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Senate Journal 3/27/2017 10:00 AM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




THIRTY-EIGHTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 27, 2017

    The Senate convened at 10:00 a.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of Allegiance led by Senate pages Amanda Pugh, Caroline Moriarty, and Shelby Guthrie.

    Roll Call: All members present except Sen. Killer 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 thirty-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.
COMMUNICATIONS AND PETITIONS

March 10, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 10, 2017, I approved Senate Bills 22, 23, 29, 34, 44, 60, 90, 98, 99, and 149, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 13, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 13, 2017, I approved Senate Bills 103 and 120, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 13, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 13, 2017, I approved Senate Bills 104, 130, 138, 141, 147, 166, and 176, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


March 14, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 14, 2017, I approved Senate Bills 25, 27, and 28, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 14, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 14, 2017, I approved Senate Bills 54, 80, 128, 151, and 171, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 15, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 15, 2017, I approved Senate Bills 43 and 117, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 16, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 16, 2017, I approved Senate Bills 32, 35, 116, and 178, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

March 17, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on March 17, 2017, I approved Senate Bills 78, 95, 124, and 172, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

    Unless there is an objection, the President waives the reading of the veto messages.

March 17, 2017

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501

Dear Mr. President and Members of the Senate,

I respectfully return to you Senate Bill 33, with my VETO.

Senate Bill 33 is an Act to revise the state aid to special education formula.

This was the annual bill to adjust special education levies. At the time Senate Bill 33 passed both houses of the legislature, the appropriations committee was considering a budget that included a zero percent increase for general and special education, and this bill was passed on that basis.

Subsequent to the passage of Senate Bill 33, the Legislature passed a budget that provides inflation of 0.3 percent for state aid to K-12 schools. The Legislature also decided to inflate special education by 0.3 percent, and this language was included in Senate Bill 35.

Because Senate Bill 35 includes the necessary language to offer 0.3 percent inflation in both the general and special education formula, Senate Bill 33 is no longer necessary. For that reason, I ask that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor


March 17, 2017

The Honorable Matt Michels
President of the Senate
500 East Capitol Avenue
Pierre, SD 57501

Dear Mr. President and Members of the Senate,

I respectfully return to you Senate Bill 164, with my VETO.

Senate Bill 164 is an Act to revise the length of the maximum probationary period for juvenile probationers and to revise the conditions of a juvenile commitment to the Department of Corrections.

Under current law, a juvenile may only be committed to the custody of the Department of Corrections if, among other things, the juvenile has committed certain violent or dangerous crimes or has committed any crime and otherwise poses a significant risk of harm to another person.

I did not oppose Senate Bill 164 as it progressed through the legislative process because the bill originally included only Sections 1 and 2, which dealt with the duration of juvenile probation, and in that form I would have signed this bill. The objectionable language that leads me to veto this bill is in Section 3, which was added as an amendment on the floor of the second house after both committee hearings had been held.

Section 3 would allow a Court to place a juvenile in the custody of the Department of Corrections if the juvenile "presents a significant risk of physical harm to themselves." The term "harm to themselves" may encompass a broad array of factual scenarios: suicidal thoughts, self-mutilation, tobacco use, drug or alcohol addiction, eating disorders, or many other potential behaviors or conditions.

These serious situations are best dealt with through counseling or treatment, not Department of Corrections custody, and resources are available in communities throughout the state to serve these young people. In fact, placing juveniles with these behaviors into DOC custody, alongside those with violent or dangerous offenses, could put these young people in greater danger or influence them toward more serious problems.

If a juvenile is at risk of self-harm, the Department of Corrections custody is not the best way to help that child. In its current form, Senate Bill 164 does not serve to better protect the public, and it puts juveniles at risk of unnecessary confinement.

For these reasons, I ask that you sustain my veto.

Respectfully submitted,
Dennis Daugaard
Governor

CONSIDERATION OF EXECUTIVE VETOES AND RECOMMENDATIONS

    The Senate proceeded to the reconsideration of SB 33 pursuant to the veto of the Governor and the veto message found on page 748 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being “Shall SB 33 pass, the veto of the Governor notwithstanding?”

    And the roll being called:

    Yeas 0, Nays 34, Excused 1, Absent 0

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

    Excused:
Killer

    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost, sustaining the Governor's veto.

    The Senate proceeded to the reconsideration of SB 164 pursuant to the veto of the Governor and the veto message found on page 749 of the Senate Journal as provided in Article IV, Section 4, of the Constitution of the State of South Dakota.

    The question being “Shall SB 164 pass, the veto of the Governor notwithstanding?”

    And the roll being called:

    Yeas 11, Nays 23, Excused 1, Absent 0

    Yeas:
Bolin; Frerichs; Greenfield (Brock); Maher; Nelson; Netherton; Novstrup; Peters; Russell; Stalzer; Tapio

    Nays:
Cammack; Cronin; Curd; Ewing; Haverly; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Monroe; Nesiba; Otten (Ernie); Partridge; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Killer


    So the bill not having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill lost, sustaining the Governor's veto.

MOTIONS AND RESOLUTIONS

    Sen. Novstrup moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to revising the length of the maximum probationary period for juvenile probationers.

    The question being on Sen. Novstrup's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, and placing on today's calendar a bill relating to revising the length of the maximum probationary period for juvenile probationers.

    And the roll being called:

    Yeas 25, Nays 9, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Nelson; Nesiba; Netherton; Novstrup; Peters; Rusch; Russell; Stalzer; Sutton; Tapio; White; Youngberg

    Nays:
Cronin; Haverly; Monroe; Otten (Ernie); Partridge; Soholt; Solano; Tidemann; Wiik

    Excused:
Killer

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 179 Introduced by: Senator Novstrup and Representative Kaiser

    FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

    Was read the first time.


SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 179: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

    Was read the second time.

    The question being “Shall SB 179 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; Klumb; Kolbeck; Langer; Maher; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Monroe

    Excused:
Killer

    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.

    There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Sen. Nelson moved that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, giving second reading and immediate consideration to a senate resolution relating to urging Congress to repeal and defund the Patient Protection and Affordable Care Act.

    The question being on Sen. Nelson's motion that the rules be suspended for the sole purpose of introducing, giving first reading to, dispensing with committee referral, giving second reading and immediate consideration to a senate resolution relating to urging Congress to repeal and defund the Patient Protection and Affordable Care Act.


    And the roll being called:

    Yeas 11, Nays 23, Excused 1, Absent 0

    Yeas:
Curd; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Nelson; Netherton; Russell; Stalzer; Tapio

    Nays:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Langer; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Killer

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

    Sen. Curd moved that the Senate do now recess until 12:00 p.m., which motion prevailed and at 10:46 a.m., the Senate recessed.

RECESS

    The Senate reconvened at 1:21 p.m., the President presiding.


EMENDATION OF THE DISSENT AND PROTEST TO PASSAGE OF HB 1069

    Pursuant to Sen. Peters' motion invoking Joint Rule 1-10, referring the Letter of Dissent and Protest back to the dissent and protesting members for emendation, as found on page 369 of the Senate Journal;

    In the Senate Journal of the fourteenth legislative day, the following change should be made:

    On page 262, delete lines 13 through 36; Dissent and Protest to Passage of HB1069; and replace with the emendation of the Dissent and Protest to the Passage of HB 1069.

Pursuant to Joint Rule 1-10, we, the undersigned Senators, do hereby respectfully dissent from and protest the rulings of the President of the Senate in ruling against the point of order raised that 17 Senate members be excused from voting due to their interest in judicial proceedings regarding initiated measure 22 under Joint Rule 12-1 and Section 521 (2)(3) & Section 522 (1) of Mason's Manual of Legislative Procedure (SD Legislative Joint Rule 11-3). Furthermore, we, the undersigned Senators, do hereby respectfully dissent from and protest the passage of House Bill 1069, which in our opinion violates Article III, Section 21 of the South Dakota Constitution, which states: "No law shall embrace more than one subject, which shall be expressed in its title." Moreover, we believe House Bill 1069's language requiring citizens to declare their names, addresses, etc., on campaign material is in conflict with the Supreme Court of the United States of America's decision in McIntyre v. Ohio Elections Comm'n, 514 U.S. 334 (1995), which found such a requirement to be a violation of a person's 1st Amendment rights. We hereby dissent from and protest against the rulings and the passage of HB 1069. We respectfully request that this dissent and protest be printed in the Senate Journal as required by Joint Rule 1-10.

SIGNING OF BILLS

    The President publicly read the title to

    SB 179: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers.

    And signed the same in the presence of the Senate.

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


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant to the Governor's veto of SB 33, sustained that veto and delivered the same to her Excellency, the Secretary of State, for filing at 11:15 a.m., March 27, 2017.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Senate has, pursuant to the Governor's veto of SB 164, sustained that veto and delivered the same to her Excellency, the Secretary of State, for filing at 11:15 a.m., March 27, 2017.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 179 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has sustained the veto of the Governor on HB 1156.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has sustained the veto of the Governor on HB 1072.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has sustained the veto of the Governor on HB 1149.


Also MR. PRESIDENT:

    I have the honor to return herewith SB 179 which has passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

CONSIDERATION OF REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed to wait upon his Excellency, the Governor, to inform him that the Legislature has completed its labors and is ready to adjourn sine die and to ascertain if he has any further communications to make to the Legislature, respectfully reports that it has performed the duty assigned to it and has been informed by his Excellency, the Governor, that he will not appear for the closing of the Ninety-second Legislative Session.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Brock Greenfield
Lee Qualm    R. Blake Curd
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

    Sen. Curd moved that the report of the Joint-Select Committee relative to informing the Governor that the Legislature has completed its labors and is ready to ascertain if he has any further communications to make to the Legislature be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed to consider the matter of adjournment sine die of the Ninety-second Legislative Session respectfully reports that the Senate and House of Representatives adjourn sine die at the hour of 1:45 p.m., March 27, 2017.

Respectfully submitted,    Respectfully submitted,
G. Mark Mickelson    Kris Langer
Lee Qualm    Bob Ewing
Spencer Hawley    Kevin Killer
House Committee    Senate Committee


    Sen. Curd moved that the report of the Joint-Select Committee relative to fixing the time to adjourn sine die be adopted.

    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 Legislative Procedure respectfully reports that SB 179 was delivered to his Excellency, the Governor, for his approval at 1:43 p.m., March 27, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE


MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee for the purpose of waiting upon his Excellency, the Governor, to inform him that the Legislature has completed its labors, is ready to adjourn sine die, and to ascertain if he has any further communications to make to the Legislature.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has adopted the report of the Joint-Select Committee relative to fixing the time of adjournment sine die for the Ninety-second Legislative Session.

Respectfully,
Arlene Kvislen, Chief Clerk


    The following prayer was offered by Lt. Governor Matt Michels.

    Let us be at peace with ourselves.

    Let us accept that we are profoundly loved by you
    and need never be afraid.

    Let us be aware of the source of being
    that is common to us all and to all living creatures.

    Let us be filled with the presence of the great compassion towards
    ourselves and towards all living beings.

    Realizing that we are all nourished from the same source of life,
    may we so live that others are not deprived of air, food, water,
    shelter or the chance to live.

    Let us pray that we ourselves cease to be a cause of suffering to
    one another.

    With humility let us pray for the establishment of peace in our
    hearts and on earth.

    May God kindle in us the fire of love to bring us alive and give
    warmth to the world.

    Lead us O God, from death to life, from falsehood to truth; from
    despair to hope; from fear to trust; lead us from hate to love and
    from war to peace.

    AMEN

    Sen. Greenfield (Brock) moved that the Senate do now adjourn sine die, which motion prevailed and at 1:45 p.m. the Senate adjourned.

Kay Johnson, Secretary

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