Senate Journal 2/9/2017 01:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 9, 2017

The Senate convened at 1:00 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 Lynsey Klunder.

Roll Call: All members present except Sens. Frerichs, Killer, and Russell 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 nineteenth 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

December 6, 2016

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

Dear President and Members of the Senate:

Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed James E. Putnam, Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective January 2, 2017, and shall continue until January 1, 2020.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 6, 2017

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

Dear President and Members of the Senate:

Pursuant to the provisions of Chapter1-45 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Kay Schallenkamp, Lawrence County, Spearfish, South Dakota, to the South Dakota Board of Education.

This appointment is effective immediately, and shall continue until December 31, 2020.

Sincerely,
Dennis Daugaard
Governor

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1007, 1026, and 1031 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 HB 1015 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 155 and 156 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 137 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 145 and returns the same with the recommendation that 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 SB 138 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 10, of the printed bill, delete "or silica".

On page 2, line 13, delete "related to a claim against" and insert "submitted to".

On page 2, line 16, after "document" insert "submitted to or received from an asbestos trust".

On page 2, line 22, of the printed bill, delete everything after "filed" .

On page 2, line 23, delete everything before ", a plaintiff" .

On page 3, line 23, delete "eighty" and insert "twenty".

On page 6, delete lines 5 to 20, inclusive.

On page 6, line 22, delete everything after "2017" .

On page 6, line 23, delete everything before "." .

And that as so amended said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1038 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 26 was delivered to his Excellency, the Governor, for his approval at 9:40 a.m., February 9, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1045, 1052, 1060, 1065, 1096, 1100, 1147, 1156, and 1161 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on SB 140 as found on page 337 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

HB 1052: FOR AN ACT ENTITLED, An Act to provide certain protections for public employees.

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

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

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

HB 1065: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding the liability of persons for certain business debts.

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

HB 1096: FOR AN ACT ENTITLED, An Act to provide for a criminal penalty for any person who prevents the enforcement of a secured creditor's security interest upon repossession of a motor vehicle.

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

HB 1100: FOR AN ACT ENTITLED, An Act to allow law enforcement to initiate a mental illness hold in domestic abuse situations.

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

HB 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding concealed carry permits and to declare an emergency.

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

HB 1156: FOR AN ACT ENTITLED, An Act to allow a concealed pistol in the capitol with an enhanced concealed pistol permit.

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

HB 1161: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain township, municipal, and school district fiscal reports to be submitted to county auditors.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 109: FOR AN ACT ENTITLED, An Act to provide certain criteria for meeting the ownership requirements for classifying dwellings as owner-occupied property.

Was read the second time.

The question being “Shall SB 109 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Frerichs; Killer; Russell

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 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 second time.

The question being “Shall HB 1027 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Frerichs; Killer; Russell

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 1030: FOR AN ACT ENTITLED, An Act to implement certain vehicle size and weight provisions required by federal law.

Was read the second time.

The question being “Shall HB 1030 pass as amended?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Frerichs; Killer; Russell

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

Was read the second time.

The question being “Shall HB 1070 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Frerichs; Killer; Russell

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 130: FOR AN ACT ENTITLED, An Act to revise provisions regarding the amount licensing agents may collect on the sale of certain licenses and permits for the Department of Game, Fish and Parks.

Was read the second time.

The question being “Shall SB 130 pass as amended?”

And the roll being called:

Yeas 28, Nays 3, Excused 4, Absent 0

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

Nays:
Nelson; Partridge; Youngberg

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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 164: 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 164 pass as amended?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

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

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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 128: FOR AN ACT ENTITLED, An Act to provide an exception for alcohol manufacturer licensees to participate in certain charitable retail events.

Was read the second time.

The question being “Shall SB 128 pass as amended?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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 120: FOR AN ACT ENTITLED, An Act to repeal the Legislative Planning Committee.

Was read the second time.

The question being “Shall SB 120 pass?”

And the roll being called:

Yeas 27, Nays 4, Excused 4, Absent 0

Yeas:
Bolin; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Heinert; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; White; Wiik; Youngberg

Nays:
Cammack; Kennedy; Tapio; Tidemann

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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 101: FOR AN ACT ENTITLED, An Act to provide for the release of certain military records.

Was read the second time.

Sen. Curd moved that SB 101 be laid on the table.

The question being on Sen. Curd's motion that SB 101 be laid on the table.

And the roll being called:

Yeas 30, Nays 0, Excused 5, Absent 0

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

Excused:
Frerichs; Jensen (Phil); Killer; Maher; Russell

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1029: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

Was read the second time.

The question being “Shall HB 1029 pass?”

And the roll being called:

Yeas 24, Nays 7, Excused 4, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Haverly; Kennedy; Klumb; Kolbeck; Langer; Maher; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tapio; Tidemann; White; Wiik

Nays:
Ewing; Greenfield (Brock); Heinert; Monroe; Nelson; Stalzer; Youngberg

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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 1023: FOR AN ACT ENTITLED, An Act to make an appropriation for the payment of extraordinary litigation expenses and to declare an emergency.

Was read the second time.

The question being “Shall HB 1023 pass?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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 1062: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability and to declare an emergency.

Was read the second time.

The question being “Shall HB 1062 pass?”

And the roll being called:

Yeas 31, Nays 0, Excused 4, Absent 0

Excused:
Frerichs; Jensen (Phil); Killer; Russell

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.

There being no objection, the Senate reverted to Order of Business No. 4.

COMMUNICATIONS AND PETITIONS

February 9, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on February 9, 2017, I approved Senate Bills 4, 30, 31, 45, 57, and 62, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

SIGNING OF BILLS

The President publicly read the title to

HB 1036: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning voter registration and notices of boundary changes for local elections.

HB 1057: FOR AN ACT ENTITLED, An Act to revise when improvement districts shall hold an election of board members.

And signed the same in the presence of the Senate.

SC 22 Introduced by: Senator Sutton and Representatives Bartling and Qualm

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2016 Winner, Colome, and Gregory High School Championship Football Teams.

WHEREAS, in 2016, for the first time since the inception of the current state football playoff system in 1981, the Winner, Gregory, and Colome High School Football Teams advanced and won the 11B, 9B, and 9AA football championships by virtue of their outstanding character, team work ethic, and dedication to the sport both on and off the field; and

WHEREAS, these south central South Dakota football teams successfully completed a dominant season with a combined record of 35-1 and defeated their opponents in their respective championship games by a wide margin; and

WHEREAS, all three teams received superior coaching and outstanding leadership guidance from head coaches Dan Aaker, Winner; Dale Krumpus, Colome; and Brian Allmendinger, Gregory; and assistant coaches Trent Olson, Larry Aaker, Kevin Keiser, Sam Olson, and Glenn Carlson, Winner; Dave Campbell and Charles Hosford, Colome; and Mike Murrary and John King, Gregory; and

WHEREAS, all the students, coaches, faculty, and the communities of Winner, Colome, and Gregory have shown outstanding support and sportsmanship during their teams' quests to earn their titles:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature commends the Winner, Colome, and Gregory High School Football Teams for their athletic excellence during the 2016 season.

Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at 2:03 p.m. the Senate adjourned.

Kay Johnson, Secretary