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Senate Journal 1/19/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 19, 2017

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

    The prayer was offered by the Chaplain, Pastor Josh Baumann, followed by the Pledge of Allegiance led by Senate page Caroline Moriarty.

    Roll Call: All members present except Sens. Curd and Tapio who were 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 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.
COMMUNICATIONS AND PETITIONS

January 18, 2017

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

RE:    Myron L. Rau/ Board of Pardons and Parole Attorney General Appointment

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 24-13 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Myron L. Rau to the South Dakota Board of Pardons and Parole.

    Enclosed is a copy of the following:

        1.    The Statement of Financial Interest
        2.    Senate Confirmation Information
        3.    Oath
        4.    The January 10, 2017, letter of appointment

    This appointment is effective January 17, 2017, and shall continue until January 18, 2021.

Thank you.

Sincerely,
Marty J. Jackley
Attorney General

    The President announced the referral of the appointment to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Robert Faehn of Codington County, Watertown, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.



Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Dave Mickelson of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Reed Kessler of Brown County, Aberdeen, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Joseph F. Kafka of Minnehaha County, Valley Springs, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Tom Jones of Turner County, Viborg, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Sharon L. Casey of Brule County, Chamberlain, South Dakota, to the Board of Economic Development and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar

Respectfully submitted,
Phil Jensen, Chair


Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 24 and 27 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 26 and 29 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 Judiciary respectfully reports that it has had under consideration the nomination of Paige W. Bock, to the South Dakota Board of Pardons and Parole and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Brian Zeeb, to the South Dakota Interstate Commission for Adult Offender Supervision and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 30 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 SB 31 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Bolin, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1022, 1025, 1028, 1033, and 1041 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk


MOTIONS AND RESOLUTIONS

    Sen. Soholt moved that SB 43 be referred from the Committee on Health and Human Services to the Joint Committee on Appropriations

    Which motion prevailed.

    Sen. Maher moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Friday, January 20th, the 8th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF SELECT COMMITTEES

    Sen. Maher moved that the report of the Select Committee relative to the senate rules for the Ninety-second Legislative Session as found on page 122 of the Senate Journal be adopted.

    The question being on Sen. Maher's motion that the report of the Select Committee relative to the senate rules for the Ninety-second Legislative Session be adopted.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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


    Nays:
Nelson

    Excused:
Curd; Tapio

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

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Maher moved that the reports of the Standing Committee on

    Health and Human Services on SB 1 as found on page 121 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Scott Stern to the position of Commissioner of the Governor's Office of Economic Development.

    The question being “Does the Senate advise and consent to the executive appointment of Scott Stern pursuant to the executive message as found on page 54 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

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


    The Senate proceeded to the consideration of the executive appointment of Steven R. Kalkman 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 appointment of Steven R. Kalkman pursuant to the executive message as found on page 36 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 63 Introduced by: Senator White and Representative Haggar at the request of the Executive Board of the Legislative Research Council

    FOR AN ACT ENTITLED, An Act to eliminate the postage administration fund and deposit fees to the general fund.

    Was read the first time and referred to the Senate Committee on Appropriations

    SB 64 Introduced by: Senators Rusch, Bolin, Ewing, Frerichs, Kennedy, Maher, Netherton, Partridge, Solano, and Wiik and Representatives Ring, Duvall, Haugaard, Hawley, McCleerey, Rasmussen, Reed, Tieszen, Wismer, and York

    FOR AN ACT ENTITLED, An Act to define the term of a vacancy appointment for water development district directors.

    Was read the first time and referred to the Committee on Local Government.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1022: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions relating to education service agencies.

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

    HB 1025: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background checks for applicants, licensees, vendors, and employees of the South Dakota Lottery.

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

    HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the interception of certain communications.

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

    HB 1033: FOR AN ACT ENTITLED, An Act to authorize criminal background checks for certain executive branch employees and state contractors and subcontractors.

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

    HB 1041: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substance schedules and to declare an emergency.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Patricia Lebrun of Pennington County, Rapid City, South Dakota , to the South Dakota Science and Technology Authority.

    The question being “Does the Senate advise and consent to the executive reappointment of Patricia Lebrun pursuant to the executive message as found on page 30 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0



    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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 Paul R. Christen of Beadle County, Huron, South Dakota , to the South Dakota Science and Technology Authority.

    The question being “Does the Senate advise and consent to the executive reappointment of Paul R. Christen pursuant to the executive message as found on page 30 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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

    SB 39: FOR AN ACT ENTITLED, An Act to allow owners to affix vehicle identification numbers on certain trailers.

    Was read the second time.

    The question being “Shall SB 39 pass?”


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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.

    SB 41: FOR AN ACT ENTITLED, An Act to revise certain electronic driver license reinstatement requirements.

    Was read the second time.

    The question being “Shall SB 41 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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.

    SB 45: FOR AN ACT ENTITLED, An Act to remove an outdated reference from the definition of an accredited prevention or treatment facility.

    Was read the second time.

    The question being “Shall SB 45 pass?”


    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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.

    President Pro Tempore Greenfield now presiding.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 22: FOR AN ACT ENTITLED, An Act to exempt certain unmanned aircraft systems from the requirement to be registered as aircraft.

    Was read the second time.

    The question being “Shall SB 22 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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.


    SB 40: FOR AN ACT ENTITLED, An Act to revise the start date of driver license suspension, revocation, and disqualification periods.

    Was read the second time.

    The question being “Shall SB 40 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    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; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Tapio

    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.

    SB 23: FOR AN ACT ENTITLED, An Act to revise the authority of the Transportation Commission to make loans from the state highway fund to local governments for highway and bridge construction and maintenance purposes.

    Was read the second time.

    The question being “Shall SB 23 pass?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Nelson

    Excused:
Curd; Tapio


    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.

    SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions related to securities held as unclaimed property and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 34 pass?”

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Curd; 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.

    Sen. Maher moved that the balance of the calendar including SB 4 and 44 be deferred to January 20th, the 8th legislative day.

    Which motion prevailed.

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Mike Jaspers of Minnehaha County, Sioux Falls,

South Dakota, to the position of Secretary of Agriculture and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 9 and 10 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

    Sen. Bolin moved that the Senate do now adjourn, which motion prevailed and at 2:50 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, as found on page 42 of the Senate Journal, the Senate and the House of Representatives met in informal joint session in the House Chamber for the purpose of having a memorial service for deceased former members and reading of the following Joint Memorial Resolution:

    WHEREAS, the Great Ruler of the Universe has ordered a final adjournment in the lives of sixteen former members of the South Dakota Legislature, namely: the Honorable Ervin H. Bader; the Honorable Mary McClure Bibby; the Honorable Roland A. Chicoine; the Honorable Dan Dryden; the Honorable James B. "Jim" Dunn; the Honorable Robert Duxbury; the Honorable Elaine Elliott; the Honorable Lowdon Heller; the Honorable William J. "Bill" Johnson; the Honorable Jacob J. "Jake" Krull; the Honorable Glen McVay; the Honorable Dean O. Mehlhaff; the Honorable William "Bill" Meyers; the Honorable Robert "Bob" Roe; the Honorable Bob Sivertson; and the Honorable Richard "Dick" Waddell; and

    WHEREAS, in the lives of all these eminent public servants there was noted a profound urgency in an unselfish manner, with trials and vicissitudes often far outweighing honors, but with a consciousness that here in a land of freedom the dignity of the individual is supreme, that justice must be dispensed, and that only by eternal vigilance and unrelenting effort can self-government of a people be preserved; and

    WHEREAS, it is fitting that we humbly honor the memory of those who have thus contributed to the orderly process of government under the Constitution:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate and the House of Representatives of the Ninety-second Session of the Legislature of the State of South Dakota

duly convened in recess session in recognition of the useful lives and unfailing devotion to the interests of the State of South Dakota, as well as the rectitude of thought and action and fidelity to the highest principles of American citizenship by these honorable people, that the Senate and the House of Representatives do now pause in their labors out of respect for the memory of their late fellow associates in the functions of government, and note that in their passing, the state they have served so well has suffered a distinct loss, and though their labors have ceased and they have been laid to rest, the people of this great state have benefited greatly from the services rendered by them and they have left upon the sands of time an inspiring record of devotion to their fellow citizens under the guiding hand of Almighty God; and

    BE IT FURTHER RESOLVED, that this Resolution be printed in the journals of the Senate and the House of Representatives of the Ninety-second Session of the Legislature of the State of South Dakota, now assembled this 19th day of January, 2017, at Pierre, South Dakota.


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