JOURNAL OF THE SENATE

NINETY-THIRD SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 23, 2018

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

    The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Margaret Fouberg.

    Roll Call: All members present except Sen. Cammack who was 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 ninth 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 25 and 34 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 33 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Joshua Klumb, Vice Chair

Also MR. PRESIDENT:

        The Committee on Education respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill be amended as follows:

19ca

    On page 2 of the printed bill, delete lines 3 and 4.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

        The Committee on Education respectfully reports that it has had under consideration SB 94 and returns the same with the recommendation that said bill be amended as follows:

94ja

    On page 1, line 6, of the printed bill, delete "shall" and insert "may also".

    On page 2, line 1, delete "comparable".

    On page 2, line 3, before ";" insert "which includes:

            (a)    Four or more units of language arts that include a minimum of the following:
            (i)    One and one-half units of writing;
            (ii)    One and one-half units of literature that must include one-half unit of American literature;
            (iii)    One-half unit of speech or debate; and
            (iv)    One-half unit of a language arts elective;
            (b)    Three units or more of social studies that include the following:
            (i)    One unit of U.S. history;
            (ii)    One-half unit of U.S. government;
            (iii)    One-half unit of geography;
            (iv)    One-half unit of world history; and
            (v)    One-half unit of a social studies elective;
            (c)    Four units of mathematics that must include the following:
            (i)    One unit of algebra I;
            (ii)    One unit of geometry;
            (iii)    One unit of algebra II; and
            (iv)    One unit of advanced math;
            (d)    Four units of science, including at least three units in laboratory science, that must include the following:
            (i)    One unit of biology;
            (ii)    One unit of any physical science;
            (iii)    One unit of chemistry or physics; and
            (iv)    One unit of science electives;
            (e)    Two units of world languages;
            (f)    One-half unit of personal finance or economics;
            (g)    One unit of fine arts;
            (h)    One-half unit of physical education; and
            (i)    One-half unit of health or health integration".

    And that as so amended said bill do pass.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

        The Committee on Judiciary respectfully reports that it has had under consideration SB 62 and returns the same with the recommendation that said bill be amended as follows:

62wa

    On page 1, line 6, of the printed bill, after "the" insert "unauthorized".

    On page 1, line 7, delete "an unauthorized" and insert "any".

    On page 1, line 15, delete "and" and insert "or".

    On page 2, delete line 13.

    On page 2, delete line 14, and insert: "
            (d)    Health information as defined in 45 CFR 160.103; or".

    On page 2, line 15, delete "(f)" and insert "(e)".

    On page 3, line 10, delete "or notification" and insert "by or notification to an information holder".

    On page 3, line 14, delete "forty-five" and insert "sixty".

    On page 5, after line 13, insert:

"    Section 8. That chapter 22-40 be amended by adding a NEW SECTION to read:

    Notwithstanding any other provisions in this Act, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the maintained procedures when a breach of system security occurs.".

62wb

    On page 3, line 16, of the printed bill, after "." insert "An information holder is not required to make a disclosure under this section if, following an appropriate investigation and notice to the attorney general, the information holder reasonably determines that the breach will not likely result in harm to the affected person. The information holder shall document the determination under this section in writing and maintain the documentation for not less than three years.".

    On page 5, line 9, delete "Each" and insert "The attorney general may prosecute each" and delete "is" and insert "as".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

        The Committee on Judiciary respectfully reports that it has had under consideration SB 84 and returns the same with the recommendation that said bill be amended as follows:

84aa

    On page 1 of the printed bill, delete lines 4 to 13, inclusive, and insert:

"

    No agency of the State of South Dakota or any political subdivision of the state may enter into a settlement agreement with any third party involving claims for monetary damages or

equitable relief in which the settlement agreement remains nondisclosure or confidential as to the terms of the settlement. Any settlement agreement under this section shall be a public record as defined under § 1-27-1.1. Nothing in this section may be interpreted".


    On page 6, line 11, overstrike "and".

    On page 6, line 13, after "benefits" insert "; and

            (28)    Records of investment or bankruptcy related to litigation involving the South Dakota Investment Council unless the litigation involves a finding of liability on the part of the South Dakota Investment Council".

84wa

    On page 1 of the printed bill, delete lines 4 to 13, inclusive, and insert:

"

    No agency of the State of South Dakota or any political subdivision of the state may enter into a settlement agreement with any third party involving claims for monetary damages or equitable relief in which the settlement agreement requires nondisclosure or confidentiality as to the terms of the settlement. Any settlement agreement under this section shall be a public record as defined under § 1-27-1.1. Nothing in this section may be interpreted".

    On page 6, line 11, overstrike "and".

    On page 6, line 13, after "benefits" insert "; and

            (28)    Records of investment or bankruptcy-related litigation involving the South Dakota Investment Council unless the litigation involves a finding of liability on the part of the South Dakota Investment Council".

    And that as so amended said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

        I have the honor to transmit herewith HCR 1002 which has been adopted by the House and your concurrence is respectfully requested.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1010, 1018, 1023, 1038, 1042, 1057, and 1077 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

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

    Sen. Nesiba moved that the Senate do now reconsider the vote by which SB 12 lost.

    The question being on Sen. Nesiba's motion to reconsider the vote by which SB 12 lost.

    And the roll being called:

    Yeas 13, Nays 21, Excused 1, Absent 0

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

    Nays:
Cronin; Curd; Ewing; Haverly; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Partridge; Peters; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

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

    HCR 1002: A CONCURRENT RESOLUTION, Recognizing the great need and offering support for additional mental health services in western South Dakota.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1002 on the calendar of Wednesday, January 24th, the eleventh legislative day.

    Sen. Greenfield (Brock) moved that SB 3 be referred from the Senate Committee on Appropriations to the Joint Committee on Appropriations; also



    SB 4 be referred from the Senate Committee on Appropriations to the Joint Committee on Appropriations; also

    SB 6 be referred from the Senate Committee on Appropriations to the Joint Committee on Appropriations; also

    SB 98 be referred from the Senate Committee on Appropriations to the Joint Committee on Appropriations; also

    SB 99 be referred from the Senate Committee on Appropriations to the Joint Committee on Appropriations

    Which motion prevailed.

    Sen. Curd moved that SB 79 be placed to follow SB 38 on today's calendar.

    Which motion prevailed.

    Sen. Curd moved that SJR 1 be deferred to Wednesday, January 24th, the eleventh legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 77 as found on page 168 of the Senate Journal; also

    Health and Human Services on SB 30 as found on page 169 of the Senate Journal; also

    Health and Human Services on SB 71 as found on page 169 of the Senate Journal be adopted.

    Which motion prevailed.


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 112 Introduced by: Senators Nelson, Frerichs, Greenfield (Brock), Jensen (Phil), Kolbeck, Maher, Monroe, Otten (Ernie), Russell, Stalzer, and Tapio and Representatives Kaiser, Beal, Bordeaux, Brunner, Campbell, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Howard, Latterell, Lesmeister, Livermont, Marty, May, Peterson (Sue), Pischke, and Rasmussen

    FOR AN ACT ENTITLED, An Act to repeal certain provisions requiring the attorney general to obtain the consent of the Governor prior to commencing an investigation.

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

    SB 113 Introduced by: Senators Rusch, Bolin, Cronin, Frerichs, Haverly, Kolbeck, Maher, Otten (Ernie), Peters, and Tidemann and Representatives Steinhauer, Campbell, Greenfield (Lana), Holmes, Johnson, McCleerey, Rasmussen, Reed, Ring, Schoenfish, and Smith

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding guaranteed energy savings contracts.

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

    SB 114 Introduced by: Senators Monroe, Ewing, Kolbeck, Stalzer, and Youngberg and Representatives Brunner, Dennert, Howard, Johns, Mickelson, Pischke, Rounds, and Zikmund

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal and storage of abandoned vehicles.

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

    SB 115 Introduced by: Senators Nelson, Haverly, Maher, Netherton, Russell, and Stalzer and Representatives Brunner, Clark, Howard, and Marty

    FOR AN ACT ENTITLED, An Act to provide for the lawful concealing of a firearm while driving a motorcycle.

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


    SB 116 Introduced by: Senators Nelson, Netherton, Russell, and Stalzer and Representatives Frye-Mueller, Brunner, Campbell, Clark, and Howard

    FOR AN ACT ENTITLED, An Act to provide for certain voting and attendance information to be made available by the director of the Legislative Research Council.

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

    SB 117 Introduced by: Senators Stalzer, Jensen (Phil), Klumb, Kolbeck, Monroe, Nelson, Netherton, Novstrup, Otten (Ernie), Rusch, Solano, and Wiik and Representatives Heinemann, Barthel, Brunner, Clark, DiSanto, Haugaard, Holmes, Howard, Latterell, Mills, Pischke, Qualm, Rhoden, Ring, Rounds, Schoenfish, Turbiville, Wiese, and Zikmund

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the partners in education tax credit program.

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

    SB 118 Introduced by: Senator Stalzer and Representative Zikmund

    FOR AN ACT ENTITLED, An Act to create a veterans cemetery fund and to declare an emergency.

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

    SB 119 Introduced by: Senators Solano, Cronin, Ewing, Haverly, Jensen (Phil), Langer, Maher, Monroe, Partridge, Peters, Soholt, Stalzer, and Tidemann and Representatives Chase, Bartling, Carson, DiSanto, Goodwin, Heinemann, McCleerey, McPherson, Mickelson, Mills, Peterson (Kent), Reed, Rounds, Smith, Tulson, Wiese, Wismer, and York

    FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the furnishing of fraudulent disability documentation when renting accommodations.

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

    SB 120 Introduced by: Senators Nesiba, Frerichs, Heinert, Kennedy, and Killer and Representatives Bartling, Ahlers, Hawley, Lesmeister, McCleerey, Ring, Smith, and Wismer

    FOR AN ACT ENTITLED, An Act to require a minimum amount of paid sick leave for employees.

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


    SB 121 Introduced by: Senators Nesiba, Frerichs, Heinert, Killer, and Sutton and Representatives Ahlers, Bartling, Hawley, Lesmeister, McCleerey, Ring, and Smith

    FOR AN ACT ENTITLED, An Act to prohibit employers from obtaining, seeking, or using certain prior salary information.

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

    SB 122 Introduced by: Senators Curd, Cronin, Kennedy, Langer, Maher, Peters, Rusch, Soholt, Stalzer, Tidemann, and White and Representatives Hunhoff, Barthel, Bartling, Brunner, Carson, Chase, Glanzer, Hawley, Heinemann, Jensen (Kevin), Kettwig, Lake, Marty, McCleerey, Mills, Peterson (Kent), Pischke, Rasmussen, Reed, Rhoden, Rounds, Rozum, Schoenfish, Smith, Tulson, Willadsen, Wismer, and York

    FOR AN ACT ENTITLED, An Act to provide for the payment of claims for covered services provided by a health care provider via telemedicine or telehealth.

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

    SB 123 Introduced by: Senators Curd, Cronin, Kennedy, Langer, Maher, Peters, Rusch, Soholt, Stalzer, Tidemann, and White and Representatives Hunhoff, Bartels, Barthel, Bartling, Brunner, Carson, Chase, Glanzer, Hawley, Heinemann, Jensen (Kevin), Kettwig, Lake, Marty, McCleerey, Mills, Peterson (Kent), Pischke, Rasmussen, Reed, Rhoden, Rounds, Rozum, Schoenfish, Smith, Tulson, Willadsen, Wismer, and York

    FOR AN ACT ENTITLED, An Act to provide for the utilization of telemedicine or telehealth by a health care professional.

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

    SB 124 Introduced by: Senators Bolin, Kolbeck, Otten (Ernie), Peters, Russell, Solano, and Stalzer and Representatives Mickelson, Beal, Clark, Haugaard, Heinemann, Peterson (Sue), Rozum, Steinhauer, and Zikmund

    FOR AN ACT ENTITLED, An Act to provide a felony penalty for certain violations of petition circulation laws.

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


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal protections for National Guard members ordered to active duty.

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

    HB 1018: FOR AN ACT ENTITLED, An Act to update and revise certain references and provisions regarding state agencies and the employment of certain public employees.

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

    HB 1023: FOR AN ACT ENTITLED, An Act to repeal certain provisions regarding pipeline safety.

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

    HB 1038: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the medical support obligations to a child.

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

    HB 1042: FOR AN ACT ENTITLED, An Act to revise certain references regarding the Division of Insurance.

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

    HB 1057: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the Madison Cyber Labs (MadLabs) and the demolition of Lowry Hall at Dakota State University, to make an appropriation therefor, and to declare an emergency.

    Was read the first time and the President Pro tempore waived the referral to the standing committee pursuant to Joint Rule 6D-1, and placed HB 1057 on the calendar of Wednesday, January 24th, the eleventh legislative day.

    HB 1077: FOR AN ACT ENTITLED, An Act to update certain language regarding capital punishment and to revise the mandatory sentence for persons with an intellectual disability convicted of murder in the first degree.

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


SECOND READING OF CONSENT CALENDAR ITEMS

    SB 68: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the assistance provided to counties by state firefighting resources.

    Was read the second time.

    The question being "Shall SB 68 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

    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 88: FOR AN ACT ENTITLED, An Act to revise certain provisions in regarding disinterment permits.

    Was read the second time.

    The question being "Shall SB 88 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack



    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 75: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the dispensing of biological products.

    Was read the second time.

    The question being "Shall SB 75 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

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

    HB 1068: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the collection of motor fuel tax from interstate fuel users.

    Was read the second time.

    The question being "Shall HB 1068 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg


    Excused:
Cammack

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

    HB 1048: FOR AN ACT ENTITLED, An Act to revise certain provisions referring to the statements on auditing standards utilized by the Department of Revenue.

    Was read the second time.

    The question being "Shall HB 1048 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

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

    HB 1049: FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

    Was read the second time.

    The question being "Shall HB 1049 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

    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 72: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding historical license plates for motor vehicles.

    Was read the second time.

    The question being "Shall SB 72 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

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

    Was read the second time.


    The question being "Shall SB 59 pass?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

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

    Nays:
Nelson

    Excused:
Cammack

    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 82: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the inspections of large passenger vehicles used by nonprofit organizations.

    Was read the second time.

    The question being "Shall SB 82 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

    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 74: FOR AN ACT ENTITLED, An Act to create an exception to the minimum difference in age between adoptive parent and child.

    Was read the second time.

74ja

    Sen. Klumb moved that SB 74 be amended as follows:

    On page 1, after line 10 of the printed bill, insert:

"    Section 2. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.".


    Which motion prevailed.

    The question being "Shall SB 74 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, 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); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Cammack

    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.

74jta

    Sen. Klumb moved that the title to SB 74 be amended as follows:

    On page 1, line 2, of the printed bill, after "child" insert "and to declare an emergency".

    Which motion prevailed and the title was so amended.



    SB 38: 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 second time.

    The question being "Shall SB 38 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Cammack

    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 79: FOR AN ACT ENTITLED, An Act to authorize for voters with no party affiliation to sign nominating petitions for candidates with a party affiliation.

    Was read the second time.

79wa

    Sen. Otten (Ernie) moved that SB 79 be amended as follows:

    On page 1, line 6, of the printed bill, overstrike "nor for whom the person is not entitled to vote,".

    Which motion prevailed.

    The question being "Shall SB 79 pass as amended?"

    And the roll being called:


    Yeas 24, Nays 10, Excused 1, Absent 0

    Yeas:
Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Maher; Nelson; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Sutton; Tidemann; White; Youngberg

    Nays:
Bolin; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Netherton; Stalzer; Tapio; Wiik

    Excused:
Cammack

    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.

COMMEMORATIONS

    SC 8 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, and Youngberg and Representatives Jensen (Kevin), Anderson, Beal, Brunner, Campbell, Clark, Holmes, Johns, Ring, Schaefer, Steinhauer, Stevens, Willadsen, and Zikmund

        A LEGISLATIVE COMMEMORATION, Honoring and commending Rick Williamson for his service to our state and nation and for his service as state commander of the Veterans of Foreign Wars.

    WHEREAS, Rick Williamson graduated from Brandon Valley High School in 1981 and joined the South Dakota National Guard in 1982; and

    WHEREAS, Rick Williamson and his unit were deployed to Iraq and served in this combat zone in 2004 and 2005, and he earned the Iraq Campaign Medal with two stars, Combat Action Badge, and the Army Achievement Medal for his service overseas; and

    WHEREAS, Rick has been a member of the Canton Veterans of Foreign Wars Post since 2005, and has served in many leadership positions in the Veterans of Foreign Wars; and

    WHEREAS, in 2017, Rick Williamson was elected the South Dakota State Commander of the Veterans of Foreign Wars:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature does hereby honor and commend Rick Williamson

of Canton, South Dakota, for his service to our state and nation, and especially commend him for his service as the state commander of the Veterans of Foreign Wars.

    SC 9 Introduced by: Senators Tidemann, Cronin, Curd, Frerichs, Greenfield (Brock), Haverly, Kolbeck, Maher, Nesiba, Netherton, Novstrup, Partridge, Peters, Rusch, Wiik, and Youngberg and Representatives Reed, Ahlers, Bartels, Bartling, Chase, Diedrich, DiSanto, Duvall, Hawley, Holmes, Hunhoff, Kettwig, Mills, Rounds, Rozum, Smith, Steinhauer, Wiese, and Wismer

        A LEGISLATIVE COMMEMORATION, Honoring the Brookings County Youth Mentoring Program.

    WHEREAS, the Brookings County Youth Mentoring Program has been serving the Brookings area for the last twenty years by providing one-on-one, community-based mentoring for any K-12 age child; and

    WHEREAS, the Brookings County Youth Mentoring Program takes pride in holding its structured youth mentoring program accountable to standards of Effective Practice for Mentoring established by MENTOR: The National Mentoring Partnership; and

    WHEREAS, youth development experts agree that mentoring is critical to the social, emotional, and cognitive development of youth, helping them navigate the path to adulthood more successfully, and, therefore, helping to reverse the often discouraging influence of disintegrating values that seem to surround us; and

    WHEREAS, honoring the Brookings County Youth Mentoring Program helps to raise awareness of the societal benefits of youth mentoring, recruit individuals to mentor, and encourage other organizations in South Dakota to engage and integrate quality mentoring into their efforts in order to strengthen the fiber of our communities and state:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Brookings County Youth Mentoring Program be honored as an exemplary program and commended for its service to the Brookings community.

    SC 10 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Lieutenant Scott Brown upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Lieutenant Scott Brown, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Lieutenant Scott Brown are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Lieutenant Scott Brown for his outstanding career commitment and service to the citizens of South Dakota.

    SC 11 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Sergeant Jeff Twite upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Sergeant Jeff Twite, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Sergeant Jeff Twite are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Sergeant Jeff Twite for his outstanding career commitment and service to the citizens of South Dakota.

    SC 12 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Jeff Riley upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Trooper Jeff Riley, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Trooper Jeff Riley are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Trooper Jeff Riley for his outstanding career commitment and service to the citizens of South Dakota.

    SC 13 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Nick Jensen upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Trooper Nick Jensen, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Trooper Nick Jensen are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Trooper Nick Jensen for his outstanding career commitment and service to the citizens of South Dakota.

    SC 14 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Jack Wagoner upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Trooper Jack Wagoner, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Trooper Jack Wagoner are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Trooper Jack Wagoner for his outstanding career commitment and service to the citizens of South Dakota.

    SC 15 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Lieutenant Scott Sheldon upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Lieutenant Scott Sheldon, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Lieutenant Scott Sheldon are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Lieutenant Scott Sheldon for his outstanding career commitment and service to the citizens of South Dakota.


    SC 16 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Mark Nelson upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Trooper Mark Nelson, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Trooper Mark Nelson are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Trooper Mark Nelson for his outstanding career commitment and service to the citizens of South Dakota.

    SC 17 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Highway Patrol Trooper Rick Olauson upon his retirement for his many dedicated years of service to South Dakotans as a highway patrolman.

    WHEREAS, Trooper Rick Olauson, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Trooper Rick Olauson are in keeping with the highest traditions of the South Dakota Highway Patrol:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Highway Patrol Trooper Rick Olauson for his outstanding career commitment and service to the citizens of South Dakota.

    SC 18 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Division of Criminal Investigation Special Agent Guy DiBenedetto upon his retirement for his many dedicated years of service to South Dakotans in the Division of Criminal Investigation.

    WHEREAS, Special Agent Guy DiBenedetto, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Special Agent Guy DiBenedetto are in keeping with the highest traditions of the South Dakota Division of Criminal Investigation:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Division of Criminal Investigation Special Agent Guy DiBenedetto for his outstanding career commitment and service to the citizens of South Dakota.

    SC 19 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Division of Criminal Investigation Special Agent Troy Boone upon his retirement for his many years of dedicated service to South Dakotans in the Division of Criminal Investigation.

    WHEREAS, Special Agent Troy Boone, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Special Agent Troy Boone are in keeping with the highest traditions of the South Dakota Division of Criminal Investigation:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Division of Criminal Investigation Special Agent Troy Boone for his outstanding career commitment and service to the citizens of South Dakota.

    SC 20 Introduced by: Senators Nelson and Russell and Representative Kaiser

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Division of Criminal Investigation Special Agent Jim Severson upon his retirement for his many dedicated years of service to South Dakotans in the Division of Criminal Investigation.

    WHEREAS, Special Agent Jim Severson, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Special Agent Jim Severson are in keeping with the highest traditions of the South Dakota Division of Criminal Investigation:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Division of Criminal Investigation Special Agent Jim Severson for his outstanding career commitment and service to the citizens of South Dakota.


    SC 21 Introduced by: Senators Nelson and Russell and Representative Pischke

        A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking South Dakota Division of Criminal Investigation Assistant Director Dan Satterlee upon his retirement for his many dedicated years of service to South Dakotans in the Division of Criminal Investigation.

    WHEREAS, Assistant Director Dan Satterlee, with the generous support of his family, served South Dakotans with selfless dedication to their safety; and

    WHEREAS, the actions, performance, and tenure of Assistant Director Dan Satterlee are in keeping with the highest traditions of the South Dakota Division of Criminal Investigation:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors, commends, and thanks South Dakota Division of Criminal Investigation Assistant Director Dan Satterlee for his outstanding career, commitment, and service to the citizens of South Dakota.

    Sen. Youngberg moved that the Senate do now adjourn, which motion prevailed and at 3:20 p.m. the Senate adjourned.

Kay Johnson, Secretary