Senate Journal 3/9/2018 11:00 AM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

THIRTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, March 9, 2018

The Senate convened at 11:00 a.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Jarvis Wipf, followed by the Pledge of Allegiance led by Senate pages Sydnee Winter and Lyric Gruenhagen.

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-sixth 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 the Office of Engrossing and Enrolling has carefully compared SB 77 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 8, 65, 68, 76, 81, 91, 98, 100, 128, 137, 146, 155, 156, 166, 169, 173, 178, 187, and 204 were delivered to his Excellency, the Governor, for his approval at 8:15 a.m., March 9, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

cc125b

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:

125de

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

125di

On page 1, after line 13 of the House engrossed bill, insert:

"Section 2. That chapter 2-6 be amended by adding a NEW SECTION to read:

Before a subpoena may be issued by the Government Operations and Audit Committee, the committee shall determine that:

(1) A legislative purpose exists pursuant to §§ 2-6-2 and 2-6-4;

(2) The subpoenaed person or documents are relevant and material to accomplish the legislative purpose; and

(3) The information sought is not otherwise practically available.

It is not a legislative purpose to subpoena a person or documents to collect information that may be used for a criminal proceeding or to legislatively determine guilt or inflict punishment upon an identifiable person.".

Respectfully submitted,        Respectfully submitted,
Jean Hunhoff                Justin Cronin
House Committee Chair        Senate Committee Chair

cc1045a

Also MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered HB 1045 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1045 be amended as follows:

1045za

On page 1, line 4, of the printed bill, delete everything after "of" and insert "five million eight hundred fifty-five thousand seven hundred ten dollars ($5,855,710)".

On page 1, line 5, delete everything before "from" .

Respectfully submitted,        Respectfully submitted,
David Anderson            Larry Tidemann
House Committee Chair        Senate Committee Chair

SIGNING OF BILLS

The President publicly read the title to

SB 46: FOR AN ACT ENTITLED, An Act to require school districts to adopt a policy limiting the use of restraint and seclusion.

SB 62: FOR AN ACT ENTITLED, An Act to provide for the notification related to a breach of certain data and to provide a penalty therefor.

SB 77: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding information provided to ballot question committees.

SB 183: FOR AN ACT ENTITLED, An Act to provide funds to the precision agriculture fund by revising the allocation of petroleum release compensation and inspection fee revenues and online lottery revenues and to repeal the ethanol fuel fund.

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance requirements.

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

HB 1053: FOR AN ACT ENTITLED, An Act to provide certain earned discharge credits for inmates.

HB 1083: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permits to carry a concealed pistol and to declare an emergency.

HB 1109: FOR AN ACT ENTITLED, An Act to provide for parole eligibility for certain inmates.

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

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

HB 1140: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding access to public water.

HB 1160: FOR AN ACT ENTITLED, An Act to transfer victim services from the Department of Social Services to the Department of Public Safety, to increase a surcharge to increase revenues to the crime victims' compensation fund, and to revise certain provisions regarding the awarding of claims from the fund.

HB 1162: FOR AN ACT ENTITLED, An Act to provide for the placement of a proposed constitutional amendment on the ballot at a special election held at the same time as the next primary election, to make an appropriation therefor, and to declare an emergency.

HB 1166: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding waivers recommended by the School Finance Accountability Board.

HB 1172: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding meetings of certain public bodies.

HB 1196: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding verification of residency of petition circulators.

HB 1209: FOR AN ACT ENTITLED, An Act to require a National Instant Criminal Background Check for certain concealed carry permits.

HB 1215: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding reorganization of certain school districts with low enrollment.

HB 1252: FOR AN ACT ENTITLED, An Act to prohibit certain government entities from restricting the wearing of tribal regalia during certain events.

HB 1257: FOR AN ACT ENTITLED, An Act to designate certain highways by townships and counties as no maintenance highways.

HB 1293: FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults committed against firefighters, ambulance service, or health care facility personnel while engaged in the performance of their duties.

HB 1297: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding capital outlay obligations.

HB 1311: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding legislator salaries.

HB 1313: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of certain alcoholic beverage manufacturers.

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next election a Constitutional amendment to revise certain provisions relating to the rights of crime victims.

HJR 1006: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

And signed the same in the presence of the Senate.

Sen. Cronin moved that the Senate do now recess until 2:00 p.m., which motion prevailed and at 11:30 a.m., the Senate recessed.

RECESS

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

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

REPORTS OF STANDING COMMITTEES

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 46, 62, 77, and 183 were delivered to his Excellency, the Governor, for his approval at 1:40 p.m., March 9, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

REPORTS OF CONFERENCE COMMITTEES

cc63a

MR. PRESIDENT:

The Conference Committee respectfully reports that it has considered SB 63 and the amendments thereto made by the House, and the disagreement of the two houses thereon, and recommends that SB 63 be amended as follows:

63we

On page 2 of the House Judiciary Committee engrossed bill, delete lines 23 and 24, and insert:

" Section 2. That the code be amended by adding a NEW SECTION to read:

For any offense under section 1 of this Act or § 22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B, the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that:

(1) The defendant does not have a prior conviction for a crime of violence as defined under subdivision 22-1-2(9);

(2) The defendant did not use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;

(3) The defendant did not induce another participant to use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;

(4) The defendant was not an organizer, leader, manager, or supervisor of any other participant in connection with the offense;

(5) The defendant truthfully provided to the state any information and evidence in connection with any offense that was part of the same course of conduct or of a common scheme or plan. The defendant shall provide any information before the time of sentencing, but if the defendant provides no relevant or useful information or if the state was previously aware of the information, the court may determine that the defendant has complied with the finding under this subdivision; and

(6) The offense did not result in death or serious bodily injury to any person.".

Delete page 3.

63jta

On page 1, line 2, of the House Judiciary Committee engrossed bill, after "thereof" insert "and revise certain sentencing criteria for methamphetamine and opioids".

Respectfully submitted,        Respectfully submitted,
Timothy Johns            Lance Russell
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 adopted the reports of the Conference Committees on HB 1045 and SB 125 and 63.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1044 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, 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 wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Mickelson, Qualm, 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 pertaining to fixing the time of adjournment sine die for the Ninety-third Legislative Session.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Greenfield (Brock) moved that the rules be suspended for the sole purpose of placing HC 1028 on today's calendar.

The question being on Sen. Greenfield (Brock)'s motion that the rules be suspended for the sole purpose of placing HC 1028 on today's calendar.

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

SENATE PAGE RESOLUTION 5 Introduced by: Senators 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-third Legislature of the State of South Dakota to Sarah Cook, Jonathon Freeman, Haley Gearhart, Lyric Gruenhagen, Danielle Houghtaling, Khalid Hussein, Anneliese Taggart, Sydnee Winter.

WHEREAS, the above named served loyally as pages for the Senate of the Ninety-third Legislative Session; and

WHEREAS, the members of the Ninety-third Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-third Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Greenfield (Brock) moved that Senate Page Resolution 5 be adopted.

The question being on Sen. Greenfield (Brock)'s motion that Senate Page Resolution 5 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

The Senate recognized J. Michael Bertsch, Jacob Carsten, Abbey Farley, Caleb Finck, P.J. Freidel, Emily Johnson, Mary Merxbauer, Jamie Mundwiler, Bryton Syverson, and Tyler Wenande who served the Ninety-third Legislature as Legislative Interns for the Senate.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 10:00 am on Monday, March 26^th, the thirty-eighth legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF CONFERENCE COMMITTEES

Sen. Cronin moved that the report of the Conference Committee on SB 125 as found on page 776 of the Senate Journal be adopted.

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 776 of the Senate Journal and do not appoint a new committee.

Sen. Greenfield (Brock) moved the previous question.

Which motion prevailed.

The question being on Sen. Heinert'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 17, Nays 18, Excused 0, Absent 0

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

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Haverly; Langer; 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. Greenfield (Brock) moved the previous question.

Which motion prevailed.

The question being on Sen. Cronin's motion that the report of the Conference Committee on SB 125 be adopted.

And the roll being called:

Yeas 19, Nays 16, Excused 0, Absent 0

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

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

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 63 as found on page 780 of the Senate Journal be adopted.

The question being on Sen. Russell's motion that the report of the Conference Committee on SB 63 be adopted.

And the roll being called:

Yeas 26, Nays 9, Excused 0, Absent 0

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

Nays:
Cronin; Haverly; Heinert; Kennedy; Killer; Langer; Nesiba; Partridge; Peters

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. Tidemann moved that the report of the Conference Committee on HB 1045 as found on page 777 of the Senate Journal be adopted.

The question being on Sen. Tidemann's motion that the report of the Conference Committee on HB 1045 be adopted.

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Nelson; 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 report was adopted.

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

Sen. Curd moved that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-fourth Legislative Session as found on page 768 of the Senate Journal be adopted.

The question being on Sen. Curd's motion that the report of the Joint-Select Committee relative to making arrangements for the legislative days for the Ninety-fourth Legislative Session be adopted.

And the roll being called:

Yeas 24, Nays 11, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Langer; Maher; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Stalzer; Tapio; Tidemann; Wiik

Nays:
Curd; Ewing; Kolbeck; Monroe; Nelson; Partridge; Soholt; Solano; Sutton; White; Youngberg

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

Sen. Curd moved that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-fourth Legislative Session as found on page 764 of the Senate Journal be adopted.

The question being on Sen. Curd's motion that the report of the Joint-Select Committee relative to the Joint Rules for the Ninety-fourth Legislative Session be adopted.

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

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

Nays:
Jensen (Phil); Killer; Klumb; Kolbeck; Nelson; Russell

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1044: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2018.

Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed HB 1044 on today's calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1044: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2018.

Was read the second time.

The question being "Shall HB 1044 pass as amended?"

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

Nays:
Jensen (Phil); Nelson; Russell; Tapio

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.

SIGNING OF BILLS

The President publicly read the title to

SB 63: FOR AN ACT ENTITLED, An Act to revise certain prohibitions regarding methamphetamines and to create a mandatory penalty for a violation thereof and revise certain sentencing criteria for methamphetamine and opioids.

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

HB 1056: FOR AN ACT ENTITLED, An Act to revise certain property tax levies for the general fund of school districts and to revise the state aid to education formula.

HB 1264: FOR AN ACT ENTITLED, An Act to authorize the construction of the precision agriculture building and certain renovations at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

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

HB 1286: FOR AN ACT ENTITLED, An Act to authorize certain political parties to be classified under alternative political status, to revise certain provisions regarding nominating petitions, and to declare an emergency.

And signed the same in the presence of the Senate.

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 63 and 125 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1320 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1320: FOR AN ACT ENTITLED, An Act to appropriate money for the ordinary expenses of the legislative, judicial, and executive departments of the state, the expenses of state institutions, interest on the public debt, and for common schools.

Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed HB 1320 on today's calendar.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

Was read the second time.

The question being "Shall HB 1320 pass?"

And the roll being called:

Yeas 32, Nays 3, Excused 0, Absent 0

Nays:
Jensen (Phil); Nelson; Russell

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.

SIGNING OF BILLS

The President publicly read the title to

HB 1044: FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2018.

HB 1045: FOR AN ACT ENTITLED, An Act to transfer funds from the budget reserve fund to support state aid to education and to declare an emergency.

And signed the same in the presence of the Senate.

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 SB 63 and 125 were delivered to his Excellency, the Governor, for his approval at 4:30 p.m., March 9, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

Sen. Sutton moved that the Senate do now adjourn, which motion prevailed and at 4:29 p.m. the Senate adjourned.

Kay Johnson, Secretary