Senate Journal 2/22/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 22, 2018

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

The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate page Hannah Gates.

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 twenty-sixth 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 State Affairs respectfully reports that it has had under consideration SCR 5 and SB 200 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 118 and 194 which were tabled.

Respectfully submitted,
David L. Anderson, Co-Chair
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1070, 1121, and 1236 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1213 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 166 and returns the same with the recommendation that said bill be amended as follows:

166ca

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:

Definition of terms. Terms used in this Act mean:

(1) "Agricultural commodity," any grain or seed which is ordinarily tested for moisture content when offered for sale, processing, or storage;

(2) "Department," the Department of Public Safety;

(3) "Moisture-measuring devices," any device or instrument used in ascertaining the moisture content of agricultural commodities;

(4) "Secretary," the secretary of the Department of Public Safety.

Section 2. That the code be amended by adding a NEW SECTION to read:

If good cause is shown, the department may inspect any moisture-measuring device used in commerce in this state, except those belonging to the United States. The department may inspect any moisture-measuring device without notice to the owner of the device. The department shall charge a fee of fifty dollars for each device inspected under the provisions of this Act. The department may not collect more than two fees per device at a location in any calendar year.

Section 3. That the code be amended by adding a NEW SECTION to read:

Each moisture-measuring device used for any commercial purpose in this state must be registered with the department. There is a one-time fifty dollar registration fee per device. The registration shall be completed on forms provided by the department. The owners of each registered device shall annually file an affidavit on forms provided by the department detailing information regarding calibrations, repairs, maintenance, and updates completed the previous year for each device.

Section 4. That the code be amended by adding a NEW SECTION to read:

The fees imposed by this Act shall be deposited in the general fund.

Section 5. That § 38-31-2 be repealed.

38-31-2. The department may inspect any moisture-measuring device or protein-measuring device used in commerce in this state, except those belonging to the United States. The department may inspect at the convenience of the department any moisture-measuring or protein-measuring device.

Section 6. That § 38-31-1 and §§ 38-31-3 to 38-31-9, inclusive be repealed."

166ftb

On page 1, line 1, of the printed bill, delete everything after "provisions" and insert "regarding the inspection of moisture-measuring devices.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 183 and returns the same with the recommendation that said bill be amended as follows:

183oa

On page 1, line 12, of the printed bill, delete ", for" and insert ".".

On page 1, delete lines 13 and 14.

On page 2, delete lines 1 to 24, inclusive.

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

183ota

On page 1, line 3, of the printed bill, delete everything after "University" and insert ".".

On page 1, delete line 4.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 210 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 193 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 92 and returns the same with the recommendation that said bill be amended as follows:

92wb

On page 1, line 8, of the printed bill, delete "Class 4" and insert "Class 3".

92wc

On page 1, line 8, of the printed bill, delete everything after "." .

On page 1, delete line 9.

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

161wa

On page 1, line 5, of the printed bill, before "committed" insert "knowingly".

On page 1, line 10, before "committed" insert "knowingly".

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 104 and 175, which were reconsidered, and were tabled.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration the nomination of Scott Knuppe of Pennington County, Rapid City, South Dakota, to the South Dakota Board of Technical Education and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration SB 198 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 25, 41, and 42 and finds the same correctly enrolled.

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that SB 34, 55, and 141 were delivered to his Excellency, the Governor, for his approval at 8:30 a.m., February 22, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 25, 41, and 42 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HJR 1004 which has been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1162, 1174, 1234, 1258, and 1311 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 72 was tabled.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SR 2: A RESOLUTION, Affirming the constitutional private property protections of South Dakota farmers and ranchers.

Was read the second time.

Sen. Nelson moved that SR 2 as found on page 462 of the Senate Journal be adopted as amended on page 496 of the Senate journal.

The question being on Sen. Nelson's motion that SR 2 be adopted as amended.

And the roll being called:

Yeas 15, Nays 20, Excused 0, Absent 0

Yeas:
Bolin; Curd; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Monroe; Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Sutton; Tapio; Wiik

Nays:
Cammack; Cronin; Ewing; Frerichs; Haverly; Kennedy; Klumb; Kolbeck; Langer; Maher; Nesiba; Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Tidemann; White; Youngberg

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

Yesterday, Sen. Nelson announced his intention to reconsider the vote by which SB 182 lost.

Sen. Nelson moved that the Senate do now reconsider the vote by which SB 182 lost.

The question being on Sen. Nelson's motion to reconsider the vote by which SB 182 lost.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

Yeas:
Curd; Ewing; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Monroe; Nelson; Netherton; Russell; Solano; Stalzer; Tapio

Nays:
Bolin; Cammack; Cronin; Frerichs; Haverly; Heinert; Kennedy; Langer; Maher; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Sutton; Tidemann; White; Wiik; Youngberg

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

HCR 1010: A CONCURRENT RESOLUTION, Recognizing and honoring William Melvin "Billy" Mills, also known as Makata Taka Hela, for his unselfish and loyal contributions to the State of South Dakota and to his country.

Was read the second time.

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Sen. Killer moved that HCR 1010 be amended as follows:

On page 2, line 21, of the printed resolution, after "1965" insert "as well as three additional American track records".

On page 3, line 8, delete "2012" and insert "2013".

Which motion prevailed.

Sen. Nelson moved that the Senate do concur in HCR 1010 as found on page 368 of the House Journal and as amended on page 550 of the Senate Journal.

The question being on Sen. Nelson's motion that HCR 1010 be concurred in as amended.

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 1010 was concurred in as amended.

The question being on the title.

C1010jta

Sen. Killer moved that the title to HCR 1010 be amended as follows:

On page 1, line 1, of the printed resolution, delete "Melvin" and insert "Mervin".

On page 1, line 2, delete "Makata Taka Hela" and insert "Tamakoce Tek'hila".

Which motion prevailed and the title was so amended.

HCR 1011: A CONCURRENT RESOLUTION, Making formal application to the United States Congress to lawfully enable the Department of Veterans Affairs to provide per diem reimbursement to eligible veterans in need of assisted living services.

Sen. Sutton moved that the Senate do concur in HCR 1011 as found on page 476 of the House Journal.

The question being on Sen. Sutton's motion that HCR 1011 be concurred in.

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1011 was concurred in.

Sen. Russell moved that the Committee on State Affairs be instructed to deliver SB 200 to the floor of the Senate, pursuant to Joint Rule 7-7.

Sen. Ewing requested a roll call vote.

Which request was supported.

The question being on Sen. Russell's motion that the Committee on State Affairs be instructed to deliver SB 200 to the floor of the Senate, pursuant to Joint Rule 7-7.

And the roll being called:

Yeas 8, Nays 27, Excused 0, Absent 0

Yeas:
Greenfield (Brock); Jensen (Phil); Monroe; Nelson; Russell; Stalzer; Tapio; Wiik

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Youngberg

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

Sen. Nelson moved that the Committee on Military and Veterans Affairs be instructed to deliver SB 181 to the floor of the Senate, pursuant to Joint Rule 7-7.

Sen. Russell requested a roll call vote.

Which request was supported.

The question being on Sen. Nelson's motion that the Committee on Military and Veterans Affairs be instructed to deliver SB 181 to the floor of the Senate, pursuant to Joint Rule 7-7.

And the roll being called:

Yeas 14, Nays 21, Excused 0, Absent 0

Yeas:
Greenfield (Brock); Heinert; Jensen (Phil); Killer; Klumb; Kolbeck; Monroe; Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Sutton; Tapio

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Kennedy; Langer; Maher; Nesiba; Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Tidemann; White; Wiik; Youngberg

So the motion having received an affirmative vote of a one-third majority of the members-elect, the President declared the motion was supported.

Sen. Greenfield (Brock) moved that SB 183 be referred to the Joint Committee on Appropriations

Which motion prevailed.

Sen. Curd moved that SB 174 be deferred to Friday, February 23^rd, the twenty-eighth legislative day.

Which motion prevailed.

Sen. Greenfield (Brock) moved that HB 1273 be referred from the Committee on Commerce and Energy to the Committee on Local Government.

Which motion prevailed.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 23^rd, the twenty-eighth legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Local Government on SB 187 as found on page 535 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Frerichs moved that SB 211 be placed on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

The question being on Sen. Frerichs' motion that SB 211 be placed on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 7, Nays 28, Excused 0, Absent 0

Yeas:
Frerichs; Heinert; Kennedy; Killer; Nesiba; Otten (Ernie); Sutton

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

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

Sen. Kennedy moved that SB 95 be placed on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

The question being on Sen. Kennedy's motion that SB 95 be placed on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 12, Nays 22, Excused 1, Absent 0

Yeas:
Frerichs; Heinert; Kennedy; Killer; Langer; Nesiba; Partridge; Peters; Rusch; Soholt; Sutton; White

Nays:
Bolin; Cammack; Cronin; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Russell; Solano; Stalzer; Tapio; Tidemann; Wiik; Youngberg

Excused:
Curd

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

Sen. Tidemann moved that SJR 9 be placed on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

The question being on Sen. Tidemann's motion that SJR 9 be placed on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day, and be immediately considered pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 18, Nays 17, Excused 0, Absent 0

Yeas:
Cammack; Cronin; Curd; Greenfield (Brock); Haverly; Kennedy; Kolbeck; Langer; Maher; Monroe; Nesiba; Peters; Rusch; Soholt; Tidemann; White; Wiik; Youngberg

Nays:
Bolin; Ewing; Frerichs; Heinert; Jensen (Phil); Killer; Klumb; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Russell; Solano; Stalzer; Sutton; Tapio

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SJR 9 was so placed.

SJR 9: 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 second time.

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Sen. Killer moved that SJR 9 be amended as follows:

On page 1, line 12, of the printed resolution, delete "one" and insert "that three".

On page 1, line 13, delete "license to" and insert "licenses may".

On page 1, line 13, delete "state to a nonprofit entity" and insert "South Dakota Commission on Gaming".

On page 1, line 14, after "Yankton" insert ": one to a nonprofit entity; one to a private operator; and one to an Indian tribe or a consortium of Indian tribes. Any license issued pursuant

to this section shall be subject to the laws of this state for gaming licenses and gaming operations within the city limits of Deadwood".

On page 1, line 14, delete "Before the license is issued,".

On page 2, delete lines 1 and 2.

On page 2, line 3, delete everything before "The" .

On page 2, line 3, delete everything after "state" .

On page 2, line 4, after "machines" insert ", except the costs of administering and collecting the taxes,".

Which motion lost.

The question being "Shall SJR 9 pass?"

And the roll being called:

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Cammack; Cronin; Curd; Kennedy; Langer; Peters; Rusch; Soholt; Tidemann; White; Wiik; Youngberg

Nays:
Bolin; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Russell; Solano; Stalzer; Sutton; Tapio

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

Sen. Tidemann announced his intention to reconsider the vote by which SJR 9 lost.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1162: FOR AN ACT ENTITLED, An Act to increase a surcharge to increase revenues to the crime victims' compensation fund and to revise certain provisions of the crime victim compensation program fund.

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

HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding rights for crime victims.

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

HB 1234: FOR AN ACT ENTITLED, An Act to provide for certain requirements prior to construction of wind energy facilities.

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

HB 1258: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding aviation.

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

HB 1311: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding legislator salaries.

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

HJR 1004: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election a Constitutional amendment to revise certain provisions relating to the rights of crime victims.

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

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1101: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding used motorcycles offered for sale at an event.

Was read the second time.

The question being "Shall HB 1101 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

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

Excused:
Maher

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 1159: FOR AN ACT ENTITLED, An Act to revise certain notification provisions regarding damage of underground facilities.

Was read the second time.

The question being "Shall HB 1159 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Maher

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 1173: FOR AN ACT ENTITLED, An Act to provide for inactive status of airport liquor licenses.

Was read the second time.

The question being "Shall HB 1173 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Maher

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 1185: FOR AN ACT ENTITLED, An Act to establish provisions regarding the storage of wine at certain licensed premises.

Was read the second time.

The question being "Shall HB 1185 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Maher

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 1147: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning property tax collections, delinquent property taxes, tax certificates, and tax deeds.

Was read the second time.

The question being "Shall HB 1147 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Maher

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

Sen. Greenfield (Brock) moved that SB 213 be placed to follow SB 173 on today's calendar.

Which motion prevailed.

SB 169: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of malt beverage manufacturers and microbreweries.

Was read the second time.

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Sen. Peters moved that SB 169 be amended as follows:

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

" Section 1. That chapter 39-4 be amended by adding a NEW SECTION to read:

A person may sell or offer for sale any confection or candy that contains less than one-half of one percent alcohol by weight. If the confection or candy contains more than one-half of one percent alcohol by weight, the confection or candy is deemed adulterated for the purposes of this title.

Section 2. That § 39-4-3 be amended to read:

39-4-3. For the purposes of this title a confectionery ~~shall be~~ is deemed ~~to be~~ adulterated if it contains:

(1) Terra alba, barytes, talc, paraffin, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health; or

(2) Any ~~vinous, malt, or spirituous liquor or compound or~~ narcotic drug.

Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Which motion prevailed.

The question being "Shall SB 169 pass as amended?"

And the roll being called:

Yeas 34, Nays 1, Excused 0, Absent 0

Nays:
Tidemann

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

The question being on the title.

169ftb

Sen. Peters moved that the title to SB 169 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise certain provisions regarding confections that contain alcohol and to declare an emergency.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 173: 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 second time.

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Sen. Curd moved that SB 173 be amended as follows:

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:

Terms used in this Act mean:

(1) "Malt beverage manufacturer," any manufacturer located in this state producing malt beverages, as defined in§ 35-1-1, that is not a microbrewery;

(2) "Microbrewery," any manufacturer located in this state producing malt beverages, as defined in§ 35-1-1, a total quantity not in excess of thirty thousand barrels within a calendar year.

Section 2. That the code be amended by adding a NEW SECTION to read:

The classes of licenses, with the fee of each class, are as follows:

(1) Malt beverage manufacturer--two thousand five hundred dollars; and

(2) Microbrewery--five hundred dollars.

Section 3. That the code be amended by adding a NEW SECTION to read:

Except as provided in this Act, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this Act.

Section 4. That the code be amended by adding a NEW SECTION to read:

There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this Act an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5.

Section 5. That the code be amended by adding a NEW SECTION to read:

A licensed microbrewery may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed microbrewery may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages. A licensed microbrewery may sell alcoholic beverages to any licensed artisan distiller, farm winery, microbrewery, or microcidery, if the alcoholic beverage is used in the manufacturing process. A licensed microbrewery may sell up to one thousand five hundred barrels of alcoholic beverages produced by the licensee within a calendar year to retailers authorized to receive the alcoholic beverages.

The barrel limit in this section does not apply to any sales made to special event retailers licensed pursuant to § 35-4-124 and served by employees of the microbrewery or to any transfer of alcoholic beverages between a licensed microbrewery and any additional locations authorized pursuant to section 7 of this Act.

The quantity of alcoholic beverages sold pursuant to this section may not exceed the total
production limits for the license as specified in section 1 of this Act.

Section 6. That the code be amended by adding a NEW SECTION to read:

A licensed microbrewery may hold on the licensed premises an artisan distiller license, a farm winery license, or a microcidery license. A licensed microbrewery may hold on the licensed premises any license issued pursuant to subdivision 35-4-2(4), (6), (12), or (16).

Section 7. That the code be amended by adding a NEW SECTION to read:

A licensed microbrewery may operate up to five additional locations in this state by obtaining additional licenses of the same class pursuant to this chapter. The quantity of alcoholic beverages produced under the original license and any additional licenses combined may not exceed the total production limits for the license as specified in section 1 of this Act. Any additional license issued pursuant to this section has the privileges of the original license as specified in sections 5 and 6 of this Act.

Section 8. That the code be amended by adding a NEW SECTION to read:

A licensed malt beverage manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed malt beverage manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.

Section 9. That the code be amended by adding a NEW SECTION to read:

The holder of any license issued under this Act shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.

Section 10. That the code be amended by adding a NEW SECTION to read:

The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this Act, and procedures for collecting the excise taxes pertaining to the licenses.

Section 11. That § 35-4-2 be amended to read:
35-4-2. ~~Classes~~ The classes of licenses, with the fee of each class, ~~follow~~ are as follows:

(1) Distillers--four thousand dollars. However, no license fee is required for manufacturers of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any use other than an industrial use, the license fee required by this section shall be allocated to and payable for the portion of the year the manufacturer devoted to such other use for each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of the license fee;

(2) Wholesalers of alcoholic beverages--five thousand dollars;

(3) Off-sale--not less than five hundred dollars in municipalities of the first class, not more than four hundred dollars in municipalities of the second class, and not more than three hundred dollars in municipalities of the third class. The renewal fee for ~~such~~ the licenses may not exceed five hundred dollars in municipalities of the first class, four hundred dollars in municipalities of the second class, and three hundred dollars in municipalities of the third class;

(4) On-sale--in municipalities of various classes: municipalities of the first class, not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for ~~such~~ the license is fifteen hundred dollars; municipalities of the second class, no more than twelve hundred dollars; municipalities of the third class, no more than nine hundred dollars;

(5) Off-sale licenses issued to municipalities under local option--not less than two hundred fifty dollars;

(6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less than the maximum that the municipality to which the applicant is nearest is charging for a like license in that municipality, the renewal fee shall be the same as is charged for a like license in the nearest municipality. However, if the nearest municipality is more than fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the maximum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest municipality is a municipality of the first class and is authorized to hold an on-sale license pursuant to § 35-3-13, ~~such~~ the fee may not be more than one hundred fifty percent of the minimum a municipality not so authorized may charge for a like license. The renewal fee shall be the same as could be charged for a like license in the nearest municipality;

(7) Solicitors--twenty-five dollars;

(8) Transportation companies--twenty-five dollars;

(9) Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic beverages on all conveyances the licensee operates within the state unless restricted by local ordinance;

(10) Dispensers--ten dollars;

(11) On-sale dealers at publicly operated airports--two hundred fifty dollars;

(12) Wine and cider retailers, being both package dealers and on-sale dealers--five hundred dollars;

(13) Convention facility on-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for ~~such~~ the license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee for ~~such~~ the license, in municipalities of the second class, is no more than twelve hundred dollars; the renewal fee for ~~such~~ the license, in municipalities of the third class, is no more than nine hundred dollars;

(14) ~~Manufacturers of malt beverages--five hundred dollars;~~

(15) Wholesalers of malt beverages--four hundred dollars;

(16) Malt beverage retailers, being both package dealers and on-sale dealers--three hundred dollars;

(17) Malt beverage package dealers--two hundred dollars;

(17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two hundred twenty-five dollars;

(18) On-sale dealers in light wine containing not more than six percent alcohol by weight for each day of the week between the hours of seven a.m. and two a.m. to nonprofit corporations established pursuant to chapter 7-7--two hundred dollars;

(19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and distilled spirits produced from product provided to an artisan distiller by the respective farm winery to be operated in conjunction with a farm winery established pursuant to chapter 35-12--one hundred fifty dollars;

(20) Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars;

(21) Retail on premises manufacturer--two hundred fifty dollars;

(22) Manufacturers of cider--five hundred dollars; and

            (23)    Off-sale delivery--one hundred fifty dollars.

    Section 12. That § 35-5-3.2 be repealed.
    35-5-3.2. In addition to the provisions of § 35-4-49, a malt beverage manufacturer may sell the malt beverage such manufacturer manufactures to the public for consumption on the licensed premises. A malt beverage manufacturer who manufactures less than five thousand barrels of malt beverage a year may hold on the premises where the malt beverage is manufactured an on-sale license issued pursuant to subdivision 35-4-2(4) and subject to the quota established in § 35-4-11 or a malt beverage retailer's license issued pursuant to subdivision 35-4-2(16) or an on-sale wine license issued pursuant to subdivision 35-4-2(12). The manufacturer shall pay the tax imposed under subdivision 35-5-3(1) on all malt beverages so sold. Any manufacturer who holds a malt beverage retailer's license as provided in this section may also hold a malt beverage retailer's license at other locations but may sell the malt beverages it manufactures only at the location where the beverages are manufactured or to wholesalers licensed pursuant to this title.

Section 13. That § 35-5-3.3 be repealed.
35-5-3.3. A malt beverage manufacturer who possesses an on-sale license authorized pursuant to § 35-5-3.2 may be issued a malt beverage package dealer's license issued pursuant to subdivision 35-4-2(17) for such premises where the malt beverage is manufactured, limited to the sale of malt beverages the manufacturer manufactures. The manufacturer shall pay the tax imposed under subdivision 35-5-3(1) on all malt beverages so sold.

Section 14. That § 35-4-49 be repealed.
35-4-49. A manufacturer licensed under subdivision 35-4-2(14) may only sell malt beverages to a wholesaler licensed under subdivision 35-4-2(15), or to a wholesaler licensed under subdivision 35-4-2(2), or may sell such beverages for transportation in interstate commerce outside the state. A wholesaler licensed under subdivision 35-4-2(15) may sell such malt beverages to retailers licensed under this chapter. Each malt beverage wholesale licensee for nonpasteurized products shall designate on the application, the territory within which the licensee may sell the designated nonpasteurized products of any brewer for the purpose of quality control, when such territory has been agreed to by the licensee and the brewer.

Section 15. That § 35-4-60.1 be amended to read:
35-4-60.1. No licensed wholesaler may purchase or accept delivery ~~into this state~~ of any brand of alcoholic beverages, unless those alcoholic beverages are purchased from the brand owner or the brand owner's authorized agent, or from another licensed wholesaler ~~who is licensed under this chapter and~~ operating solely within this state. ~~Such alcoholic~~ Alcoholic beverages imported into this state shall come to rest at the warehouse ~~for the account~~ of ~~such~~ the licensed wholesaler before sale and delivery to a retail licensee. Alcoholic beverages obtained from any licensed manufacturer located in this state do not need to come to rest at the warehouse of the licensed wholesaler before sale and delivery to a retail licensee if the wholesaler takes physical possession of the alcoholic beverages. "

Which motion prevailed.

The question being "Shall SB 173 pass as amended?"

And the roll being called:

Yeas 35, Nays 0, Excused 0, Absent 0

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

The question being on the title.

173ota

Sen. Curd moved that the title to SB 173 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish certain provisions regarding microbreweries and malt beverage manufacturers.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 213: FOR AN ACT ENTITLED, An Act to revise certain education funding provisions.

Was read the second time.

The question being "Shall SB 213 pass as amended?"

And the roll being called:

Yeas 13, Nays 22, Excused 0, Absent 0

Yeas:
Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Maher; Nelson; Nesiba; Novstrup; Russell; Sutton; Tapio

Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Haverly; Klumb; Kolbeck; Langer; Monroe; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

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

SB 176: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the prescription of opioids.

Was read the second time.

176wa

Sen. Curd moved that SB 176 be amended as follows:

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 Legislature finds that:

(1) On October 20, 2017, the President of the United States declared the opioid crisis a national public health emergency under federal law;

(2) The National Survey on Drug Use and Health estimates that in 2016, ninety-one million eight hundred thousand, or more than one-third of United States civilian, noninstitutionalized adults, used prescription opioids and eleven million five hundred thousand, or four and three-tenths percent, misused them;

(3) Misuse of prescription opioids presents serious public health concerns to the State of South Dakota and to the citizens of the state;

(4) Misuse of prescription opioids presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with opioid addiction or misuse, and those persons may have a legal entitlement to receive that medical assistance; and

(5) To appropriately address the crisis in South Dakota, the Office of the Attorney General requires a full time equivalent attorney and a full time equivalent paralegal with related operating expenses through the budget year of 2019 for the purposes of investigation and litigation.

Section 2. That the code be amended by adding a NEW SECTION to read:

There is hereby appropriated from the general fund the sum of two hundred thirty-one thousand four hundred sixty-seven dollars ($231,467), or so much as may be necessary, and 2.0 FTE to the Office of the Attorney General through the budget year of 2019, for the purposes of investigation and litigation of opioid addiction and misuse.

Section 3. Whereas, this Act is necessary for the support of the state government and its existing public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

Which motion prevailed.

The question being "Shall SB 176 pass as amended?"

And the roll being called:

Yeas 32, Nays 3, 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; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; White; Youngberg

Nays:
Peters; Tidemann; Wiik

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

The question being on the title.

176wta

Sen. Curd moved that the title to SB 176 be amended as follows:

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for certain employees in the Office of the Attorney General to investigate and litigate opioid misuse, to provide an appropriation therefor, and to declare an emergency.".

On page 1, delete line 2.

Which motion prevailed and the title was so amended.

SB 100: FOR AN ACT ENTITLED, An Act to establish certain provisions related to grant monitoring and review and to revise certain record retention policies.

Was read the second time.

100aa

Sen. Sutton moved that SB 100 be amended as follows:

On page 5 of the Senate Appropriations Committee engrossed bill, delete lines 3 to 8, inclusive, and insert:

Section 8. That § 1-27-13 be amended to read:
1-27-13. The head of each agency shall submit to the commissioner of administration, in accordance with the rules, standards, and procedures established by the commission, schedules proposing the length of time each state record series warrants retention for administrative, legal, or fiscal purposes after it has been received by the agency. However, no state fiscal record may be retained for less than ten years.

Section 9. That chapter 1-27 be amended by adding a NEW SECTION to read:

For purposes of this chapter, the term, fiscal record, includes any document such as a bill, receipt, contract, invoice, voucher, or grant agreement, in physical or digital form, that documents moneys received, spent, or managed, and establishes an audit trail.".

Sen. Sutton requested a roll call vote.

Which request was supported.

The question being on Sen. Sutton's motion that SB 100 be amended.

And the roll being called:

Yeas 12, Nays 23, Excused 0, Absent 0

Yeas:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Maher; Nelson; Nesiba; Russell; Sutton; Tapio

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

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

The question being "Shall SB 100 pass as amended?"

And the roll being called:

Yeas 33, Nays 2, Excused 0, Absent 0

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

Nays:
Heinert; Killer

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 133: FOR AN ACT ENTITLED, An Act to revise the retention of state fiscal records.

Was read the second time.

The question being "Shall SB 133 pass?"

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Nelson; Nesiba; Russell; Sutton; Tapio

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

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

Sen. Curd moved that HB 1094 be deferred to Friday, February 23^rd, the twenty-eighth legislative day.

Which motion prevailed.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration SB 181, which was reconsidered, and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Jeffrey D. Partridge, Chair

COMMEMORATIONS

SC 42 Introduced by: Senators Rusch, Bolin, Cammack, Cronin, Haverly, Klumb, Kolbeck, Monroe, Nelson, Netherton, Otten (Ernie), Peters, Russell, Solano, Tapio, White, and Wiik and Representatives Rasmussen, Clark, Marty, Peterson (Sue), Ring, and Schoenfish

A LEGISLATIVE COMMEMORATION, Honoring Derek Miles for winning a bronze medal in men's pole vault during the 2008 Beijing Summer Olympic Games.

WHEREAS, Derek Miles is a University of South Dakota alumnus who lives in Tea, South Dakota. He has been the assistant coach for the University of South Dakota track and field program for more than fourteen years; and

WHEREAS, Derek was admitted to the Henry Heider Memorial Coyote Sports Hall of Fame in the fall of 2006 and the USATFCCCA DII Hall of Fame in May of 2013; and

WHEREAS, Derek represented the United States on six world championship teams and has been a three-time United States National Champion. Derek Miles ranked number one in the United States four times and top five in the world six times by Track and Field News Magazine; and

WHEREAS, Derek is a three-time Olympian, competing in 2004, 2008, and 2012 and awarded fourth place in the 2008 Summer Olympics for pole vault, finishing at the same height as third place, awarded to Denys Yurchenko of the Ukraine, who had finished with fewer attempts; and

WHEREAS, Yurchenko was later stripped of his bronze medal after being found to have used a banned substance. Therefore, Derek Miles was presented a bronze medal for third place in a ceremony that was held at the University of South Dakota on April 17, 2017:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Derek Miles be honored for winning the bronze medal in Beijing at the 2008 Summer Olympic Games.

SC 43 Introduced by: Senators Rusch, Bolin, Ewing, Haverly, Kennedy, Killer, Kolbeck, Langer, Nesiba, Novstrup, Otten (Ernie), Peters, Soholt, Stalzer, Tidemann, and Wiik and Representatives Rasmussen, Ring, and Smith

A LEGISLATIVE COMMEMORATION, Congratulating and recognizing Brittany Jessen from the University of South Dakota as the only player to be named Summit League Setter of the Year for the third consecutive season.

WHEREAS, Brittany Jessen grew up in Mendota Heights, Minnesota, where she began her hard work as a volleyball athlete at eight years of age; and

WHEREAS, Brittany is an athlete on the USD Coyotes Volleyball Team and has shown exemplary patience, dedication, and leadership in her volleyball career; and

WHEREAS, Brittany became the Coyotes all-time leader in set assists and was recognized for her 1,000th dig:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature commends and applauds Brittany Jessen for being the only player to be named the Summit League Setter of the Year for the third consecutive season.

SC 44 Introduced by: Senators Rusch, Bolin, Cammack, Cronin, Haverly, Klumb, Kolbeck, Monroe, Nelson, Netherton, Otten (Ernie), Peters, Russell, Solano, Tapio, White, and Wiik and Representatives Rasmussen, Clark, Marty, Peterson (Sue), Ring, and Schoenfish

A LEGISLATIVE COMMEMORATION, Commending and honoring the University of South Dakota Women's Cross Country Team, for their outstanding athletic performance upon winning their fourth consecutive Summit League Championship.

WHEREAS, the student-athletes finished in order from fourth through tenth place and each earned All-Summit League Honors. The team led the league championship with 27 points this season; and

WHEREAS, the team became just the second women's program in the league's twenty-six year history to capture four Summit League titles; and

WHEREAS, head coach Dan Fitzsimmons, named the Summit League Women's Cross Country Coach of the Year, helped facilitate and cultivate the physical, mental, and the emotional growth and development of their student-athletes; and

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the University of South Dakota Women's Cross Country Team be commended and honored for their patience, dedication, and tenacity, and most of all, for their accomplishments as Summit League Cross Country Champions for the fourth-straight year.

Sen. Tapio moved that the Senate do now adjourn, which motion prevailed and at 5:53 p.m. the Senate adjourned.

Kay Johnson, Secretary