Senate Journal 3/3/2016 01:30 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION

THIRTY-SECOND DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, March 3, 2016

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

The prayer was offered by the Chaplain, Pastor Sarah Goldammer, followed by the Pledge of Allegiance led by Senate page Joshua Weinheimer.

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 thirty-first 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,

Gary Cammack, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 3, 2016

Mr. President and Members of the Senate:

I have the honor to inform you that on March 3, 2016, I approved Senate Bill 38, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 3, 17, 42, 50, 55, 74, 79, 80, 97, 116, and 150 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 16, 23, 34, 53, 59, 71, 73, and 75 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m., March 3, 2016.

Respectfully submitted,
Gary Cammack, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1242 and returns the same with the recommendation that said bill be amended as follows:

1242ra

On the House Commerce and Energy Committee engrossed 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) "Protected consumer," a person who is under the age of sixteen years at the time a request for the placement of a security freeze is made or an incapacitated person or a protected person for whom a guardian or conservator has been appointed;

(2) "Record," a compilation of information that is created by a consumer reporting agency solely for the purpose of complying with this section, identifies a protected consumer, and may not be used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living;

(3) "Representative," a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer;

(4) "Security freeze," a notice placed on a consumer's credit report that prohibits a consumer reporting agency from releasing the consumer's credit report relating to the extension of credit involving that consumer's report, without the express authorization of the protected person's representative;

(5) "Sufficient proof of authority," documentation that shows a representative has authority to act on behalf of a protected consumer and includes an order issued by a court of law, a lawfully executed and valid power of attorney, or a notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer;

(6) "Sufficient proof of identification," information or documentation that identifies a protected consumer or a representative of a protected consumer and includes a social security number or a copy of a social security card issued by the social security administration, a certified or official copy of a birth certificate, or a copy of a driver license, an identification card issued by the motor vehicle administration, or any other government issued identification.

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

A consumer reporting agency shall place a security freeze for a protected consumer if the agency receives a request from the protected consumer's representative for the placement of the security freeze under this section and the protected consumer's representative:

(1) Submits the request to the agency in the manner specified by the agency;

(2) Provides to the agency sufficient proof of identification of the protected consumer and the representative;

(3) Provides to the agency sufficient proof of authority to act on behalf of the protected consumer; and

(4) Pays to the agency a fee as provided in section 9 of this Act.

If a consumer reporting agency does not have a file pertaining to a protected consumer when the consumer reporting agency receives a request under this section, the consumer reporting agency shall create a record for the protected consumer.

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

This Act does not apply to the use of a protected consumer's credit report or record by:

(1) A person administering a credit file monitoring subscription service to which the protected consumer has subscribed or the representative of the protected consumer has subscribed on behalf of the protected consumer;

(2) A person providing the protected consumer or the protected consumer's representative with a copy of the protected consumer's credit report on request of the protected consumer or the protected consumer's representative; or

(3) A check services or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar payment methods;

(4) A deposit account information service company that issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding a consumer to inquiring financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring financial institution;

(5) An insurance company for the purpose of conducting its ordinary business;

(6) A consumer reporting agency that acts only to resell credit information by assembling and merging information contained in a database of one or more consumer reporting agencies and does not maintain a permanent database of credit information from which new credit reports are produced; and

(7) A consumer reporting agency's database that consists of information used for criminal record information, fraud prevention or detection, personal loss history information, or employment, tenant, or individual background screening, but not for credit granting services.

Section 4. That the code be amended by adding a NEW SECTION to read:

Within thirty days after receiving a request that meets the requirements of this Act, a consumer reporting agency shall place a security freeze for the protected consumer.

Section 5. That the code be amended by adding a NEW SECTION to read:

Unless a security freeze for a protected consumer is removed in accordance with sections 7 or 10 of this Act, a consumer reporting agency may not release the protected consumer's credit

report, any information derived from the protected consumer's credit report, or any record created for the protected consumer.

Section 6. That the code be amended by adding a NEW SECTION to read:

A security freeze for a protected consumer placed under section 4 of this Act shall remain in effect until:

(1) The protected consumer or the protected consumer's representative requests the consumer reporting agency to remove the security freeze in accordance with section 7 of this Act; or

(2) The security freeze is removed in accordance with section 10 of this Act.

Section 7. That the code be amended by adding a NEW SECTION to read:

If a protected consumer or a protected consumer's representative wishes to remove a security freeze for the protected consumer, the protected consumer or the protected consumer's representative shall submit a request for the removal of the security freeze to the consumer reporting agency in the manner specified by the agency. If the request is made by the protected consumer, the requestor shall provide to the consumer reporting agency proof that the authority for the protected consumer's representative is no longer valid and sufficient proof of the identification of the protected consumer. If the request is made by the protected consumer's representative, the requestor shall provide to the consumer reporting agency sufficient proof of identification of the protected consumer and the representative, and sufficient proof of authority to act on behalf of the protected consumer.

The requestor shall pay to the consumer reporting agency a fee as provided in section 9 of this Act.

Section 8. That the code be amended by adding a NEW SECTION to read:

Within thirty days after receiving a request that meets the requirements of section 7 of this Act, the consumer reporting agency shall remove the security freeze for the protected consumer.

Section 9. That the code be amended by adding a NEW SECTION to read:

A consumer reporting agency may charge a reasonable fee, not exceeding five dollars, for each placement or removal of a security freeze for a protected consumer. However, no consumer reporting agency may charge a fee under this section if the protected consumer's representative provides a police report or affidavit of alleged identity fraud against the protected consumer to the consumer reporting agency, or a request for the placement or removal of a security freeze is for a protected consumer who is under the age of sixteen years at the time of the request, and the agency has a consumer report pertaining to the protected consumer. No consumer reporting agency may charge a fee for any other service performed under this Act.

Section 10. That the code be amended by adding a NEW SECTION to read:

A consumer reporting agency may remove a security freeze for a protected consumer or delete a record of a protected consumer if the security freeze was placed or the record was created based on a material misrepresentation of fact by the protected consumer or the protected consumer's representative."

1242rta

On page 1, line 1, of the House engrossed bill, delete everything after "authorize" and insert "certain persons to request a security freeze on the credit report of a protected consumer.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1091 and returns the same with the recommendation that said bill be amended as follows:

1091fc

On page 5, line 14, of the House engrossed bill, delete "and".

On page 5, line 15, after "(2)" insert "Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4; and

(3)".

On page 5, line 24, after "(2)" insert "Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4; and

(3)".

On page 9, line 13, delete "potentially".

On page 12, after line 8, insert:

" Section 24. That the code be amended by adding a NEW SECTION to read:

Nothing in this Act may be construed to limit further regulation of a transportation network company enacted by a municipality or county. However, no municipality or county may enact further regulations relating to the insurance requirements provided in this Act.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1134 and returns the same with the recommendation that said bill be amended as follows:

1134fc

On page 1, line 5, of the House Judiciary Committee engrossed bill, before "Each" insert "The provisions of this section only apply to a project which requires a siting permit pursuant to chapter 49-41B.".

On page 1, delete lines 10 and 11, and insert

(1) Have filed a siting permit application with the public utilities commission pursuant to § 49-41B-11;".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1139 which was tabled.

Respectfully submitted,
R. Blake Curd, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1118 and 1146 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Kevin V. Schieffer of Lincoln County, Sioux Falls, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration HB 1112 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1029, 1046, 1061, and 1203 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1141 and HCR 1007.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Cronin, Dryden, and Hawley as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 132.

Also MR. PRESIDENT:

I have the honor to return herewith SB 3, 42, 50, 55, 74, 79, 80, 97, 116, and 150 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to return herewith SB 5, 22, 45, 54, and 58 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 4 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 Kallie Carey, John Eilertson, Joanna Hancock, Trey Jones, Kassidy Kitzmiller, Lynsey Klunder, Shale Kramme, Zachary Renshaw, Andrew Silva, Megan Simon, Joshua Weinheimer.

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. Parsley moved that Senate Page Resolution 4 be adopted.

The question being on Sen. Parsley's motion that Senate Page Resolution 4 be adopted.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

Yeas:
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

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

Sen. Brown moved that HB 1043 and 1044 be placed to follow 1005 on today's calendar.

Which motion prevailed.

Sen. Brown moved that HB 1110 be placed to follow 1204 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

State Affairs on HB 1060 as found on page 501 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1029: FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Health to fund the rural residency 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 and placed it on the calendar of Monday, March 7^th, the 33^rd legislative day.

HB 1046: FOR AN ACT ENTITLED, An Act to make an appropriation to the railroad trust fund and to declare an emergency.

HB 1061: FOR AN ACT ENTITLED, An Act to provide a tuition benefit to certain teachers who enroll in courses under the management and control of the Board of Regents that are not subsidized by the general fund.

HB 1203: FOR AN ACT ENTITLED, An Act to pay off bonds and make certain other changes necessary to effectuate a tuition freeze by the Board of Regents and the technical institutes, to make an appropriation therefor, and to declare an emergency.

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Heinert requested that HB 1218 be removed from the Consent Calendar.

Pursuant to Senate Rule 6-1, the President removed HB 1190 from the Consent Calendar.

HB 1132: FOR AN ACT ENTITLED, An Act to require the submission of sexual assault kits for testing.

Was read the second time.

The question being "Shall HB 1132 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1153: FOR AN ACT ENTITLED, An Act to allow parties to agree to resolve an eminent domain dispute by mediation.

Was read the second time.

The question being "Shall HB 1153 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1167: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of a suspended imposition of sentence for a misdemeanor and a felony.

Was read the second time.

The question being "Shall HB 1167 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1243: FOR AN ACT ENTITLED, An Act to prohibit the unauthorized sharing of certain private images on the internet.

Was read the second time.

The question being "Shall HB 1243 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1099: FOR AN ACT ENTITLED, An Act to revise certain campaign finance provisions.

Was read the second time.

The question being "Shall HB 1099 pass?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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 1224: FOR AN ACT ENTITLED, An Act to facilitate participation by South Dakota residents in an ABLE savings program.

Was read the second time.

The question being "Shall HB 1224 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1094: FOR AN ACT ENTITLED, An Act to increase the commercial fertilizer inspection fee for purposes of fertilizer-related research and education and to create the Nutrient Research and Education Council to promote such research and education.

Was read the second time.

The question being "Shall HB 1094 pass as amended?"

And the roll being called:

Yeas 28, Nays 6, Excused 1, Absent 0

Yeas:
Bradford; Cammack; Curd; Ewing; Fiegen; Frerichs; Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Vehle; White

Nays:
Brown; Greenfield (Brock); Jensen (Phil); Omdahl; Sutton; Van Gerpen

Excused:
Buhl O'Donnell

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 1042: FOR AN ACT ENTITLED, An Act to establish the trust company receivership and liquidation captive insurance company fund and to make an appropriation therefor.

Was read the second time.

The question being "Shall HB 1042 pass as amended?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Jensen (Phil); Monroe

Excused:
Buhl O'Donnell

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 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning road districts.

Was read the second time.

The question being "Shall HB 1127 pass?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

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

Nays:
Holien; Monroe

Excused:
Buhl O'Donnell

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 1045: FOR AN ACT ENTITLED, An Act to revise certain reversion provisions relating to the General Appropriations Act for fiscal year 2013.

Was read the second time.

The question being "Shall HB 1045 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bradford; Brown; 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

Excused:
Buhl O'Donnell

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 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning tax incentives for certain energy facilities.

Was read the second time.

The question being "Shall HB 1177 pass as amended?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Bradford; Brown; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; 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:
Jensen (Phil)

Excused:
Buhl O'Donnell

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 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 second time.

The question being "Shall HB 1204 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Buhl O'Donnell

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 HB 1005, 1043, 1044, 1079, 1110, 1143, 1144, 1145, and 1157 be deferred to Monday, March 7^th, the 33^rd 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 Judiciary respectfully reports that it has had under consideration HB 1078 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 HB 1064, 1068, and 1244 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1088 and returns the same with the recommendation that said bill be amended as follows:

1088yd

On page 1, line 8, of the House Judiciary Committee engrossed bill, after "34-20B" insert ", 22-8,".

On page 2, line 6, after "34-20B-70(4)" delete "or" and insert ",".

On page 2, line 6, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".

On page 2, line 12, after "34-20B-70(4)" delete "or" and insert ",".

On page 2, line 12, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".

On page 2, line 22, after "34-20B-70(4)" delete "or" and insert ",".

On page 2, line 12, after "22-24A-15(4)," insert "or subdivision (4) of section 23 of this Act,".

On page 3, line 10, delete "and".

On page 3, line 11, after "inclusive," insert "and chapter 22-8,".

On page 4, line 21, after "(7)" insert ",".

On page 4, line 22, after "section 1" insert "and subdivisions (4), (6), and (7) of section 23".

On page 5, line 18, after "(7)" insert ",".

On page 5, line 19, after "(7)" insert ", or subdivisions (2), (3), (5), (6), and (7) of section 23 of this Act,".

On page 6, line 7, after "section1" insert "or subdivision (4) of section 23".

On page 6, line 7, after "Act" insert ",".

On page 6, line 7, after "34-20B-70(4)" insert ",".

On page 8, line 14, after "If" insert "seized pursuant to a violation of § 22-8-12 or 22-8-13, or if".

On page 11, between lines 22 and 23, insert:

" Section 23. That chapter 22-8 be amended by adding a NEW SECTION to read:

Any person who is convicted of an offense under § 22-8-12 or 22-8-13 shall forfeit to the state, pursuant to this Act, the person's interest in the following and no property right exists in them:

(1) Any photograph, film, videotape, book, digital media, or visual depiction that has been manufactured, distributed, purchased, possessed, acquired, or received in violation of § 22-8-12 or 22-8-13;

(2) Any material, product, and equipment of any kind that is used or intended for use in manufacturing, processing, publishing, selling, possessing, or distributing any communication prohibited by § 22-8-12 or 22-8-13;

(3) Any property that is used, or intended for use, as a container for property described in subdivisions (1) and (2) of this section, including any computers and digital media;

(4) Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal, or that is used, or intended for use, to transport, or in any manner facilitate any activity proscribed under § 22-8-12 or 22-8-13;

(5) Any book, record, and research, including microfilm, tape, and data that is used, or intended for use, in violation of § 22-8-12 or 22-8-13;

(6) Any funds or other things of value used for the purposes of unlawfully carrying out any activity proscribed by § 22-8-12 or 22-8-13; and

(7) Any asset, interest, profit, income, and proceed acquired or derived from the unlawful activity proscribed by § 22-8-12 or 22-8-13.

Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state. Property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of section 14 of this Act. The property described in subdivision (4) is subject to forfeiture under the terms of section 15 of this Act.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Mark R. Smith of Hughes County, Pierre, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Patricia White Horse Carda of Charles Mix County, Wagner, South Dakota, to the Board of Pardons and Paroles and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment .

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1077 and 1225 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Craig Tieszen, Chair

SIGNING OF BILLS

The President publicly read the title to

SB 1: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Executive Board of the Legislative Research Council.

SB 3: FOR AN ACT ENTITLED, An Act to revise the income criteria for determining if property is classified as agricultural land for property tax purposes.

SB 6: FOR AN ACT ENTITLED, An Act to revise certain performance security requirements for public improvement contracts.

SB 17: FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

SB 24: FOR AN ACT ENTITLED, An Act to prohibit the sale of fetal body parts and to provide a penalty therefor.

SB 25: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning forfeiture of property interests of persons convicted of certain crimes.

SB 30: FOR AN ACT ENTITLED, An Act to provide that Department of Corrections employees are excluded from concealed weapons permit requirements when on duty and acting under the color of authority.

SB 42: FOR AN ACT ENTITLED, An Act to increase certain fees for boxing, kickboxing, and mixed martial arts competitions.

SB 50: FOR AN ACT ENTITLED, An Act to revise the allocation of certain fees collected by the Department of Corrections.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the HOPE probation program.

SB 74: FOR AN ACT ENTITLED, An Act to authorize members of certain governing bodies who are displaced by a natural disaster to continue their term of office.

SB 79: FOR AN ACT ENTITLED, An Act to expand the list of professionals authorized to perform certain examinations required for a plea of guilty but mentally ill.

SB 80: FOR AN ACT ENTITLED, An Act to limit certain liability for hosts of fishing tournaments.

SB 97: FOR AN ACT ENTITLED, An Act to provide for the automatic removal of all petty offenses, municipal ordinance violations, and Class 2 misdemeanor charges or convictions from background check records after ten years under certain conditions.

SB 102: FOR AN ACT ENTITLED, An Act to allow certain alcoholic beverage licenses and special event alcoholic beverage licenses to be issued on certain lands and facilities located on state educational institution campuses.

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.

SB 116: FOR AN ACT ENTITLED, An Act to remove any reference to land ownership being a requirement for participation in any actions pertaining to the creation of or withdrawal from a water development district.

SB 118: FOR AN ACT ENTITLED, An Act to exempt certain purchases from certain bidding requirements.

SB 150: FOR AN ACT ENTITLED, An Act to revise provisions related to the legislative intern program.

And signed the same in the presence of the Senate.

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

Kay Johnson, Secretary