Senate Journal 2/19/2016 01:30 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, February 19, 2016

The Senate convened at 1:30 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Sarah Goldhammer, followed by the Pledge of Allegiance led by Senate page Autumn Simon.

Roll Call: All members present except Sens. Holien and Ewing 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-third 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,

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

February 18, 2016

Mr. President and Members of the Senate:

I have the honor to inform you that on February 18, 2016, I approved Senate Bills 10, 11, 14, 18, 20, and 68, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 154 and 158 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 SB 157 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1102, 1108, and 1117 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Ried Holien, Vice Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 133 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 131 and returns the same with the recommendation that said bill be amended as follows:

On page 22 of the printed bill, delete lines 4 to 10, inclusive, and insert:

" Section 23. That the code be amended by adding a NEW SECTION to read:

There is hereby created the School Finance Accountability Board within the Department of Education. The board shall consist of five members appointed by the Governor. The members shall serve a term of four years.

The board may recommend that the provisions of section 24 of this Act be waived for a school district if the district can demonstrate that its lowest monthly general cash fund cash balance percentage is the result of special circumstances.

The board may recommend that a penalty against a school district imposed under section 27 of this Act be waived, in whole or in part, if the district can demonstrate that its failure to comply with section 27 of this Act is due to special circumstances.

The School Finance Accountability Board shall promulgate rules pursuant to chapter 1-26 to establish the appeals process provided for in section 27 of this Act, and to establish the factors that may be considered in considering a waiver requested by a school district, which shall include the impact of retirements.

Any waivers of sections 24 or 27 of this Act recommended by the School Finance Accountability Board must be approved by the Joint Committee on Appropriations or the Interim Committee on Appropriations. The Department of Education shall annually report to the Governor and the Legislature the information collected pursuant to § 13-8-47 and section 27 of this Act.".

On page 22, delete lines 23 and 24, insert:

" Section 26. That § 13-8-47 be amended to read:

13-8-47. Before the first day of August every school board shall file an annual report with the Department of Education. The report shall contain all the educational and financial information and statistics of the school district as requested in a format established by the Department of Education. The report shall also contain, for each month of the fiscal year, the month-end cash balances of the school district's general fund, capital outlay fund, pension fund, and special education fund. The report shall also contain the following information for the district from the preceding fiscal year:

(1) Total teacher compensation, which is defined as the total amount spent on instructional salaries and benefits for certified instructional staff;

(2) The total amount spent on instructional salaries for certified instructional staff;

(3) The total amount spent on benefits for certified instructional staff;

(4) The total number of certified instructional staff employed by the school district; and

(5) Any other information necessary to comply with the provisions of this Act.

The business manager, with the assistance of the secretary of the Department of Education, shall make the annual report, and it shall be approved by the school board. The business manager shall sign the annual report and file a copy with the Department of Education as provided in § 13-13-37. The division shall audit the report and return one copy to the school district.

Reports not filed prior to August thirtieth are considered past due and are subject to the past-due provisions of § 13-13-38.

Section 27. That the code be amended by adding a NEW SECTION to read:

The Department of Education shall calculate the following for each school district:

(1) The average teacher salary, based on data collected pursuant to §§ 13-8-47 and 13-3-51;

(2) The increase in state aid to general education funding, excluding any effect due to change in the school district's fall enrollment and less the amount of revenue generated in school fiscal year 2016 pursuant to § 13-10-6 as a percentage increase, from fiscal year 2016 to fiscal year 2017; and

(3) The increase in average teacher compensation as a percentage increase, as defined in § 13-8-47, from fiscal year 2016 to fiscal year 2017.

For each school district, the district's increase in average teacher compensation from fiscal year 2016 to 2017 shall be equal to at least eighty-five percent of the district's increase in state aid to general education funding, as defined in subdivision (2), from fiscal year 2016 to fiscal year 2017.

If a district fails to comply with the requirements of this section, state aid to general education funding to the district in fiscal year 2018 shall be decreased by an amount equal to fifty percent of the amount calculated in subdivision (2). For fiscal years 2019, 2020, and 2021, if a district's average teacher compensation is less than the district's average teacher compensation in fiscal year 2017, state aid to general education funding to the district in the following fiscal year shall be reduced by an amount equal to five hundred dollars for each teacher employed in the school district.

A school district may request a waiver from any penalty imposed under this section from the School Finance Accountability Board.".

On page 1, line 1, of the printed bill, after "ratio" insert ",".

On page 1, delete line 2, and insert "to revise certain provisions regarding education funding, to create the School Finance Accountability Board, and to provide for certain school district reporting and penalties.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 112 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

"
Section 1. That § 11-9-23 be amended to read:

11-9-23. If the municipality adopts an amendment to the original project plan for any district~~, which~~ that includes additional project costs ~~for~~ which ~~tax increments may be received by the municipality, the tax incremental base for the district~~ will be incurred before the expiration of the period specified in § 11-9-13 and the additional project costs do not exceed thirty-five percent of the amount approved within the original project plan, the amendment shall be made pursuant to § 11-9-18. An amendment to the original project plan that includes additional project costs at least part of which will be incurred after the expiration of the period specified in § 11-9-13 shall be redetermined pursuant to § 11-9-20. The tax incremental base as redetermined under this section is effective for the purposes of this chapter only if it exceeds the original tax incremental base determined under § 11-9-20. "

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

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That § 5-18A-22 be amended to read:

5-18A-22. The provisions of this chapter and chapters 5-18B, 5-18C, and 5-18D do not apply to:

(1) Any highway construction contract entered into by the Department of Transportation;

(2) Any contract for the purchase of supplies from the United States or its agencies or any contract issued by the General Services Administration;

(3) Any purchase of supplies or services, other than professional services, by purchasing agencies from any active contract that has been awarded by any government entity by competitive sealed bids or competitive sealed proposals or from any contract that was competitively solicited and awarded within the previous twelve months;

(4) Any equipment repair contract;

(5) Any procurement of electric power, water, or natural gas; chemical and biological products; laboratory apparatus and appliances; published books, maps, periodicals and technical pamphlets; works of art for museum and public display; medical supplies; communications technologies, computer hardware and software, peripheral equipment, and related connectivity; tableware or perishable foods;

(6) Any supplies, services, and professional services required for externally funded research projects at institutions under the control of the Board of Regents;

(7) Any property or liability insurance or performance bonds, except that the actual procurement of any insurance or performance bonds by any department of the state government, state institution, and state agency shall be made under the supervision of the Bureau of Administration;

(8) Any supplies needed by the Department of Human Services or the Department of Social Services or prison industries for the manufacturing of products;

(9) Any printing involving student activities, conducted by student organizations and paid for out of student fees, at institutions under the control of the Board of Regents. However, nothing in this subdivision exempts, from the requirements of this chapter and chapters 5-18B, 5-18C, and 5-18D, purchases that involve printing for other activities at institutions under the control of the Board of Regents;

(10) Any purchase of surplus property from another purchasing agency;

(11) Any animals purchased;

(12) Any purchase by a school district of perishable food, raw materials used in construction or manufacture of products for resale, or for transportation of students;

(13) Any authority authorized by chapters 1-16A, 1-16B, 1-16E, 1-16G, 1-16H, 1-16J, 5-12, or 11-11;

(14) Any seeds, fertilizers, herbicides, pesticides, feeds, and supplies used in the operation of farms by institutions under the control of the Board of Regents;

(15) Any purchase of supplies for any utility owned or operated by a municipality if the purchase does not exceed the limits established in § 5-18A-14;

(16) For political subdivisions, any contract for asbestos removal in emergency response actions and any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services and engineering, insurance, real estate services, or auction services;

(17) Any purchase of supplies or services from a contract established through a Midwestern Higher Education Compact group purchasing program by a competitive sealed bid or a competitive sealed proposal; or

(18) Any contract concerning the custody, management, purchase, sale, and exchange of fund investments and research by the State Investment Council or Division of Investment; or

(19) Any purchase of equipment involving the expenditure of less than fifty thousand dollars. "

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

Respectfully submitted,
Gary Cammack, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1024, 1177, 1204, 1238, and 1244 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 3 Introduced by: Senators Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield, Brock; Haggar, Jenna; Haverly; Heineman, Phyllis; Heinert; Holien; Hunhoff, Bernie; Jensen, Phil; Monroe; Novstrup, David; Olson; Omdahl; Otten, Ernie; Parsley; Peters; Peterson, Jim; Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-first Legislature of the State of South Dakota to Katherine Bogue, Ryder Heitz, Grace Jensen, Jessica Johnson, Haley Ketteler, Emily Schmitz, Autumn Simon, Lacy Steiger, Melissa Wollman.

WHEREAS, the above named served loyally as pages for the Senate of the Ninety-first Legislative Session; and

WHEREAS, the members of the Ninety-first Senate express their most sincere appreciation to these young people for their service to the state; and

WHEREAS, the members extend to these young people their wishes for every success in life:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-first Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

Sen. Olson moved that Senate Page Resolution 3 be adopted.

The question being on Sen. Olson's motion that Senate Page Resolution 3 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Excused:
Ewing; Holien

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on SB 44 as found on page 346 of the Senate Journal; also

Education on SB 69 as found on page 333 of the Senate Journal; also

Joint Committee on Appropriations on SB 16 as found on page 330 of the Senate Journal; also

Senate Committee on Appropriations on HB 1208 as found on page 331 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1024: FOR AN ACT ENTITLED, An Act to make an appropriation for the maintenance and repair of state owned dams 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 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incentives for certain energy facilities.

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

HB 1204: FOR AN ACT ENTITLED, An Act to provide a sales and use tax exemption for certain nonprofit corporations created for the purpose of fire protection.

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

HB 1238: FOR AN ACT ENTITLED, An Act to revise the powers and duties of the Executive Board of the Legislative Research Council.

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

HB 1244: FOR AN ACT ENTITLED, An Act to revise provisions related to the sex offender registry

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

CONSIDERATION OF CONSENT EXECUTIVE AND JUDICIAL APPOINTMENTS

The Senate proceeded to the consideration of the judicial appointment of Charles P. Schroyer of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles.

The question being "Does the Senate advise and consent to the judicial appointment of Charles P. Schroyer pursuant to the judicial message as found on page 44 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive appointment of Susan Aguilar of Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive appointment of Susan Aguilar pursuant to the executive message as found on page 240 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive appointment of Scott Herman of Todd County, Mission, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive appointment of Scott Herman pursuant to the executive message as found on page 28 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive appointment of James Morgan of Brookings County, Brookings, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive appointment of James Morgan pursuant to the executive message as found on page 28 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive appointment of Robert J. Wilson of Larimer County, Fort Collins, Colorado, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive appointment of Robert J. Wilson pursuant to the executive message as found on page 29 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive reappointment of William S. Phillips of Meade County, New Underwood, South Dakota, to the Game, Fish and Parks Commission.

The question being "Does the Senate advise and consent to the executive reappointment of William S. Phillips pursuant to the executive message as found on page 239 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive reappointment of Wanda J. Blair of Meade County, Vale, South Dakota, to the State Brand Board.

The question being "Does the Senate advise and consent to the executive reappointment of Wanda J. Blair pursuant to the executive message as found on page 256 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive reappointment of Terry Sabers of Davison County, Mitchell, South Dakota, to the South Dakota Board of Education.

The question being "Does the Senate advise and consent to the executive reappointment of Terry Sabers pursuant to the executive message as found on page 240 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive reappointment of Randy Schaefer of Lake County, Madison, South Dakota, to the State Board of Regents.

The question being "Does the Senate advise and consent to the executive reappointment of Randy Schaefer pursuant to the executive message as found on page 30 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive reappointment of Dr. Ani Aprahamian of Notre Dame, Indiana, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Dr. Ani Aprahamian pursuant to the executive message as found on page 29 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

The Senate proceeded to the consideration of the executive reappointment of Casey Peterson of Pennington County, Rapid City, South Dakota, to the South Dakota Science and Technology Authority.

The question being "Does the Senate advise and consent to the executive reappointment of Casey Peterson pursuant to the executive message as found on page 30 of the Senate Journal?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1207: FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real estate at the Human Services Center and to provide for the deposit of the proceeds.

Was read the second time.

The question being "Shall HB 1207 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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 1090: FOR AN ACT ENTITLED, An Act to require certain statements and audits concerning insurance pooling arrangements to be filed with the Department of Legislative Audit.

Was read the second time.

The question being "Shall HB 1090 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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 109: FOR AN ACT ENTITLED, An Act to require counties to conduct random checkpoints for overweight vehicles as a condition of receiving funds from the bridge improvement grant fund.

Was read the second time.

The question being "Shall SB 109 pass as amended?"

And the roll being called:

Yeas 13, Nays 20, Excused 2, Absent 0

Yeas:
Heineman (Phyllis); Hunhoff (Bernie); Monroe; Novstrup (David); Omdahl; Parsley; Peters; Rampelberg; Rusch; Shorma; Tidemann; Tieszen; Vehle

Nays:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heinert; Jensen (Phil); Olson; Otten (Ernie); Peterson (Jim); Soholt; Solano; Sutton; Van Gerpen; White

Excused:
Ewing; Holien

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

SB 45: FOR AN ACT ENTITLED, An Act to revise certain provisions of the building South Dakota fund programs.

Was read the second time.

Sen. Brown moved that SB 45 be amended as follows:

On page 2, line 8, of the Senate State Affairs Committee engrossed bill, after "Development" insert "and the approval of the Joint Committee on Appropriations".

On page 2, line 11, delete everything after "transfer" and insert ".".

On page 2, delete line 12.

Which motion prevailed.

The question being "Shall SB 45 pass as amended?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Greenfield (Brock); Jensen (Phil)

Excused:
Ewing; Holien

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 106: FOR AN ACT ENTITLED, An Act to provide for the collection of sales taxes from certain remote sellers, to establish certain Legislative findings, and to declare an emergency.

Was read the second time.

The question being "Shall SB 106 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Ewing; Holien

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.

SB 143: FOR AN ACT ENTITLED, An Act to require the Legislative Planning Committee to implement a performance management review process.

Was read the second time.

The question being "Shall SB 143 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Fiegen; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Hunhoff (Bernie); Novstrup (David); Omdahl; Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Van Gerpen; Vehle; White

Nays:
Greenfield (Brock); Jensen (Phil); Monroe; Olson; Otten (Ernie)

Excused:
Ewing; Holien

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. Brown moved that the balance of the calendar including SB 159 and HB 1007, 1201, 1187, 1120, 1136, and 1005 be deferred to Monday, February 22^nd, the 25^th legislative day.

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 Transportation respectfully reports that it has had under consideration SB 110, which was removed from the table, and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding motor vehicle fuel not specifically taxed under the fuel excise tax.".

On page 1 of the printed bill, delete lines 3 to 15, inclusive.

On page 2, delete lines 1 to 6, inclusive.

On page 2, line 14, delete "$.28" and insert "the fuel excise tax for motor fuel imposed by § 10-47B-4".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 127 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 6, of the printed bill, after "any" insert "nonpublic".

On page 2, line 15, delete "thirty" and insert "forty-five".

On page 2, line 18, remove the overstrikes from "~~shall~~".

On page 2, line 19, delete "may".

On page 2, line 19, remove the overstrikes from "~~or approved~~".

On page 2, line 24, delete "Thirty" and insert "Forty-five".

On page 4, remove the overstrikes from line 17.

On page 4, remove the overstrikes from line 18.

On page 4, line 18, overstrike "sixty" and insert "forty-five".

On page 4, line 21, remove the overstrikes from "~~or modification~~".

On page 4, line 22, delete everything before "within" and insert "of the standard crossing fee".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 146 which was tabled.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 152 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 72 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 21, of the printed bill, delete everything after "abortion" and insert "of an unborn child capable of feeling pain unless it is necessary to prevent a serious health risk to the unborn child's mother".

On page 2, delete line 22.

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

On page 7, after line 17 of the printed bill, insert:

" Section 10. That § 34-23A-4 be amended to read:

34-23A-4. An abortion may be performed following the twelfth week of pregnancy and ~~through the twenty-fourth~~ up to the twentieth week of pregnancy by a physician only in a hospital licensed under the provisions of chapter 34-12 or in a hospital operated by the United States, this state, or any department, agency, or political subdivision of either or in the case of hospital facilities not being available, in the licensed physician's medical clinic or office of practice subject to the requirements of § 34-23A-6.

Section 11. That § 34-23A-5 be amended to read:

34-23A-5. An abortion may be performed following the ~~twenty-fourth~~ twentieth week of pregnancy by a physician only in a hospital authorized under § 34-23A-4 and only if there is ~~appropriate and~~ reasonable medical judgment that performance of an abortion is necessary to preserve the life or health of the mother due to a serious health risk to the unborn child's mother.".

On page 2, line 20, of the printed bill, delete "Class 6 felony" and insert "Class 1 misdemeanor".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 171 and returns the same with the recommendation that said bill be amended as follows:

On the printed bill, delete everything after the enacting clause and insert:

" Section 1. That the code be amended by adding a NEW SECTION to read:

Terms used in this Act mean:

(1) "Cannabidiol," a nonpsychoactive cannabinoid found in the plant cannabis sativa L. or cannabis indica or any other preparation thereof that is essentially free from plant material, and has a tetrahydroconnabinol level of no more than three percent;

(2) "Intractable epilepsy," an epileptic seizure disorder for which standard medical treatment does not prevent or significantly reduce reoccurring, uncontrolled seizures or for which standard medical treatment results in harmful side effects;

(3) "Primary caregiver," a person, at least eighteen years of age, who has been designated by a patient's physician, or the patient, as being necessary to managing the well-being of the patient.

Section 2. That the code be amended by adding a NEW SECTION to read:

Upon proper and thorough examination of a patient, a physician may prescribe the use of cannabidiol in liquid, oil, or pill form for treatment of intractable epilepsy. Any patient diagnosed with intractable epilepsy may possess up to the amount of cannabidiol liquid, oil, or pills prescribed by a physician. A physician may not prescribe cannabidiol for illnesses other than intractable epilepsy.

Section 3. That the code be amended by adding a NEW SECTION to read:

A patient in possession of a valid cannabidiol prescription is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. A physician properly prescribing cannabidiol is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. A primary caregiver as defined in section 1 of this Act or a custodial parent of the patient may assist in the administering of the prescribed cannabidiol to the patient and is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. A pharmacist or other medical professional handling cannabidiol pursuant to this Act is not subject to prosecution pursuant to chapter 22-42, 22-42A, or 34-20B. However, improper possession or use of a valid cannabidiol prescription by any person is subject to prosecution pursuant to chapter 22-42 or 22-42A."

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "authorize the limited use of certain types of medical marijuana.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Bruce Rampelberg, Chair

SC 14 Introduced by: Senator Brown and Representatives Cronin and Harrison

A LEGISLATIVE COMMEMORATION, Congratulating Hunter Heinrich of Boy Scout Troop 357 for achieving the rank of Eagle Scout.

WHEREAS, Hunter Heinrich, of Eureka, has been examined by the Eagle Scout Board of Review and found worthy of the rank of Eagle Scout and has completed the necessary requirements; and

WHEREAS, the Eagle Scout Award is the highest rank a young man can achieve within the Boy Scouts of America, and Hunter was made an official Eagle Scout on December 14, 2015; and

WHEREAS, Hunter 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; and

WHEREAS, Hunter will be honored by an Eagle Scout Court of Honor on April 2, 2016, at the Zion American Lutheran Church in Eureka, South Dakota; and

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

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature recognizes and congratulates Hunter Heinrich, a member of Boy Scout Troop 357, for achieving the elevated rank of Eagle Scout.

Sen. Rusch moved that the Senate do now adjourn, which motion prevailed and at 2:47 p.m. the Senate adjourned.

Kay Johnson, Secretary