Senate Journal 2/28/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

THIRTY-FIRST DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 28, 2018

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

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

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 thirtieth 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 Transportation respectfully reports that it has had under consideration HB 1258 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jim Stalzer, Vice Chair

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1169, 1234, and 1273 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration HB 1132 and returns the same with the recommendation that said bill be amended as follows:

1132ka

On page 1, line 6, of the House engrossed bill, delete "a sponsorship or" and insert "an".

On page 1, line 10, delete "sponsorship or".

And that as so amended said bill do pass.

Respectfully submitted,
Kris Langer, Chair

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1110, 1271, and 1292 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1054, 1104, 1278, and 1280 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1083 and returns the same with the recommendation that said bill be amended as follows:

1083kd

On page 2, after line 14 of the House State Affairs Committee engrossed bill, insert:

" Section 2. That chapter 23-7 be amended by adding a NEW SECTION to read:

Notwithstanding any other law, the age requirement for the enhanced permit is for twenty-one years of age or older.

Any applicant between eighteen to twenty years of age, inclusive, who meets the requirements of §§ 23-7-53 and 23-7-54 and any other specified requirements and qualifications and upon the approval from the sheriff of the county where the applicant submitted the application shall be issued a temporary restricted enhanced permit that clearly designates the restricted enhanced permit is for individuals eighteen to twenty years of age, inclusive.

Section 3. That chapter 23-7 be amended by adding a NEW SECTION to read:

Any individual between eighteen and twenty years of age, inclusive, holding an enhanced concealed carry permit, issued between July 1, 2015, and the effective date of this Act, shall be issued a new temporary restricted enhanced permit that designates the permit is for individuals eighteen to twenty years of age, inclusive.

Section 4. That chapter 23-7 be amended by adding a NEW SECTION to read:

A person holding an unexpired restricted enhanced permit who has reached the age of twenty-one may submit a written request to the secretary of state for an unrestricted enhanced permit. The unrestricted enhanced permit shall be issued at no additional cost.

Section 5. That chapter 23-7 be amended by adding a NEW SECTION to read:

A person who has been issued a permit to carry a concealed pistol shall maintain current information on the permit by notifying the secretary of state in writing of a change in the person's name due to marriage or court order or of a change in physical address. If the revised address is located within South Dakota, the secretary of state shall provide a new permit to the person.

The county sheriff may issue a temporary permit or the secretary of state may issue an updated permit that reflects an address outside of South Dakota in the following instances:

(1) For a South Dakota resident who is active duty military personnel, or the spouse of a person who is active duty military, with a home of record in South Dakota; or

(2) For a South Dakota permit holder whose home is physically located in South Dakota but has an official postal address located within in a county in another state that shares a border with South Dakota.

The fee for processing a replacement permit is two dollars and shall be used by the secretary of state to administer the concealed carry program.

Section 6. 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.".

1083kta

On page 1, line 1, of the House State Affairs Committee engrossed bill, delete everything after "Act to" and insert "revise certain provisions regarding permits to carry a concealed pistol and to declare an emergency.".

On page 1, delete line 2.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1209 and returns the same with the recommendation that said bill be amended as follows:

1209wd

On page 2 of the printed bill, delete line 17.

1209wc

On page 1, delete lines 7 to 12, inclusive, of the printed bill, and insert "shall be issued pursuant to § 23-7-7.1. ~~Prior to issuing the permit, the sheriff shall execute a~~ For purposes of verifying the qualifications of an applicant, prior to issuing a permit, the sheriff shall execute, and the applicant shall pass, a background investigation, including a criminal history check, of every applicant for the purposes of verifying the qualifications of the applicant pursuant to the requirements of § 23-7-7.1. For the purposes of this section, a background investigation is defined as a computer check of available on-line records a computer check of available on-line records and the National Instant Criminal Background Check.".

On page 2, line 16, delete everything after "(10)" and insert "Is not otherwise prohibited by state law, 18 U.S.C. § 922(g) as amended to October 26, 2005, or 18 U.S.C. § 922(n) as amended to October 26, 2005, from receiving, possessing or transporting a firearm, and passes a National Instant Criminal Background Check.".

On page 2, after line 18, insert:

" Section 3. That § 23-7-8.11 be amended to read:

23-7-8.11. The holder of the regular permit to carry a concealed pistol may renew the permit through the sheriff of the county where the holder resides for a period beginning ninety days before the permit expires. The holder shall pay a ~~ten dollar~~ ten-dollar renewal fee and pass a background investigation, including ~~a criminal history~~ a computer check of available online records and the National Instant Criminal Background Check, ~~pursuant to~~ required under § 23-7-7 prior to the renewal of the permit. The renewal fee shall be distributed as set forth in § 23-7-8.2.

Section 4. That § 23-7-8.12 be amended to read:

23-7-8.12. If a South Dakota resident holds a regular concealed carry permit issued in accordance with § 23-7-7, and is a member of a state National Guard unit, the Armed Forces of the United States, or the Armed Forces Reserves of the United States, and the holder's permit expires during an active duty military assignment or deployment outside of the holder's state of residence, the holder may request a renewal form application from the Office of the Secretary of State. The ~~Office of the Secretary of State~~ secretary shall prescribe the contents of the application form and any accompanying materials. The application ~~must~~ shall be accompanied by documentation of the deployment, including dates and location of the deployment if available for disclosure; an affidavit signed by the holder's commanding officer or unit commander attesting to the identity of the holder and the fact the holder is unable to return to the state to renew; and a copy of a current, valid, government-issued identification card with a photograph of the holder. The ~~Office of the Secretary of State~~ secretary shall specify the contents of the affidavit. The holder shall mail the application, containing original signatures in ink, to the sheriff in the holder's county of residence. The sheriff ~~will~~ shall conduct the background investigation, including a ~~criminal history~~ computer check of available online records ~~pursuant to~~ and the National Instant Criminal Background Check required under § 23-7-7, within five days of receipt of the military application renewal form. The original signature of the applicant on the renewal form shall serve as the applicant's signature for the temporary permit. ".

1209wta

On page 1, line 2, of the printed bill, delete "applicants of".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1293 and returns the same with the recommendation that said bill be amended as follows:

1293jc

On page 2, after line 2 of the House Judiciary Committee engrossed bill, insert:

The penalties in this section also apply to a simple assault or aggravated assault if committed against any health care facility personnel while the personnel was engaging in patient care.".

1293wta

On page 1, line 2, of the House Judiciary Committee engrossed bill, delete "or ambulance service" and insert ", ambulance service, or health care facility".

And that as so amended 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 HB 1139 and returns the same with the recommendation that said bill be amended as follows:

1139kb

On page 4, line 16, of the House engrossed bill, delete ", judicial determination, or notice" and insert "or judicial determination".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1053 and returns the same with the recommendation that said bill be amended as follows:

1053wa

On page 2, after line 1 of the House Judiciary Committee engrossed bill, insert:

" Section 2. That § 24-15A-6 be amended to read:

24-15A-6. The department shall establish the sentence discharge date for each inmate based on the total sentence length, minus court ordered jail time credit. Each inmate shall be under the jurisdiction of the department, either incarcerated or under parole release or a combination, for the entire term of the inmate's total sentence length unless the board grants an early final discharge pursuant to § 24-15A-8, a partial early final discharge pursuant to § 24-15A-8.1, the court modifies the sentence, the inmate receives earned discharge credits pursuant to

§ 24-15A-50 or section 1 of this Act, the inmate receives a compliant discharge pursuant to § 16-22-29, or the sentence is commuted. ".

And that as so amended 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 HB 1204 which was tabled.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration HB 1111, 1230, and 1254 which were deferred to the 41^st Legislative Day.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1269 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Deb Soholt, Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 7, 19, 20, 23, 44, 59, 69, 70, 83, 93, 94, 96, 99, 105, 117, 151, 153, 154 and SJR 1 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 1, 7, 19, 20, 23, 44, 59, 69, 70, 83, 93, 94, 96, 99, 105, 117, 151, 153, and 154 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that SB 14 was tabled.

Also MR. PRESIDENT:

I have the honor to return herewith SB 43, 46, 62, 73, 86, 125, 140, 164, 165, and 185 which have been amended by the House and your concurrence in the amendments is respectfully requested.

Also MR. PRESIDENT:

I have the honor to return herewith SCR 16 which has been amended by the House and your concurrence in the amendments is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

Sen. Bolin moved that the Senate do concur in House amendments to SB 89.

The question being on Sen. Bolin's motion that the Senate do concur in House amendments to SB 89.

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 the amendments were concurred in.

Sen. White moved that the Senate do concur in House amendments to SB 90.

The question being on Sen. White's motion that the Senate do concur in House amendments to SB 90.

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 the amendments were concurred in.

Sen. Bolin moved that the Senate do concur in House amendments to SB 80.

The question being on Sen. Bolin's motion that the Senate do concur in House amendments to SB 80.

And the roll being called:

Yeas 32, Nays 2, Excused 1, 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; Otten (Ernie); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik

Nays:
Novstrup; Partridge

Excused:
Youngberg

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

SR 3 Introduced by: Senator Nelson

A RESOLUTION, Expressing concern about certain final planning phase proposals by the Department of Transportation.

WHEREAS, there have been demonstrated local concerns about a proposed thirteen million dollar project by the Department of Transportation to remove the four lane intersections on State Highway 50 in Bon Homme County; and

WHEREAS, since August 2015 the stakeholders in the project have given input against removal of the four lanes and have provided proven safe alternatives to such a project; and

WHEREAS, petitions, emails, letters, and public testimony have largely been ignored by the Department of Transportation in an apparent predetermined effort to remove the four lanes; and

WHEREAS, approximately 600 stakeholders testified, wrote letters, and emails during the August 2015 hearing process at Tyndall and comment period afterwards; and

WHEREAS, approximately 250 stakeholders signed on as proponent testimony to support common sense alternatives to destroying the four lanes for HB 1284 during a four-day time frame starting February ninth at 2:00 p.m. and ending February twelfth at 3:00 p.m.; and

WHEREAS, common sense alternatives have been offered to the Department of Transportation for many years as stated in HB 1284 amended version; and

WHEREAS, permanent digital solar and battery operated speed signs at a cost of two thousand seven hundred dollars per sign are a low cost common sense alternative to an estimated thirteen million dollar reconstruction cost; and

WHEREAS, there are fatalities on the two lane portions of State Highway 50 in Bon Homme County and very little has been done to address this issue; and

WHEREAS, the Department of Transportation claims that only an above average accident rate exists on the four lane highways:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, that the Legislature is greatly concerned about the South Dakota Department of Transportation's final planning phase proposal to destroy the four lanes on State Highway 50 in Bon Homme County.

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

Sen. Curd moved that HB 1058 be deferred to Thursday, March 1^st, the thirty-second legislative day.

Which motion prevailed.

Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Thursday, March 1^st the thirty-second legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Education on HB 1155 as found on page 609 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Rusch moved that HB 1123 be placed on the calendar of Thursday, March 1^st, the thirty-second legislative day pursuant to Joint Rule 6F-6.

The question being on Sen. Rusch's motion that HB 1123 be placed on the calendar of Thursday, March 1^st, the thirty-second legislative day pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 11, Nays 24, Excused 0, Absent 0

Yeas:
Cammack; Frerichs; Heinert; Kennedy; Killer; Nesiba; Rusch; Solano; Sutton; Tidemann; White

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

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

SECOND READING OF CONSENT CALENDAR ITEMS

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

Was read the second time.

The question being "Shall HB 1174 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 and the title was agreed to.

HB 1248: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding filing and recording secured transaction records with the Office of the Secretary of State.

Was read the second time.

The question being "Shall HB 1248 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 and the title was agreed to.

HB 1106: FOR AN ACT ENTITLED, An Act to authorize hunting preference points to be granted to persons age ten years or older.

Was read the second time.

The question being "Shall HB 1106 pass?"

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 and the title was agreed to.

HB 1146: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the consumption of alcoholic beverages by passengers aboard vehicles operated by licensed carriers.

Was read the second time.

The question being "Shall HB 1146 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 and the title was agreed to.

HB 1165: FOR AN ACT ENTITLED, An Act to repeal certain provisions providing for a pilot charter school for Native American students if the state had received a federal grant.

Was read the second time.

The question being "Shall HB 1165 pass?"

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 and the title was agreed to.

HB 1221: FOR AN ACT ENTITLED, An Act to expand the partners in education tax credit program to include tribally controlled schools on a federally recognized Indian reservation.

Was read the second time.

The question being "Shall HB 1221 pass?"

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 and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 183: 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 second time.

The question being "Shall SB 183 pass as amended?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

Nays:
Curd; Jensen (Phil); Maher; Nelson; Peters; Russell; Soholt; Solano

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 91: FOR AN ACT ENTITLED, An Act to authorize the Department of Veterans Affairs to provide for the design, construction, and equipping of a state veterans cemetery in Sioux Falls, to create a veterans cemetery fund, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being "Shall SB 91 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 two-thirds majority of the members-elect, the President declared the bill passed.

The question being on the title.

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Sen. Stalzer moved that the title to SB 91 be amended as follows:

On page 1, line 2, of the Joint Appropriations Committee engrossed bill, delete "Sioux Falls" and insert "Minnehaha County".

Which motion prevailed and the title was so amended.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1161: FOR AN ACT ENTITLED, An Act to revise certain references to the International Building Code.

Was read the second time.

The question being "Shall HB 1161 pass?"

And the roll being called:

Yeas 23, Nays 12, Excused 0, Absent 0

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

Nays:
Bolin; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Novstrup; Russell; Tapio

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 1081: FOR AN ACT ENTITLED, An Act to repeal the sunset clause regarding the recreational use of nonmeandered water.

Was read the second time.

The question being "Shall HB 1081 pass as amended?"

And the roll being called:

Yeas 20, Nays 15, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Ewing; Frerichs; Greenfield (Brock); Heinert; Killer; Klumb; Kolbeck; Maher; Monroe; Netherton; Novstrup; Otten (Ernie); Rusch; Stalzer; Tapio; Tidemann; Wiik; Youngberg

Nays:
Cronin; Curd; Haverly; Jensen (Phil); Kennedy; Langer; Nelson; Nesiba; Partridge; Peters; Russell; Soholt; Solano; Sutton; White

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.

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 second time.

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Sen. Bolin moved that HJR 1004 be amended as follows:

On page 1, line 6, of the House State Affairs Committee engrossed resolution, delete "general".

Sen. Curd moved the previous question.

Which motion prevailed.

Sen. Bolin requested a roll call vote.

Which request was supported.

The question being on Sen. Bolin's motion that HJR 1004 be amended.

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

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

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

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

Sen. Bolin moved that HJR 1004 be placed to follow HB 1121 on today's calendar.

Which motion prevailed.

HB 1255: FOR AN ACT ENTITLED, An Act to revise the authority of the interim Rules Review Committee to revert a rule to any step in the rules adoption process.

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

Sen. Partridge moved that HB 1255 be laid on the table.

The question being on Sen. Partridge's motion that HB 1255 be laid on the table.

And the roll being called:

Yeas 31, Nays 4, Excused 0, Absent 0

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

Nays:
Klumb; Maher; Nelson; Wiik

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

HB 1121: FOR AN ACT ENTITLED, An Act to revise the fees for certain on-sale and off-sale retail liquor licenses.

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

The question being "Shall HB 1121 pass?"

And the roll being called:

Yeas 22, Nays 13, Excused 0, Absent 0

Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Haverly; Kennedy; Klumb; Kolbeck; Langer; Nelson; Netherton; Novstrup; Peters; Rusch; Soholt; Solano; Stalzer; Tapio; Tidemann; White; Youngberg

Nays:
Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Maher; Monroe; Nesiba; Otten (Ernie); Partridge; Russell; Sutton; Wiik

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.

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.

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

The question being "Shall HJR 1004 pass as amended?"

And the roll being called:

Yeas 27, Nays 8, Excused 0, Absent 0

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

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

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

The question being on the title.

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Sen. Bolin moved that the title to HJR 1004 be amended as follows:

On page 1, line 1, of the House State Affairs Committee engrossed resolution, delete "general".

Which motion prevailed and the title was so amended.

SIGNING OF BILLS

The President publicly read the title to

SB 7: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning campaign finance limits.

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

SB 20: FOR AN ACT ENTITLED, An Act to enact the State and Province Emergency Management Assistance Memorandum of Understanding.

SB 23: FOR AN ACT ENTITLED, An Act to reduce the driver license renewal requirements regarding the submittal of documentation of social security numbers and to update certain references to federal regulations.

SB 44: FOR AN ACT ENTITLED, An Act to establish a license for certain gaming equipment manufacturers and distributors and to establish a license fee.

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

SB 69: FOR AN ACT ENTITLED, An Act to allow certain registration and permit documents to be stored and presented electronically.

SB 70: FOR AN ACT ENTITLED, An Act to define the term, serve, for the purposes of regulating the sale and use of alcoholic beverages.

SB 83: FOR AN ACT ENTITLED, An Act to authorize certain patriotic societies access to public schools.

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

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

SB 96: FOR AN ACT ENTITLED, An Act to designate chislic as the official nosh of the State of South Dakota.

SB 99: FOR AN ACT ENTITLED, An Act to authorize the release of certain 911 emergency surcharge information to public safety answering points.

SB 105: FOR AN ACT ENTITLED, An Act to authorize a health care practitioner to administer a toxicology test to an infant under certain circumstances.

SB 117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the partners in education tax credit program.

SB 151: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the sale of trailers at special events, and to declare an emergency.

SB 153: FOR AN ACT ENTITLED, An Act to require disclosure of certain fees being imposed by overnight lodging accommodations.

SB 154: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the transfer of motor vehicle titles to satisfy unpaid motor vehicle repair bills.

SJR 1: 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 amendments to the Constitution.

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

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

HB 1107: FOR AN ACT ENTITLED, An Act to revise and repeal various provisions regarding the construction and maintenance of county and township highways and bridges.

HB 1236: FOR AN ACT ENTITLED, An Act to provide for the acquisition of certain motor vehicle titles by auction agencies in certain circumstances.

And signed the same in the presence of the Senate.

COMMEMORATIONS

SC 47 Introduced by: Senators Youngberg, Curd, Frerichs, Heinert, Klumb, Solano, and Stalzer and Representatives Wiese, Bartels, Bartling, Clark, Gosch, Greenfield (Lana), Heinemann, Hunhoff, Kaiser, Marty, May, Pischke, Rasmussen, and York

A LEGISLATIVE COMMEMORATION, Congratulating and honoring Laurie Macziewski on her retirement from thirty-seven years of teaching at Madison Elementary School.

WHEREAS, Laurie Macziewski is a teacher at Madison Elementary School who has devoted her entire career to teach elementary students in our state; and

WHEREAS, Laurie is a dedicated teacher and public servant who works tirelessly each day to help her students reach their full potential; and

WHEREAS, Laurie has worked with the Little Legislator program at Madison Elementary School since its inception and has accompanied students to Pierre each year to allow them to view and learn about the state's legislative process firsthand; and

WHEREAS, Laurie will retire at the end of this school year after having taught at Madison Elementary School for thirty-seven years:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Laurie Macziewski be congratulated and honored for her many years of dedicated service as a teacher and wished every happiness in her retirement.

SC 48 Introduced by: Senators Rusch, Curd, Ewing, Frerichs, Greenfield (Brock), Heinert, Kennedy, Klumb, Langer, Maher, Netherton, Novstrup, Sutton, and Wiik and Representatives Rasmussen, Ahlers, Campbell, Frye-Mueller, Gosch, Greenfield (Lana), Jensen (Kevin), Kaiser, Marty, Ring, Schaefer, and Schoenfish

A LEGISLATIVE COMMEMORATION, Commending and honoring Chris Nilsen, who represented team USA as a pole vaulter at the IAAF World Championship in London, England.

WHEREAS, Chris Nilsen is from Kansas City, Missouri, where he attended Park Hill High School. As a high school student, he showed exemplary patience, dedication, and tenacity, and broke the American high school record in the pole vault with a clearance of eighteen feet and four and three fourths inches; and

WHEREAS, Chris continued his pole vaulting career at the University of South Dakota where he won the NCAA pole vault championship during the indoor track and field season; and

WHEREAS, Chris earned South Dakota's Performance of the Year Award, broke the Summit League championship record with a height of eighteen feet and one inch and represented team USA at the IAAF World Championship in London, England:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Chris Nilsen hereby be commended and honored for his hard work and dedication to his exemplary athleticism, and for representing team USA as a pole vaulter at the IAAF World Championship in London, England.

SC 49 Introduced by: Senators Rusch, Curd, Ewing, Frerichs, Greenfield (Brock), Heinert, Kennedy, Klumb, Langer, Maher, Netherton, Novstrup, Sutton, and Wiik and Representatives Rasmussen, Ahlers, Campbell, Frye-Mueller, Gosch, Greenfield (Lana), Jensen (Kevin), Kaiser, Marty, Ring, Schaefer, and Schoenfish

A LEGISLATIVE COMMEMORATION, Commending and honoring Emily Grove, who represented team USA as a pole vaulter at the IAAF World Championships in London, England.

WHEREAS, Emily Grove is from Pontiac, Illinois, where she showed exemplary patience, dedication, and tenacity during her high school career at the Pontiac Township High School. She was the two-time Illinois state champion in the pole vault and one of the top prep pole vaulters in the nation and set the Illinois state record in the pole vault at 13 feet and five inches; and

WHEREAS, Emily continued her pole vaulting career at the University of South Dakota where she broke the Dakota Dome record in the pole vault while competing unattached with a height of 14 feet and seven and one-quarter inches at the USD Last Chance Meet; and

WHEREAS, Emily became the ninth collegiate woman to break the 15-foot barrier in the pole vault when she cleared a South Dakota program record 15-1 at the Sioux City Relays and became one of six pole vaulters representing team USA at the IAAF World Championship in London, England:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that Emily Grove hereby be commended and honored for her hard work and dedication to her exemplary athleticism, and for representing team USA as a pole vaulter at the IAAF World Championship in London, England.

SC 50 Introduced by: Senators Bolin, Cammack, Jensen (Phil), Klumb, Kolbeck, Netherton, and Otten (Ernie) and Representatives Jensen (Kevin), Anderson, Beal, Howard, Latterell, Otten (Herman), and Willadsen

A LEGISLATIVE COMMEMORATION, Honoring, commending, and thanking Sheriff Dennis Johnson, upon his retirement, for forty-one years of steadfast service in law enforcement.

WHEREAS, Sheriff Dennis Johnson, with the generous support of his family, served the citizens of Lincoln County with selfless dedication for their safety for thirty-seven years; and

WHEREAS, Sheriff Johnson has devoted his life to service, beginning with serving in the United States Army as a military policeman; and

WHEREAS, Sheriff Johnson served as the Chief of Police in Canton; and

WHEREAS, Sheriff Johnson was elected as the sheriff of Lincoln County in 1998; and

WHEREAS, Sheriff Johnson served as the chief law enforcement officer in Lincoln County for twenty years; and

WHEREAS, Sheriff Johnson was a mentor and friend to the Lincoln County community and others in law enforcement whom he served alongside:

NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Third Legislature of the State of South Dakota, that the Legislature honors and commends Sheriff Dennis Johnson for his outstanding career and commitment to the citizens of Lincoln County, South Dakota.

Sen. Killer moved that the Senate do now adjourn, which motion prevailed and at 5:24 p.m. the Senate adjourned.

Kay Johnson, Secretary