Senate Journal 3/7/2017 10:00 AM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, March 7, 2017

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

The prayer was offered by the Chaplain, Rev. Peggy Stempson, followed by the Pledge of Allegiance led by Senate page Kadon Leddy.

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-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,

Brock L. Greenfield, Chair

Which motion prevailed.

COMMUNICATIONS AND PETITIONS

March 7, 2017

Mr. President and Members of the Senate:

I have the honor to inform you that on March 6, 2017, I approved Senate Bills 51, 52, 64, 73, 83, 137, and 146, 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 22, 23, 43, 88, 90, 103, 117, 124, and 164 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 1, 6, 7, 11, 14, 15, 17, 18, 19, 34, 36, 49, 59, 63, 66, 68, 69, 70, 71, 74, 75, 77, 79, 82, 84, 86, 113, 118, 123, 131, 136, 140, 143, and 145 were delivered to his Excellency, the Governor, for his approval at 9:45 a.m., March 7, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 22, 23, 43, 88, 117, and 124 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 91 was lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 125 was lost on second reading and final passage.

Also MR. PRESIDENT:

I have the honor to return herewith SB 78, 80, 104, 141, and 172 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

SB 22: FOR AN ACT ENTITLED, An Act to exempt certain unmanned aircraft systems from the requirement to be registered as aircraft.

SB 23: FOR AN ACT ENTITLED, An Act to revise the authority of the Transportation Commission to make loans from the state highway fund to local governments for highway and bridge construction and maintenance purposes.

SB 43: FOR AN ACT ENTITLED, An Act to make an appropriation to expand intensive methamphetamine treatment services within the Department of Social Services and to declare an emergency.

SB 88: FOR AN ACT ENTITLED, An Act to revise the definition of an electric transmission facility.

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.

SB 103: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the process for truancy citations and formal petitions and to declare an emergency.

SB 117: FOR AN ACT ENTITLED, An Act to increase accountability in South Dakota's criminal justice system.

SB 124: FOR AN ACT ENTITLED, An Act to repeal the authority for the Department of Social Services to enter agreements related to the Refugee Act of 1980 and to require certain reports regarding services provided to and arrival of refugees.

SB 164: FOR AN ACT ENTITLED, An Act to revise the length of the maximum probationary period for juvenile probationers and to revise the conditions of a juvenile commitment to the Department of Corrections.

HB 1053: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the attorney recruitment assistance program.

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

HB 1071: FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before any high level nuclear waste may be processed or deposited within state boundaries.

HB 1077: FOR AN ACT ENTITLED, An Act to provide for the assignment of certain benefits in dental care insurance coverage.

HB 1083: FOR AN ACT ENTITLED, An Act to establish certain provisions for awarding grants and collecting surcharges related to the equal access to our courts fund.

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

HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval by the governing board of licenses for alcoholic beverages.

HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf carts on state highways.

HB 1118: FOR AN ACT ENTITLED, An Act to eliminate the need to prove the use of force, fraud, or coercion in the human trafficking of minors.

HB 1144: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding commercial driver license disqualification for refusing to submit to a chemical analysis.

HB 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain telecommunication services and devices.

HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding health coverage for applied behavior analysis.

HB 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the expiration of a permit and a warning ticket for carrying a concealed pistol while in possession of an expired permit.

And signed the same in the presence of the Senate.

Sen. Greenfield (Brock) moved that the Senate do now recess until 1:00 p.m., which motion prevailed and at 10:22 a.m., the Senate recessed.

The Senate reconvened at 1:00 p.m., the President presiding.

MOTIONS AND RESOLUTIONS

Sen. Solano moved that the Senate do concur in House amendments to SB 149.

Sen. Nesiba moved as a substitute motion that the Senate do not concur in House amendments to SB 149 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion lost.

The question being on Sen. Solano's pending motion that the Senate do concur in House amendments to SB 149.

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba; Peters; Sutton; Tidemann

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and the amendments were concurred in.

Sen. Rusch moved that the Senate do not concur in House amendments to SB 80 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Rusch, Nesiba, and Nelson.

Sen. Tidemann moved that the Senate do not concur in House amendments to SB 172 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

Which motion prevailed and the President announced as such committee Sens. Cammack, Cronin, and Frerichs.

Sen. Curd moved that HB 1179 be placed to follow HB 1014 on today's calendar.

Which motion prevailed.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 9:00 a.m. on Wednesday, March 8^th, the 35^th legislative day.

Which motion prevailed.

SCR 15: A CONCURRENT RESOLUTION, Commending President Donald J. Trump in his commitment to keeping the country safe from radical Islamic terrorism.

Was read the second time.

Sen. Tapio moved that SCR 15 as found on page 521 of the Senate Journal be adopted as amended on page 614 of the Senate journal.

Sen. Maher moved as a substitute motion that SCR 15 be laid on the table.

The question being on Sen. Maher's substitute motion that SCR 15 be laid on the table.

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Kolbeck; Nesiba; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White

Nays:
Curd; Greenfield (Brock); Jensen (Phil); Klumb; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Russell; Stalzer; Tapio; Wiik; Youngberg

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. Curd moved that the reports of the Standing Committees on

State Affairs on HB 1034 as found on page 630 of the Senate Journal; also

State Affairs on HB 1035 as found on page 632 of the Senate Journal; also

State Affairs on HB 1073 as found on page 633 of the Senate Journal be adopted.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Pam Roberts of Hughes County, Pierre, South Dakota, to the State Board of Regents.

The question being “Does the Senate advise and consent to the executive appointment of Pam Roberts pursuant to the executive message as found on page 32 of the Senate Journal?”

And the roll being called:

Yeas 23, Nays 11, Excused 1, Absent 0

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

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Maher; Nelson; Nesiba; Russell; Sutton; Tapio

Excused:
Greenfield (Brock)

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 Conrad T. Adam of Hughes County, Pierre, South Dakota, to the State Board of Regents.

The question being “Does the Senate advise and consent to the executive appointment of Conrad T. Adam pursuant to the executive message as found on page 33 of the Senate Journal?”

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Haverly; Klumb; Kolbeck; Langer; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Maher; Nesiba; Sutton

Excused:
Greenfield (Brock); Tapio

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1157: FOR AN ACT ENTITLED, An Act to create the agriculture future development fund, to provide for its administration, to establish the agriculture future development committee, and to provide funding for certain programs and projects.

Was read the second time.

Sen. Maher moved that HB 1157 be amended as follows:

On page 1 of the Senate Agriculture and Natural Resources Committee engrossed bill, delete lines 11 to 14, inclusive.

On page 2, delete lines 1 to 24, inclusive.

On page 3, delete lines 1 to 9, inclusive.

On page 3, line 20, delete "Section 5 of this Act" and insert "Section 2 of this Act".

Which motion prevailed.

The question being “Shall HB 1157 pass as amended?”

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Cronin; Jensen (Phil); Russell; Wiik

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

The question being on the title.

Sen. Maher moved that the title to HB 1157 be amended as follows:

On page 1, line 1, of the Senate Agriculture and Natural Resources Committee engrossed bill, delete everything after "fund".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

HB 1034: FOR AN ACT ENTITLED, An Act to establish certain fees for receiving electronic files of petitions, to revise certain provisions concerning filing petitions and other documents, and to revise certain provisions concerning elections and voting.

Was read the second time.

Sen. Bolin moved that HB 1034 be amended as follows:

On page 9, after line 4 of the Senate State Affairs Committee engrossed bill, insert:

" Section 11. That § 12-13-23 be amended to read:

12-13-23. The secretary of state shall distribute public information on any constitutional amendment, initiated, or referred measure submitted to the electors for approval. The secretary of state shall compile the public information by printing a statement in support of the constitutional amendment, initiated, or referred measure written by its proponents, if any can be identified, and a statement against the constitutional amendment, initiated, or referred measure written by its opponents, if any can be identified. The secretary of state is not responsible for the contents, objectivity, or accuracy of the statements written by the proponents and opponents. The pamphlet shall also include the attorney general's title, explanation, and a clear and simple recitation of the effect of a "Yes" or "No" vote; number of pages and sections in the proposed or referred language; and, if applicable, a prison or jail population cost estimate and fiscal note. ".

Which motion prevailed.

Sen. Nesiba moved that HB 1034 be amended as follows:

On page 3, line 6, of the Senate State Affairs Committee engrossed bill, overstrike "No" and insert "A".

Which motion lost.

The question being “Shall HB 1034 pass as amended?”

And the roll being called:

Yeas 17, Nays 17, Excused 1, Absent 0

Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Heinert; Kennedy; Killer; Klumb; Maher; Nesiba; Netherton; Novstrup; Rusch; Stalzer; Sutton; White

Nays:
Cammack; Greenfield (Brock); Haverly; Jensen (Phil); Kolbeck; Langer; Monroe; Otten (Ernie); Partridge; Peters; Russell; Soholt; Solano; Tapio; Tidemann; Wiik; Youngberg

Excused:
Nelson

The President voted Yea.

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 1035: FOR AN ACT ENTITLED, An Act to revise and provide certain procedures for filing, certifying, and challenging petitions.

Was read the second time.

The question being “Shall HB 1035 pass as amended?”

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

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

Nays:
Monroe

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 1073: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding gifts from registered lobbyists to public officials.

Was read the second time.

The question being “Shall HB 1073 pass as amended?”

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Kennedy; Killer; Klumb; Kolbeck; Maher; Nesiba; Netherton; Novstrup; Otten (Ernie); Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White; Wiik

Nays:
Cronin; Heinert; Jensen (Phil); Langer; Monroe; Nelson; Partridge; Peters; Tidemann; 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.

President Pro Tempore Greenfield now presiding.

HB 1205: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate in Rapid City and to provide for the deposit of the proceeds.

Was read the second time.

The question being “Shall HB 1205 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; 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; Tidemann; White; Wiik; Youngberg

Excused:
Curd; Tapio

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 1206: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Aurora County and to provide for the deposit of the proceeds.

Was read the second time.

The question being “Shall HB 1206 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Tapio

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 1207: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of certain real estate at the South Dakota Development Center.

Was read the second time.

The question being “Shall HB 1207 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Curd; Tapio

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 1208: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the South Dakota Veterans' Home and to provide for the deposit of the proceeds.

Was read the second time.

The question being “Shall HB 1208 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Tidemann; White; Wiik; Youngberg

Excused:
Tapio

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 1209: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate at the STAR Academy and to provide for the deposit of the proceeds.

Was read the second time.

Sen. Curd moved the previous question.

Which motion prevailed.

The question being “Shall HB 1209 pass as amended?”

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Cammack; Cronin; Curd; Haverly; Klumb; Kolbeck; Langer; Monroe; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Bolin; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Maher; Nelson; Nesiba; Novstrup; Russell; Stalzer; Tapio

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 1210: FOR AN ACT ENTITLED, An Act to provide for the sale of certain surplus real estate located in Minnehaha County and to provide for the deposit of the proceeds.

Was read the second time.

The question being “Shall HB 1210 pass as amended?”

And the roll being called:

Yeas 30, Nays 5, Excused 0, Absent 0

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

Nays:
Frerichs; Heinert; Killer; Nesiba; Sutton

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.

The President now presiding.

HB 1090: FOR AN ACT ENTITLED, An Act to define certain fees incident to the extension of credit.

Was read the second time.

The question being “Shall HB 1090 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; 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:
Jensen (Phil)

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 1184: FOR AN ACT ENTITLED, An Act to exempt certain persons working in postsecondary technical institutes from collective bargaining provisions.

Was read the second time.

Sen. Heinert moved that HB 1184 be amended as follows:

On page 1, line 5, of the printed bill, before "The" insert "Notwithstanding any other provision of law, this section does not apply to custodial or maintenance employees.".

Which motion lost.

Sen. Curd moved the previous question.

Which motion prevailed.

The question being “Shall HB 1184 pass?”

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

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

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 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of commercial breeding operations.

Was read the second time.

The question being “Shall HB 1159 pass as amended?”

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Nelson; Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Tidemann; White; Wiik; Youngberg

Nays:
Jensen (Phil); Monroe; Nesiba; Netherton; Otten (Ernie); Stalzer; Sutton; Tapio

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

The question being on the title.

Sen. Cammack moved that the title to HB 1159 be amended as follows:

On page 1, line 1, of the House Agriculture and Natural Resources Committee engrossed bill, delete "revise certain provisions" and insert "repeal a certain provision".

Which motion prevailed and the title was so amended.

HB 1191: FOR AN ACT ENTITLED, An Act to require cooperation with the Division of Child Support as a condition of eligibility for the SNAP program.

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

The question being “Shall HB 1191 pass?”

And the roll being called:

Yeas 25, Nays 10, Excused 0, Absent 0

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

Nays:
Bolin; Cammack; Cronin; Frerichs; Heinert; Kennedy; Killer; Nesiba; Soholt; Sutton

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 1082: FOR AN ACT ENTITLED, An Act to grant limited immunity from arrest and prosecution for certain related offenses to persons who assist certain persons in need of emergency assistance or who are themselves in need of emergency assistance.

Was read the second time.

Sen. Tidemann moved that HB 1082 be amended as follows:

On page 3, after line 4 of the House engrossed bill, insert:

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

Any person seeking medical assistance or reports a person is in need of medical assistance shall only qualify once for immunity under this Act.".

Which motion prevailed.

Sen. Curd moved the previous question.

Which motion prevailed.

The question being “Shall HB 1082 pass as amended?”

And the roll being called:

Yeas 28, Nays 7, Excused 0, Absent 0

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

Nays:
Monroe; Nelson; Novstrup; Rusch; Russell; Stalzer; Tapio

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 1076: FOR AN ACT ENTITLED, An Act to create a State Government Accountability Board.

Was read the second time.

Sen. Peters moved that HB 1076 be amended as follows:

On page 5, line 12, of the House engrossed bill, delete everything after "necessary." .

On page 5, delete line 13.

Which motion prevailed.

The question being “Shall HB 1076 pass as amended?”

And the roll being called:

Yeas 29, Nays 6, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Maher; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Cronin; Haverly; Kolbeck; Langer; Monroe; Partridge

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 1014: FOR AN ACT ENTITLED, An Act to make an appropriation for the purchase of land by the South Dakota Department of the Military for use by the South Dakota Army National Guard and to declare an emergency.

Was read the second time.

The question being “Shall HB 1014 pass?”

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Nelson; Russell

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

HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.

Was read the second time.

Sen. Cronin moved that HB 1179 be amended as follows:

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

" Section 1. That § 54-14-13 be amended to read:

54-14-13. No person may act as a mortgage lender, mortgage brokerage, mortgage broker, or mortgage loan originator in this state or use the title, mortgage lender, mortgage brokerage, mortgage broker, or mortgage loan originator with respect to any property located in South Dakota without first obtaining and maintaining a license according to the requirements of this chapter. Each person shall be licensed or registered, and maintain a unique identifier through the nationwide mortgage licensing system and registry.

The requirements of this chapter, except for the provisions of chapter 10-43 as referenced in § 54-14-30, do not apply to any person who, on, before, or after the effective date of this Act, originates, sells, or services five or fewer nonresidential mortgage loans in a twelve-month period as long as the total amount of the loans outstanding does not exceed four million dollars. The exemption under this section applies jointly to every entity in which a person has an equity interest, whether the loan or loans are made by that person or through an entity in which the person holds an equity interest.

Any person exempted by the provisions of this section shall report to the division annually, no later than December thirty-first of 2017, and every subsequent year for any year in which nonresidential mortgage loans are originated, sold, or serviced. The annual report shall contain the name and address of the person who originated, sold, or serviced nonresidential mortgage loans, the number of nonresidential mortgage loans originated, sold, or serviced in the preceding calendar year, and the total balance of all nonresidential mortgage loans originated, sold, or serviced.

Section 2. That § 54-14-20.1 be amended to read:

54-14-20.1. The following are exempt from the requirement of obtaining a mortgage loan originator license:

(1) Any individual who offers or negotiates terms of a mortgage loan with or on behalf of an immediate family member of the individual;

(2) Any individual who offers or negotiates terms of a residential mortgage loan secured by a dwelling that served as the individual's residence; or

(3) Any individual who, on, before, or after the effective date of this Act, offers or negotiates terms of ~~three or less~~ five or fewer nonresidential mortgage loans in a ~~twelve month~~ twelve-month period as long as the total amount of the loans outstanding does not exceed four million dollars.

Section 3. That chapter 54-4 be amended by adding a NEW SECTION to read:

Any person who, on, before, or after the effective date of this Act, originates, sells, services, or acquires five or fewer loans in a twelve-month period is exempt from this chapter, except for the provisions of chapter 10-43 as referenced in § 54-4-54, as long as the total amount of the loans outstanding does not exceed four million dollars. The exemption under this section applies jointly to every entity in which a person has an equity interest, whether the loan or loans are made by that person or through an entity in which the person holds an equity interest.

Any person exempted by the provisions of this section shall report to the division annually, no later than December thirty-first of 2017, and every subsequent year for any year in which loans are originated, sold, serviced, or acquired. The annual report shall contain the name and address of the person who originated, sold, serviced, or acquired loans, the number of loans originated, sold, serviced, or acquired in the preceding calendar year, and the total balance of all loans originated, sold, serviced, or acquired.

Section 4. That chapter 54-4 be amended by adding a NEW SECTION to read:

The exemptions under this chapter do not apply to any debt-collection tactic prohibited in § 54-4-77."

Which motion prevailed.

The question being “Shall HB 1179 pass as amended?”

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Kennedy; Nesiba

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

There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Tieszen, Bartling, and Dennert 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 80.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has appointed Reps. Qualm, Hawley, and Wiese 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 172.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1141 and 1165.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 106 was lost on second reading and final passage.

Respectfully,
Arlene Kvislen, Chief Clerk

Sen. Tidemann moved that the Senate do now adjourn, which motion prevailed and at 4:49 p.m. the Senate adjourned.

Kay Johnson, Secretary