14, delete everything after "." .

On page 6, delete lines 15 to 17, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1123, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 10, 50, 51, 53, 54, 58, 106, 110, 114, 119, 139, and 167 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 25, 41, 42, 61, and 64 were delivered to his Excellency, the Governor, for his approval at 10:50 a.m., February 27, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SCR 9 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SJR 2 and SB 112 were indefinitely postponed by the House.

Also MR. PRESIDENT:

I have the honor to return herewith SB 80, 89, and 90 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SB 10, 50, 51, 53, 54, 58, 106, 110, 114, 119, 139, and 167 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HCR 1010.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Curd moved that HJR 1004 be deferred to Wednesday, February 28^th, the thirty-first legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Taxation on HB 1174 as found on page 597 of the Senate Journal; also

State Affairs on HB 1248 as found on page 596 of the Senate Journal; also

Joint Committee on Appropriations on SB 183 as found on page 594 of the Senate Journal; also

Joint Committee on Appropriations on SB 91 as found on page 592 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Stanley Porch of Jackson County, Wanblee, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Stanley Porch pursuant to the executive message as found on page 476 of the Senate Journal?"

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

Excused:
Solano

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

The Senate proceeded to the consideration of the executive reappointment of Patrick J. Burchill of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Patrick J. Burchill pursuant to the executive message as found on page 494 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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

Sen. Novstrup requested that HB 1161 be removed from the Consent Calendar.

HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal publication deadlines.

Was read the second time.

The question being "Shall HB 1163 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the abandonment or dissolution of television translator districts.

Was read the second time.

The question being "Shall HB 1168 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1178: FOR AN ACT ENTITLED, An Act to provide a penalty for the failure to complete timely audits by certain entities.

Was read the second time.

The question being "Shall HB 1178 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1183: FOR AN ACT ENTITLED, An Act to revise the deadline for the certification of certain municipal ballot language to the county auditor.

Was read the second time.

The question being "Shall HB 1183 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1116: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special interest motor vehicle license plates.

Was read the second time.

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Sen. Wiik moved that HB 1116 be amended as follows:

On page 2, line 7, of the Senate Transportation Committee engrossed bill, delete "seven thousand five hundred" and insert "seventy-five thousand".

Which motion lost.

The question being "Shall HB 1116 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, 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; Stalzer; Sutton; Tapio; Tidemann; White; Youngberg

Nays:
Peters; Wiik

Excused:
Solano

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 1007: FOR AN ACT ENTITLED, An Act to require any initiated measure to embrace only one subject.

Was read the second time.

The question being "Shall HB 1007 pass as amended?"

And the roll being called:

Yeas 21, Nays 13, Excused 1, Absent 0

Yeas:
Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Partridge; Peters; Rusch; Stalzer; Tapio; Tidemann; Wiik; Youngberg

Nays:
Bolin; Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba; Otten (Ernie); Russell; Soholt; Sutton; White

Excused:
Solano

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.

Sen. Greenfield (Brock) moved that HB 1070 and 1121 be placed to follow HB 1255 on today's calendar.

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding political party status and to declare an emergency.

Was read the second time.

The question being "Shall HB 1012 pass?"

And the roll being called:

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

Excused:
Russell; Solano

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 1199: FOR AN ACT ENTITLED, An Act to prohibit collective bargaining by employees of the Board of Regents.

Was read the second time.

The question being "Shall HB 1199 pass as amended?"

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Curd; Greenfield (Brock); Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Otten (Ernie); Partridge; Peters; Stalzer; Tapio; Wiik

Nays:
Cronin; Ewing; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba; Novstrup; Rusch; Russell; Soholt; Sutton; Tidemann; White; Youngberg

Excused:
Solano

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

HB 1268: FOR AN ACT ENTITLED, An Act to provide for revised dates to prefile legislation.

Was read the second time.

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Sen. Nesiba moved that HB 1268 be amended as follows:

On page 1, line 5, of the printed bill, after "file" insert "no more than three".

Sen. Kennedy requested a roll call vote.

Which request was supported.

The question being on Sen. Nesiba's motion that HB 1268 be amended.

And the roll being called:

Yeas 18, Nays 16, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Langer; Maher; Nesiba; Otten (Ernie); Peters; Soholt; Sutton; Tidemann; White

Nays:
Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Monroe; Nelson; Netherton; Novstrup; Partridge; Rusch; Russell; Stalzer; Tapio; Wiik; Youngberg

Excused:
Solano

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

The question being "Shall HB 1268 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.

Was read the second time.

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Sen. Jensen (Phil) moved that HB 1137 be amended as follows:

On page 1, line 12, of the printed bill, after "." insert "In addition to this information, a private lobbyist is required to provide a digital photograph in an acceptable format, as prescribed by the secretary of state.".

Which motion lost.

The question being "Shall HB 1137 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Monroe

Excused:
Solano

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 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 second time.

The question being "Shall HB 1157 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1255: FOR AN ACT ENTITLED, An Act to revise the authority of the interim Rules Review Committee to revert a rule to any step in the rules adoption process.

Was read the second time.

Sen. Russell moved that HB 1255 be deferred to Wednesday, February 28^th, the thirty-first legislative day.

Which motion prevailed.

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

Was read the second time.

The question being "Shall HB 1070 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Solano

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 1121: FOR AN ACT ENTITLED, An Act to revise the fees for certain on-sale and off-sale retail liquor licenses.

Was read the second time.

Sen. Maher moved that HB 1121 be deferred to Wednesday, February 28^th, the thirty-first legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 10: FOR AN ACT ENTITLED, An Act to provide for the resolution of conflicts by multiple initiated measures and amendments to the Constitution adopted at the same election.

SB 50: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the American Indian Student Center at South Dakota State University and to make an appropriation therefor.

SB 51: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of an athletic support facility at South Dakota State University and to make an appropriation therefor.

SB 53: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell existing real property in Pennington County and to acquire real property in Pennington County for the use and benefit of the South Dakota State University West River Agriculture Center.

SB 54: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tax increment financing districts.

SB 106: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the placement of a foster child with a relative or close family friend.

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.

SB 114: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal and storage of abandoned vehicles.

SB 119: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the furnishing of fraudulent disability documentation when renting accommodations.

SB 139: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

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

HB 1077: FOR AN ACT ENTITLED, An Act to update certain language regarding capital punishment and to revise the mandatory sentence for persons with an intellectual disability convicted of murder in the first degree.

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

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 46 Introduced by: Senators Partridge, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Netherton, Novstrup, Otten (Ernie), Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg and Representatives McPherson, Ahlers, Anderson, Bartels, Barthel, Bartling, Beal, Bordeaux, Brunner, Campbell, Carson, Chase, Clark, Conzet, Dennert, Diedrich, DiSanto, Frye-Mueller, Glanzer, Gosch, Greenfield (Lana), Haugaard, Hawley, Heinemann, Holmes, Howard, Hunhoff, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rounds, Rozum, Schaefer, Schoenfish, Smith, Steinhauer, Tulson, Turbiville, Wiese, Willadsen, York, and Zikmund

A LEGISLATIVE COMMEMORATION, Commending Reverend William (Billy) F. Graham, Jr. for his life of evangelistic ministry and efforts to reach the world with the gospel of Christ.

WHEREAS, Reverend Billy Graham took the Biblical instruction literally in Mark 16:15 to, "Go ye into all the world and preach the Gospel to every creature"; and

WHEREAS, he identified his purpose in life was to help people find a personal relationship with God, which he believed comes through knowing Christ; and

WHEREAS, Reverend Graham preached the Gospel to more people in live audiences than anyone else in history - nearly two hundred fifteen million people in over one hundred eighty-five countries and territories, plus additional millions through video film webcast; and

WHEREAS, he was a spiritual advisor for twelve United States presidents from Harry Truman to Barack Obama; and

WHEREAS, Reverend Graham is credited with leading hundreds of thousands of people into a relationship with Jesus Christ; and

WHEREAS, Reverend Graham funded the Billy Graham Evangelistic Association and under that ministry started the weekly Hour of Decision radio program which ran for over sixty years, multiple television programs, the My Answer newspaper column, and Decision magazine which is one of the most widely circulated religious periodicals with a circulation of more than four hundred twenty-five thousand; and

WHEREAS, he authored thirty-three different books, many of which became top sellers including his autobiography Just As I Am (1997), which achieved the triple crown by simultaneously reaching the top three best seller lists; and

WHEREAS, he was given many awards and recognitions including the Ronald Reagan Presidential Foundation Freedom Award (2000), the Congressional Gold Medal (1996), the Templeton Foundation Prize for Progress in Religion (1982), the Big Brother Award (1966), the Speaker of the Year Award (1964), honorary knighthood from Honorary Knight Commander of the Order of the British Empire (KBE) (2001), and recognition from the Anti-Defamation League of the B'nai B'rith in 1969 and the National Conference of Christians and Jews in 1971 for his efforts to foster a better understanding among all faiths; and

WHEREAS, Gallup named Reverend Graham as one of the Ten Most Admired Men in the World sixty-one different times and he is widely considered to have been the most influential evangelist of modern times:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Reverend William (Billy) F. Graham Jr. be honored and commended for his service to his King in bringing the Gospel of Christ into all the world.

Sen. Jensen (Phil) moved that the Senate do now adjourn, which motion prevailed and at 4:26 p.m. the Senate adjourned.

Kay Johnson, Secretary