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Senate Journal 2/1/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




FOURTEENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 1, 2017

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

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate pages Lauren Leisinger and Kalder Ness.

    Roll Call: All members present.

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 thirteenth 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 SB 73 and 79 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1016, 1017, and 1018 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1019 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jim White, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 71 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 67 which was tabled.

Respectfully submitted,
Bob Ewing, Chair


Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 86 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 83 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 SB 102 and returns the same with the recommendation that said bill be amended as follows:

102ca

    On page 4, line 24, of the printed bill, delete "Social Services" and insert "Health".

    And that as so amended said bill do pass.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 37, 38, and 47 were delivered to his Excellency, the Governor, for his approval at 11:20 a.m., February 1, 2017.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 45 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 45 which has passed the House without change.

Also MR. PRESIDENT:

    I have the honor to return herewith SCR 3, 4, and 6 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1049.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1005, 1007, 1008, 1013, 1015, 1037, 1042, and 1056 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 9 Introduced by: Senators Stalzer, Bolin, Curd, Greenfield (Brock), Jensen (Phil), Langer, Maher, Monroe, Netherton, and Wiik and Representatives Qualm, DiSanto, Haggar, Haugaard, Heinemann, Jensen (Kevin), Latterell, Mickelson, Otten (Herman), Tieszen, and Willadsen

        A CONCURRENT RESOLUTION, To accept an invitation to attend a balanced budget amendment planning committee.

    WHEREAS, Article V of the Constitution of the United States provides that upon receipt of applications from two-thirds of the legislatures of the several states, Congress shall call a convention for proposing amendments; and

    WHEREAS, it is likely that in the near future two-thirds of the state legislatures will have applied for a convention limited to proposing an amendment adding to the Constitution a requirement that the federal government balance its budget; and

    WHEREAS, in its call Congress will be required to specify an initial time and place for the meeting of this convention and the convention itself will need to adopt rules for its own governance; and

    WHEREAS, a national convention of the states has not met since 1861 and a regional convention of the states has not met since 1922 so that many people are unfamiliar with the process, the General Assembly of the State of Tennessee has called a preliminary convention of the states beginning on July 11, 2017, in Nashville, Tennessee for the exclusive purposes of planning for, and recommending rules and procedures to, a prospective convention for proposing a balanced budget amendment to the United States Constitution; and recommending to Congress the initial date and location of a convention for proposing a balanced budget amendment, which preliminary gathering is hereinafter referred to as the Nashville BBA Planning Convention; and

    WHEREAS, it is in the interest of the people of the State of South Dakota that the voice of our state be heard at the Nashville BBA Planning Convention:

    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 accepts the invitation of the General Assembly of the State of Tennessee to attend the Nashville BBA Planning Convention; and

    BE IT FURTHER RESOLVED, that the provisions of chapter 2-15 regarding the selection and instruction of Article V convention delegates also apply to this convention.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Agriculture and Natural Resources on SB 11 as found on page 229 of the Senate Journal be adopted; also

    Commerce and Energy on SB 68 as found on page 229 of the Senate Journal be adopted; also

    Judiciary on SB 82 as found on page 228 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 146 Introduced by: Senators Ewing and Heinert and Representatives Otten (Herman) and Bartling

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

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

    SB 147 Introduced by: Senators Peters, Greenfield (Brock), Haverly, Kennedy, Nesiba, Partridge, Soholt, and Sutton and Representatives Peterson (Sue), Ahlers, Bartels, Bartling, Clark, Hawley, Reed, Rozum, Steinhauer, and York

    FOR AN ACT ENTITLED, An Act to establish a process for periodic review of provider rates for medical assistance to the indigent and to make an appropriation therefor.

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

    SB 148 Introduced by: Senators Frerichs, Greenfield (Brock), Heinert, Sutton, and Youngberg and Representatives Bartling, Hawley, Jensen (Kevin), Lust, and McCleerey

    FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Agriculture for enhancement of the farm link program.

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

    SB 149 Introduced by: Senator Solano and Representative Haugaard

    FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based or religious child-placement agencies.

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

    SB 150 Introduced by: Senators Nesiba, Frerichs, Heinert, and Sutton and Representatives Bartling, Ahlers, Hawley, Lesmeister, McCleerey, Ring, Smith, and Wismer

    FOR AN ACT ENTITLED, An Act to establish certain provisions regarding paid maternity leave.

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


    SB 151 Introduced by: Senators Curd and Maher

    FOR AN ACT ENTITLED, An Act to create a complaint procedure to resolve allegations of misconduct regarding certain public officials.

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

    SB 152 Introduced by: Senators Cronin, Curd, Klumb, Nelson, Peters, Tidemann, and White and Representatives Ahlers, Karr, Lake, Lust, and Peterson (Sue)

    FOR AN ACT ENTITLED, An Act to allow for the promulgation of fees only with explicit statutory authority

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

    SB 153 Introduced by: Senators Cronin and Peters

    FOR AN ACT ENTITLED, An Act to accommodate legislation on tax increment districts.

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

    SB 154 Introduced by: Senator Frerichs and Representative Ahlers

    FOR AN ACT ENTITLED, An Act to require the Department of Transportation to utilize native grasses on new or remodeled state properties as landscape.

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

    SB 155 Introduced by: Senators Sutton, Frerichs, Heinert, Kennedy, and Nesiba and Representatives Bartling, Ahlers, Bordeaux, Hawley, Lesmeister, McCleerey, Ring, Smith, Soli, and Wismer

    FOR AN ACT ENTITLED, An Act to establish an early childhood education pilot program and to make an appropriation therefor.

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


    SB 156 Introduced by: Senators Sutton, Frerichs, Heinert, Kennedy, and Nesiba and Representatives Hawley, Ahlers, Bartling, Bordeaux, Lesmeister, McCleerey, Ring, Smith, Soli, and Wismer

    FOR AN ACT ENTITLED, An Act to establish the South Dakota Early Learning Advisory Council.

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

    SB 157 Introduced by: Senators Nesiba, Heinert, Peters, and Sutton and Representatives Bordeaux, McCleerey, and Wismer

    FOR AN ACT ENTITLED, An Act to create an exception for possession of a certain amount of marijuana with a valid medical marijuana card from another state.

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

    SB 158 Introduced by: Senators Heinert, Frerichs, and Killer and Representatives Lesmeister, Bartling, Bordeaux, and Smith

    FOR AN ACT ENTITLED, An Act to impose a tariff on certain pipelines carrying crude oil and to create a crude oil pipeline compensation fund that may be used in the event of a crude oil spill.

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

    SB 159 Introduced by: Senators Heinert, Frerichs, Greenfield (Brock), Killer, Langer, Maher, and Solano and Representatives Bordeaux, Bartling, Hawley, Lesmeister, Schoenfish, and Smith

    FOR AN ACT ENTITLED, An Act to provide for the continuation of the paraprofessional tuition assistance scholarship program and to make an appropriation therefor.

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


    SB 160 Introduced by: Senators Stalzer, Bolin, Curd, Greenfield (Brock), Jensen (Phil), Langer, Maher, Monroe, Netherton, and Wiik and Representatives Qualm, DiSanto, Haggar, Haugaard, Heinemann, Jensen (Kevin), Latterell, Mickelson, Otten (Herman), Tieszen, and Willadsen

    FOR AN ACT ENTITLED, An Act to establish provisions for the selection and instruction of delegates to an Article V convention for proposing an amendment to the United States Constitution.

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

    SB 161 Introduced by: Senators Killer, Heinert, Kennedy, Maher, Nelson, and Russell and Representatives May, Bordeaux, and Livermont

    FOR AN ACT ENTITLED, An Act to direct certain vehicle registration fees to counties with unorganized territory.

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

    SB 162 Introduced by: Senators Nelson, Cronin, Frerichs, Heinert, Jensen (Phil), Kennedy, Killer, Maher, Nesiba, Netherton, Russell, Stalzer, and Sutton and Representatives Lesmeister, Bartling, Bordeaux, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Jensen (Kevin), Kaiser, Livermont, Marty, McCleerey, Pischke, Ring, Schoenfish, and Wismer

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the Animal Disease Research and Diagnostic Laboratory on the campus of South Dakota State University and to make an appropriation therefor.

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

    SB 163 Introduced by: Senators Russell and Nelson and Representatives Dennert, Peterson (Sue), and Qualm

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding disclosure of contributors for independent campaign expenditures.

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


    SB 164 Introduced by: Senators Novstrup, Greenfield (Brock), Jensen (Phil), Rusch, and Stalzer and Representatives Kaiser, Dennert, Haggar, Heinemann, and Rounds

    FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers and to allow for an extension of the probationary period for failing to make a good faith effort to pay restitution.

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

    SB 165 Introduced by: Senators Heinert, Frerichs, Greenfield (Brock), Killer, Langer, Maher, and Nelson and Representatives Bordeaux, Bartling, Lesmeister, Schoenfish, and Smith

    FOR AN ACT ENTITLED, An Act to establish consultation protocols between the Department of Education and tribal government officials.

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

    SB 166 Introduced by: Senators Partridge, Cronin, Haverly, Maher, Monroe, Peters, Stalzer, and Tidemann and Representatives Haggar, Lust, Otten (Herman), Peterson (Kent), Qualm, Stevens, and Willadsen

    FOR AN ACT ENTITLED, An Act to provide certain provisions excluding business-to-business lending from certain money lending limitations.

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

    The President declared that SB 76 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

    The following bill was read on January 31,, and today the President Pro tempore assigned this bill to committee.

    SB 139 was referred to the Committee on State Affairs.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1005: FOR AN ACT ENTITLED, An Act to require the Government Operations and Audit Committee to provide oversight to the Board of Regents on issues relating to the university centers.

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


    HB 1007: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding inspection affidavits for amusement rides.

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

    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 first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of tuition for members of the South Dakota National Guard and to declare an emergency.

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

    HB 1015: FOR AN ACT ENTITLED, An Act to designate the South Dakota Housing Development Authority as the administrator of a federal housing program.

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

    HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding delegates and alternates to the national convention, nominating petitions, and runoff elections.

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

    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 first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1.

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

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


SECOND READING OF CONSENT CALENDAR ITEMS

    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.

    Was read the second time.

    The question being “Shall SB 12 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

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

    Was read the second time.

    The question being “Shall SB 13 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    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 84: FOR AN ACT ENTITLED, An Act to provide for the suspension of the probationary period for juvenile probationers under certain conditions.

    Was read the second time.

    The question being “Shall SB 84 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, 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; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    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 72: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.

    Was read the second time.

    The question being “Shall SB 72 pass as amended?”

    And the roll being called:

    Yeas 14, Nays 21, Excused 0, Absent 0

    Yeas:
Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Klumb; Maher; Monroe; Nelson; Netherton; Russell; Stalzer; Tapio; Wiik; Youngberg

    Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Haverly; Kennedy; Killer; Kolbeck; Langer; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White

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


    SB 90: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certain prior statements of a witness subject to discovery and to establish the rationale and effect of the repeal.

    Was read the second time.

    The question being “Shall SB 90 pass?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Bolin

    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 91: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of rape.

    Was read the second time.

    The question being “Shall SB 91 pass?”

    And the roll being called:

    Yeas 22, Nays 13, Excused 0, Absent 0

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

    Nays:
Cronin; Frerichs; Heinert; Kennedy; Killer; Kolbeck; Langer; Maher; Nesiba; Peters; Rusch; Sutton; White

    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.



    Sen. Curd moved that SB 33 and 35 be deferred to Monday, February 6th, the 17th legislative day.

    Which motion prevailed.

    Sen. Curd moved that SB 27 be deferred to Thursday, February 2nd, the 15th legislative day.

    Which motion prevailed.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

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

    Sen. Curd moved that Sen. Maher's pending motion to amend HB 1069 as found on page 225 of the Senate Journal be laid on the table.

    Which motion prevailed.

    Sen. Heinert rose to a point of order invoking J.R. 1B-2.

    The President ruled in accordance with J.R. 1B-4 that Chapter 1B deals with public conduct and compliance with the standards of conduct, not the legislative procedure.

    Therefore, the President ruled against the Point of Order in accordance with J.R. 1-3.

    Sen. Sutton appealed the ruling of the President.

    The ruling of the President was sustained.

1069ja

    Sen. Sutton moved that HB 1069 be amended as follows:

    On page 39 of the House engrossed bill, delete lines 23 and 24.

    On page 40, delete line 1.


    Sen. Sutton requested a roll call vote.

    Which request was supported.

    The question being on Sen. Sutton's motion that HB 1069 be amended.

    And the roll being called:

    Yeas 9, Nays 26, Excused 0, Absent 0

    Yeas:
Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Russell; Soholt; Sutton

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

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

1069wc

    Sen. Nelson moved that HB 1069 be amended as follows:

    On page 16 of the House engrossed bill, delete lines 5 to 8, inclusive, and insert:

"

            (a)    Identifies the name and address or website of the person or organization making the independent expenditure;

            (b)    States that the communication is an independent expenditure independently".

    On page 16, delete line 12, and insert:
"
            (c)(b)    If the an independent expenditure is undertaken by an organization".

    On page 18, line 7, delete "the name, street address, city,".

    On page 18, line 8, delete "and state of the person or organization and,".

    On page 20, line 23, delete everything after "party," .

    On page 20, delete line 24.

    On page 21, delete lines 1 to 4, inclusive.

    On page 21, line 5, delete "If" and insert "and if".

    Sen. Nelson requested a roll call vote.

    Which request was supported.

    The question being on Sen. Nelson's motion that HB 1069 be amended.

    And the roll being called:

    Yeas 8, Nays 27, Excused 0, Absent 0

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

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

    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 “Shall HB 1069 pass as amended?”

    Sen. Nelson rose to a point of order invoking J.R. 12-1 and Mason's Manual of Legislative Procedure Section 521, paragraphs 2 and 3.

    The President ruled against the Point of Order.

    And the roll being called:

    Sen. Nelson rose to a point of order invoking Mason's Manual of Legislative Procedure Section 522, paragraph 1.

    The President ruled against the Point of Order.

    Sen. Nelson appealed the ruling of the President.

    The ruling of the President was sustained.



    Yeas 27, Nays 8, Excused 0, Absent 0

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

    Nays:
Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Russell; Sutton

    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.

    Sens. Nelson and Russell announced their intention to file a letter of dissent and protest pursuant to Joint Rule 1-10.

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;

    Delete lines 13 through 36; Dissent and Protest to Passage of HB 1069; 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.

    (Journal Correction: See page 754 of the Senate Journal)

Respectfully submitted,                Respectfully submitted,
Senator Stace Nelson                    Senator Lance Russell



    Sens. Sutton and Heinert announced their intention to file a letter of dissent and protest pursuant to Joint Rule 1-10.

COMMEMORATIONS

    SC 18 Introduced by: Senators Solano, Cronin, Ewing, Frerichs, Haverly, Kennedy, Kolbeck, Monroe, Nesiba, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Soholt, Stalzer, Tapio, White, and Youngberg and Representatives McPherson, Beal, Campbell, Chase, Conzet, Dennert, DiSanto, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haugaard, Holmes, Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Lust, McCleerey, Otten (Herman), Pischke, Rasmussen, Reed, Rhoden, Schoenfish, Smith, Steinhauer, Tieszen, and York

        A LEGISLATIVE COMMEMORATION, Recognizing and congratulating Jonathon A. Brown of Boy Scout Troop 1187 for achieving the rank of Eagle Scout.

    WHEREAS, Jonathon A. Brown, of Rapid City, South Dakota, has completed the necessary requirements and has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout;

    WHEREAS, the Eagle Scout Award is the highest rank a young man can achieve within the Boy Scouts of America, and Jonathon was made an official Eagle Scout on September 28, 2016;

    WHEREAS, Jonathon has shown steady and persistent progress through the ranks to achieve this prestigious award and has taken an oath to be trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent;

    WHEREAS, Jonathon was honored by an Eagle Scout Court of Honor in November 2016 at the Bethlehem Lutheran Church in Rapid City, South Dakota; and

    WHEREAS, Jonathon has shown exemplary performance, outstanding character, leadership, loyalty, dedication, and commitment in the Boy Scouts of America:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes and congratulates Jonathon A. Brown, a member of Boy Scout Troop 1187, for achieving the elevated rank of Eagle Scout.

    Sen. Tapio moved that the Senate do now adjourn, which motion prevailed and at 5:25 p.m. the Senate adjourned.

Kay Johnson, Secretary


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