Senate Journal 3/7/2018 09:00 AM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

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

The Senate convened at 9:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Pastor Alex Haines, followed by the Pledge of Allegiance led by Senate pages Haley Gearhart and Kalid Hussein.

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 thirty-fourth 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 Legislative Procedure respectfully reports that SB 7, 19, 20, 23, 44, 59, 69, 70, 83, 93, 94, 96, 99, 105, 117, 151, 153, and 154 were delivered to his Excellency, the Governor, for his approval at 2:45 p.m., March 6, 2018.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 9, 11, 13, 43, 73, 80, 82, 86, 89, 90, 97, 140, 144, 148, 164, 165, 185, and 212 were delivered to his Excellency, the Governor, for his approval at 8:15 a.m., March 7, 2018.

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SJR 1 was delivered to her Excellency, the Secretary of State, for filing at 2:45 p.m., March 6, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 125 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 125 be amended as follows:

On page 1, line 12, of the House engrossed bill, before "Operations" insert "Government".

Respectfully submitted,        Respectfully submitted,
Jean Hunhoff                Deb Peters
House Committee Chair        Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1174, 1058, and 1155.

Also MR. PRESIDENT:

I have the honor to return herewith SB 68, 173, and 204 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 29, 77, 81, 166, 169, 183, and 187 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 SCR 17 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

Sen. Maher moved that the Senate do now recess until 11:30 a.m., which motion prevailed and at 9:20 a.m., the Senate recessed.

The Senate reconvened at 11:30 a.m., the President presiding.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 6, 2018

Mr. President and Members of the Senate:

I have the honor to inform you that on March 6, 2018, I approved Senate Bills 10, 50, 51, 53, 54, 58, 106, 114, 119, 126, 139, 147, 167, and 209, 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 68, 173, and 204 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1268 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1268 be amended as follows:

1268wb

On page 1, line 5, of the Senate engrossed bill, delete "three" and insert "ten".

Respectfully submitted,        Respectfully submitted,
Elizabeth May            Stace Nelson
House Committee Chair        Senate Committee Chair

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 62 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 62 be amended as follows:

62fb

On page 2, line 4, of the House Judiciary Committee engrossed bill, delete "retains" and insert "licenses".

Respectfully submitted,        Respectfully submitted,
Tona Rozum                Lance Russell
House Committee Chair        Senate Committee Chair

MOTIONS AND RESOLUTIONS

Sen. Curd moved that the consideration of House Amendments to SB 63, 214, and 183 be placed to follow SCR17 on today's calendar.

Which motion prevailed.

Sen. Stalzer moved that the Senate do concur in House amendments to SB 91.

The question being on Sen. Stalzer's motion that the Senate do concur in House amendments to SB 91.

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; Solano; Stalzer; Sutton; Tapio; Tidemann; Wiik; Youngberg

Excused:
White

So the motion having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Heinert moved that the Senate do concur in House amendments to SB 76.

The question being on Sen. Heinert's motion that the Senate do concur in House amendments to SB 76.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
White

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Tidemann moved that the Senate do not concur in House amendments to SB 29 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Maher, White, and Soholt.

Sen. Nesiba moved that the Senate do concur in House amendments to SB 77.

Sen. Maher moved as a substitute motion that the Senate do not concur in House amendments to SB 77 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Langer, Otten (Ernie), and Nesiba.

Sen. Tidemann moved that the Senate do concur in House amendments to SB 81.

The question being on Sen. Tidemann's motion that the Senate do concur in House amendments to SB 81.

And the roll being called:

Yeas 25, Nays 9, Excused 1, Absent 0

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

Nays:
Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Partridge; Russell; Sutton

Excused:
White

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Greenfield (Brock) moved that the Senate do concur in House amendments to SB 166.

The question being on Sen. Greenfield (Brock)'s motion that the Senate do concur in House amendments to SB 166.

And the roll being called:

Yeas 32, Nays 1, 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); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tapio; Tidemann; Wiik; Youngberg

Nays:
Sutton

Excused:
Partridge; White

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Jensen (Phil) moved that the Senate do concur in House amendments to SB 169.

The question being on Sen. Jensen (Phil)'s motion that the Senate do concur in House amendments to SB 169.

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); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; Wiik; Youngberg

Excused:
Partridge; White

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Solano moved that the Senate do concur in House amendments to SB 187.

The question being on Sen. Solano's motion that the Senate do concur in House amendments to SB 187.

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Frerichs; Novstrup

Excused:
Partridge

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Heinert moved that the Senate do concur in House amendments to SCR 17.

The question being on Sen. Heinert's motion that the Senate do concur in House amendments to SCR 17.

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

Excused:
Partridge

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Thursday, March 8^th the thirty-sixth legislative day.

Which motion prevailed.

There being no objection, the Senate proceeded to Order of Business No. 9.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Bolin moved that the report of the Conference Committee on HB 1016 as found on page 714 of the Senate Journal be adopted.

The question being on Sen. Bolin's motion that the report of the Conference Committee on HB 1016 be adopted.

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

Excused:
Partridge

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

Sen. Peters moved that the report of the Conference Committee on SB 125 as found on page 736 of the Senate Journal be adopted.

Sen. Russell moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 125 as found on page 736 of the Senate Journal and do not appoint a new committee.

Sen. Partridge moved the previous question.

Which motion prevailed.

The question being on Sen. Russell's substitute motion to not adopt the report of the Conference Committee on SB 125 and to not appoint a new committee.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

Yeas:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Monroe; Nelson; Nesiba; Otten (Ernie); Russell; Sutton; Tapio

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Langer; Maher; Netherton; Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

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

Sen. Heinert moved as a substitute motion that the Senate do not adopt the report of the Conference Committee on SB 125 as found on page 736 of the Senate Journal and that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Sen. Curd moved the previous question.

Which motion prevailed.

The question being on Sen. Heinert's substitute motion that the report of the Conference Committee on SB 125 not be adopted and that a new committee on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed.

Sen. Curd moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 12:45 p.m., the Senate recessed.

The Senate reconvened at 2:00 p.m., the President presiding.

The President announced that the President Pro tempore has appointed Sens. Cronin, Partridge, and Heinert as a new committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on SB 125.

There being no objection, the Senate reverted to Order of Business No. 6.

REPORTS OF CONFERENCE COMMITTEES

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 46 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 46 be amended as follows:

46jc

On page 1, line 8, of the House Education Committee engrossed bill, delete "immediately".

46jd

On page 1, line 12, after "surface" insert ", except when the use is necessary and reasonable in manner and moderate in degree".

On page 1, line 14, after "room" insert ", unless there is a clear and present danger".

Respectfully submitted,        Respectfully submitted,
Timothy Johns            Jim Bolin
House Committee Chair        Senate Committee Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1264 and has appointed Reps. Qualm, Peterson (Kent), and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Sandra J. Zinter, Chief Clerk

The President announced that the President Pro tempore has appointed Sens. Tidemann, Russell, and Frerichs as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1264

Sen. Curd moved that the Senate do now recess until 4:30 p.m., which motion prevailed and at 2:40 p.m., the Senate recessed.

The Senate reconvened at 4:30 p.m, the President presiding.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

March 7, 2018

Mr. President and Members of the Senate:

I have the honor to inform you that on March 7, 2018, I approved Senate Bills 110 and 151, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Rhoden, Lake, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 29.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Lust, Reed, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 77.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Hunhoff, Lust, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 125.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1286 and has appointed Reps. Haugaard, Heinemann, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has failed to concur in Senate amendments to HB 1045 and has appointed Reps. Anderson, Hunhoff, and Ahlers as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses.

Respectfully,
Sandra J. Zinter, Chief Clerk

The President announced that the President Pro tempore has appointed Sens. Greenfield (Brock), Rusch, and Kennedy as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1286.

The President announced that the President Pro tempore has appointed Sens. Tidemann, Wiik, and Nesiba as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1045.

Sen. Curd moved that the balance of the calendar including the consideration of House Amendments to SB 63, 214, and 183 be deferred to Thursday, March 8^th, the thirty-sixth legislative day.

Which motion prevailed.

SIGNING OF BILLS

The President publicly read the title to

SB 8: FOR AN ACT ENTITLED, An Act to establish provisions as to how campaign contribution limits apply to certain aggregate contributions.

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.

SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the assistance provided to counties by state firefighting resources.

SB 98: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 911 emergency surcharge, the public safety 911 emergency fund, and revenue distribution and to repeal the 911 emergency surcharge sunset clause.

SB 100: FOR AN ACT ENTITLED, An Act to establish certain provisions related to grant monitoring and review and to revise certain record retention policies.

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

SB 137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the minimum hunting age.

SB 146: FOR AN ACT ENTITLED, An Act to exempt off-road vehicle dealers from certain special event permit fees.

SB 155: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the liability of the cost of jail confinement.

SB 156: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding brand inspections.

SB 173: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding microbreweries and malt beverage manufacturers.

SB 178: FOR AN ACT ENTITLED, An Act to provide certain exceptions from alcoholic beverage provisions regarding events conducted by certain civic, charitable, educational, fraternal, or veterans organizations.

SB 204: FOR AN ACT ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.

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

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crimes that are considered violent for parole calculation purposes.

HB 1081: FOR AN ACT ENTITLED, An Act to repeal the sunset clause regarding the recreational use of nonmeandered water.

HB 1104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the arrest of certain victims of domestic abuse.

HB 1106: FOR AN ACT ENTITLED, An Act to authorize hunting preference points to be granted to persons age ten years or older.

HB 1110: FOR AN ACT ENTITLED, An Act to increase the penalty for certain subsequent convictions of hiring for sexual activity or promoting prostitution.

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

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

HB 1146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of alcoholic beverages by passengers aboard vehicles operated by licensed carriers.

HB 1161: FOR AN ACT ENTITLED, An Act to revise certain references to the International Building Code.

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

HB 1169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the commissioner form of municipal government.

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.

HB 1258: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding aviation.

HB 1269: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time frame for consent in adoption proceedings.

HB 1270: FOR AN ACT ENTITLED, An Act to adjust the period of time requiring the use of lighted front and rear lamps on motor vehicles.

HB 1271: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the carrying of certain guns on certain premises.

HB 1273: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding convention facility on-sale licenses to sell alcoholic beverages.

HB 1278: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the extradition of fugitives by Indian tribes.

HB 1280: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the calculation of suspended prison sentences.

HB 1292: FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

And signed the same in the presence of the Senate.

Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at 4:47 p.m. the Senate adjourned.

Kay Johnson, Secretary