Senate Journal 2/20/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, February 20, 2018

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

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

Roll Call: All members present except Sens. Killer and Soholt 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 twenty-fourth 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.

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

Pages - Brock Brown, Hannah Gates, Sarah Keefe, Arden Koenecke, Cody Marshall, Jakways Mendoza, Grace Partridge, Andrew Rasmussen, Caitlyn Speier

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

COMMUNICATIONS AND PETITIONS

December 13, 2017

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 Chapter1-16J of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Patrick J. Burchill, Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development 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 State Affairs.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 213 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 § 13-13-73.6 be amended to read:

13-13-73.6. The Department of Education shall calculate the following for each school district:

(1) The average teacher salary, based on data collected pursuant to §§ 13-8-47 and 13-3-51;

(2) The increase in local need pursuant to § 13-13-10.1, excluding any effect due to change in the school district's fall enrollment and less the amount of revenue generated in school fiscal year 2016 pursuant to § 13-10-6 as a percentage increase, from fiscal year 2016 to fiscal year 2017; and

(3) The increase in average teacher compensation as a percentage increase, as defined in § 13-8-47, from fiscal year 2016 to fiscal year 2017.

For each school district, the district's increase in average teacher compensation from fiscal year 2016 to 2017 shall be equal to at least eighty-five percent of the district's increase in local need, as defined in subdivision (2), from fiscal year 2016 to fiscal year 2017 and, notwithstanding any negotiated agreement, at least eighty-five percent of the increase in state aid to general education funding the school district receives for fiscal year 2017 less the amount of revenue generated in fiscal year 2016 pursuant to § 13-10-6 shall be used to increase instructional salaries and benefits for certified instructional staff.

If a district fails to comply with the requirements of this section, state aid to general education funding to the district in fiscal year 2018 shall be decreased by an amount equal to fifty percent of the amount calculated in subdivision (2). For fiscal years 2019, 2020, and 2021, if a district's average teacher compensation is less than the district's average teacher compensation in fiscal year 2017, state aid to general education funding to the district in the following fiscal year shall be reduced by an amount equal to five hundred dollars for each teacher employed in the school district. However, if the Legislature fails in any fiscal year to increase the average teacher salary by the index factor outlined in § 13-13-10.1, the accountabilities under this section are suspended for that fiscal year but may not fall below the 2017 level.

A school district may request a waiver from any penalty imposed under this section from the School Finance Accountability Board. "

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SCR 10 which was tabled.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 132 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 211 and returns the same with the recommendation that said bill be amended as follows:

On page 2, line 14, of the printed bill, before "watershed" insert "conservation districts,".

On page 2, line 15, before "municipal" insert "conservation and outdoor recreation organizations;".

And returns the same without recommendation.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SR 2 and returns the same with the recommendation that said resolution be amended as follows:

On page 1, line 4, of the printed resolution, delete "says" and insert "reads".

On page 1, delete lines 14 and 15.

On page 2, delete lines 1 to 3, inclusive.

On page 2, line 8, delete everything after "property," and insert "and it is the duty of our".

On page 2, delete line 9.

On page 3, line 1, before "use" insert "improper".

And that as so amended said resolution be adopted.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 170 which was tabled.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1136 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 1078, 1082, 1086, 1087, and 1088 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1072 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 HB 1028 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 Judiciary respectfully reports that it has had under consideration SB 175, which was reconsidered, and returns the same with the recommendation that said bill do not pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration the nomination of Anne Cannon Hajek, to the South Dakota Board of Pardons and Parole 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 Judiciary respectfully reports that it has had under consideration the nomination of Paige W. Bock, to the South Dakota Board of Pardons and Parole 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 Judiciary respectfully reports that it has had under consideration HB 1123 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 55 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 55 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1209 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1033.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 15: A CONCURRENT 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 or discharge under honorable conditions for their service regardless of current income status.

Was read the second time.

Sen. Kennedy moved that SCR 15 as found on page 349 of the Senate Journal be adopted.

The question being on Sen. Kennedy's motion that SCR 15 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; 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; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Killer; Soholt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 15 was adopted.

Sen. Kennedy moved that the Committee on Judiciary be instructed to deliver SB 95 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

Sen. Curd moved that SB 178 and 182 be deferred to Wednesday, February 21^st, the twenty-sixth legislative day.

Which motion prevailed.

Sen. Curd moved that SB 169 and 173 be deferred to Thursday, February 22^nd, the twenty-seventh legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Judiciary on HB 1077 as found on page 479 of the Senate Journal; also

Judiciary on SCR 16 as found on page 479 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Novstrup moved that HB 1029 be placed on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day pursuant to Joint Rule 6F-6.

The question being on Sen. Novstrup motion that HB 1029 be placed on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day.

And the roll being called:

Yeas 24, Nays 9, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Klumb; Kolbeck; Langer; Nesiba; Novstrup; Partridge; Peters; Rusch; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

Nays:
Jensen (Phil); Maher; Monroe; Nelson; Netherton; Otten (Ernie); Russell; Sutton; Tapio

Excused:
Killer; Soholt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HB 1029 was so placed.

Sen. Heinert moved that SB 162 be placed on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day pursuant to Joint Rule 6F-6.

The question being on Sen. Heinert motion that SB 162 be placed on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day.

And the roll being called:

Yeas 23, Nays 10, Excused 2, Absent 0

Yeas:
Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Peters; Rusch; Solano; Stalzer; Sutton; Tapio; Tidemann; Youngberg

Nays:
Bolin; Cammack; Greenfield (Brock); Klumb; Netherton; Otten (Ernie); Partridge; Russell; White; Wiik

Excused:
Killer; Soholt

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 162 was so placed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The President declared that SB 127 and 203 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1209: FOR AN ACT ENTITLED, An Act to require a National Instant Criminal Background Check for applicants of certain concealed carry permits.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Maher requested that HB 1032 be removed from the Consent Calendar.

HB 1244: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the renewal of driver licenses by a member of the armed forces and their families.

Was read the second time.

The question being "Shall HB 1244 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1050: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the prompt payment act.

Was read the second time.

The question being "Shall HB 1050 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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

Was read the second time.

The question being "Shall HB 1017 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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

Was read the second time.

The question being "Shall HB 1052 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1084: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding garnishment disclosure forms.

Was read the second time.

The question being "Shall HB 1084 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1085: FOR AN ACT ENTITLED, An Act to adopt the Uniform Unsworn Domestic Declarations Act.

Was read the second time.

The question being "Shall HB 1085 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1095: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding clerk magistrate jurisdiction.

Was read the second time.

The question being "Shall HB 1095 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1097: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding magistrate court jurisdiction over vulnerable adult protective or restraining orders.

Was read the second time.

The question being "Shall HB 1097 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1100: FOR AN ACT ENTITLED, An Act to require a name be printed on public contracts.

Was read the second time.

The question being "Shall HB 1100 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1112: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding contested paternity.

Was read the second time.

The question being "Shall HB 1112 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 1249: FOR AN ACT ENTITLED, An Act to authorize the training of tribal law officers at the Law Enforcement Training Center.

Was read the second time.

The question being "Shall HB 1249 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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 81: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the building South Dakota fund and the programs funded thereunder.

Was read the second time.

Sen. Partridge moved that SB 81 be amended as follows:

On page 5, line 11, of the Senate Appropriations Committee engrossed bill, delete everything after "grant".

On page 5, line 15, delete "program and economic development partnership".

On page 6, delete line 2.

On page 6, line 3, delete everything before "Interest" .

On page 7, line 14, delete everything after "." .

On page 7, delete line 15.

On page 7, line 16, delete everything before "Interest" .

Sen. Sutton requested a roll call vote.

Which request was supported.

The question being on Sen. Partridge's motion that SB 81 be amended.

And the roll being called:

Yeas 20, Nays 13, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Langer; Netherton; Novstrup; Partridge; Peters; Rusch; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Russell; Sutton

Excused:
Killer; Soholt

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

The question being "Shall SB 81 pass as amended?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

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

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

Excused:
Killer; Soholt

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

SB 93: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the intentional exposure of others to certain diseases.

Was read the second time.

The question being "Shall SB 93 pass as amended?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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

Was read the second time.

The question being "Shall SB 115 pass as amended?"

And the roll being called:

Yeas 16, Nays 17, Excused 2, Absent 0

Yeas:
Curd; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Sutton; Tapio; Wiik; Youngberg

Nays:
Bolin; Cammack; Cronin; Ewing; Frerichs; Haverly; Heinert; Kennedy; Langer; Nesiba; Novstrup; Partridge; Peters; Rusch; Solano; Tidemann; White

Excused:
Killer; Soholt

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

Sen. Nelson announced his intention to reconsider the vote by which SB 115 was lost.

SB 97: FOR AN ACT ENTITLED, An Act to provide a special motor vehicle license plate for certain women veterans.

Was read the second time.

The question being "Shall SB 97 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Excused:
Killer; Soholt

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

Was read the second time.

The question being "Shall SB 191 pass?"

And the roll being called:

Yeas 31, Nays 2, Excused 2, Absent 0

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

Nays:
Kennedy; Nesiba

Excused:
Killer; Soholt

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.

There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

Sen. Cammack moved that SCR 9 be deferred to Wednesday, February 21^st, the twenty-sixth legislative day.

Which motion prevailed.

Sen. Curd moved that the Committee on Health and Human Services be instructed to deliver SB 176 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was supported.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1031: FOR AN ACT ENTITLED, An Act to revise certain provisions and references regarding real estate licensing.

Was read the second time.

The question being "Shall HB 1031 pass?"

And the roll being called:

Yeas 30, Nays 2, Excused 3, Absent 0

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

Nays:
Nelson; Russell

Excused:
Heinert; Killer; Soholt

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 1219: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the use of night vision equipment in hunting.

Was read the second time.

The question being "Shall HB 1219 pass?"

And the roll being called:

Yeas 30, Nays 3, Excused 2, Absent 0

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

Nays:
Kennedy; Otten (Ernie); Solano

Excused:
Killer; Soholt

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 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 second time.

The question being "Shall HB 1096 pass?"

And the roll being called:

Yeas 25, Nays 8, Excused 2, Absent 0

Yeas:
Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Langer; Maher; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Bolin; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Monroe; Nelson; Russell

Excused:
Killer; Soholt

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.

SIGNING OF BILLS

The President publicly read the title to

SB 34: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration for pesticide products.

SB 55: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax on endoparasiticides and ectoparasiticides.

SB 141: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding pharmacy benefits management.

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.

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

HB 1024: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding South Dakota One Call.

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

HB 1043: FOR AN ACT ENTITLED, An Act to authorize the construction of a National Guard Readiness Center at the Rapid City Airport, to make an appropriation therefor, and to declare an emergency.

HB 1060: FOR AN ACT ENTITLED, An Act to authorize the South Dakota Building Authority and the Board of Regents to finance, design, and renovate the Dakota Dome at the University of South Dakota and to make an appropriation therefor.

HB 1061: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of two athletic and recreation fields and related structures at Northern State University, to make an appropriation therefor, and to declare an emergency.

HB 1062: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to purchase unimproved real property in Brown County, to make an appropriation therefor, and to declare an emergency.

HB 1065: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the National Music Museum in Vermillion and to make an appropriation therefor.

HB 1071: FOR AN ACT ENTITLED, An Act to authorize the relocation of the School for the Blind and the Visually Impaired and the transfer of its existing real estate and facilities to Northern State University, to authorize actions necessary to accomplish that relocation and transfer, to protect the permanent endowment trust through exchanges of real estate and facilities, to appropriate funds, and to declare an emergency.

HB 1074: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the creation of business improvement districts.

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

HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding dual education credit.

HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the vehicles required to stop at a state weighing station.

HB 1115: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crop liens.

HB 1119: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding riparian buffer strips.

HB 1127: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to fees charged for security freezes.

HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax exemption of certain school owned property.

HB 1148: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the eligibility to serve on the Game, Fish, and Parks Commission.

HB 1214: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Conservation Commission and conservation districts.

And signed the same in the presence of the Senate.

SC 39 Introduced by: Senators Kolbeck and Soholt and Representatives Zikmund, Holmes, Mickelson, and Peterson (Sue)

A LEGISLATIVE COMMEMORATION, Commending and honoring the 2017 Sioux Falls Lincoln High School Patriot Marching Band for its many accomplishments.

WHEREAS, the Lincoln High School Patriot Marching Band is one of the largest band programs, with 244 members including color guard members and was led under the direction of head director, Mr. Dan Carlson, and assistant director, Mr. Sam Anderson; and

WHEREAS, the Lincoln High School Patriot Marching Band 2017 season featured the field show "The Underground" including the following musical selections: "Sing, Sing, Sing" by Louis Prima, "Impossible Year" by Panic at the Disco, "Symphony No. 2" by Dmitri Shostakovich, and "Children's Hour of Dreams" by Charles Mingus; and

WHEREAS, the Lincoln High School Patriot Marching Band began their season in Marshall, Minnesota, for the Pursuit of Excellence Field Competition, where the band earned the sweepstakes trophy and every possible caption including best drumline, front ensemble, color guard, brass, woodwinds, music execution, visual execution, drum majors and general effect. The Lincoln High School Patriot Marching Band also placed first in Class AAAA Parade and in Class AAAA Field Competition at the Tri-State Band Festival in Luverne, Minnesota, and also earned the sweepstakes trophy and every possible caption; and

WHEREAS, the Lincoln High School Patriot Marching Band traveled to Brandon for the Big Sioux Review Competition and won all captions and the sweepstakes trophy. The band traveled to Minneapolis, Minnesota, to compete in the Youth in Music Field Championship. Out of 27 bands, the band came in 3rd overall in the finals competition and won best colorguard; and

WHEREAS, the Lincoln High School Patriot Marching Band capped its competition season with two thrilling performances at the Bands of America St. Louis Super Regional Championship. Lincoln captured 2nd place in its class and 10th overall in a field of 65 bands

from 11 states. They additionally earned a coveted spot in the Championship Finals where they competed against some of the top ranked bands in the nation, finishing in 13th place:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the 2017 Sioux Falls Lincoln High School Patriot Marching Band be honored and congratulated for its many accomplishments.

SC 40 Introduced by: Senators Stalzer, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Russell, Soholt, Solano, Sutton, Tapio, Tidemann, White, Wiik, and Youngberg and Representatives Zikmund, Ahlers, Anderson, Bartels, Barthel, Bartling, Beal, Bordeaux, Brunner, Campbell, Carson, Chase, Clark, Conzet, Dennert, Diedrich, DiSanto, Duvall, Frye-Mueller, Glanzer, Goodwin, Gosch, Greenfield (Lana), Haugaard, Hawley, Heinemann, Holmes, Howard, Hunhoff, Jamison, 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, Rounds, Rozum, Schaefer, Schoenfish, Smith, Steinhauer, Stevens, Tulson, Turbiville, Wiese, Willadsen, and York

A LEGISLATIVE COMMEMORATION, Commending the South Dakota Air National Guard's 114th Fighter Wing on being awarded the Distinguished Flying Unit Plaque.

WHEREAS, the South Dakota Air National Guard's 114th Fighter Wing was presented the Distinguished Flying Unit Plaque in 2017; and

WHEREAS, the Distinguished Flying Unit Plaque is presented to the top five most outstanding flying units in the Air National Guard each year; and

WHEREAS, this is the seventh time the 114th Fighter Wing has won the prestigious award; and

WHEREAS, the selection is based on overall combat readiness and the unit's performance with respect to all other Air National Guard flying units in the areas of flying safety, aircraft operation readiness, weapons firing, unit alerts, unit manning, skill level qualifications, retention, drill attendance, operational readiness inspections, outstanding accomplishments, and special missions all being factors in the evaluation and selection; and

WHEREAS, the 114th Fighter Wing continues to demonstrate continued support to its community and the state of South Dakota:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature expresses its respect, commendation, and congratulations to the South Dakota Air National Guard 114th Fighter Wing for its seventh award of the Distinguished Flying Unit Plaque and for its outstanding service to the great state of South Dakota and to the United States of America.

SC 41 Introduced by: Senators Tapio, Bolin, Cammack, Cronin, Curd, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Rusch, Russell, Soholt, Solano, Stalzer, Sutton, Tidemann, White, Wiik, and Youngberg

A LEGISLATIVE COMMEMORATION, Commending and honoring the service and sacrifice of Army Corporal Branden Stackenwalt of Rapid City to our country and to soldiers recovering from post traumatic stress disorder.

WHEREAS, Corporal Branden Stackenwalt has served his country and our military with honor and distinction in deployed tours of both Iraq and Afghanistan; and

WHEREAS, Branden Stackenwalt suffered critical injuries in an improvised explosive device attack in September of 2009; and

WHEREAS, he endured dozens of surgeries to repair damage to his spine, arm, and legs and underwent months of therapy to regain cognitive and physical function in the wake of horrific injury; and

WHEREAS, Branden has since conducted himself in a manner of humble courage and effervescent positivity that is an inspiration and comforting encouragement to military veterans and civilians alike; and

WHEREAS, Branden's unique experience, perspective and knowledge of post-military adjustment, and physical struggle after being injured in battle represents a skillset of compassionate wisdom and genuine empathy that cannot be duplicated by any academic degree, graduate, undergraduate, or otherwise; and

WHEREAS, Branden's special abilities of communication and kindness are a unique resource that cannot be emulated in the clinical or mental health armatures of the Veteran's Administration system of care alone; and

WHEREAS, Branden has expressed a continual desire to be of ongoing service and assistance to his nation, his state, and his fellow soldiers; and

WHEREAS, our nation suffers the peacetime loss of dozens of servicemen and women each year by suicide when they become overwhelmed by the unseen scars to mind and heart; and

WHEREAS, our honored veterans routinely exhibit willingness to talk openly of their battlefield experiences and struggles only to fellow veterans with whom they share an irreplaceable bond of common task and trauma; and

WHEREAS, Branden Stackenwalt has repeatedly shown profound skill and effectiveness in effortlessly communicating a joyful warmth of uplifting human kindness necessary to help suffering soldiers find comfort and support in their times of crisis; and

WHEREAS, Branden is a priceless example of a soldier willing to help service members and civilians alike to understand the lasting challenges and scars of wartime deployment:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Army Corporal Branden Stackenwalt be commended and honored for his service and sacrifice to our country and for his continued desire to serve fellow veterans suffering from post traumatic stress disorder.

Sen. Monroe moved that the Senate do now adjourn, which motion prevailed and at 4:37 p.m. the Senate adjourned.

Kay Johnson, Secretary