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Senate Journal 2/28/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




THIRTIETH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 28, 2017

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

    The prayer was offered by the Chaplain, Fr. Ron Garry, followed by the Pledge of Allegiance led by Senate page Brigita Rasmussen.

    Roll Call: All members present except Sens. Curd and Langer 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-ninth 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 Joint Committee on Appropriations respectfully reports that it has had under consideration SB 43 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 172 and returns the same with the recommendation that said bill be amended as follows:

172fc
    On page 2, line 1, of the printed bill, delete "forty-six million two" and insert "fifty million one".

    On page 3, delete lines 4 to 24, inclusive, and insert:

"
    Section 7. There is hereby transferred from the Board of Regents budgeted other funds six million dollars, or so much thereof as may be necessary, to the state animal disease research and diagnostic laboratory bond redemption and operations fund established by section 6 of this Act for the construction, reconstruction, renovation, demolition, and modernization of facilities and related infrastructure at the State Animal Disease Research and Diagnostic Lab on the campus of South Dakota State University.

    Section 8. There is hereby transferred from the livestock disease emergency fund the sum of two million three hundred thousand dollars, or so much thereof as may be necessary, to the state animal disease research and diagnostic laboratory bond redemption and operations fund established by section 6 of this Act for the construction, reconstruction, renovation, demolition, and modernization of facilities and related infrastructure at the State Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota State University.

    Section 9. There is hereby transferred from the feed and remedy fund the sum of three hundred thousand dollars, or so much thereof as may be necessary, to the state animal disease research and diagnostic laboratory bond redemption and operations fund established by section 6 of this Act for the construction, reconstruction, renovation, demolition, and modernization of facilities and related infrastructure at the State Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota State University.

    Section 10. There is hereby appropriated the sum of eight million six hundred thousand dollars ($8,600,000) in other fund expenditure authority, or so much thereof as may be necessary, to the Animal Industry Board for expenditure of funds from the state animal disease research and diagnostic laboratory bond redemption and operations fund for the construction, reconstruction, renovation, demolition, and modernization of facilities and related infrastructure

at the State Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota State University.

    Section 11. That the code be amended by adding a NEW SECTION to read:

    The design and construction of improvements shall be under the general charge and supervision of the Bureau of Administration as provided in § 5-14-2.

    Section 12. The Animal Industry Board shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 13. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.

    Section 14. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


    Delete pages 4 to 9, inclusive

172ftb

    On page 1, line 3, of the printed bill, delete everything after "University," .

    On page 1, line 4, delete everything before "to transfer" .

    And that as so amended said bill do pass.

Respectfully submitted,
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1184 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 HB 1133 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair


Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1053, 1100, and 1144 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 HB 1113 and returns the same with the recommendation that said bill be amended as follows:

1113wa

    On page 1, line 7, of the House Judiciary Committee engrossed bill, delete "recently".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1103 and returns the same with the recommendation that said bill be amended as follows:

1103wa

    On page 1, line 6, of the printed bill, overstrike "for".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1096 and 1109 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1107 and returns the same with the recommendation that said bill do pass.


Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of William Shorma of Union County, Dakota Dunes, 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

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 12, 13, 51, 52, 64, 73, 137, and 146 were delivered to his Excellency, the Governor, for his approval at 9:50 a.m., February 28, 2017.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 1, 11, 14, 15, 17, 18, 19, 34, 36, 49, 59, 63, 66, 69, 70, 75, and 79 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 6 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 1, 11, 14, 15, 17, 18, 19, 34, 36, 49, 59, 63, 66, 69, 70, 75, and 79 which have passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk


MOTIONS AND RESOLUTIONS

    HCR 1011: A CONCURRENT RESOLUTION, Recognizing and honoring Sitting Bull, Tatanka-Iyotanka, a courageous warrior, statesman, dedicated leader, one of South Dakota's first ambassadors to the world, and a man who remains an essential figure in South Dakota and United States history.

    Was read the second time.

    Sen. Nelson moved that the Senate do concur in HCR 1011 as found on page 488 of the House Journal.

    The question being on Sen. Nelson's motion that HCR 1011 be concurred in.

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

    Excused:
Curd; Langer

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

    HCR 1013: A CONCURRENT RESOLUTION, To urge the United States Department of State to approve the presidential permit application allowing the construction and operation of the TransCanada Keystone XL Pipeline between the United States and Canada.

    Was read the second time.

    Sen. Wiik moved that the Senate do concur in HCR 1013 as found on page 491 of the House Journal.

1013ja

    Sen. Frerichs moved as a substitute motion that HCR 1013 be amended as follows:

    On page 2, between lines 20 and 21 of the printed resolution, insert:

"
    WHEREAS, the United States Senate passed a sense of the Senate resolution stating that pipelines carrying dilbit oil should be paying into the federal oil spill liability trust fund which provides protection to South Dakota and other states in the event of a spill; and".

    On page 3, line 12, after "Canada" insert "subject to the federal oil spill liability trust fund".

    Sen. Frerichs requested a roll call vote.

    Which request was supported.

    The question being on Sen. Frerichs' substitute motion that HCR 1013 be amended.

    And the roll being called:

    Yeas 6, Nays 27, Excused 2, Absent 0

    Yeas:
Frerichs; Heinert; Kennedy; Killer; Nesiba; Sutton

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

    Excused:
Curd; Langer

    So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

    The question being on Sen. Wiik's pending motion that HCR 1013 be concurred in.

    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0

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

    Nays:
Frerichs; Heinert; Kennedy; Killer; Maher; Nesiba; Sutton


    Excused:
Curd; Langer

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1013 was concurred in.

    HCR 1014: A CONCURRENT RESOLUTION, Expressing the strongest support for, and unity with, the State of Israel and recognizing Jerusalem, as Israel's undivided capital.

    Was read the second time.

    Sen. Nelson moved that the Senate do concur in HCR 1014 as found on page 492 of the House Journal.

    The question being on Sen. Nelson's motion that HCR 1014 be concurred in.

    And the roll being called:

    Yeas 28, Nays 5, Excused 2, Absent 0

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

    Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba

    Excused:
Curd; Langer

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1014 was concurred in.

    Yesterday, Sen. Tidemann announced his intention to reconsider the vote by which HB 1097 lost.

    Sen. Tidemann moved that the Senate do now reconsider the vote by which HB 1097 lost.

    The question being on Sen. Tidemann's motion to reconsider the vote by which HB 1097 lost.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0



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

    Nays:
Jensen (Phil)

    Excused:
Curd; Langer

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1097 was up for reconsideration and final passage.

    Sen. Maher moved that the reconsideration of HB 1097 be deferred to Wednesday, March 1st, the 31st legislative day.

    Which motion prevailed.

    Sen. Greenfield (Brock) moved that HB 1165 be deferred to Wednesday, March 1st, the 31st legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on HB 1130 as found on page 569 of the Senate Journal; also

    State Affairs on HB 1141 as found on page 568 of the Senate Journal; also

    Health and Human Services on HB 1183 as found on page 570 of the Senate Journal be adopted.

    Which motion prevailed.


SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf carts on state highways.

    Was read the second time.

    The question being “Shall HB 1117 pass as amended?”

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

    Excused:
Curd; Langer

    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 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the expiration of a permit and a warning ticket for carrying a concealed pistol while in possession of an expired permit.

    Was read the second time.

    The question being “Shall HB 1211 pass as amended?”

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


    Excused:
Curd; Langer

    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 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain telecommunication services and devices.

    Was read the second time.

    The question being “Shall HB 1149 pass as amended?”

    And the roll being called:

    Yeas 24, Nays 9, Excused 2, Absent 0

    Yeas:
Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Russell; Soholt; Solano; Stalzer; Tapio; Youngberg

    Nays:
Bolin; Cammack; Cronin; Haverly; Rusch; Sutton; Tidemann; White; Wiik

    Excused:
Curd; Langer

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

    HB 1118: FOR AN ACT ENTITLED, An Act to eliminate the need to prove the use of force, fraud, or coercion in the human trafficking of minors.

    Was read the second time.

    The question being “Shall HB 1118 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; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Langer

    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 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of Child Support as a condition of eligibility for the SNAP program.

    Was read the second time.

    Sen. Nesiba requested a fiscal note on HB 1191, pursuant to Joint Rule 6C-1.1.

    Which request was supported.

    HB 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

    Was read the second time.

    The question being “Shall HB 1071 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; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Curd; Langer

    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 1083: FOR AN ACT ENTITLED, An Act to establish certain provisions for awarding grants and collecting surcharges related to the equal access to our courts fund.

    Was read the second time.

    The question being “Shall HB 1083 pass?”

    And the roll being called:

    Yeas 27, Nays 6, Excused 2, Absent 0

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

    Nays:
Jensen (Phil); Monroe; Nelson; Otten (Ernie); Russell; Tapio

    Excused:
Curd; Langer

    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 1: FOR AN ACT ENTITLED, An Act to revise certain provisions of the prescription drug monitoring program.

    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.

    SB 14: FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

    SB 15: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

    SB 17: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a natural resources research and support facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.


    SB 18: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the Stanley J. Marshall Center on the campus of South Dakota State University and to make an appropriation therefor.

    SB 19: FOR AN ACT ENTITLED, An Act to establish for the Board of Regents and its institutions a fund for the receipt and disbursement of federal grants and contracts and a fund for the receipt and disbursement of other grants and contracts and to make an appropriation therefor.

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

    SB 36: FOR AN ACT ENTITLED, An Act to revise the time to file certain tax returns and remit certain taxes.

    SB 49: FOR AN ACT ENTITLED, An Act to license and regulate freestanding emergency medical care facilities.

    SB 59: FOR AN ACT ENTITLED, An Act to delay the effective date for initiated measures and referred laws.

    SB 63: FOR AN ACT ENTITLED, An Act to eliminate the postage administration fund and deposit fees to the general fund.

    SB 66: FOR AN ACT ENTITLED, An Act to specifically classify certain agricultural land as riparian buffer strips, to establish the criteria for the riparian buffer strip classification, and to provide for the taxation thereof.

    SB 69: FOR AN ACT ENTITLED, An Act to revise the tax required when a new motor vehicle dealer licenses a new motor vehicle.

    SB 70: FOR AN ACT ENTITLED, An Act to make appropriations from the water and environment fund and its revolving fund subfunds for various water and environmental purposes, to increase the transfer from the water and environment fund to the environment and natural resources fee fund, and to declare an emergency.

    SB 75: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the purchase from a municipality of malt beverages by certain alcoholic beverage licensees.

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

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

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


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

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

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

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

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

    HB 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding resident fishing possession limits.

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

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 34 Introduced by: Senators White, Haverly, Monroe, and Youngberg and Representatives Chase and Glanzer

        A LEGISLATIVE COMMEMORATION, Honoring and recognizing Haydn Gilbertson, of Kingsbury County, on an excellent season and winning an individual wrestling championship.

    WHEREAS, Haydn finished his senior season with a 39-2 record and the 2017 Class B Championship in the 113-pound weight class; and

    WHEREAS, Haydn demonstrated high standards of achievement and dedication and proved himself to be a role model for his peers and all of the wrestlers around him:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Haydn Gilbertson be honored and recognized for his outstanding
performance in wrestling.

    Sen. Greenfield (Brock) moved that the Senate do now adjourn, which motion prevailed and at 4:28 p.m. the Senate adjourned.

Kay Johnson, Secretary

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