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Senate Journal 2/24/2017 01:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




TWENTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 24, 2017

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Paul Bly, followed by the Pledge of Allegiance led by Senate page Sydney Swanson.

    Roll Call: All members present except Sens. Partridge and Solano 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 twenty-seventh 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 Transportation respectfully reports that it has had under consideration HB 1124 and 1174 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Stalzer, Vice Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1005 and 1071 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1044 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1084 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 51, 52, and 137 and finds the same correctly enrolled.


Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 109 was delivered to his Excellency, the Governor, for his approval at 10:00 a.m., February 24, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

Also MR. PRESIDENT:

    I have the honor to return herewith SB 51, 52, and 137 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1001, 1072, 1076, 1082, 1090, 1092, 1142, 1157, 1173, 1183, 1185, 1195, 1200, 1204, 1205, 1206, 1207, 1208, 1209, and 1210 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 130 was lost for failure to be placed on the House calendar.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 14: A CONCURRENT RESOLUTION, Urging the Governor to fuel the state fleet with premium E-30 fuel.

    Was read the second time.

    Sen. Frerichs moved that SCR 14 as found on page 520 of the Senate Journal be adopted.

    The question being on Sen. Frerichs' motion that SCR 14 be adopted.

    And the roll being called:


    Yeas 30, Nays 2, Excused 3, Absent 0

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

    Nays:
Cronin; Jensen (Phil)

    Excused:
Partridge; Peters; Solano

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 14 was adopted.

    Sen. Curd moved that HB 1083 and 1097 be deferred to Monday, February 27th, the 29th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on HB 1065 as found on page 515 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of James E. Putnam of Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.

    The question being “Does the Senate advise and consent to the executive reappointment of James E. Putnam pursuant to the executive message as found on page 352 of the Senate Journal?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0


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

    Nays:
Nelson

    Excused:
Partridge; Solano

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1001: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding prison or jail population cost estimates.

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

    HB 1072: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to permits to carry a concealed pistol.

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

    HB 1076: FOR AN ACT ENTITLED, An Act to create a State Government Accountability Board.

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

    HB 1082: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

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

    HB 1090: FOR AN ACT ENTITLED, An Act to define certain fees incident to the extension of credit.

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



    HB 1092: FOR AN ACT ENTITLED, An Act to revise certain alcoholic beverage licensing provisions concerning the manufacturing and sale of cider.

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

    HB 1142: FOR AN ACT ENTITLED, An Act to revise the penalty for vehicular homicide.

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

    HB 1157: FOR AN ACT ENTITLED, An Act to create the agriculture future development subfund, to provide for its administration, to establish the agriculture future development subcommittee, and to provide funding for certain programs and projects.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    HB 1173: FOR AN ACT ENTITLED, An Act to revise the distribution of funds from the building South Dakota fund.

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

    HB 1183: FOR AN ACT ENTITLED, An Act to provide and revise certain provisions regarding mental health procedures in criminal justice, to make an appropriation therefor, and to declare an emergency.

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

    HB 1185: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning recreational facilities provided by municipalities.

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

    HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health coverage for applied behavior analysis.

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

    HB 1200: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contributions to ballot question committees.

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



    HB 1204: FOR AN ACT ENTITLED, An Act to authorize the production and sale of industrial hemp.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    HB 1205: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City and to provide for the deposit of the proceeds.

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

    HB 1206: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Aurora County and to provide for the deposit of the proceeds.

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

    HB 1207: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain real estate at the South Dakota Development Center.

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

    HB 1208: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Veterans' Home and to provide for the deposit of the proceeds.

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

    HB 1209: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

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

    HB 1210: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Minnehaha County and to provide for the deposit of the proceeds.

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


SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1122: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the process to be excused from public school attendance.

    Was read the second time.

    The question being “Shall HB 1122 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Partridge; Solano

    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 1059: FOR AN ACT ENTITLED, An Act to provide for the perfection of liens upon application for duplicate certificates of title.

    Was read the second time.

    The question being “Shall HB 1059 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Partridge; Solano


    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 1080: FOR AN ACT ENTITLED, An Act to adopt the Uniform Fiduciary Access to Digital Assets Act.

    Was read the second time.

    The question being “Shall HB 1080 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Partridge; Solano

    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 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning landowner liability for certain injuries suffered.

    Was read the second time.

    The question being “Shall HB 1068 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg


    Excused:
Partridge; Solano

    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 1087: FOR AN ACT ENTITLED, An Act to authorize the recovery of attorney's fees in civil actions relating to highway obstructions.

    Was read the second time.

    The question being “Shall HB 1087 pass as amended?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Russell

    Excused:
Partridge; Solano

    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 1091: FOR AN ACT ENTITLED, An Act to modify certain provisions relating to concealed carry permits.

    Was read the second time.

    The question being “Shall HB 1091 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; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Partridge; Solano

    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 1045: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding credit for reinsurance.

    Was read the second time.

    The question being “Shall HB 1045 pass as amended?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Nelson

    Excused:
Partridge; Solano

    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 1060: FOR AN ACT ENTITLED, An Act to provide requirements and standards for insurers' own risk and solvency assessments.

    Was read the second time.

    The question being “Shall HB 1060 pass as amended?”

    And the roll being called:



    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Nelson

    Excused:
Partridge; Solano

    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

    SB 51: FOR AN ACT ENTITLED, An Act to revise certain references regarding loans and investments for insurance companies.

    SB 52: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal covered securities.

    SB 137: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding joint employer liability protection.

    SB 12: FOR AN ACT ENTITLED, An Act to revise certain provisions administered by the Department of Agriculture related to nursery stock, conservation, forestry, and farm mediation.

    SB 13: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning potato grades and standards.

    SB 64: FOR AN ACT ENTITLED, An Act to define the term of a vacancy appointment for water development district directors.

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

    SB 146: FOR AN ACT ENTITLED, An Act to revise the voting authority of an alderman.


    HB 1061: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding consent for correspondence through electronic mail by enrolled customers of portable electronics.

    HB 1056: FOR AN ACT ENTITLED, An Act to authorize law enforcement officers to issue certain citations not signed under oath.

    HB 1127: FOR AN ACT ENTITLED, An Act to revise the procedure for a deployed military service member to renew a concealed carry permit

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 31 Introduced by: Senators Heinert, Frerichs, Kennedy, Killer, Nesiba, and Sutton and Representatives Bordeaux, Ahlers, Bartling, Hawley, Lesmeister, McCleerey, Ring, Soli, and Wismer

        A LEGISLATIVE COMMEMORATION, Honoring and commending Susan Delaney-Kary of Parmelee, South Dakota, for receiving the 2016 Spirit of Dakota Award.

    WHEREAS, Susan Delaney-Kary, an esteemed resident of Parmelee, former rodeo secretary, former trainer of rodeo secretaries and timers, and former teacher at the West Rosebud School and the Brunson School, has achieved statewide recognition for exemplary leadership, character, as well as community recognition in the sense that Parmelee named its fire station after her, and representation of social, cultural, and education advancement for others by receiving the 2016 Spirit of Dakota Award; and

    WHEREAS, this prestigious award, presented by the Spirit of Dakota Award Society, honors women who have deep roots in South Dakota, have had great success in their community, and are admired greatly by the fellow members of their community; and

    WHEREAS, Susan Delaney-Kary earned this award by generously giving her time and energy to all of her past students at schools including Prospect School, West Rosebud School, Karlin School, and He Dog School, as well as to her community; and

    WHEREAS, the success of the state of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of strong women like Susan Delaney-Kary who use their considerable talents, resources, and passion to serve others:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature hereby congratulates and honors Susan Delaney-Kary as a recipient of the Spirit of Dakota Award; recognizes her outstanding record of commitment to education, leadership, and community spirit; and extends best wishes for her continued success and happiness.

    SC 32 Introduced by: Senators Heinert, Frerichs, Killer, and Nesiba and Representatives Bordeaux, Bartling, Ring, and Wismer

        A LEGISLATIVE COMMEMORATION, Celebrating and honoring the life of Dr. Wayne Evans.

    WHEREAS, Dr. Evans, whose Lakota name was Oyate Ekta Cante Gluza (He Holds His Heart Out to the People), passed away on August 26, 2016. Dr. Evans was a member of the Sicangu Lakota Oyate tribe and a former professor at the University of South Dakota; and

    WHEREAS, Dr. Evans, born on April 19, 1938, in Rosebud, South Dakota, was a graduate of Black Hills State College and earned his masters and doctorate degrees at the University of South Dakota. He came from humble beginnings and, as an adolescent, did not see the importance of education until he started living with the Al and Susan Kary family; and

    WHEREAS, Dr. Evans instilled the importance of American Indian education, helped young Native Americans retain their culture, taught many of our teachers about the American Indians, and was greatly revered by many of his colleagues; and

    WHEREAS, Dr. Evans, an extremely fluent Lakota speaker, was an integral piece of American Indian Education at the University of South Dakota. He worked in the Upward Bound office, was an associate professor for forty years, and served as a Wase Wakpa Elder, eyapaha, and drum keeper for the Oyate Singers. Dr. Evans and his wife Patty received the distinction of being the first married couple to be named co-grand marshals of the Dakota Days Parade:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes and remembers Dr. Wayne Evans and his contributions throughout his life to the education of and about the American Indian people as well as the positive impact he had on his community and the people around him.

    SC 33 Introduced by: Senators Maher, Ewing, and Langer and Representatives Lesmeister and Marty

        A LEGISLATIVE COMMEMORATION, Congratulating and honoring Shantell Brewer, of Dupree High School, and Sierra Ward, of Belle Fourche High School, for being finalists in the 2017 Business Plan Competition.

    WHEREAS, Shantell Brewer, a student at Dupree High School, has achieved second place recognition for her exceptional business plans for a fencing operation. The primary purpose of this business, Cross Fencing, is to benefit local farmers and ranchers in Dewey and Ziebach counties who do not have the time or ability to repair their own fences; and

    WHEREAS, Sierra Ward, a student at Belle Fourche High School, has achieved first place recognition for her exceptional business plans for training and boarding horses. The primary purpose of this business, Ward's Horse Training and Boarding, is to satisfy customers with a professionally-trained, happy horse, making for a happy rider:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature congratulates Shantell Brewer and Sierra Ward on being finalists in the 2017 Business Plan Competition, recognizes their hard work and exemplary skills as students and business planners, and extends best wishes for their continued success and happiness.

    Sen. Jensen (Phil) moved that the Senate do now adjourn, which motion prevailed and at 2:13 p.m. the Senate adjourned.

Kay Johnson, Secretary


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