JOURNAL OF THE SENATE

NINETY-THIRD SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 9, 2018


    BE IT REMEMBERED, That on the ninth day of January, A.D., two thousand eighteen, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota, for the convening of the Legislature, the Ninety-third regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Matt Michels in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Reverend Craig Wexler, Pierre/Ft. Pierre Ministerial Association:

    Almighty God,

    We come before you this day with our excitement and our anxiety - with our courage and our humility. Remind us Lord, that our representatives before us this day, are a 'called people.' They have been called to serve their communities - they have been called to represent the people of South Dakota - they have been called by You, to be listeners of those in need, and take action on behalf of all of our neighbors for the goodness of this great state.

     It is my prayer that through these next several weeks together, that we will come together and work in unity, so that this legislative session can set an example to the other states of this nation, what it means to be ONE NATION, UNDER GOD.

    Set our anxieties and fear aside as we commence our work in this place. Help us to not work in fear; rather, give us the courage to work by faith - faith in You - faith and compassion for the neighbors that need our leadership and guidance - and through grace, honesty, integrity, and love, I pray that we can do your work through faith, to bring liberty and justice for all.

    Amen.


    The Pledge of Allegiance to the flag of the United States was led by Senate page Isaac Olson.

    Unless there is an objection, we will place the Secretary of State's certification of members of the Senate for the Ninety-third Legislative Session in the record without reading.

    Hearing no objections, the certification is submitted.

    Elected members of the South Dakota Senate were certified by SHANTEL KREBS, Secretary of State of the state of South Dakota on November 15, 2016.

    The list of which shall be entered in the Journal.

        Jim Bolin                        Reynold F. Nesiba
        Gary Cammack                    Jenna Netherton
        Justin R. Cronin                    Al Novstrup
        R. Blake Curd                        Ernie Otten
        Bob Ewing                        Jeffrey D. Partridge
        Jason Frerichs                        Deb Peters
        Brock L. Greenfield                    Arthur L. Rusch
        Terri Haverly                        Lance S. Russell
        Troy Heinert                        Deb Soholt
        Phil Jensen                        Alan Solano
        Craig Kennedy                    Jim Stalzer
        Kevin Killer                        Billie H. Sutton
        Joshua Klumb                        Neal Tapio
        Jack Kolbeck                        Larry Tidemann
        Kris Langer                        Jim White
        Ryan Maher                        John Wiik
        Jeff Monroe                        Jordan Youngberg
        Stace Nelson

    When the roll was called, all members were present.

MOTIONS AND RESOLUTIONS

    Senator Brock L. Greenfield was elected President Pro tempore of the Senate for the Ninety-third Legislative Session on June 12, 2017.


    Sen. Curd moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Curd moved that Kay Johnson be elected Secretary of the Senate for the Ninety-third Legislative Session.

    The question being on Sen. Curds's motion that Kay Johnson be elected Secretary of the Senate for the Ninety-third Legislative Session.

    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; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Sutton

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

    The oath of office was administered by the Honorable Steven R. Jensen, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Kay Johnson.

    Which was subscribed to and placed on file in the office of the Secretary of State.

    Unless there is an objection, we will waive the reading of the appointments of the employees of the Senate for the Ninety-third Legislative Session.

    Hearing no objection, the reading was waived.


    The President announced the appointment of the following named persons as employees of the Senate for the Ninety-third Legislative Session:

    First Assistant to the Secretary _ Judy Rapp

    Second Assistant to the Secretary _ Jill Wellhouse

    Third Assistant to the Secretary _ Carol Nowak



    Secretary to the President Pro Tempore _ Glenda Woodburn

    Secretary to the Minority Party _ Mackenzie Huber

    Appropriations Secretary _ Barbara Bjorneberg

            Committee Secretaries _ Lois Henry, Mary Kirk, Mona Oehlerking, Rena Ortbahn

    Sergeant at Arms _ Dave Bonde

    Assistant Sergeants at Arms _ Tom Dravland, Gary Hoscheid

            Pages (1st term) - Grace Bakken, Andrew Corbine, Cade Fortuna, Bethany Lange, Caitlynn McGregor, Isaac Olson, Josie Sylte

            Pages (2nd term) - Daniel Burkhalter, Margaret Fouberg, Dylan Gerlach, Hannah Juelfs, Nathan Linke, Santanya Matucha, Madyson Morehart, Mit Patel, Madison Russell, Aspen Stover

            Pages (3th term) - Tyler Arend, Allison Duerre, Madison Hetland, Tabitha Jensen, Grace Jones, Kylen Olson, Braden Peters, Derick Peters, Karly Schaunaman, Talisa Smith, Grace Weinheimer, Autumn Wieseler

            Pages (4th term) - Brock Brown, Hannah Gates, Sarah Keefe, Arden Koenecke, Cody Marshall, Jakways Mendoza, Grace Partridge, Andrew Rasmussen, Shelby Roda, Caitlyn Speier

            Pages (5th term) - Sarah Cook, Jonathon Freeman, Haley Gearhart, Lyric Gruenhagen, Danielle Houghtaling, Khalid Hussein, Anneliese Taggart, Sydnee Winter

            Legislative Interns - J. Michael Bertsch, Jacob Carsten, Abbey Farley, P.J. Freidel, Emily Johnson, Mary Merxbauer, Jamie Mundwiler, Bryton Syverson, Tyler Wenande

    Legislative Aide - Caleb Finck

    The oath of office was administered by the Honorable Steven R. Jensen, Justice of the Supreme Court of the State of South Dakota, to the following named employees:

    First Assistant to the Secretary _ Judy Rapp

    Second Assistant to the Secretary _ Jill Wellhouse

    Third Assistant to the Secretary _ Carol Nowak

    Secretary to the President Pro Tempore _ Glenda Woodburn

    Secretary to the Minority Party _ Mackenzie Huber



    Appropriations Secretary _ Barbara Bjorneberg

    Committee Secretaries _ Lois Henry, Mary Kirk, Mona Oehlerking, Rena Ortbahn

    Sergeant at Arms _ Dave Bonde

    Assistant Sergeants at Arms _ Tom Dravland, Gary Hoscheid

            Pages (1st term) - Grace Bakken, Andrew Corbine, Cade Fortuna, Bethany Lange, Caitlynn McGregor, Isaac Olson, Josie Sylte

            Legislative Interns - J. Michael Bertsch, Jacob Carsten, Abbey Farley, P.J. Freidel, Emily Johnson, Mary Merxbauer, Jamie Mundwiler, Bryton Syverson, Tyler Wenande

                Legislative Aide _ Caleb Finck

    Which was subscribed to and placed on file in the office of the Secretary of State.


    Sen. Curd moved that the permanent joint rules of the Ninety-second Legislative Session with the recommended changes to those joint rules for the Ninety-third Legislative Session as adopted in March, 2017, be adopted as the temporary joint rules for the Ninety-third Legislative Session.

    The question being on Sen. Curd's motion that the permanent joint rules of the Ninety-second Legislative Session with the recommended changes to those joint rules for the Ninety-third Legislative Session as adopted in March, 2017, be adopted as the temporary joint rules for the Ninety-third Legislative Session.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    Sen. Curd moved that the permanent rules of the Senate for the Ninety-second Legislative Session be adopted as the temporary Senate rules for the Ninety-third Legislative Session.


    The question being on Sen. Curd's motion that the permanent rules of the Senate for the Ninety-second Legislative Session be adopted as the temporary Senate rules for the Ninety-third Legislative Session.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    Sen. Curd moved 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 arrange for a Joint Session of the two houses to receive the message of the Governor.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved 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 notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved 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 relative to the Joint Rules for the Ninety-third Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Frerichs.

    Sen. Curd moved 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 arrange for legislative days for the members, officers, and employees of the Senate and the House.


    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved 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 for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the Senate and House for the Ninety-third Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved 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 for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals, and bills and other legislative printing for the two houses and the state offices, with the full power to act.

    Which motion prevailed and the President announced as such committee Sens. White, Novstrup, and Heinert.

    Sen. Curd moved 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 relative to securing chaplains for the Ninety-third Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Otten, Greenfield, and Frerichs.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a committee of four on the part of the House for the purpose of arranging a memorial recognition of deceased former members of the Senate and House.

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

    Sen. Curd moved 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 arrange for a Joint Session of the Senate and House of Representatives to receive a message from the Honorable David Gilbertson, Chief Justice of the Supreme Court.

    Which motion prevailed and the President announced as such committee Sens. Curd, Maher, and Sutton.



    Sen. Curd moved 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 make arrangements for the Joint Session to hear the message from a Tribal Chairman on the State of the Tribes.

    Which motion prevailed and the President announced as such committee Sens. Maher, Curd, and Heinert.

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m on Wednesday, January 10, the second legislative day.

    Which motion prevailed.

    Unless there is an objection, we will waive the reading of the President Pro tempore's Appointment of Standing Committees.

    Hearing no objection, the reading was waived.

    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
** Cammack, *Klumb, Ewing, Monroe, Otten (Ernie), Soholt, Youngberg, Frerichs, Heinert
Appropriations (9)
**Tidemann, *Wiik, Cronin, Haverly, Partridge, Peters, White, Nesiba, Sutton
    Commerce and Energy (7)
**Jensen (Phil), *Nelson, Kolbeck, Netherton, Novstrup, Tapio, Kennedy
     Education (7)
**Bolin, *Solano, Jensen (Phil), Klumb, Monroe, Soholt, Heinert
     Government Operations and Audit (5)
**Peters, *Cronin, Nelson, Tapio, Sutton
     Health and Human Services (7)
**Soholt, *Tapio, Greenfield (Brock), Jensen (Phil), Klumb, Rusch, Killer
    Judiciary (7)
**Russell, *Rusch, Greenfield (Brock), Langer, Nelson, Netherton, Kennedy
     Legislative Procedure (7)
**Greenfield (Brock), *Haverly, Curd, Novstrup, Langer, Maher, Frerich
     Local Government (7)
**Langer, *Youngberg, Cammack, Ewing, Maher, Nelson, Killer
     Retirement Laws (5)
**White, *Novstrup, Tidemann, Frerichs, Heinert
    State Affairs (9)
**Ewing, *Netherton, Bolin, Curd, Langer, Maher, Novstrup, Heinert, Sutton
Taxation (7)
**Monroe, *Kolbeck, Cammack, Otten (Ernie), Russell, Stalzer, Frerichs
     Transportation (7)
**Otten (Ernie), *Stalzer, Bolin, Curd, Russell, Solano, Frerichs

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Steven Haugaard    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee


    Sen. Curd moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 9, 2018.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.


    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved.

    That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Steven Haugaard    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

    Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive the message of the Governor be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 10, 2018.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Chief Justice has been received, the Joint Session be dissolved.

    That the message of the Chief Justice be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Lee Qualm    R. Blake Curd
Timothy Johns    Ryan Maher
Spencer Hawley    Billie Sutton
House Committee    Senate Committee


    Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive a message from the Chief Justice of the Supreme Court be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the State of the Tribes from a Tribal Chairman, respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 11, 2018.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Tribal Chairman has been received, the Joint Session be dissolved.

    That the message of the Tribal Chairman be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Lee Qualm    Ryan Maher
Kent Peterson    R. Blake Curd
Spencer Hawley    Troy Heinert
House Committee    Senate Committee

    Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the state of the Tribes message from a Tribal Chairman be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 1 Introduced by: Senators Maher, Haverly, and Monroe and Representatives Lust, Chase, Schoenfish, Smith, and Turbiville at the request of the Interim Workforce Housing Study Committee

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tax deed procurement.

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

    SB 2 Introduced by: Senators Haverly and Maher and Representatives Lust, Chase, Peterson (Sue), Schoenfish, Smith, Turbiville, and Wismer at the request of the Interim Workforce Housing Study Committee

    FOR AN ACT ENTITLED, An Act to provide additional funding for the housing opportunity fund by redistributing certain building South Dakota funds.

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

    SB 3 Introduced by: Senators Maher and Haverly and Representatives Lust, Chase, Schoenfish, Smith, Turbiville, and Wismer at the request of the Interim Workforce Housing Study Committee

    FOR AN ACT ENTITLED, An Act to increase the amount of unobligated cash that may be transferred to the building South Dakota fund after the end of a fiscal year.

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

    SB 4 Introduced by: Senators Maher and Haverly and Representatives Lust, Chase, Schoenfish, Smith, and Turbiville at the request of the Interim Workforce Housing Study Committee

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the contractor's excise tax revenues that are deposited into the building South Dakota fund.

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


    SB 5 Introduced by: Senators Maher and Haverly and Representatives Lust, Schoenfish, and Smith at the request of the Interim Workforce Housing Study Committee

    FOR AN ACT ENTITLED, An Act to establish a tax refund program for certain workforce housing projects.

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

    SB 6 Introduced by: Senators Maher and Haverly and Representatives Lust, Chase, Schoenfish, Smith, Turbiville, and Wismer at the request of the Interim Workforce Housing Study Committee

    FOR AN ACT ENTITLED, An Act to require that the unobligated cash balance of the building South Dakota fund be used in determining the allocation of unobligated general funds.

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

    SB 7 Introduced by: Senators Youngberg and Greenfield (Brock) and Representatives Stevens and Johns at the request of the Government Accountability Task Force

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance limits.

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

    SB 8 Introduced by: Senators Kennedy, Greenfield (Brock), Sutton, and Youngberg and Representatives Johns, Bartling, and Soli at the request of the Government Accountability Task Force

    FOR AN ACT ENTITLED, An Act to establish provisions as to how campaign contribution limits apply to certain aggregate contributions.

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

    SB 9 Introduced by: Senators Otten (Ernie) and Bolin and Representatives Peterson (Kent), Reed, and Soli at the request of the Initiative and Referendum Task Force

    FOR AN ACT ENTITLED, An Act to require fiscal notes for certain initiated measures and initiated amendments to the Constitution.

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


    SB 10 Introduced by: Senators Nesiba, Bolin, and Otten (Ernie) and Representatives Reed and Soli at the request of the Initiative and Referendum Task Force

    FOR AN ACT ENTITLED, An Act to provide for the resolution of conflicts by multiple initiated measures and amendments to the Constitution adopted at the same election.

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

    SB 11 Introduced by: Senators Nesiba and Otten (Ernie) and Representatives Soli and Reed at the request of the Initiative and Referendum Task Force

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period during which petition sponsors may submit ballot measures to the Legislative Research Council for review and comment.

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

    SB 12 Introduced by: Senators Nesiba, Bolin, and Otten (Ernie) and Representative Soli at the request of the Initiative and Referendum Task Force

    FOR AN ACT ENTITLED, An Act to require petition circulators for certain ballot measures to make available the full text of the ballot measure to petition signers.

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

    SB 13 Introduced by: Senators Otten (Ernie), Bolin, and Nesiba and Representatives Soli, Peterson (Kent), and Reed at the request of the Initiative and Referendum Task Force

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the director of the Legislative Research Council issuing fiscal notes for certain ballot measures.

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

    SB 14 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to revise certain references to the special highway fund in provisions regarding motor vehicle license fees distribution.

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


    SB 15 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

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

    SB 16 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to repeal certain curb ramp construction specifications for municipalities.

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

    SB 17 Introduced by: The Committee on Health and Human Services at the request of the Department of Human Services

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a division under the Department of Human Services.

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

    SB 18 Introduced by: The Committee on Education at the request of the South Dakota Board of Technical Education

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Board of Technical Education.

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

    SB 19 Introduced by: The Committee on Education at the request of the South Dakota Board of Technical Education

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding lease-purchase agreements for a local education agency.

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


    SB 20 Introduced by: The Committee on State Affairs at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to enact the State and Province Emergency Management Assistance Memorandum of Understanding.

    Was read the first time.

    SB 21 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

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

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

    SB 22 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to allow commercial driver license applicants three attempts to pass the commercial driver license examination.

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

    SB 23 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to reduce the driver license renewal requirements regarding the submittal of documentation of social security numbers and to update certain references to federal regulations.

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

    SB 24 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to extend the effective date of certain provisions regarding the recreational use of nonmeandering water.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.


    SB 25 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Environment and Natural Resources

    FOR AN ACT ENTITLED, An Act to revise certain fees for entities permitted under the national pollutant discharge elimination system.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 26 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public grain buyers.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 27 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

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

    SB 28 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    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.

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

    SB 29 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to increase the amount authorized for certain brand fees and to authorize a brand registration application fee and an expedited registration fee.

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


    SB 30 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to provide for the regulation of microblading by municipalities.

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

    SB 31 Introduced by: The Committee on Appropriations at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.

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

    SB 32 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

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

    SB 33 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to repeal certain mediation programs regarding damages from oil and gas development and disputes over drainage of water.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 34 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration for pesticide products.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.


    SB 35 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise the classification of juvenile corrections agents in the South Dakota Retirement System and to revise certain terminology regarding correctional staff.

    Was read the first time and referred to the Committee on Retirement Laws.

    SB 36 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    SB 37 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise the automatic enrollment provisions of the deferred compensation plan of the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    SB 38 Introduced by: The Committee on Retirement Laws at the request of the South Dakota Retirement System

    FOR AN ACT ENTITLED, An Act to revise the process for establishing the compensation of the executive director of the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    SB 39 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Office of School and Public Lands

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permitted improvements on school and public lands.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.


    SB 40 Introduced by: The Committee on Appropriations at the request of the Office of School and Public Lands

    FOR AN ACT ENTITLED, An Act to authorize the transfer of certain surplus real estate in Rapid City to the Ellsworth Development Authority and to declare an emergency.

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

    SB 41 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of snowmobiles.

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

    SB 42 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of a motor vehicle title.

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

    SB 43 Introduced by: The Committee on State Affairs at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

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

    SB 44 Introduced by: The Committee on State Affairs at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to establish a license for certain gaming equipment manufacturers and distributors and to establish a license fee.

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


    SB 45 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of unclaimed property.

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

    SB 46 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to require school districts to adopt a policy limiting the use of restraint and seclusion.

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

    SB 47 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the completion of the sports performance enhancement facility arena and the outdoor track and soccer complex at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

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

    SB 48 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase improved agricultural real property in Meade County, to make an appropriation therefor, and to declare an emergency.

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

    SB 49 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase unimproved agricultural real property in Brookings County and to make an appropriation therefor.

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


    SB 50 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the American Indian Student Center at South Dakota State University and to make an appropriation therefor.

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

    SB 51 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of an athletic support facility at South Dakota State University and to make an appropriation therefor.

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

    SB 52 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish a South Dakota State University building and to make an appropriation therefor.

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

    SB 53 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to sell existing real property in Pennington County and to acquire real property in Pennington County for the use and benefit of the South Dakota State University West River Agriculture Center.

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

    SB 54 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

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

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


    SB 55 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax on endoparasiticides and ectoparasiticides.

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

    SB 56 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

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

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

    SB 57 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain references regarding the contractor's excise tax.

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

    SB 58 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tax increment financing districts.

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

    SB 59 Introduced by: The Committee on Transportation at the request of the Department of Tourism

    FOR AN ACT ENTITLED, An Act to authorize the Department of Tourism to permit certain commercial advertising in information centers.

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


    SB 60 Introduced by: The Committee on Health and Human Services at the request of the Department of Human Services

    FOR AN ACT ENTITLED, An Act to revise the administrative rule-making authority for the Department of Human Services.

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

    SB 61 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding sex offender registration.

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

    SB 62 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to provide for the notification related to a breach of certain data and to provide a penalty therefor.

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

    SB 63 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise certain prohibitions regarding methamphetamines and to create a mandatory penalty for a violation thereof.

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

    SB 64 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to attempted human trafficking in the first degree and to provide a penalty therefor.

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


    SB 65 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding drug deliveries that result in death and to provide a penalty therefor.

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

    SJR 1 Introduced by: Senators Bolin and Otten (Ernie) and Representatives Reed, Peterson (Kent), and Soli at the request of the Initiative and Referendum Task Force

    A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to amendments to the Constitution.

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

    Sen. Langer moved that the Senate do now adjourn, which motion prevailed and at 12:39 p.m. the Senate adjourned.

Kay Johnson, Secretary

JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Reverend John Armstrong, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

     Let us pray:

    Lord, thank you for this beautiful and exciting day for the beginning of this legislative session.

    As we look ahead to the research, and discussions, and decisions that surely will come, we ask that Your Spirit would guide each step of our way.

    Help us to work through each joy and each challenge with dignity and respect for all involved.


    May the decisions made in this legislative session be for the greatest benefit - for the most people of our state.

    We pray these things in confidence, knowing that through you, we can accomplish all things. Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

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

    The Chief Clerk of the House of Representatives, Sandra J. Zinter, called the roll of the House and the following members were present:

Ahlers; Anderson; Bartels; Barthel; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; Diedrich; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Greenfield (Lana); Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tulson; Turbiville; Wiese; Willadsen; Wismer; York; Zikmund; Speaker Mickelson.

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.

    Which motion prevailed and the President appointed as such committee Sens. Greenfield, Curd, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Hawley, and Bartling on the part of the House.

    The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the State of the State Address.

    Sen. Curd moved that the Joint Session do now dissolve.

    Which motion prevailed.