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Senate Journal 2/2/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




FIFTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 2, 2017

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

    The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by Senate page Madison Russell.

    Roll Call: All members present except Sen. Peters who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the fourteenth 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

DISSENT AND PROTEST TO PASSAGE OF HB 1069

To the President:

    Senators Billie Sutton, Troy Heinert, and Jason Frerichs, pursuant to Joint Rule 1-10, wish respectfully to dissent and protest the passage of HB 1069.

    Joint Rule lB-2 states the legislators must comply with all Constitutional and statutory requirements regarding conflicts of interest. Voting upon HB 1069 presents a conflict of interest because the legislators currently in litigation against the implementation of Initiated Measure 22 would thereby receive a pecuniary interest due to the passage of HB 1069. Thus, they will no longer have to pay to continue the lawsuit and will thus receive a financial benefit with the repeal of IM 22.

    In addition, the South Dakota Constitution, Article III, Section 1 has been used by the courts as the standard to determine when an emergency exists. Article III, Section 1 of the South Dakota Constitution allows a referral of a legislative act to a public vote before going into effect unless it is necessary for the immediate preservation of the public peace, health, or safety or the act is necessary for the support of the state government and its existing institutions. Since this law is enjoined we contend that no emergency exists, and the use of the Emergency Clause is unconstitutional in HB 1069. We therefore believe the passage of this act is in contravention of the Constitution of South Dakota and the Joint Rules and is such null and void.

We respectfully request this dissent be printed in the Senate Journal.

Respectfully submitted,
Senate Minority Leader Billie Sutton
Senate Assistant Minority Leader Troy Heinert
Senate Minority Whip Jason Frerichs

February 2, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 1, 2017, I approved Senate Bills 8 and 16, 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 Judiciary respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1021 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 125 and HB 1022 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1009 and 1039 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 66 and returns the same with the recommendation that said bill be amended as follows:


66fb

    On page 2, line 15, of the printed bill, delete "six" and insert "four".

    And that as so amended said bill do pass.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1046 and 1051 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 88 and HB 1011 and 1012 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of Cheryl Bogue of Ziebach County, Faith, 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, and that said appointment be placed on the consent calendar

Respectfully submitted,
Phil Jensen, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1070, 1031, and 1027 which have passed the House and your favorable consideration is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

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

    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.

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

    HB 1049: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding good cause for voluntarily leaving employment and to declare an emergency.

    HB 1069: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to campaign finance and to declare an emergency.

    And signed the same in the presence of the Senate.

MOTIONS AND RESOLUTIONS

    SCR 10 Introduced by: Senators Killer and Heinert and Representatives Lesmeister and Bordeaux

        A CONCURRENT RESOLUTION, Recognizing South Dakota's need to protect and preserve the clean waters of the Missouri River and expressing opposition to the Dakota Access Pipeline.

    WHEREAS, the Missouri River is the lifeblood of the State of South Dakota, providing fresh potable water for dozens of rural water systems and municipalities within the state; and

    WHEREAS, from these water systems, tens of thousands of South Dakotans and hundreds of thousands of domestic livestock and wildlife receive their life-sustaining clean water; and

    WHEREAS, the Missouri River is also the foundation of a thriving outdoor recreational economy for the state, providing a haven for abundant fish and wildlife resources that attract fisherman and hunters from throughout the country; and

    WHEREAS, the Missouri River is one of the last pristine bodies of water in the United States, serving as a testament to a strong state environmental policy that preserves and protects clean, fresh water; and

    WHEREAS, with the proposal of the Dakota Access Pipeline, the increasing hunger for the fossil fuels being extracted in western North Dakota is now encroaching into South Dakota's Missouri River water supply; and

    WHEREAS, the Dakota Access Pipeline, if built, would cross the Missouri River at Lake Oahe less than forty miles from South Dakota's northern border; and

    WHEREAS, the pipeline, as proposed, would be the longest crude oil pipeline ever built under a freshwater body in the world; and

    WHEREAS, in order to lay a pipeline such as the one proposed under the Missouri River at Lake Oahe, the contractor must ream out a 48-inch hole down vertically for 92 feet, then horizontally for approximately 1.5 miles, and then pull a 30-inch diameter pipe around two corners (at the entry and exit points) and all the way through the bore hole; and

    WHEREAS, by its very nature, this process creates a real risk of stress fractures on the pipe under the surface of the earth because the 7,800 feet of steel pipeline will literally be stretched like an elastic rubber band; and

    WHEREAS, it is inevitable that some of this pipeline will be damaged, which means that damaged pipeline will be installed 92 feet under the fresh waters of the Missouri River at Lake Oahe; and

    WHEREAS, once installed, and despite the use of best available technology, it will be nearly impossible to detect or remedy a leak from the damaged pipe; and

    WHEREAS, subsurface pipeline leaks 92 feet under the bed of the Missouri River would be complicated if not impossible to clean up and would likely have significant impacts on the soils and on the Hall Creek and Fox Hills aquifers underlying Lake Oahe; and

    WHEREAS, because of the costs and effort that would be needed to repair or replace a ruptured or damaged pipeline section, it is likely that any spill would be allowed to remain, and the pipeline would simply be abandoned in place, leaving any remaining crude oil to leak into the pristine waters of Lake Oahe on the Missouri River; and

    WHEREAS, Lake Oahe on the Missouri River has a freshwater treatment plant, but the plant has no ability to treat benzene originated from a crude oil spill; and

    WHEREAS, over the last twenty years, (1995-2014) there were 10,884 pipeline incidents in the United States, or an average of 1.5 incidents per day. This included 5,599 "significant"

pipeline incidents or leaks, which equals two serious events every three days. Based on historical facts, the likelihood of the Dakota Access Pipeline rupturing sometime in the future is almost certain; and

    WHEREAS, any leakage of crude oil into a large body of water such as the Missouri River and its underlying soils and aquifers would have catastrophic effects on the nature and environment downstream from the spill, including human consumption, agricultural use, domestic and wildlife animal consumption, and recreational use:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature recognizes the entire state's dependence on the Missouri River for clean drinking water, for the economic benefits of its recreational use, and for the healthy natural ecosystem it supports; and

    BE IT FURTHER RESOLVED, that the Legislature needs to ensure that the waters of the Missouri forever remain pristine and free from pollutants, including those that may happen upstream in other states; and

    BE IT FURTHER RESOLVED, that because of the threat to the Missouri River posed by the construction and operation of one of the largest and longest crude oil pipelines under a fresh water body in the world, the Legislature hereby declares its opposition to the Dakota Access Pipeline; and

    BE IT FURTHER RESOLVED, that the secretary of state transmit duly authenticated copies of this resolution to the speaker and clerk of the United States House of Representatives, to the president pro tempore and secretary of the United States Senate, and to the members of the South Dakota Congressional delegation.

    Was read the first time and referred to the Committee on State Affairs.

    HCR 1002: A CONCURRENT RESOLUTION, Urging an external audit of the Indian Health Service by an act of Congress.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1002 on the calendar of Friday, February 3rd, the 16th legislative day.

    Sen. Greenfield (Brock) moved that SB 147 be referred from the Senate Committee on Appropriations to the Committee on Health and Human Services.

    Which motion prevailed.

    Sen. Curd moved that SB 82 be deferred to Monday, February 6th, the 17th legislative day.

    Which motion prevailed.



    Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 3rd, the 16th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

    Sen. Curd moved that the report of the Standing Committee on

    Health and Human Services on SB 102 as found on page 247 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 167 Introduced by: Senators Jensen (Phil) and Tapio and Representatives Jensen (Kevin), Brunner, Frye-Mueller, Gosch, Greenfield (Lana), Howard, Kaiser, Livermont, Marty, and Zikmund

    FOR AN ACT ENTITLED, An Act to require the guardian or conservator of a protected person to provide certain notices.

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

    SB 168 Introduced by: Senators Jensen (Phil), Nelson, Russell, and Stalzer and Representatives Haugaard, Dennert, Frye-Mueller, Gosch, Howard, and Schoenfish

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to a durable power of attorney and the appointment of a guardian or conservator.

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

    SB 169 Introduced by: Senators Novstrup and Greenfield (Brock) and Representative Greenfield (Lana)

    FOR AN ACT ENTITLED, An Act to impose a statewide property tax for purpose of providing funds to increase certain employee wages employed by community support providers and nursing facilities.

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



    SB 170 Introduced by: Senators Klumb, Cronin, Frerichs, Haverly, Kolbeck, Netherton, and Youngberg and Representatives Peterson (Kent), Brunner, Chase, Glanzer, Greenfield (Lana), McCleerey, Otten (Herman), and Qualm

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the maximum width restriction for farm implements operated on a public highway

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

    SB 171 Introduced by: Senators Greenfield (Brock), Curd, Ewing, Frerichs, Heinert, Kennedy, Killer, Langer, Maher, Nelson, Nesiba, Otten (Ernie), Partridge, Peters, and Sutton and Representatives Bartling, Ahlers, Glanzer, Gosch, Greenfield (Lana), Haggar, Lust, McCleerey, Mickelson, Peterson (Kent), Peterson (Sue), Qualm, Rhoden, Rounds, and York

    FOR AN ACT ENTITLED, An Act to establish the Government Accountability Task Force to study government, campaign finance, lobbyist restrictions, and ethics and to declare an emergency.

    Was read the first time and referred to the Committee on State Affairs.

    SB 172 Introduced by: The Committee on Appropriations at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority to provide for the construction of and improvements to the State Animal Disease Research and Diagnostic Laboratory and infrastructure at South Dakota State University, to increase and establish certain agricultural fees, to transfer certain funds, to make an appropriation, and to declare an emergency.

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

    SB 173 Introduced by: Senator Sutton and Representative Hawley

    FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the use of contributions received by a candidate campaign committee.

    Was read the first time and referred to the Committee on State Affairs.


    SB 174 Introduced by: Senators Frerichs, Heinert, Klumb, Maher, Nelson, and Youngberg and Representatives Pischke, Bartling, Brunner, Dennert, Gosch, Lesmeister, and Schoenfish

    FOR AN ACT ENTITLED, An Act to revise certain provisions limiting the issuance of certain licenses and permits if a debt is being collected by the obligation recovery center.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1027: FOR AN ACT ENTITLED, An Act to allow two-wheeled off-road vehicles that meet certain requirements to be registered and licensed.

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

    HB 1031: FOR AN ACT ENTITLED, An Act to revise certain restrictions regarding division directors of the Department of Revenue.

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

    HB 1070: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensure of physical therapists and physical therapist assistants.

    Was read the first time and referred to the Committee on Health and Human Services.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 68: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage sampling provisions.

    Was read the second time.

    The question being “Shall SB 68 pass as amended?”

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

    Excused:
Peters

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the salary of the executive director of the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall HB 1019 pass?”

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

    Excused:
Peters

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Fair Commission and the administration of the fairgrounds and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 11 pass as amended?”

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

    Excused:
Peters

    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.

    SB 73: FOR AN ACT ENTITLED, An Act to provide a special tribal veteran license plate for certain motor vehicles.

    Was read the second time.

    The question being “Shall SB 73 pass?”

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

    Excused:
Peters

    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 79: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of motorcycle license plates.

    Was read the second time.

    The question being “Shall SB 79 pass?”

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

    Excused:
Peters

    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 71: FOR AN ACT ENTITLED, An Act to revise certain provisions of the reinvestment payment program.

    Was read the second time.

    The question being “Shall SB 71 pass?”

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

    Excused:
Peters

    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 86: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deposit of county funds.

    Was read the second time.

    The question being “Shall SB 86 pass?”

    And the roll being called:


    Yeas 33, Nays 1, Excused 1, Absent 0

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

    Nays:
Sutton

    Excused:
Peters

    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 83: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the criteria for informal adjustment for any apparent child in need of supervision.

    Was read the second time.

    The question being “Shall SB 83 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Langer; Peters

    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 27: FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor.

    Having had its second reading was up for consideration and final passage.


    Sen. Curd moved that Sen. Rusch's pending motion to amend SB 27 as found on page 191 of the Senate Journal be laid on the table.

    Which motion prevailed.

27ka

    Sen. Rusch moved that SB 27 be amended as follows:

    On page 1 of the printed bill, delete line 10.

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

    On page 1, line 12, delete "misappropriates" and insert "illegally uses".

    Which motion prevailed.

    The question being “Shall SB 27 pass as amended?”

    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; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Langer; Peters

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1016: FOR AN ACT ENTITLED, An Act to revise the methodology for calculating the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting conditions, and to provide uniform terminology.

    Was read the second time.

    The question being “Shall HB 1016 pass?”



    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

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

    Nays:
Nesiba; Sutton

    Excused:
Langer; Peters

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    HB 1017: FOR AN ACT ENTITLED, An Act to revise the definition of compensation for purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting compensation, and to update references to the Internal Revenue Code.

    Was read the second time.

    The question being “Shall HB 1017 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Langer; Peters

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.


    HB 1018: FOR AN ACT ENTITLED, An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System.

    Was read the second time.

    The question being “Shall HB 1018 pass?”

    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; Maher; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Monroe

    Excused:
Langer; Peters

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    HB 1008: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved real property on behalf of South Dakota State University and to make an appropriation therefor.

    Was read the second time.

    The question being “Shall HB 1008 pass?”

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

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

    Nays:
Maher; Nelson; Russell


    Excused:
Langer; Peters

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

    HB 1042: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain health care professionals who have complied with the requirements of the recruitment assistance program or the rural health care facility recruitment assistance program and to declare an emergency.

    Was read the second time.

    The question being “Shall HB 1042 pass as amended?”

    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; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Langer; Peters

    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.

COMMEMORATIONS

    SC 19 Introduced by: Senators Rusch, Ewing, Frerichs, Kennedy, Monroe, Nelson, Novstrup, and Stalzer and Representatives Rasmussen, Duvall, Greenfield (Lana), Heinemann, McCleerey, Mickelson, and Ring

        A LEGISLATIVE COMMEMORATION, Honoring Cleo Erickson, "The History Lady," of Vermillion, South Dakota, who knew more about the history of her community than anyone else.

    WHEREAS, Cleo Erickson had deep roots in the city of Vermillion and in Clay County and played a vital role in planning the city's sesquicentennial celebration in 2009;

    WHEREAS, Cleo Erickson helped preserve the historical home that Vermillion calls the Austin-Whittemore House by writing letters, making telephone calls, and putting forth a great deal of effort to prevent the building from being torn down; and

    WHEREAS, Cleo Erickson worked long hours for the Clay County Historical Society and not once did she ask for or receive monetary pay for her service, as she felt preserving the history of Vermillion and Clay County was so important:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature honors "The History Lady," Cleo Erickson, from Vermillion, South Dakota, for her hours of volunteer work and effort in preserving and restoring Vermillion's history.

    SC 20 Introduced by: Senators White, Bolin, Kennedy, Kolbeck, Langer, Maher, Monroe, Nelson, Partridge, Rusch, Russell, Soholt, and Stalzer and Representatives Glanzer, Beal, Chase, Dennert, DiSanto, Duvall, Haugaard, Holmes, Kaiser, Karr, Kettwig, Livermont, McPherson, Mills, Otten (Herman), Qualm, Reed, Rounds, Tulson, Turbiville, and York

        A LEGISLATIVE COMMEMORATION, Commending the South Dakota Army National Guard 153rd Engineer Battalion of Huron, South Dakota, for being awarded the Major General Milton A. Reckord Trophy and for its continued demonstration of support to the local community and the state.

    WHEREAS, the South Dakota Army National Guard 153rd Engineer Battalion was presented the MG Milton A. Reckord Trophy for the unprecedented third year in a row at the 2016 National Guard Association of the United States conference. The Reckord Trophy is presented to the most outstanding battalion in each of the Army areas, and the 153rd Engineer Battalion has an annual training record rating of excellent; and

    WHEREAS, the selection is based on overall combat readiness and the unit's performance with respect to all other Army National Guard units with personnel strength, individual and crew served weapons firing, the army physical fitness test, unit alerts, unit manning, skill level qualifications, retention, drill attendance, operational readiness inspections, outstanding accomplishments, and special missions all being factors in the evaluation and selection:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Army National Guard 153rd Engineer Battalion for being awarded the Reckord Trophy and recognizes its outstanding service to the great state of South Dakota and the United States of America.


    SC 21 Introduced by: Senators Maher, Ewing, Greenfield (Brock), and Langer and Representatives Marty, Ahlers, Bordeaux, Brunner, Campbell, Clark, DiSanto, Frye-Mueller, Goodwin, Greenfield (Lana), Howard, Jamison, Jensen (Kevin), Johns, Johnson, Kaiser, Kettwig, Latterell, Lesmeister, Livermont, McCleerey, Mickelson, Mills, Peterson (Sue), Pischke, Reed, Rozum, Schaefer, Schoenfish, Soli, Steinhauer, Tulson, Turbiville, and Willadsen

        A LEGISLATIVE COMMEMORATION, Posthumously honoring the life, character, and achievements of Bob Hanson.

    WHEREAS, Bob Hanson grew up and studied in South Dakota before serving in World War II with the 15th Horse Cavalry at Ft. Riley, Kansas, riding and training horses, and then serving with the 15th Mechanized Calvary Reconnaissance Squadron in France, where his armored vehicle came under artillery fire, and he was severely burned and wounded; and

    WHEREAS, after being captured and treated for crippling injuries by German troops, Hanson spent nine months as a prisoner of war before returning to the United States and eventually being awarded the French Legion of Honor Medal, the highest honor bestowed in France, on June 19, 2015; and

    WHEREAS, Bob Hanson spent the remainder of his days taking care of his wife Donna and their three sons; displaying his blacksmith skills in his shop in Bison, South Dakota; guiding prairie dog hunters; raising and training horses; hunting; serving as an EMT and CPR instructor; and inspiring everyone he encountered with his optimism and work ethic; and

    WHEREAS, we pray that our Heavenly Father may ease the anguish of his family's and friends' grief and leave them only the cherished memory of Bob Hanson, a war hero and hardworking man of the land:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature posthumously honors, commends, and remembers Bob Hanson for his service to the people of South Dakota and the United States of America. In token of South Dakota's common perpetual grief at his loss, this commemoration is enrolled and appropriately immortalized for posterity.

    Sen. Kolbeck moved that the Senate do now adjourn, which motion prevailed and at 4:06 p.m. the Senate adjourned.

Kay Johnson, Secretary

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