JOURNAL OF THE SENATE

NINETY-THIRD SESSION




NINTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, January 22, 2018

    The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Dan Bader, followed by the Pledge of Allegiance led by Senate page Daniel Burkhalter.

    Roll Call: All members present except Sens. Cammack and Partridge who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the eighth 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.
OATHS

    The oath of office was administered by the President to the following named persons:

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

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

COMMUNICATIONS AND PETITIONS

January 10, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Myron Williams, Pennington, County, Wall, South Dakota, to the State Brand Board.

    This appointment is effective January 3, 2018, and shall continue until January 18, 2021.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

January 10, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 40-18 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Bart Blum, Lyman County, Reliance, South Dakota, to the State Brand Board.



    This appointment is effective January 3, 2018, and shall continue until January 18, 2021.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 59 and 82 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration HB 1068 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Stalzer, Vice Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 68 and 88 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration HB 1048 and 1049 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Jason Frerichs, Acting Chair
Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SJR 1 and SB 79 and returns the same with the recommendation that said bill and resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 77 and returns the same with the recommendation that said bill be amended as follows:

77wa

    On page 2, line 14, of the printed bill, delete "circulation" and insert "ballot question mid-year and year-end".

    On page 3, line 4, delete "circulation" and insert "ballot question mid-year".

    On page 3, line 13, delete "Circulation report for a ballot question committee" and insert "Ballot question mid-year report".

    On page 3, line 14, delete "filing of a statement" and insert "last report".

    On page 3, line 15, delete "of organization".

    On page 3, line 15, delete ", or by" insert ";".

    On page 3, delete lines 16 to 19, inclusive.

    On page 4, line 8, delete "Circulation" and insert "Ballot question mid-year".

    On page 4, line 21, delete "circulation" and insert "ballot question mid-year".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 85 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair


Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 74 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 75 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 Health and Human Services respectfully reports that it has had under consideration SB 30 and returns the same with the recommendation that said bill be amended as follows:

30Ka

    On page 1, line 5, of the printed bill, delete ", microblading,".

    On page 1, line 6, delete "microblading or".

    On page 1, line 7, delete ", microblading,".

    On page 1, line 9, overstrike "permanent".

    On page 1, line 9, overstrike "on" and insert "into".

    On page 1, line 10, delete everything after "." and insert "Tattooing includes microblading and similar techniques used to partially or fully simulate natural hair.".

    On page 1, line 11, delete everything before "The" .

    On page 1, delete line 15.
                
    On page 2, delete lines 1 to 20, inclusive.

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

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 71 and returns the same with the recommendation that said bill be amended as follows:



71ka

    On page 2, line 12, of the printed bill, delete everything after "first" and insert "of each year in the odd numbered years".

    On page 2, line 13, delete everything before "shall".

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

Respectfully submitted,
Deb Soholt, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SCR 1 in which the House has concurred.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1011, 1013, 1014, 1015, 1030, 1039, 1040, 1046, and 1047 which have passed the House and your favorable consideration is respectfully requested.


Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 2: A CONCURRENT RESOLUTION, Endorsing the right to work provisions in the South Dakota Constitution and in the Labor Management Relations Act that prohibit forced union membership.

    Was read the second time.

    Sen. Bolin moved that SCR 2 as found on page 132 of the Senate Journal be adopted.


    The question being on Sen. Bolin's motion that SCR 2 be adopted.

    And the roll being called:

    Yeas 28, Nays 5, Excused 2, Absent 0

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

    Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba

    Excused:
Cammack; Partridge

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

    SCR 3: 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.

    Was read the second time.

    Sen. Nelson moved that SCR 3 as found on page 151 of the Senate Journal be adopted.

    The question being on Sen. Nelson's motion that SCR 3 be adopted.

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

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

    Nays:
Heinert; Kennedy; Killer; Nesiba

    Excused:
Cammack; Partridge


    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 3 was adopted.

    Sen. Curd moved that SB 24 be deferred to February 7th, the nineteenth legislative day.

    Which motion prevailed.

    Sen. Greenfield (Brock) moved that HB 1028 be referred from the Committee on Commerce and Energy to the Committee on Judiciary.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Transportation on SB 72 as found on page 148 of the Senate Journal; also

    Retirement Laws on SB 38 as found on page 149 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Don Kirkegaard of Meade County, Sturgis, South Dakota, to the position of Secretary of the Department of Education.

    Sen. Curd moved the previous question.

    Which motion prevailed.

    The question being "Does the Senate advise and consent to the executive appointment of Don Kirkegaard pursuant to the executive message as found on page 29 of the Senate Journal?"


    And the roll being called:

    Yeas 26, Nays 7, Excused 2, Absent 0


    Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

    Nays:
Jensen (Phil); Killer; Nelson; Otten (Ernie); Russell; Stalzer; Tapio

    Excused:
Cammack; Partridge

    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 Becky Guffin of Brown County, Aberdeen, South Dakota, to the South Dakota Board of Education Standards.

    The question being "Does the Senate advise and consent to the executive appointment of Becky Guffin pursuant to the executive message as found on page 35 of the Senate Journal?"

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

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

    Nays:
Jensen (Phil); Maher

    Excused:
Cammack; Partridge

    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 Jacqueline Sly of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Education Standards.

    The question being "Does the Senate advise and consent to the executive appointment of Jacqueline Sly pursuant to the executive message as found on page 36 of the Senate Journal?"



    And the roll being called:

    Yeas 25, Nays 8, Excused 2, Absent 0

    Yeas:
Bolin; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Klumb; Langer; Maher; Nesiba; Netherton; Novstrup; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

    Nays:
Jensen (Phil); Kolbeck; Monroe; Nelson; Otten (Ernie); Russell; Stalzer; Tapio

    Excused:
Cammack; Partridge

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 100 Introduced by: Senators Peters, Bolin, Cammack, Cronin, Curd, Ewing, Greenfield (Brock), Haverly, Heinert, Klumb, Kolbeck, Langer, Maher, Monroe, Novstrup, Otten (Ernie), Partridge, Soholt, Solano, Stalzer, Sutton, Tidemann, Wiik, and Youngberg and Representatives Schoenfish, Bartels, Barthel, Brunner, Carson, Conzet, Diedrich, Duvall, Greenfield (Lana), Holmes, Hunhoff, Johns, Lake, Lust, Otten (Herman), Peterson (Kent), Qualm, Reed, Rhoden, Rounds, Rozum, Steinhauer, Turbiville, Willadsen, and Wismer

    FOR AN ACT ENTITLED, An Act to establish certain provisions related to grant monitoring and review.

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

    SB 101 Introduced by: Senator Maher and Representative Rounds

    FOR AN ACT ENTITLED, An Act to prohibit certain nondiscriminatory pricing between malt beverage suppliers and malt beverage wholesalers.

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

    SB 102 Introduced by: Senators Kennedy, Greenfield (Brock), Maher, Nesiba, Rusch, and Sutton and Representatives Bartling, Brunner, Clark, Lesmeister, McCleerey, Ring, and Wismer

    FOR AN ACT ENTITLED, An Act to revise certain provisions defining gifts from registered lobbyists to public officials.



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

    SB 103 Introduced by: Senators Nelson, Greenfield (Brock), Haverly, Jensen (Phil), Langer, Maher, Monroe, Netherton, Otten (Ernie), Russell, Stalzer, Tapio, and Youngberg and Representatives Gosch, Beal, Brunner, Campbell, Clark, DiSanto, Frye-Mueller, Goodwin, Howard, Karr, Latterell, Livermont, Marty, May, Peterson (Sue), Pischke, Rhoden, Schoenfish, and Zikmund

    FOR AN ACT ENTITLED, An Act to prohibit aliens who are not lawfully present in the United States from attending any public postsecondary educational institution or from receiving certain educational financial assistance.

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

    SB 104 Introduced by: Senators Russell, Nelson, and Tapio and Representatives DiSanto, Campbell, Dennert, Frye-Mueller, Greenfield (Lana), Kaiser, and Marty

    FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to the requirements for a permit to carry a concealed pistol.

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

    SB 105 Introduced by: Senators Soholt, Frerichs, Langer, Rusch, Solano, and Wiik and Representatives Steinhauer, Ahlers, Barthel, Bartling, Clark, Diedrich, Hawley, and Heinemann

    FOR AN ACT ENTITLED, An Act to authorize a health care practitioner to administer a toxicology test to an infant under certain circumstances.

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

    SB 106 Introduced by: Senators Jensen (Phil), Bolin, Greenfield (Brock), Kolbeck, Maher, Monroe, Nelson, Netherton, and Partridge and Representatives Greenfield (Lana), Campbell, Dennert, Diedrich, DiSanto, Frye-Mueller, Gosch, Howard, Latterell, May, Pischke, Rasmussen, and Zikmund

    FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the placement of a foster child with a relative or close family friend.

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


    SB 107 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Nelson, and Netherton and Representatives May, Campbell, DiSanto, Frye-Mueller, Gosch, Haugaard, Howard, Latterell, Peterson (Sue), Pischke, and Rasmussen

    FOR AN ACT ENTITLED, An Act to repeal the licensing requirements for barbers.

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

    SB 108 Introduced by: Senators Jensen (Phil), Bolin, Greenfield (Brock), Maher, Nelson, Partridge, and Stalzer and Representatives May, Campbell, Dennert, DiSanto, Frye-Mueller, Gosch, Greenfield (Lana), Haugaard, Howard, Latterell, Peterson (Sue), Pischke, Rasmussen, and Zikmund

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practice of cosmetology.

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

    SB 109 Introduced by: Senators Jensen (Phil), Greenfield (Brock), Nelson, Netherton, Otten (Ernie), and Stalzer and Representatives May, Campbell, Dennert, DiSanto, Frye-Mueller, Gosch, Greenfield (Lana), Howard, Latterell, Peterson (Sue), Pischke, Rasmussen, and Zikmund

    FOR AN ACT ENTITLED, An Act to repeal the licensing requirements for interpreters for the deaf.

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

    SB 110 Introduced by: Senators Novstrup, Greenfield (Brock), Jensen (Phil), Klumb, Langer, Maher, Monroe, Nelson, Netherton, Russell, Stalzer, Tapio, and Wiik and Representatives Haugaard, Campbell, Clark, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Heinemann, Hunhoff, Jensen (Kevin), Johnson, Lake, Latterell, Marty, McPherson, Peterson (Sue), Rasmussen, Rhoden, Rounds, Schoenfish, Steinhauer, and York

    FOR AN ACT ENTITLED, An Act to establish certain findings pertaining to pre-abortion counseling practices by abortion providers in South Dakota and to amend provisions regarding mandatory third-party pre-abortion counseling.

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

    SB 111 Introduced by: Senators Monroe, Ewing, Jensen (Phil), Stalzer, and Youngberg and Representatives Dennert, Brunner, Howard, Johns, Mickelson, Rounds, and Zikmund

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding expenditures incurred during civil proceedings.



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

    SJR 3 Introduced by: Senators Curd, Bolin, Jensen (Phil), Langer, Maher, Netherton, Otten (Ernie), Stalzer, Wiik, and Youngberg and Representatives DiSanto, Beal, Haugaard, Heinemann, Jensen (Kevin), Latterell, Livermont, Marty, May, Mickelson, Peterson (Kent), Pischke, and Qualm

    A JOINT RESOLUTION, To apply for a convention of states under Article V of the Constitution of the United States to impose fiscal restraints on the federal government and limit the power and jurisdiction of the federal government.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration list maintenance mailings.

    Was read the first time and referred to the Committee on Local Government.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voting systems used in elections and to declare an emergency.

    Was read the first time and referred to the Committee on Local Government.

    HB 1014: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the application of the intrastate exemption for certain commercial vehicles from the federal motor carrier regulations.

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

    HB 1015: FOR AN ACT ENTITLED, An Act to repeal the use of explosives, pyrotechnics, and fireworks for the protection of sunflower crops from depredating birds.

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

    HB 1030: FOR AN ACT ENTITLED, An Act to provide for the cancellation of certain uncollectible unemployment insurance contributions.

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



    HB 1039: FOR AN ACT ENTITLED, An Act to repeal certain outdated and unnecessary provisions regarding certain child support obligations and medical services to the indigent.

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

    HB 1040: FOR AN ACT ENTITLED, An Act to provide for the licensing of a professional counselor, professional counselor-mental health, or marriage and family therapist licensed in another state under certain circumstances and to declare an emergency.

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

    HB 1046: FOR AN ACT ENTITLED, An Act to allow certain resident farmers or ranchers to receive a big game license during the Black Hills deer season.

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

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions defining fur-bearing animals.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 69: FOR AN ACT ENTITLED, An Act to allow certain registration and permit documents to be stored and presented electronically.

    Was read the second time.

    The question being "Shall SB 69 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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


    Excused:
Cammack; 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.

    SB 35: 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 second time.

    The question being "Shall SB 35 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; 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.

    SB 36: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota Retirement System.

    Was read the second time.

    The question being "Shall SB 36 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


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

    Excused:
Cammack; 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.

    SB 37: 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 second time.

    The question being "Shall SB 37 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 67: FOR AN ACT ENTITLED, An Act to permit a victim of child sex trafficking or exploitation to expunge any criminal or delinquency record obtained as a result of the victimization.

    Was read the second time.


    The question being "Shall SB 67 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; 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.

    SB 27: 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 second time.

    The question being "Shall SB 27 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; Partridge

    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 40: 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 second time.

    The question being "Shall SB 40 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; Partridge

    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 52: 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 second time.

    The question being "Shall SB 52 pass?"

    And the roll being called:

    Yeas 31, Nays 2, Excused 2, Absent 0

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

    Nays:
Ewing; Maher

    Excused:
Cammack; Partridge



    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 56: 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 second time.

56sa

    Sen. Wiik moved that SB 56 be amended as follows:

    On page 1, between lines 12 and 13 of the printed bill, insert:

"    Section 4. That § 10-18A-5 be amended to read:

    10-18A-5. The amount of refund of real property taxes due or paid for a single-member household made pursuant to this chapter shall be according to the following schedule:

    The refund of real  
If household income is     property taxes due  
more than:   but less than   or paid shall be  
$ 0   $5,630 5,810   35%  
5,631 5,811   5,890 6,070   34%  
5,891 6,071   6,150 6,330   33%  
6,151 6,331   6,410 6,590   32%  
6,411 6,591   6,670 6,850   31%  
6,671 6,851   6,930 7,110   30%  
6,931 7,111   7,190 7,370   29%  
7,191 7,371   7,450 7,630   28%  
7,451 7,631   7,710 7,890   27%  
7,711 7,891   7,970 8,150   26%  
7,971 8,151   8,230 8,410   25%  
8,231 8,411   8,490 8,670   24%  
8,491 8,671   8,750 8,930   23%  
8,751 8,931   9,010 9,190   22%  
9,011 9,191   9,270 9,450   21%  
9,271 9,451   9,530 9,710   20%  
9,531 9,711   9,790 9,970   19%  
9,791 9,971   10,050 10,230   18%  
10,051 10,231   10,310 10,490   17%  
10,311 10,491   10,570 10,750   16%  
10,571 10,751   10,830 11,010   15%  
10,831 11,011   11,090 11,270   14%  
11,091 11,271   11,350 11,530   13%  
11,351 11,531   11,610 11,790       12%  
11,611 11,791   11,880 12,060   11%  
over 11,880 12,060     No refund  

    Section 5. That § 10-18A-6 be amended to read:

    10-18A-6. The amount of refund of real property taxes due or paid for a multiple-member household made pursuant to this chapter shall be according to the following schedule:

    The refund of real  
If household income is     property taxes due  
more than:   but not more than   or paid shall be  
$ 0   $9,520 9,740   55%  
9,521 9,741   9,881 10,101   53%  
9,882 10,102   10,242 10,462   51%  
10,243 10,463   10,603 10,823   49%  
10,604 10,824   10,964 11,184   47%  
10,965 11,185   11,325 11,545   45%  
11,326 11,546   11,686 11,906   43%  
11,687 11,907   12,047 12,267   41%  
12,048 12,268   12,408 12,628   39%  
12,409 12,629   12,769 12,989   37%  
12,770 12,990   13,130 13,350   35%  
13,131 13,351   13,491 13,711   33%  
13,492 13,712   13,852 14,072   31%  
13,853 14,073   14,213 14,433   29%  
14,214 14,434   14,574 14,794   27%  
14,575 14,795   14,935 15,155   25%  
14,936 15,156   15,296 15,516   23%  
15,297 15,517   15,657 15,877   21%  
15,658 15,878   16,020 16,240   19%  
over 16,020 16,240     No refund  

    Section 6. That § 10-45A-5 be amended to read:

    10-45A-5. The amount of any claim made pursuant to this chapter by a claimant from a household consisting solely of one person shall be determined as follows:

            (1)    If the claimant's income is five thousand six hundred thirty five thousand eight hundred ten dollars or less, a sum of two hundred fifty-eight dollars;
            (2)    If the claimant's income is five thousand six hundred thirty five thousand eight hundred ten dollars and not more than eleven thousand eight hundred eighty twelve thousand sixty dollars, a sum of forty-six dollars plus three and four-tenths percent of the difference between eleven thousand eight hundred eighty twelve thousand sixty dollars and the income of the claimant; and
            (3)    If the claimant's income is more than eleven thousand eight hundred eighty twelve thousand sixty dollars, no refund.

    Section 7. That § 10-45A-6 be amended to read:

    10-45A-6. The amount of any claim made pursuant to this chapter by a claimant from a household consisting of more than one person shall be determined as follows:

            (1)    If household income is nine thousand five hundred twenty nine thousand seven hundred forty dollars or less, the sum of five hundred eighty-one dollars;
            (2)    If household income is nine thousand five hundred twenty nine thousand seven hundred forty dollars and not more than sixteen thousand twenty sixteen thousand two hundred forty dollars, a sum of seventy-four dollars plus seven and eight-tenths percent of the difference between sixteen thousand twenty sixteen thousand two hundred forty dollars and total household income; and
            (3)    If household income is more than sixteen thousand twenty sixteen thousand two hundred forty dollars, no refund. ".

    Which motion prevailed.


    The question being "Shall SB 56 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; Partridge

    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.

56sta

    Sen. Wiik moved that the title to SB 56 be amended as follows:


    On page 1, line 2, of the printed bill, after "disability" insert ", to revise the income eligibility requirements for property and sales tax refunds,".

    Which motion prevailed and the title was so amended.

    SB 7: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance limits.

    Was read the second time.

    The question being "Shall SB 7 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


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

    Excused:
Cammack; 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.

    SB 8: FOR AN ACT ENTITLED, An Act to establish provisions as to how campaign contribution limits apply to certain aggregate contributions.

    Was read the second time.

    The question being "Shall SB 8 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; 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.

    SB 10: 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 second time.

    The question being "Shall SB 10 pass?"

    And the roll being called:


    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; 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.

    SB 11: 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 second time.

    The question being "Shall SB 11 pass?"

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

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

    Nays:
Stalzer; Sutton; Tapio

    Excused:
Cammack; 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.

    SB 12: 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 second time.



12wa

    Sen. Monroe moved that SB 12 be amended as follows:

    On page 1, line 14, of the printed bill, before "make" insert "carry on the circulator's person and".

    Which motion prevailed.

    The question being "Shall SB 12 pass as amended?"

    And the roll being called:

    Yeas 16, Nays 17, Excused 2, Absent 0

    Yeas:
Bolin; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Nesiba; Netherton; Otten (Ernie); Rusch; Russell; Stalzer; Sutton

    Nays:
Cronin; Ewing; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Novstrup; Peters; Soholt; Solano; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack; Partridge

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

    Sen. Nesiba announced his intention to reconsider the vote by which SB 12 lost.

    SB 58: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding tax increment financing districts.

    Was read the second time.

58aa

    Sen. Monroe moved that SB 58 be amended as follows:

    On page 3, line 9, of the printed bill, delete "all houses" and insert "any house".

    On page 3, line 11, delete "district is created" and insert "house is sold".
    Which motion prevailed.

    The question being "Shall SB 58 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Cammack; 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.

    Sen. Klumb moved that the Senate do now adjourn, which motion prevailed and at 4:48 p.m. the Senate adjourned.

Kay Johnson, Secretary