Senate Journal 1/25/2018 01:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, January 25, 2018

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate page Hannah Juelfs.

Roll Call: All members present except Sens. Netherton, Peters and Novstrup 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 eleventh 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 HB 1015, 1035, 1037, 1046, and 1047 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 78 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 46 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 5, of the printed bill, after "policy" insert "for school district employees".

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

On page 1, line 7, after "student" insert "on the same business day".

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 80 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 9, of the printed bill, after "." insert "Any partial term to fill a vacancy on the board may not count against the two-term limit.".

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 89 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 11, of the printed bill, after "." insert "Any partial term to fill a vacancy on the board may not count against the two-term limit.".

On the previous amendment, (89ka), delete "two-term" and insert "three-term".

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

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 64 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 61 and returns the same with the recommendation that said bill be amended as follows:

On page 1, line 8, of the printed bill, delete everything after "in" and insert "writing,".

On page 1, line 9, delete everything before "within" .

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 87 and returns the same with the recommendation that said bill be amended as follows:

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

" Section 1. That chapter 22-14 be amended by adding a NEW SECTION to read:

No building, structure, park, campus, or other area may be posted as a firearm-free zone unless any person entering the area is required to pass through an electronic device to detect the presence of a firearm on the body of that person or unless personnel trained by the entity or a delegate of the entity posting the area are located in the area. The provisions of this section do not apply to:

(1) Any county courthouse;

(2) The state capitol; or

(3) Any law enforcement office or building."

And that as so amended said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1041 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1030 and 1034 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 Commerce and Energy respectfully reports that it has had under consideration SB 101 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 28, 45, 48, 49, and 55 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 Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 57 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 57 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1005, 1032, 1033, 1051, 1079, and 1080 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

SIGNING OF BILLS

The President publicly read the title to

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.

And signed the same in the presence of the Senate.

MOTIONS AND RESOLUTIONS

Sen. Nesiba moved that SCR 6 be deferred to Tuesday, January 30^th, the thirteenth legislative day.

Which motion prevailed.

SR 1: A RESOLUTION, Confirming the legitimacy of, and South Dakota's support for, the 1868 Treaty of Fort Laramie.

Was read the second time.

Sen. Heinert moved that SR 1 as found on page 222 of the Senate Journal be adopted.

The question being on Sen. Heinert's motion that SR 1 be adopted.

And the roll being called:

Yeas 25, Nays 7, Excused 3, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Langer; Maher; Nelson; Nesiba; Otten (Ernie); Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Ewing; Jensen (Phil); Klumb; Kolbeck; Monroe; Partridge; Tapio

Excused:
Netherton; Novstrup; Peters

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SR 1 was adopted.

SCR 7 Introduced by: Senators Novstrup, Bolin, Cronin, Ewing, Greenfield (Brock), Klumb, Kolbeck, Langer, Maher, Netherton, Rusch, Russell, Solano, Stalzer, Tapio, White, and Wiik and Representatives Heinemann, Dennert, Greenfield (Lana), Howard, Kaiser, Latterell, Marty, May, Mickelson, Mills, Peterson (Kent), Qualm, Rasmussen, Rhoden, Rounds, Steinhauer, Wiese, and Zikmund

A CONCURRENT RESOLUTION, Supporting the State of Israel.

WHEREAS, the Charter of the United Nations recognizes the continued validity of rights granted by the League of Nations in 1922 to states or peoples that already existed under international instruments and this action was affirmed by both Houses of the United States Congress; and

WHEREAS, the State of Israel declared its independence and statehood on May 14, 1948, and the United States immediately recognized the State of Israel's independence and was the first country to do so; and

WHEREAS, the establishment of the State of Israel as a modern homeland for the Jewish people followed the extermination of more than six million European Jews during the early to mid-twentieth century; and

WHEREAS, the Israeli people have built one of the world's most dynamic cultural, economic, agricultural, and intellectual societies while confronting constant terrorism, the immense pressures of imminent war, constant missile barrages, economic boycotts, and ostracism from much of the international community; and

WHEREAS, in spite of these adversities, the State of Israel has established a strong democratic political system that guarantees its people freedom of speech, freedom of the press, fair and open elections, and respect for the rule of law for Jews and Arabs alike; and

WHEREAS, at great financial and social cost, the State of Israel has welcomed millions of immigrants from around the world and has made great strides in assimilating these immigrants into Israeli life and society; and

WHEREAS, the United States and the citizens of South Dakota share democratic values, common strategic interests, bonds of friendship, and mutual respect with the State of Israel; and

WHEREAS, the four thousand year history of the Jewish people and their land is documented in great detail in the Jewish Torah and throughout the Christian Bible:

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 Legislature reaffirms the strong bonds that connect the people of South Dakota and the United States to the people and State of Israel; and

BE IT FURTHER RESOLVED, the Legislature expresses its outrage regarding all terrorist acts perpetrated against the Israeli people, especially the bold and blatant declaration by the enemies of the State of Israel to destroy their small country, the same enemies who declare they will destroy the United States; and

BE IT FURTHER RESOLVED, the Legislature expresses strong support and a steadfast commitment to the security, welfare and survival of the sovereign State of Israel and recognizes its right to secure its borders and to act in self-defense to protect its citizens from acts of terrorism; and

BE IT FURTHER RESOLVED, that Israel has a right to exist.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 7 on the calendar of Tuesday, January 30^th, the thirteenth legislative day.

Sen. Curd moved that SB 84 be deferred to Wednesday, January 31^st, the fourteenth legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Health and Human Services on SB 105 as found on page 219 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 150 Introduced by: Senators Stalzer, Jensen (Phil), Kolbeck, Monroe, Nelson, Russell, and Tapio and Representatives Howard, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Goodwin, Gosch, Heinemann, Jensen (Kevin), Johnson, Kaiser, Karr, Latterell, Livermont, Marty, May, Peterson (Sue), Pischke, Rasmussen, Rounds, and Schaefer

FOR AN ACT ENTITLED, An Act to provide property tax relief through the creation of the property tax relief fund.

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

SB 151 Introduced by: Senators White, Frerichs, Heinert, and Youngberg and Representatives Glanzer, Beal, Chase, Pischke, and Rhoden

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of trailers at special events, and to declare an emergency.

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

SB 152 Introduced by: Senators Solano, Cronin, Curd, Haverly, Nesiba, Partridge, Rusch, Soholt, Stalzer, and Tidemann and Representatives Heinemann, Ahlers, Barthel, Bartling, Johns, Lust, McCleerey, McPherson, Mills, Reed, Ring, Rozum, Smith, Steinhauer, and York

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the sale and possession of tobacco products.

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

SB 153 Introduced by: Senator Novstrup and Representatives Wiese and Peterson (Sue)

FOR AN ACT ENTITLED, An Act to require disclosure of certain fees being imposed by overnight lodging accommodations.

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

SB 154 Introduced by: Senators Kennedy, Frerichs, and Youngberg and Representatives Bartling, Johns, and Lesmeister

FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.

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

SB 155 Introduced by: Senators Maher, Curd, and Ewing and Representatives Barthel and Lesmeister

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the liability of the cost of jail confinement.

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

SB 156 Introduced by: Senators Maher, Ewing, Frerichs, and Youngberg and Representatives Brunner, Lesmeister, Livermont, and Rhoden

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding brand inspections.

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

SB 157 Introduced by: Senator Frerichs and Representative McCleerey

FOR AN ACT ENTITLED, An Act to establish a bid process for the haying of certain interstate and highway medians.

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

SB 158 Introduced by: Senators Frerichs, Klumb, Nelson, Rusch, Solano, Stalzer, and Youngberg and Representatives Chase, Ahlers, Karr, Kettwig, Lesmeister, Livermont, McCleerey, and Mills

FOR AN ACT ENTITLED, An Act to require certain transfers of funds from the state highway fund to the local bridge improvement grant fund.

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

SB 159 Introduced by: Senators Nesiba, Frerichs, Heinert, Kennedy, Killer, and Sutton and Representatives Ring, Ahlers, Bartling, and Hawley

FOR AN ACT ENTITLED, An Act to revise the designated use of the additional net revenue from sales taxes collected from certain remote sellers.

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

SB 160 Introduced by: Senators Jensen (Phil) and Nelson

FOR AN ACT ENTITLED, An Act to prohibit certain gender identity instruction in public schools.

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

SB 161 Introduced by: Senators Jensen (Phil), Kolbeck, Nelson, Netherton, and Otten (Ernie) and Representative Pischke

FOR AN ACT ENTITLED, An Act to revise provisions regarding assault committed against certain persons.

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

SB 162 Introduced by: Senators Heinert, Kennedy, Killer, Langer, Nelson, Nesiba, Peters, Sutton, and Youngberg and Representatives Bartling, Ahlers, Bordeaux, Hawley, Lesmeister, McCleerey, Ring, Schaefer, Smith, and Wismer

FOR AN ACT ENTITLED, An Act to prohibit school lunch shaming.

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

SB 163 Introduced by: Senators Heinert, Frerichs, Kennedy, Killer, Maher, Nesiba, and Sutton and Representatives Bordeaux, Ahlers, Bartling, Lesmeister, McCleerey, Ring, Schaefer, Smith, and Wismer

FOR AN ACT ENTITLED, An Act to require certain reports in the event of an oil spill.

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

SB 164 Introduced by: Senators Heinert, Frerichs, Kennedy, Killer, Nesiba, Otten (Ernie), Peters, Rusch, Solano, and Sutton and Representatives McCleerey, Ahlers, Bartling, Bordeaux, Frye-Mueller, Hawley, Lesmeister, Otten (Herman), Ring, Schaefer, Schoenfish, Smith, and Wismer

FOR AN ACT ENTITLED, An Act to prohibit certain instances of inserting a catheter without consent of the patient and to create a penalty therefore.

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

SB 165 Introduced by: Senators Nelson, Jensen (Phil), Russell, and Stalzer and Representatives Pischke, Dennert, DiSanto, Kaiser, Marty, and Wiese

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody and visitation and the enforcement of those provisions.

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

SB 166 Introduced by: Senators Greenfield (Brock), Cronin, Frerichs, Heinert, Klumb, Langer, Maher, Netherton, Russell, Sutton, Tidemann, Wiik, and Youngberg and Representatives Qualm, Bordeaux, Dennert, Gosch, Greenfield (Lana), Kettwig, Lake, Latterell, Lesmeister, Marty, May, McCleerey, Mills, Peterson (Kent), Rasmussen, Rhoden, Schaefer, Schoenfish, Tulson, and Willadsen

FOR AN ACT ENTITLED, An Act to revise certain provisions relating to moisture and protein content devices and the fee that may be charged for such devices.

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

SB 167 Introduced by: Senators Greenfield (Brock), Jensen (Phil), Nelson, Russell, and Stalzer and Representatives Pischke, Campbell, Dennert, DiSanto, Frye-Mueller, Gosch, Kaiser, Karr, Livermont, Marty, May, Steinhauer, and Wiese

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consideration of joint physical custody of a minor.

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

SB 168 Introduced by: Senator Tapio and Representative Goodwin

FOR AN ACT ENTITLED, An Act to provide for mandatory drug testing for members of the Legislature.

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

SB 169 Introduced by: The Committee on Commerce and Energy at the request of the Office of the Governor

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of malt beverage manufacturers and microbreweries.

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

SB 170 Introduced by: Senator Partridge and Representative Otten (Herman)

FOR AN ACT ENTITLED, An Act to direct the implementation of the requirements of certain provisions regarding nonmeandered waters.

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

SB 171 Introduced by: Senators Frerichs and Maher and Representatives Marty, Lesmeister, Livermont, May, and Schaefer

FOR AN ACT ENTITLED, An Act to provide for the taxation of severed mineral interests and to provide for the extinction of de minimis claims through the utilization of tax deeds.

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

SB 172 Introduced by: Senators Curd, Ewing, Greenfield (Brock), Kolbeck, Langer, Maher, Stalzer, Tapio, and Youngberg and Representatives Heinemann, Brunner, Clark, Duvall, Hawley, Johnson, Kettwig, Lesmeister, Rounds, Schoenfish, Turbiville, and Wismer

FOR AN ACT ENTITLED, An Act to provide for an opt out by certain professions from the temporary licensing compact.

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

SB 173 Introduced by: Senators Curd, Cronin, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Kolbeck, Maher, Otten (Ernie), Partridge, Peters, Solano, Stalzer, Tidemann, White, and Wiik and Representatives Steinhauer, Ahlers, Bartling, Beal, Chase, Clark, Conzet, Greenfield (Lana), Lake, Otten (Herman), Pischke, Rhoden, Rounds, Turbiville, and Willadsen

FOR AN ACT ENTITLED, An Act to authorize malt beverage manufacturers to transfer a certain amount of product to certain retail facilities.

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

SJR 4 Introduced by: Senators Stalzer, Ewing, Jensen (Phil), Klumb, Kolbeck, Monroe, Rusch, Russell, Tapio, and Youngberg and Representatives Howard, Ahlers, Barthel, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Heinemann, Jensen (Kevin), Johns, Johnson, Kaiser, Latterell, Livermont, Marty, May, Otten (Herman), Peterson (Sue), Pischke, Qualm, Rasmussen, Rhoden, Rounds, Schaefer, Wiese, and York

A JOINT RESOLUTION, Proposing and submitting to the voters at the next general election a new section to Article XII of the Constitution of the State of South Dakota, relating to the creation and administration of a trust fund with the net receipts from certain unclaimed property.

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

SJR 5 Introduced by: Senators Stalzer, Kolbeck, Nelson, Russell, and Tapio and Representatives Howard, Brunner, Campbell, Clark, Dennert, DiSanto, Goodwin, Gosch, Heinemann, Jensen (Kevin), Johnson, Kaiser, Karr, Latterell, Livermont, Marty, Peterson (Sue), Pischke, and Schaefer

A JOINT RESOLUTION, Proposing and submitting to the voters an amendment to the Constitution of the State of South Dakota regarding the maximum annual change in general fund appropriations.

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

SJR 6 Introduced by: Senators Jensen (Phil), Frerichs, Kennedy, Killer, and Nelson and Representative Pischke

A JOINT RESOLUTION, to provide for the appointment process for the secretary of the Department of Tribal Relations.

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

SJR 7 Introduced by: Senator Greenfield (Brock) and Representative Johnson

A JOINT RESOLUTION, Rescinding House Joint Resolution 1001, adopted by the Ninetieth Legislature of the State of South Dakota.

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

The President declared that SB 107 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1005: FOR AN ACT ENTITLED, An Act to revise certain requirements for a recitation regarding the effect of a vote on certain ballot measures.

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

HB 1032: FOR AN ACT ENTITLED, An Act to exempt credit unions from the requirements to be licensed as real estate brokers.

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

HB 1033: FOR AN ACT ENTITLED, An Act to revise certain licensing renewal procedures for business insurance producers.

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

HB 1051: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding suspension or debarment of a business by the Bureau of Administration.

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

HB 1079: FOR AN ACT ENTITLED, An Act to authorize certain physical therapists to perform dry needling as a treatment technique.

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

HB 1080: FOR AN ACT ENTITLED, An Act to revise certain requirements to qualify for emblem specialty plates for motor vehicles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

SB 86: FOR AN ACT ENTITLED, An Act to revise certain requirements when a local unit of government sells surplus property through a real estate broker.

Was read the second time.

The question being "Shall SB 86 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Netherton; Novstrup; Peters

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 90: 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 second time.

The question being "Shall SB 90 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

Was read the second time.

The question being "Shall HB 1011 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions and regulations regarding medical assistants.

Was read the second time.

The question being "Shall HB 1020 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

Was read the second time.

Sen. Solano moved that SB 62 be amended as follows:

On page 6, line 1, of the Senate Judiciary Committee engrossed bill, delete everything after "the" and insert "provisions of the applicable federal law or regulation.".

On page 6, delete line 2.

Which motion prevailed.

The question being "Shall SB 62 pass as amended?"

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

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

Nays:
Partridge; Soholt

Excused:
Netherton; Novstrup; Peters

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

Was read the second time.

The question being "Shall SB 19 pass as amended?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

Was read the second time.

Sen. Kolbeck moved that SB 94 be amended as follows:

On page 2, line 3, of the Senate Education Committee engrossed bill, delete "that meets the course requirements of § 13-55-31".

Which motion prevailed.

Sen. Greenfield (Brock) moved that SB 94 be placed to follow HB 1040 on today's calendar.

Which motion prevailed.

SJR 2: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota, relating to the militia of the state.

Was read the second time.

Sen. Stalzer moved that SJR 2 be amended as follows:

On page 1, line 13, of the printed resolution, after "person" insert "legally".

Which motion prevailed.

The question being "Shall SJR 2 pass as amended?"

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Heinert; Kennedy; Nesiba

Excused:
Netherton; Novstrup; Peters

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

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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 second time.

The question being "Shall HB 1069 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

HB 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 second time.

The question being "Shall HB 1013 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

HB 1001: FOR AN ACT ENTITLED, An Act to revise the membership of the Executive Board of the Legislative Research Council.

Was read the second time.

The question being "Shall HB 1001 pass?"

And the roll being called:

Yeas 14, Nays 18, Excused 3, Absent 0

Yeas:
Bolin; Cammack; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Russell; Stalzer; Tapio; Wiik

Nays:
Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Nesiba; Otten (Ernie); Partridge; Rusch; Soholt; Solano; Sutton; Tidemann; White; Youngberg

Excused:
Netherton; Novstrup; Peters

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

HB 1003: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the content of the campaign finance disclosure reports and to declare an emergency.

Was read the second time.

The question being "Shall HB 1003 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

HB 1006: FOR AN ACT ENTITLED, An Act to revise the extent of comments required by the director of the Legislative Research Council regarding certain ballot measures and the period of time in which those comments are to be made.

Was read the second time.

Sen. Sutton moved that HB 1006 be amended as follows:

On page 2 of the printed bill, delete lines 10 to 14, inclusive, and insert "

If the director of the Legislative Research Council receives any initiated measure or initiated amendment to the Constitution from December first to March first, inclusive, the director shall provide written comments as required pursuant to § 12-13-25 not more than fifteen work days following March first.".

Which motion lost.

The question being "Shall HB 1006 pass?"

And the roll being called:

Yeas 21, Nays 11, Excused 3, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer; Maher; Monroe; Otten (Ernie); Partridge; Rusch; Soholt; Solano; Stalzer; Tapio; Tidemann; Wiik

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Nelson; Nesiba; Russell; Sutton; White; Youngberg

Excused:
Netherton; Novstrup; Peters

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 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background checks for physicians and to declare an emergency.

Was read the second time.

The question being "Shall HB 1019 pass?"

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
Netherton; Novstrup; Peters

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

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the practice of podiatry and to authorize certain fee increases.

Was read the second time.

The question being "Shall HB 1021 pass?"

And the roll being called:

Yeas 29, Nays 3, Excused 3, Absent 0

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

Nays:
Jensen (Phil); Nelson; Russell

Excused:
Netherton; Novstrup; Peters

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

HB 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 second time.

The question being "Shall HB 1040 pass?"

And the roll being called:

Yeas 31, Nays 1, Excused 3, Absent 0

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

Nays:
Ewing

Excused:
Netherton; Novstrup; Peters

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.

There being no objection, the Senate reverted to Order of Business No. 13.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 94: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the opportunity scholarship program.

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

The question being "Shall SB 94 pass as amended?"

And the roll being called:

Yeas 25, Nays 6, Excused 4, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Greenfield (Brock); Haverly; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Monroe; Nelson; Nesiba; Otten (Ernie); Partridge; Rusch; Russell; Solano; Stalzer; Sutton; Tapio; White; Wiik; Youngberg

Nays:
Ewing; Frerichs; Heinert; Maher; Soholt; Tidemann

Excused:
Killer; Netherton; Novstrup; Peters

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.

SIGNING OF BILLS

The President publicly read the title to

SB 57: FOR AN ACT ENTITLED, An Act to revise certain references regarding the contractor's excise tax.

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.

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

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

And signed the same in the presence of the Senate.

SC 23 Introduced by: Senators Otten (Ernie), Ewing, Maher, and Peters and Representatives Otten (Herman), Beal, Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Jeff and Janine Nielsen on being awarded the 2018 South Dakota Retailer of the Year Award by the South Dakota Retailers Association.

WHEREAS, the Nielsens own a truck stop, four convenience stores, and four grocery stores, with no two of the businesses operated exactly alike, and each store aims to fit the needs of the local community; and

WHEREAS, Jeff and Janine Nielsen were nominated for the award by business colleagues, bankers, school officials, and others who praised the Nielsens for their vision, work ethic, commitment to the communities they serve, support for school and charitable events, friendly service, and for being excellent entrepreneurs; and

WHEREAS, the Nielsens were chosen for the award by a committee of retailers in recognition of Jeff and Janine Nielsen's commitment to running an excellent business and for outstanding service to their community:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and congratulates Jeff and Janine Nielsen on being awarded the 2018 South Dakota Retailer of the Year Award, recognizing the Nielsens' hard work and exemplary skills as business owners and extending best wishes for continued success and happiness.

SC 24 Introduced by: Senators Otten (Ernie), Ewing, Maher, and Peters and Representatives Otten (Herman), Beal, Hawley, Latterell, and Qualm

A LEGISLATIVE COMMEMORATION, Honoring and congratulating the Matt and Paula Loewe family as the 2018 Farm Family of the Year as awarded by the Sioux Falls Area Chamber of Commerce.

WHEREAS, Matt and Paula Loewe made their way to Lennox, South Dakota, after the farm manager position became available for the South Dakota State University Foundation's Opportunities Farm in 2001 and, through 2005, the Loewes managed the farm for the foundation; and

WHEREAS, today, the Loewes rent nearly one thousand acres of crop and pasture land from the foundation, and feed cattle in the feedlot; and

WHEREAS, the feedlot operation may have up to nine hundred ninety-nine cattle and features three different approaches to feeding cattle, including an open-air lot, monoslope barn, and covered lots; and

WHEREAS, the Loewes primarily raise corn and soybeans but have started planting some rye; and

WHEREAS, Matt and Paula Loewe have three daughters, Madeline, Kathryn, and Allison, who are all involved in Turner County 4-H:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature congratulates and honors the Matt and Paula Loewe family on being awarded the 2018 Farm Family of the Year, recognizing the family's hard work and exemplary skills as farmers, and extending best wishes for continued success and happiness.

Sen. Soholt moved that the Senate do now adjourn, which motion prevailed and at 4:00 p.m. the Senate adjourned.

Kay Johnson, Secretary