JOURNAL OF THE SENATE

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THIRTY-SIXTH DAY

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

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate pages Anneleise Taggart and Jonathon Freeman.

    Roll Call: All members present except Sens. Curd and Tapio who were excused.

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-fifth 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.

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REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 76, 81, 91, 166, 169, and 187 and finds the same correctly enrolled.

REPORTS OF CONFERENCE COMMITTEES

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MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 77 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 77 be amended as follows:

    On page 1, line 9, of the House State Affairs Committee engrossed bill, overstrike ", director," and insert "or each director".

Respectfully submitted,        Respectfully submitted,
David Lust                Kris Langer
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 1002, 1053, 1083, 1109, 1126, 1139, 1140, 1160, 1162, 1166, 1172, 1196, 1209, 1215, 1252, 1257, 1293, 1297, 1311, 1313, HJR 1004 and 1006.

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Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Conference Committee on HB 1016.

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 adopted the reports of the Conference Committees on HB 1268 and SB 62 and 46.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Maher moved 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Maher moved 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 pertaining to fixing the time of adjournment sine die for the Ninety-third Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Langer, Ewing, and Killer.

    Sen. Maher moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:06 a.m., the Senate recessed.

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RECESS

    The Senate reconvened at 1:00 p.m., the President presiding.

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

COMMUNICATIONS AND PETITIONS

March 8, 2018

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 8, 2018, I approved Senate Bills 9, 19, 20, 23, 43, 44, 59, 69, 70, 73, 80, 82, 83, 86, 89, 93, 96, 99, 105, 117, 153, 154, and 185, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

MOTIONS AND RESOLUTIONS

    Sen. Maher moved that the consideration of House Amendments to SB 63 be placed to follow the consideration of reports of the Conference Committee on SB 46 on today's calendar.

    Which motion prevailed.

    Sen. Tidemann moved that the Senate do not concur in House amendments to SB 214 and that no committee be appointed.

    The question being on Sen. Tidemann's motion that the Senate do not concur in House amendments to SB 214 and that no committee be appointed.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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    Yeas:
Bolin; Cammack; Cronin; 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; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Russell; Tapio

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

    Sen. Cammack moved that the Senate do concur in House amendments to SB 183.

    The question being on Sen. Cammack's motion that the Senate do concur in House amendments to SB 183.

    And the roll being called:

    Yeas 30, Nays 2, Excused 3, Absent 0

    Yeas:
Bolin; Cammack; Cronin; 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; Tidemann; White; Wiik; Youngberg

    Nays:
Jensen (Phil); Nelson

    Excused:
Curd; Russell; Tapio

    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.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

    Sen. Nelson moved that the report of the Conference Committee on HB 1268 as found on page 738 of the Senate Journal be adopted.

    The question being on Sen. Nelson's motion that the report of the Conference Committee on HB 1268 be adopted.

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    And the roll being called:

    Yeas 20, Nays 11, Excused 4, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Partridge; Rusch; Russell; Stalzer; Wiik; Youngberg

    Nays:
Haverly; Heinert; Kennedy; Langer; Nesiba; Otten (Ernie); Peters; Soholt; Solano; Sutton; White

    Excused:
Curd; Frerichs; Tapio; Tidemann

    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. Russell moved that the report of the Conference Committee on SB 62 as found on page 739 of the Senate Journal be adopted.

    The question being on Sen. Russell's motion that the report of the Conference Committee on SB 62 be adopted.

    And the roll being called:

    Yeas 30, Nays 0, Excused 5, Absent 0

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

    Excused:
Curd; Frerichs; Russell; Tapio; Tidemann

    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.

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    Sen. Bolin moved that the report of the Conference Committee on SB 46 as found on page 746 of the Senate Journal be adopted.

    The question being on Sen. Bolin's motion that the report of the Conference Committee on SB 46 be adopted.

    And the roll being called:

    Yeas 27, Nays 3, Excused 5, Absent 0

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

    Nays:
Jensen (Phil); Nelson; Stalzer

    Excused:
Curd; Frerichs; Russell; Tapio; Tidemann

    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.

SIGNING OF BILLS

    The President publicly read the title to

    SB 76: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration.

    SB 81: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the building South Dakota fund and the programs funded thereunder.

    SB 91: FOR AN ACT ENTITLED, An Act to authorize the Department of Veterans Affairs to provide for the design, construction, and equipping of a state veterans cemetery in Minnehaha County, to create a veterans cemetery fund, to make an appropriation therefor, and to declare an emergency.

    SB 166: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the inspection of moisture and protein-measuring devices.

    SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding confections that contain alcohol and to declare an emergency.

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    SB 187: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the licensing of wine manufacturers.

    HB 1004: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petition forms for initiated measures and initiated amendments to the Constitution.

    HB 1005: FOR AN ACT ENTITLED, An Act to revise certain requirements for a recitation regarding the effect of a vote on certain ballot measures.

    HB 1058: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the employment of the superintendent of the State School for the Deaf and the South Dakota School for the Blind and the Visually Impaired.

    HB 1067: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of wineries.

    HB 1114: FOR AN ACT ENTITLED, An Act to establish certain requirements for students enrolling in resident school districts or assigned schools after participating in open enrollment.

    HB 1129: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.

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

    HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding rights for crime victims.

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

    HB 1188: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding postsecondary tuition assistance programs.

    HB 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding filing and recording secured transaction records with the Office of the Secretary of State.

    HB 1281: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an emergency.

    HB 1285: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding community safety zones.

    HB 1304: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding challenges to petition signatures.

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    HB 1318: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Health and Educational Facilities Authority to transfer or grant excess reserves to any South Dakota governmental entity.

    And signed the same in the presence of the Senate.

    Sen. Rusch moved that the Senate do now recess until 5:00 p.m., which motion prevailed and at 1:59 p.m., the Senate recessed.

RECESS

    The Senate reconvened at 5:00 p.m., the President presiding.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 46, 62, and 183 and finds the same correctly enrolled.

REPORTS OF CONFERENCE COMMITTEES

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MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered SB 29 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that the Senate do not concur with the House amendments to SB 29 and do not appoint a new committee.

Respectfully submitted,        Respectfully submitted,
Larry Rhoden                Ryan Maher
House Committee Chair        Senate Committee Chair

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Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1264 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1264 be amended as follows:

    On page 2 of the Senate Appropriations Committee engrossed bill, delete line 3, and insert "fifty-five million dollars ($55,000,000), or so much thereof as may".

    On page 2, line 4, delete "one dollar ($1)" and insert "two million dollars ($2,000,000)".

    On page 2, line 9, after "." insert "Any general funds appropriated in this section shall be transferred to the precision agriculture fund.".

    On page 2, line 19, delete "twenty-two" and insert "twenty".

Respectfully submitted,        Respectfully submitted,
Lee Qualm                Larry Tidemann
House Committee Chair        Senate Committee Chair

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Also MR. PRESIDENT:

    The Conference Committee respectfully reports that it has considered HB 1286 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1286 be amended as follows:

    On the Senate engrossed bill, delete all amendments thus restoring the bill to the printed version.

    On page 1, line 10 of the printed version, delete everything after "shall" and insert "receive alternative political status.".

    On page 1, line 11, delete everything before "Any" .

    On page 1, line 12, delete "per cent" and insert "percent".

    On page 1, line 13, delete "lose its" and insert "no longer be classified as".

    On page 3, between lines 16 and 17, insert:

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    "Section 7. That § 12-5-1 be amended to read:

    12-5-1. A new political party may be organized and participate in the primary election by filing with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the primary election, a written declaration signed by at least two and one-half one percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which declaration shall contain:

            (1)    The name of the proposed party; and

            (2)    A brief statement of the principles thereof;

whereupon the party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.

    A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in § 12-1-3.

    The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27. ".

    On page 1, line 1, of the Senate engrossed bill, delete everything after "Act to" and insert "authorize certain political parties to be classified under alternative political status, to revise certain provisions regarding nominating petitions, and to declare an emergency.".

On page 1, delete lines 2 and 3.

Respectfully submitted,        Respectfully submitted,
Steven Haugaard            Brock Greenfield
House Committee Chair        Senate Committee Chair

REPORTS OF JOINT-SELECT COMMITTEES

    Sen. Maher moved that the Report of the Joint Select Committee on Joint Rules as found on page 710 of the Senate Journal be returned to the Committee.

    Which motion prevailed.

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MR. PRESIDENT:

    Your Joint-Select Committee appointed on joint rules respectfully reports that it has had under consideration the joint rules and recommends that the joint rules of the Ninety-third Legislative Session be adopted as the joint rules of the Ninety-fourth Legislative Session with the following changes:

Amend Chapter 1B of the Joint Rules as follows:

1B-3. Professional conduct and civility. The South Dakota Legislature will strengthen and sustain an atmosphere of professional conduct and civility among its members and with all staff and will not tolerate harassment or offensive behavior based on race, color, religion, national origin, gender, age, or disability. Harassing or offensive behavior may include the use of electronic communications through social media or otherwise, whether actual or attempted. Legislators must refrain from any and all such harassment or offensive conduct. This prohibition against harassment also encompasses sexual harassment including unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexually harassing nature, when: (1) submission to the harassment is made either explicitly or implicitly a term or condition of employment or other employment determinations, or (2) the harassment has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

Amend Chapter 6 of the Joint Rules as follows:

6A-1. Legislative Documents. Only bills and the following may be introduced in the Legislature:

    (1) A House or Senate resolution pertains to the affairs of one house only and requires action only by the legislative chamber concerned. A House or Senate resolution may be used to express an opinion or principle of one house, to express an opinion to or request of the other house, to regulate procedure, or to refer the subject matter of bills to the Legislative Research Council;

    (2) A concurrent resolution expresses the opinion or a principle of the Legislature not having the force of law. A concurrent resolution shall only be used to authorize interim studies, joint rules, sessions or committees, to instruct a department of state government, or to petition federal agencies;

    (3) A joint resolution contains matters of legislation only. A joint resolution may be used to refer a matter for referendum to the people, to place a constitutional amendment on the ballot at the next general election, to ratify proposed amendments to the United States Constitution, to enact legislative reapportionment, or to grant a water right pursuant to
    § 46-5-20.1;

    (4) A House or Senate resolution of disapproval as provided under Article IV, Section 8, of the South Dakota Constitution;

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    (5) A legislative commemoration expresses recognition of service or achievements of national or statewide importance or expresses sorrow over death or less.

6A-4. Bills at the request of the Governor, executive agencies, and the Chief Justice. A bill introduced at the request of the Governor, Chief Justice of the Supreme Court, a department, board, commission, or any other agency of state government, shall indicate in the title on the bill at whose request such bill is being introduced.

6E-2. Hoghouse Amendments. Any substitute bill shall be treated as an amendment and shall be governed by the rules governing amendments. Final committee action on any bill so amended may not be heard until one legislative day has intervened, if a request for delay is made and supported by at least one-fifth of the committee members-elect. However, no such request is in order on the final day for the committee to act upon the bill, according to the committee's schedule.

Amend Chapter 7 of the Joint Rules as follows:

7-1.4. Posting of agendas. Agendas of the bills, resolutions, and other proposals to be considered at any meeting of a standing committee or subcommittee shall be posted on the bulletin board of the respective house. At least one legislative day shall intervene between the date of posting and the date of consideration. An agenda must be posted by 5 p.m. in order to allow for an intervening legislative day. However, if a day of legislative recess intervenes between the date of posting and the date of consideration, the requirement of posting is fulfilled if posting is made by 5 p.m. on the day before the legislative recess. This rule does not apply to consideration of a bill or resolution for which action is required pursuant to Joint Rule 7-7.

7-7. Demand for delivery of a bill or resolution to house - “Smoke-out.” Each house may by motion order its committee to deliver a bill or resolution under its consideration to that house, if no more than three legislative days have passed since the committee reported that the bill or resolution was tabled or deferred to the 41^st legislative day. If the motion is supported by the vote of one-third or more of the members-elect, the committee shall, not later than the next legislative day, deliver the bill or resolution to the house with or without recommendation. The bill or resolution shall be delivered to the house in the same form as it was when it was tabled or deferred to a nonexistent the 41^st legislative day by the committee.

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Amend Chapter 17 of the Joint Rules as follows:

Chapter 17. Legislative Deadlines

Legislative Deadlines
Legislative Action	40 Day Session
A. Last day for unlimited introduction of individual bills and joint resolutions1	12th Day
B. Last day for introduction of individual bills and joint resolutions1	15th Day
C. Last day for introduction of committee bills and joint resolutions1	16th Day
D. Last day upon which Joint Rule 5-17 can be invoked on a bill or resolution in either house	26th Day
E. Last day to move required delivery of bills or joint resolutions by a committee to the house of origin	28th Day
F. Last day to pass bills or joint resolutions by the house of origin and to introduce concurrent resolutions	29th Day
G. Last day for introduction of commemorations	33rd Day
H. During the seven final legislative days motions to reconsider and reconsideration being made upon the same day (any time before adjournment)	34th Day on
I. Last day to move required delivery of bills or joint resolutions by a committee to the second house	35th Day
J. Last day for a bill or joint resolution to pass both houses	36th Day
K. Two days preceding the last two days of a legislative session shall be reserved for concurrences or action upon conference committee reports	37th Day 38th Day
K. L. The last day of a legislative session is reserved for the consideration of vetoes	40th Day
1 Bills and joint resolutions must be submitted to the Legislative Research Council at least 48 hours prior to this deadline, pursuant to Joint Rule 6A-5.

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17-1. Exceptions to deadlines for appropriation bills. Any general appropriation bill and any bill that adjusts school district property tax levies pursuant to an appropriation bill is not subject to the legislative deadlines of C, E, F, I, and J, and K, in this chapter, except that the general appropriation bill requested by the Governor shall be subject to legislative deadline C.

Any appropriation bill that is not a general appropriation bill, which is referred to or reported to the floor by the House Appropriations, the Senate Appropriations or the Joint Committee on Appropriations, is subject to the following legislative deadlines, in lieu of the legislative deadlines of E and F, in this chapter:

    (1) Last day to move required delivery of bills by a committee to the house of origin:
        31^st Day;

    (2) Last day to pass bills by the house of origin: 32^nd Day.

Respectfully Submitted,        Respectfully Submitted,
G. Mark Mickelson            Brock L. Greenfield
Lee Qualm                R. Blake Curd
Spencer Hawley            Jason E. Frerichs
House Committee            Senate Committee

Also MR. PRESIDENT:

    Your Joint-Select Committee appointed to make arrangements for legislative days respectfully reports that we recommend the days of the Ninety-fourth Legislative Session be adopted as shown below:

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Respectfully submitted,    Respectfully submitted,
Larry Rhoden    Brock L. Greenfield
Arch Beal    R. Blake Curd
Susan Wismer    Billie Sutton
House Committee    Senate Committee

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