Senate Journal 1/31/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

FOURTEENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 31, 2018

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

The prayer was offered by the Chaplain, Rev. Lizette Hunt, followed by the Pledge of Allegiance led by Senate pages Dylan Gerlach and Mit Patel.

Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

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 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed James J. Breckenridge, Minnehaha County, Sioux Falls, South Dakota, to the South Dakota Building Authority.

This appointment is effective January 15, 2018, and shall continue until January 17, 2022.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 30, 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 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Steven J. Zellmer, Pennington County, Rapid City, South Dakota, to the South Dakota Building Authority.

This appointment is effective January 9, 2018, and shall continue until January 17, 2022.

Sincerely,
Dennis Daugaard
Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

January 22, 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 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed Jamie Huizenga, of Hughes County, Pierre, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective January 22, 2018, and shall continue until January 1, 2021.

Sincerely,
Dennis Daugaard

Governor

The President announced the referral of the appointment to the Committee on Commerce and Energy.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration HB 1014 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Transportation respectfully reports that it has had under consideration SB 114 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 126 and 147 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 Health and Human Services respectfully reports that it has had under consideration HB 1027 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 106 and returns the same with the recommendation that said bill be amended as follows:

106ka

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

" Section 1. That § 26-7A-19 be amended to read:

26-7A-19. If the child is an apparent, alleged, or adjudicated abused or neglected child, after the temporary custody hearing the court may:

(1) Order the release of the child from temporary custody, either with or without restriction or condition or upon written promise of the child's parents, guardian, or custodian regarding the care and protection of the child; or

(2) Continue the temporary custody of the child under the terms and conditions for duration and placement that the court requires, including placement of temporary custody of the child with the Department of Social Services, in foster care or shelter. The court and the Department of Social Services shall give placement preference to a relative or, custodian, or an individual, not related by birth, adoption, or marriage to the child but who has an emotionally significant relationship with the child, who is available and who has been determined by the department to be qualified, provided that placement with ~~the~~ that relative or, custodian, or individual is in the best interest of the child. If temporary custody of the child is continued by the court, the court may provide for visitation of the child by the child's parents, guardian, custodian, or family members in keeping with the best interests of the child. If the child is in temporary custody of the Department of Social Services and has not been adjudicated

as an abused or neglected child, the court shall review the child's temporary custody placement at least once every sixty days.

As used in this section, the term, relative, means an adult who is related to the child by blood, adoption, or marriage, and who is the child's grandparent, aunt, uncle, sibling, brother-in-law, sister-in-law, niece, nephew, great grandparent, great uncle, great aunt, first cousin, second cousin, stepparent, or stepsibling.

As used in this section, the term, custodian, means an adult who is the biological parent, adoptive parent, or guardian of the child's sibling or half-sibling. "

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 108 and 109 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SB 76 and returns the same with the recommendation that said bill be amended as follows:

76ab

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

" Section 1. That the code be amended by adding a NEW SECTION to read:

The Department of Tribal Relations, in off-election years, shall in cooperation with the secretary of state, counties, and tribes comply with the Help America Vote Act and assist with election grants, education, and additional satellite-voting center locations on Indian reservations."

76ata

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding".

On page 1, line 2, delete everything before "." and insert "voter registration".

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 the nomination of Scott Bollinger of Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Administration and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of the Honorable Gene Paul Kean of Minnehaha County, Sioux Falls, South Dakota, to the Government Accountability Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of the Honorable David Gienapp of Lake County, Madison, South Dakota, to the Government Accountability Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of the Honorable Patricia C. Riepel of Minnehaha County, Sioux Falls, South Dakota, to the Government Accountability Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Justice Lori Wilbur of Minnehaha County, Sioux Falls, South Dakota, to the Government Accountability Board and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of David R. Emery of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Kurt E. Solay of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 17, 27, and 40 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HCR 1003 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 2 in which the House has concurred.

Also MR. PRESIDENT:

I have the honor to return herewith SB 17, 27, and 40 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1008, 1012, 1045, 1053, 1064, 1066, 1076, 1078, 1082, 1088, 1093, 1094, 1096, 1098, and 1104 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

HCR 1005: A CONCURRENT RESOLUTION, Commending and recognizing the numerous contributions made by South Dakota's social workers and recognizing March 2018 as National Social Work Month.

Was read the second time.

Sen. Frerichs moved that the Senate do concur in HCR 1005 as found on page 171 of the House Journal.

The question being on Sen. Frerichs' motion that HCR 1005 be concurred in.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1005 was concurred in.

SCR 8 Introduced by: Senators Russell, Cammack, Ewing, Greenfield (Brock), Maher, Nelson, and Novstrup and Representatives Marty, Brunner, Campbell, Dennert, Frye-Mueller, Goodwin, Howard, Kaiser, Livermont, May, Pischke, Qualm, and Rhoden

A CONCURRENT RESOLUTION, Requesting federal natural resource agencies to refrain from designating wilderness areas in South Dakota without approval of the Legislature.

WHEREAS, Congress passed the Wilderness Act of 1964 "to establish a National Wilderness Preservation System for the permanent good of the whole people, and for other purposes"; and

WHEREAS, under the Wilderness Act of 1964 and subsequent federal legislation, many areas across the nation have been designated as "wilderness areas" or "roadless areas"; and

WHEREAS, the effect of the designation of wilderness areas in many cases is to hinder or preclude the ability of South Dakota citizens to develop and use the natural resources of this state in a fair and equitable manner; and

WHEREAS, many of our rural economies depend on a combination of multiple uses of our public lands, such as agriculture, grazing, timber production, and mineral development, as well as motorized and mechanized recreation, all of which may be prohibited or seriously inhibited by a wilderness management; and

WHEREAS, wilderness management designations may limit the land management options available to public land managers to protect forest health and dependent watersheds and other public lands; and

WHEREAS, land and resource conservation decisions must consider the relationship between the land and the local economy, because many jobs are tied to activities on public lands such as mining, agriculture, and tourism; and

WHEREAS, programs for the designation of wilderness areas in South Dakota must be based upon the principles of balance, stewardship, and collaboration of all affected parties; and

WHEREAS, the South Dakota Legislature finds that a regional strategy involving all affected parties is the preferred approach to the management for wilderness areas:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the South Dakota Legislature requests the United States Department of the Interior, the United States Department of Agriculture, the Bureau of Land Management, the United States Forest Service, and other federal natural resource and land management agencies to structure their policies so that no area in South Dakota may be designated or managed as a wilderness unless the designation has been approved by a two-thirds majority in each house of the South Dakota Legislature; and

BE IT FURTHER RESOLVED, that the United States Congress enact legislation to release all wilderness study and management areas in order to secure the rights of South Dakota citizens to use these public lands for public purposes, including for purposes of multiple recreation use, unless Congress confirms a study area for inclusion in the National Wilderness Preservation System.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 8 on the calendar of Thursday, February 1^st, the fifteenth legislative day.

SCR 9 Introduced by: Senators Cammack, Bolin, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tidemann, White, Wiik, and Youngberg and Representatives Rounds, Ahlers, Anderson, Bartels, Barthel, Bartling, Beal, Bordeaux, Campbell, Carson, Chase, Clark, Conzet, Dennert, Diedrich, DiSanto, Duvall, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haugaard, Hawley, Heinemann, Holmes, Howard, Hunhoff, Jamison, Johns, Johnson, Kaiser, Karr, Kettwig, Lake, Latterell, Lesmeister, Livermont, Lust, Marty, May, McCleerey, Mickelson, Mills, Otten (Herman), Peterson (Kent), Peterson (Sue), Pischke, Qualm, Rasmussen, Reed, Rhoden, Ring, Schaefer, Schoenfish, Smith, Steinhauer, Stevens, Tulson, Turbiville, Wiese, Willadsen, Wismer, York, and Zikmund

A CONCURRENT RESOLUTION, Strengthening the sister-state ties between the State of South Dakota and the Republic of China (Taiwan), supporting the signing of a Bilateral Trade Agreement between Taiwan and the United States, and reaffirming support for increasing Taiwan's international profile.

WHEREAS, the State of South Dakota and Taiwan entered into a sister-state relationship in 1984; and

WHEREAS, Taiwan shares the same values of freedom, democracy, rule of law, and respect for human rights with South Dakota; and

WHEREAS, South Dakota and Taiwan have enjoyed a long and mutually beneficial relationship and anticipate continuing growth; and

WHEREAS, negotiations for a fair and reciprocal Bilateral Trade Agreement between Taiwan and the United States are an important step toward further strengthening bilateral trade, thereby increasing South Dakota's exports to Taiwan and promoting two-way investment; and

WHEREAS, Taiwan honored fifty-two South Dakota veterans who served in Taiwan during 1955-1979 with the presentation of the "U.S.-R.O.C. Mutual Defense Commemorative Badge" in August 2017, demonstrating that Taiwan is a longtime and firm ally of the United States; and

WHEREAS, Taiwan, as a responsible stakeholder and contributor in the international community, is seeking to meaningfully participate in the World Health Organization, International Civil Aviation Organization, and International Criminal Police Organization:

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 praises Taiwan's mature and vital democracy, as well as celebrates the thirty-fourth anniversary of sister-state relations with Taiwan; and

BE IT FURTHER RESOLVED, that the Legislature supports the signing for a Bilateral Trade Agreement with Taiwan and welcomes even closer bilateral trade and investment ties; and

BE IT FURTHER RESOLVED, that the Legislature supports Taiwan's appropriate participation in international organizations that impact the health, safety, and well-being of its people.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 9 on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day.

HCR 1003: A CONCURRENT RESOLUTION, Promoting a resilient and healthy Black Hills forest through endorsement of the forest management principles identified in "Black Hills Resilient Forest Strategy" published December 2017.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1003 on the calendar of Thursday, February 1^st, the fifteenth legislative day.

Sen. Curd moved that SB 84 be placed to follow SB 111 on today's calendar.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Commerce and Energy on SB 119 as found on page 264 of the Senate Journal; also

Judiciary on SB 139 as found on page 264 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 175 Introduced by: Senators Solano, Cammack, Cronin, Frerichs, Haverly, Klumb, Kolbeck, Maher, Partridge, Peters, Soholt, and Youngberg and Representatives Brunner, Beal, Conzet, Glanzer, Rhoden, and Rounds

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the carrying of concealed pistols by certain persons.

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

SB 176 Introduced by: Senators Rusch, Frerichs, Kennedy, Killer, Kolbeck, Monroe, Novstrup, Otten (Ernie), and Peters and Representatives Jensen (Kevin), Campbell, Glanzer, Greenfield (Lana), Haugaard, Lesmeister, Pischke, Rasmussen, Ring, Wiese, and Willadsen

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the prescription of opioids.

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

SB 177 Introduced by: Senators Nelson, Kennedy, Monroe, Nesiba, and Sutton and Representatives Duvall, Ahlers, McCleerey, Ring, Rounds, Turbiville, and Wismer

FOR AN ACT ENTITLED, An Act to require an annual increase in certain state employee pay by an increase in the consumer price index.

Was read the first time.

SB 178 Introduced by: Senators Soholt, Cronin, Haverly, Otten (Ernie), Peters, Rusch, and Solano and Representatives Otten (Herman), Barthel, Duvall, Holmes, Johnson, Kaiser, Kettwig, Reed, Ring, Smith, and Zikmund

FOR AN ACT ENTITLED, An Act to provide certain exceptions from alcoholic beverage provisions regarding events conducted by certain civic, charitable, educational, fraternal, or veterans organizations.

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

SB 179 Introduced by: Senators Rusch, Klumb, and Stalzer and Representatives Ring, Bartling, Heinemann, Reed, and Rozum

FOR AN ACT ENTITLED, An Act to provide certain provisions regarding aerial applicators.

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

SB 180 Introduced by: Senators Tidemann, Haverly, Partridge, Peters, White, and Wiik and Representatives Hunhoff, Barthel, Hawley, Johns, Reed, and Smith

FOR AN ACT ENTITLED, An Act to authorize the establishment of pretrial diversion programs.

Was read the first time.

SB 181 Introduced by: Senators Nelson, Cronin, Curd, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Netherton, Otten (Ernie), Russell, Soholt, Solano, Stalzer, Sutton, Tapio, Wiik, and Youngberg and Representatives Kaiser, Ahlers, Beal, Bordeaux, Brunner, Campbell, Clark, Dennert, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haugaard, Heinemann, Howard, Jensen (Kevin), Karr, Lake, Latterell, Lesmeister, Livermont, Marty, May, Mills, Otten (Herman), Peterson (Sue), Pischke, Qualm, Rasmussen, Rhoden, Rounds, Schaefer, Schoenfish, Steinhauer, Wiese, York, and Zikmund

FOR AN ACT ENTITLED, An Act to provide for the Servicemember Firearms Protection Act.

Was read the first time.

SB 182 Introduced by: Senators Nelson, Bolin, Cronin, Curd, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Killer, Klumb, Monroe, Netherton, Partridge, Russell, Soholt, Stalzer, Tapio, Tidemann, Wiik, and Youngberg and Representatives Latterell, Ahlers, Barthel, Beal, Brunner, Campbell, Clark, DiSanto, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Howard, Johnson, Kaiser, Karr, Lake, Livermont, Marty, May, Mills, Peterson (Sue), Pischke, Rasmussen, Rhoden, Ring, Rounds, Schaefer, Schoenfish, Steinhauer, Turbiville, and Wismer

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of rape.

Was read the first time.

SB 183 Introduced by: Senators Cammack, Frerichs, Greenfield (Brock), Heinert, Klumb, Kolbeck, Langer, Nesiba, Sutton, Tidemann, White, and Youngberg and Representatives Qualm, Anderson, Bartels, Bartling, Hawley, Hunhoff, Kettwig, Mills, Otten (Herman), Peterson (Kent), Reed, and Tulson

FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a precision agriculture classroom and laboratory building and renovation of the first and second floors of Berg Agriculture Hall at South Dakota State University and to make an appropriation therefor.

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

SB 184 Introduced by: Senator Kolbeck and Representative Rounds

FOR AN ACT ENTITLED, An Act to authorize the operation of business development banks.

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

SB 185 Introduced by: Senators Langer, Cronin, Haverly, Heinert, Kennedy, Kolbeck, Maher, Netherton, Partridge, Rusch, Wiik, and Youngberg and Representatives Johns, Ahlers, Gosch, Hunhoff, Rozum, and Stevens

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal record expungement.

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

SB 186 Introduced by: Senators Heinert, Frerichs, Kennedy, Killer, Nesiba, Rusch, and Sutton and Representatives Bartling, Ahlers, Bordeaux, Diedrich, Lesmeister, McCleerey, Ring, Schoenfish, Smith, and Wismer

FOR AN ACT ENTITLED, An Act to prohibit the cancellation or nonrenewal of a health insurance policy for a preexisting condition.

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

SB 187 Introduced by: Senators Solano and Rusch and Representative Johnson

FOR AN ACT ENTITLED, An Act to accommodate legislation authorizing the issuance of wine manufacturer licenses.

Was read the first time.

SB 188 Introduced by: Senators Frerichs, Heinert, Kennedy, Killer, and Nelson and Representatives Bartling, May, and Schoenfish

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

Was read the first time.

SB 189 Introduced by: Senator Bolin and Representative Ahlers

FOR AN ACT ENTITLED, An Act to reduce the number of senatorial and representative districts, and to reduce the number of senators and representatives.

Was read the first time.

SB 190 Introduced by: Senators Bolin, Klumb, Nelson, Otten (Ernie), Russell, Stalzer, and Wiik and Representatives Campbell, Beal, Brunner, and Jensen (Kevin)

FOR AN ACT ENTITLED, An Act to require the approval of the Legislature before the state adopts certain changes to the Medicaid program.

Was read the first time.

SB 191 Introduced by: Senators Netherton, Curd, Greenfield (Brock), Langer, Nelson, and Rusch and Representatives Kaiser, Barthel, Jensen (Kevin), Latterell, Lust, Peterson (Kent), Qualm, Rhoden, and Rozum

FOR AN ACT ENTITLED, An Act to provide certain venue for enforcement of protection orders and conditions for no contact.

Was read the first time.

SJR 8 Introduced by: Senators Kennedy, Frerichs, Jensen (Phil), Novstrup, and Otten (Ernie) and Representatives Lesmeister, Bartling, and Hawley

A JOINT RESOLUTION, making formal application to the United States Congress to lawfully change the medical enrollment criteria for the Veterans Health Administration, to include all veterans who served in World War II and the Korean War and who received an honorable discharge for their service regardless of current income status.

Was read the first time.

SJR 9 Introduced by: Senators Tidemann, Cronin, Curd, Frerichs, Kennedy, Langer, Maher, Nesiba, Peters, Rusch, and Soholt and Representatives Hunhoff, Ahlers, Bartels, Beal, Brunner, Clark, Gosch, Kaiser, McCleerey, Schoenfish, and Zikmund

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 authorization of certain games of chance in the City of Yankton.

Was read the first time.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1008: FOR AN ACT ENTITLED, An Act to revise certain provisions that authorize the secretary of transportation to provide for temporary variable speed limits on state highways in the interests of highway safety due to varying weather, road work, and other conditions.

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

HB 1012: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding political party status and to declare an emergency.

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

HB 1045: FOR AN ACT ENTITLED, An Act to transfer funds from the budget reserve fund to support state aid to education 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 1045 on the calendar of Thursday, February 1^st, the fifteenth legislative day.

HB 1053: FOR AN ACT ENTITLED, An Act to provide certain earned discharge credits for inmates.

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

HB 1064: FOR AN ACT ENTITLED, An Act to expand the options for the beneficial disposition or use of certain real estate located in Minnehaha County, to make certain appropriations, 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 1064 on the calendar of Thursday, February 1^st, the fifteenth legislative day.

HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the issuance of vehicle license plates and stickers.

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

HB 1076: FOR AN ACT ENTITLED, An Act to authorize townships to use a tax levy for emergency medical services.

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

HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal of security freezes.

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

HB 1082: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure for the lending of money.

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

HB 1088: FOR AN ACT ENTITLED, An Act to revise the consignment sales requirements for dealers of motorcycles, off-road vehicles, snowmobiles, boats, and boat trailers.

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

HB 1093: FOR AN ACT ENTITLED, An Act to authorize certain insurance transactions and policies in a language other than English.

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

HB 1094: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding limitations on licensees engaged in the business of making loans.

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

HB 1096: FOR AN ACT ENTITLED, An Act to provide jurisdiction to magistrate judges for HOPE probation programs and to declare an emergency.

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

HB 1098: FOR AN ACT ENTITLED, An Act to make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes 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 1098 on the calendar of Thursday, February 1^st, the fifteenth legislative day.

HB 1104: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the arrest of certain victims of domestic abuse.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Rod Bowar of Lyman County, Kennebec, South Dakota, to the South Dakota Board of Technical Education.

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

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Jensen (Phil); Tapio