Senate Journal 1/19/2018 12:30 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

EIGHTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 19, 2018

The Senate convened at 12:30 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Sunshine Mintzlaff, followed by the Pledge of Allegiance led by Senate page Isaac Olson.

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 seventh day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 69 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

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

72aa

On page 1, line 5, of the printed bill, overstrike "motor vehicle" and insert "noncommercial automobile, pickup truck, van, or truck, with a weight less than eight thousand pounds, or a retired firetruck,".

On page 2, line 1, delete everything after "." .

On page 2, delete line 2.

And that as so amended said bill do pass.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Becky Guffin of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education Standards and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Jacqueline Sly of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education Standards and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Don Kirkegaard of Meade County, Sturgis, South Dakota, to the position of Secretary of the Department of Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 27, 40, 52, 56 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David L. Anderson, Co-Chair
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 7, 8, 10, 11, and 12 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Retirement Laws respectfully reports that it has had under consideration SB 35, 36, and 37 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 Retirement Laws respectfully reports that it has had under consideration SB 38 and returns the same with the recommendation that said bill be amended as follows:

38fa

On page 1, line 11, of the printed bill, delete everything after "systems." and insert "The board may adjust the salary of the executive director annually in accordance with the state employee salary policy as enacted by the Legislature in each corresponding year.

The board shall report any change in the executive director's compensation above the state employee salary policy to the Retirement Laws Committee before July first for the upcoming fiscal year. The change in compensation above the state employee salary policy is effective if approved by the majority vote of the Retirement Laws Committee.".

On page 1, delete lines 12 to 14, inclusive.

And that as so amended said bill do pass.

Respectfully submitted,
Jim White, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration SB 58 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jeff Monroe, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1002, 1017, 1027, 1028, 1034, 1041, 1052, 1054, 1063, 1069, and 1072 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SENATE PAGE RESOLUTION 1 Introduced by: Senators 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

A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-third Legislature of the State of South Dakota to Grace Bakken, Andrew Corbine, Cade Fortuna, Bethany Lange, Caitlynn McGregor, Isaac Olson, Josie Sylte.

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

WHEREAS, the members of the Ninety-third 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-third 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. Cronin moved that Senate Page Resolution 1 be adopted.

The question being on Sen.Cronin's motion that Senate Page Resolution 1 be adopted.

And the roll being called:

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

Excused:
Curd

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

Sen. Maher moved that SCR 2 be deferred to Monday, January 22^nd, the ninth legislative day.

Which motion prevailed.

SCR 3 Introduced by: Senators Nelson, Greenfield (Brock), Haverly, Jensen (Phil), Maher, Monroe, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives DiSanto, Brunner, Campbell, Clark, Dennert, Frye-Mueller, Goodwin, Gosch, Greenfield (Lana), Howard, Kaiser, Latterell, Marty, May, Pischke, Rasmussen, Ring, and Schoenfish

A CONCURRENT RESOLUTION, Committing the Legislature and urging the Governor, the Supreme Court, and the Attorney General to secure the blessings of life and liberty for South Dakota's posterity.

WHEREAS, the purpose of the United States Constitution is "to secure the blessings of liberty to ourselves and our posterity;" and

WHEREAS, South Dakota Codified Law § 26-1-2 states, "A child conceived, but not born, is to be deemed an existing person so far as may be necessary for its interests in the event of its subsequent birth;" and

WHEREAS, our children and pre-born children are our posterity; and

WHEREAS, our most important blessing is the right to live; and

WHEREAS, the right to life of all innocent persons is God-given and unalienable; and

WHEREAS, it has been forty-five years since the complicity of the Supreme Court of the United States in the assault on these core principles in Roe v. Wade; and

WHEREAS, an estimated sixty million sixty-six thousand two hundred eighty-nine babies have been aborted in the United States of America since 1973; and

WHEREAS, numerous South Dakota politicians have run for office claiming to oppose this barbaric and evil practice, yet it still is allowed to occur in South Dakota.

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature commits to providing all pre-born children their God-given right to exist and commits to appropriate protections by the Fifth and Fourteenth Amendments to the United States Constitution, and emphatically urges the South Dakota Supreme Court, the Governor of South Dakota, and the Attorney General of South Dakota to take all actions necessary to do so.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 3 on the calendar of Monday, January 22^nd, the ninth legislative day.

SCR 4 Introduced by: Senators Nelson, Russell, Sutton, and Tapio and Representatives May, Campbell, Dennert, and Gosch

A CONCURRENT RESOLUTION, To include the South Dakota Department of Legislative Audit in upcoming South Dakota Department of Transportation financial reviews of operators of rail lines owned by the State of South Dakota.

WHEREAS, in 2015 the South Dakota Department of Legislative Audit recommended the revenue figures reported by the operators of state-owned rail lines be verified for accuracy; and

WHEREAS, in 2016 the interim Government Operations and Audit Committee heard testimony about why the state-owned Mitchell-Rapid City rail line, after being rehabilitated at public expense, had been allowed to deteriorate due to bad management and lack of oversight; and

WHEREAS, in 2017 the interim committee continued to have concerns about state oversight of the Mitchell-Rapid City rail line, and continued to gather testimony about these concerns; and

WHEREAS, in an August 2017 written response to the interim committee the South Dakota secretary of transportation stated that his department could not conduct an audit of the operator of the Mitchell-Rapid City rail line; and

WHEREAS, both the state lease and the Regional Railroad Authority sublease for the Mitchell-Rapid rail line contain clauses authoring audits of the operator of the line; and

WHEREAS, various December 2017 public meetings of the Regional Railroad Authority, the interim committee, and the South Dakota State Railroad Board exposed further and serious concerns about oversight of the Mitchell-Rapid City rail line, to include financial issues involving the operator of this line; and

WHEREAS, the Department of Transportation is hiring a New York company to do financial reviews of operators of state-owned track, but these reviews will not constitute audits:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the auditor-general's recommendation is implemented to assure the public interest is protected;

BE IT FURTHER RESOLVED, that the Department of Legislative Audit participate without limitation in the financial reviews of rail operators, with special emphasis on documenting revenue received from any and all sources; and

BE IT FURTHER RESOLVED, that any costs for the participation of the Department of Legislative Audit be paid by the Department of Transportation.

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

SCR 5 Introduced by: Senators Nelson, Frerichs, Heinert, Jensen (Phil), Killer, Nesiba, Russell, Sutton, and Tapio and Representatives May, Bordeaux, Brunner, Campbell, DiSanto, Frye-Mueller, Goodwin, Gosch, Lesmeister, Livermont, Marty, and Peterson (Sue)

A CONCURRENT RESOLUTION, Recognizing the tribal council of the Oglala Sioux Tribe in its petition to the Legislature for redress of grievances pursuant to the First Amendment of the United States Constitution and Article VI § 4 of the South Dakota Constitution.

WHEREAS, the constitution of the Oglala Sioux Tribe authorizes the tribal council to negotiate with federal, state, and local governmental officials on behalf of the Oglala Sioux Tribe; and

WHEREAS, the Oglala Sioux Tribe education committee has been delegated oversight of tribal schools and the education of tribal youth; and

WHEREAS, the committee met on December 18, 2017, to take action to file a petition for redress of grievances with the South Dakota State Senate and House of Representatives, regarding the facilitation of the mismanagement and misappropriation of tens of millions of dollars of grant funds intended for Native American youth in the GEAR UP Program, and other federal grant programs, administered by the South Dakota Department of Education, by current and former state officials; and

WHEREAS, the First Amendment of the United States Constitution, Article VI § 4 of the South Dakota Constitution, and Mason's Manual of Legislative Procedure, guarantees South Dakotans a right to petition state government for the redress of grievances; and

WHEREAS, on January 11, 2018, the Oglala Sioux Tribal Council formally and officially delivered their grievance resolution which was accepted by the State-Tribal Relations Committee in the South Dakota Capitol; and

WHEREAS, the Oglala Sioux Tribe respectfully grieves that former South Dakota Secretary of Education Melody Schopp, former South Dakota Secretary of Education Tom Oster, former Secretary of Education Rick Melmer, former Meade County Superintendent Don Kirkegaard, former Indian Education Director for South Dakota's Department of Education Keith Moore, Northern State Dean of Education Kelly Duncan, Department of Education Finance and Management Director Tamara Darnall, and former GEAR UP Evaluator Brinda Kuhn allowed or facilitated themselves to inappropriately financially benefit, at the expense of South Dakota Native American youth, through unethical contracts, mismanagement, and misappropriation of funds of the GEAR UP Program and other federal grants programs; and

WHEREAS, serious metrics or monitoring of factual measurable goals and objectives were never implemented for the proper oversight of South Dakota's GEAR UP Program; and

WHEREAS, explicit written warnings by former directors of Indian Education LuAnn Werdell and Roger Campbell of mismanagement and misappropriations in the federal grants administered by the South Dakota Department of Education, were effectively ignored and they were retaliated against for their efforts; and

WHEREAS, the catastrophic human and financial costs associated with the unethical conflicts of interests of numerous current and former state officials personally benefitting from their improper financial grant programs, deprived South Dakota's Native American youth and their communities of an estimated one hundred million dollars which will have lasting negative effects on South Dakota Native American youth and their families for generations to come; and

WHEREAS, despite the statutory and moral obligation to do so, the Government Operations and Audit Committee and the State-Tribal Relations Committee, refused to fully examine, address, or correct these egregious violations of the public's trust that were facilitated by state officials for over a decade; and

WHEREAS, this dereliction of legislative oversight imparts a tacit message to those responsible for the GEAR UP corruption, that effectively condones it, and assists in covering up their unscrupulous behavior while reopening centuries old wounds caused by previous unethical practices of government officials improperly benefitting at the expense of Native Americans; and

WHEREAS, the South Dakota state government has experienced a serious loss of confidence from South Dakotans across the state due to the GEAR UP corruption scandal and has received failing grades from national groups concerning South Dakota state government's susceptibility to corruption, cronyism, and nepotism; and

WHEREAS, the State-Tribal Relations Committee is required by law via § 2-6-23 "..to draw upon public input from all those who may be concerned and knowledgeable about state-tribal relations whether Indian or non-Indian, whether tribal members or nontribal members." And make legislative recommendations to facilitate its mission; and

WHEREAS, each member of the State-Tribal Relations Committee recommends addressing the rightful grievances of the Oglala Sioux Tribe through their sponsorship of this resolution:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, acknowledging the receipt of the Oglala Sioux Tribal Council's respectfully submitted petition for the redress of legitimate grievances; and

BE IT FURTHER RESOLVED, that the Legislature recommends indefinite suspension of all state employment and involvement in state-administered grant programs by those current and past state officials cited in this resolution, pending determination of their involvement and complicity. Conclusive determination contingent upon the explicit exoneration by an independent and thorough investigation into the mismanagement and misappropriations of grant moneys intended for Native South Dakota youth from 2005 to 2017; and

BE IT FURTHER RESOLVED, that the Legislature requests the United States Attorney appoint a special prosecutor to investigate and prosecute, both civilly and criminally, all current and former state officials who facilitated the mismanagement, misappropriation, or unethically benefitted from federal grant moneys meant for Native American youth; and

BE IT FURTHER RESOLVED, that the Legislature devise scholarships for eligible Native American high school students to repay the estimated one hundred million dollars lost to past Native American students. Funding for the scholarships to come from deductions from the Department of Education's budget for the next twelve years, and civil recoupments from those responsible or negligent in the mismanagement of the affected grants.

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

CONSIDERATION OF REPORTS OF COMMITTEES

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

Agriculture and Natural Resources on SB 24 as found on page 131 of the Senate Journal; also

Judiciary on SB 67 as found on page 130 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 90 Introduced by: Senators White, Ewing, Jensen (Phil), and Soholt and Representatives Johns, Diedrich, Johnson, Rounds, and Turbiville

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of taxes and fees before transferring title of mobile homes or manufactured homes.

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

SB 91 Introduced by: Senators Stalzer, 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, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg and Representatives Zikmund, 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, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Rounds, Rozum, Schaefer, Schoenfish, Smith, Steinhauer, Stevens, Tulson, Turbiville, Wiese, Willadsen, Wismer, and York

FOR AN ACT ENTITLED, An Act to authorize the Department of Veterans Affairs to provide for the design, construction, and equipping of a state veterans cemetery in Sioux Falls, to make an appropriation therefor, and to declare an emergency.

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

SB 92 Introduced by: Senators Nelson, Bolin, Frerichs, Greenfield (Brock), Haverly, Jensen (Phil), Kolbeck, Langer, Maher, Monroe, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives DiSanto, Bordeaux, Brunner, Campbell, Clark, Dennert, Frye-Mueller, Goodwin, Gosch, Howard, Kaiser, Latterell, Lesmeister, Livermont, Marty, May, Pischke, Rasmussen, Rhoden, Schoenfish, and Zikmund

FOR AN ACT ENTITLED, An Act to provide a felony penalty for the intentional injury or disfigurement by certain corrosive materials.

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

SB 93 Introduced by: Senators Nelson, Curd, Greenfield (Brock), Haverly, Jensen (Phil), Langer, Maher, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives DiSanto, Bordeaux, Brunner, Campbell, Dennert, Frye-Mueller, Goodwin, Gosch, Howard, Kaiser, Lesmeister, Livermont, Marty, May, Pischke, Rhoden, and Zikmund

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the intentional exposure of others to certain diseases.

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

SB 94 Introduced by: Senators Kolbeck, Curd, Greenfield (Brock), Jensen (Phil), Klumb, Langer, Nelson, Netherton, Rusch, and Stalzer and Representatives Peterson (Sue), Barthel, Beal, Bordeaux, Brunner, Campbell, Chase, Clark, Dennert, Diedrich, DiSanto, Duvall, Frye-Mueller, Glanzer, Goodwin, Greenfield (Lana), Haugaard, Heinemann, Howard, Jamison, Jensen (Kevin), Johnson, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, McPherson, Mills, Pischke, Qualm, Rasmussen, Reed, Rhoden, Rounds, Schaefer, Schoenfish, Smith, Steinhauer, Wiese, York, and Zikmund

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the opportunity scholarship program.

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

SB 95 Introduced by: Senators Kennedy, Frerichs, Maher, Peters, Rusch, Solano, and White and Representatives Bartling, Bordeaux, Hawley, Jamison, Johns, McCleerey, Otten (Herman), and Ring

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding ingestion of certain controlled substances.

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

SB 96 Introduced by: Senators Nelson, Cronin, Curd, Ewing, Frerichs, Haverly, Jensen (Phil), Kennedy, Kolbeck, Langer, Maher, Monroe, Otten (Ernie), Partridge, Rusch, Russell, Stalzer, and Wiik and Representatives Schoenfish, Beal, Brunner, Clark, Dennert, Goodwin, Gosch, Greenfield (Lana), Howard, Lesmeister, Livermont, Marty, May, Peterson (Kent), Pischke, and Rasmussen

FOR AN ACT ENTITLED, An Act to designate chislic as the official nosh of the State of South Dakota.

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

SB 97 Introduced by: Senators Nesiba, Frerichs, Haverly, Heinert, Killer, Nelson, Stalzer, and Sutton and Representatives Zikmund, Ahlers, Lesmeister, Ring, Smith, and Wismer

FOR AN ACT ENTITLED, An Act to provide a special motor vehicle license plate for certain women veterans.

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

SB 98 Introduced by: Senators Peters, Bolin, Cronin, Haverly, Maher, Solano, and Tidemann and Representatives Jamison, Ahlers, Bartels, Barthel, Beal, Carson, Conzet, Goodwin, Holmes, Hunhoff, Johnson, Kaiser, Kettwig, Lake, Lust, Otten (Herman), Peterson (Sue), Rasmussen, Reed, Rounds, Rozum, Smith, Steinhauer, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the 911 emergency surcharge, the public safety 911 emergency fund, and revenue distribution and to repeal the 911 emergency surcharge sunset clause.

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

SB 99 Introduced by: Senators Peters, Bolin, Cronin, Ewing, Haverly, Maher, Solano, Tidemann, and Wiik and Representatives Barthel, Ahlers, Bartels, Carson, Chase, Conzet, Dennert, Glanzer, Goodwin, Holmes, Hunhoff, Jamison, Johns, Johnson, Kaiser, Lake, Lust, Otten (Herman), Peterson (Sue), Reed, Rhoden, Rounds, Rozum, and Willadsen

FOR AN ACT ENTITLED, An Act to authorize the release of certain 911 emergency surcharge information to public safety answering points.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1002: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance requirements.

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

HB 1017: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2017.

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

HB 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the maximum number of apprentices in a salon.

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

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trust companies.

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

HB 1034: FOR AN ACT ENTITLED, An Act to require certain insurance companies to identify and locate beneficiaries on life policies and annuity contracts.

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

HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurers' internal audit requirements.

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

HB 1052: FOR AN ACT ENTITLED, An Act to authorize the executive director of the Board of Pardons and Paroles to issue a warrant in the event of any escape from extended confinement.

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

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crimes that are considered violent for parole calculation purposes.

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

HB 1063: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Sioux Falls research park.

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

HB 1069: FOR AN ACT ENTITLED, An Act to establish an unladen motor vehicle permit for certain proportionally registered commercial motor vehicles.

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

HB 1072: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Dale Clement of Pennington County, Rapid City, South Dakota , to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive reappointment of Dale Clement pursuant to the executive message as found on page 34 of the Senate Journal?"

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

The Senate proceeded to the consideration of the executive reappointment of Jeffory A. Erickson of Lincoln County, Sioux Falls, South Dakota , to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive reappointment of Jeffory A. Erickson pursuant to the executive message as found on page 34 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

The Senate proceeded to the consideration of the executive reappointment of Michael V. Luken of Codington County, Watertown, South Dakota , to the Board of Economic Development.

The question being "Does the Senate advise and consent to the executive reappointment of Michael V. Luken pursuant to the executive message as found on page 35 of the Senate Journal?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 13: 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 second time.

The question being "Shall SB 13 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.

SB 32: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

Was read the second time.

The question being "Shall SB 32 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 two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 73: FOR AN ACT ENTITLED, An Act to authorize a vehicle dealer to lease space in the common area of a shopping mall for displaying new vehicles.

Was read the second time.

The question being "Shall SB 73 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; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Russell

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

SB 23: 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 second time.

The question being "Shall SB 23 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.

Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at 1:41 p.m. the Senate adjourned.

Kay Johnson, Secretary