JOURNAL OF THE SENATE

NINETY-THIRD SESSION



THIRTY-THIRD DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, March 5, 2018

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

    The prayer was offered by the Chaplain, Rev. John Armstrong, followed by the Pledge of Allegiance led by Senate page Sarah Cook.

    Roll Call: All members present except Sens. Nesiba and Tapio 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 thirty-second 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.
OATHS


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

    Pages - Sarah Cook, Jonathon Freeman, Haley Gearhart, Danielle Houghtaling, Khalid Hussein, Anneliese Taggart

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

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1172 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1257 and returns the same with the recommendation that said bill be amended as follows:

1257wd

    On page 2 of the House Local Government Committee engrossed bill, delete lines 7 to 19, inclusive, and insert:

"    Section 4. That § 31-3-45 be amended to read:

    31-3-45. No vacation, change, or relocation of any highway as provided for in under this chapter shall diminish, nor any no maintenance designation of a highway as provided under chapter 31-12, diminishes any existing right of use enjoyed by any public utility, municipally owned utility, rural water system, or cooperative utility which that provides electricity, gas, water, or telephone service.

    Section 5. That section 37 of the enrolled version of HB 1107 as previously enacted by the Ninety-Third Session Legislative Assembly, 2018, be repealed.

    [Section 37.] That chapter 31-12 be amended by adding a NEW SECTION to read:

    The board of county commissioners may designate a highway that is unsafe for vehicle travel as a no maintenance highway. The board shall identify the beginning and end point of the highway designated as no maintenance. The board does not have any responsibility on a no

maintenance highway except to require removal or remediation of a manmade obstruction, if needed, to maintain the public access.

    Section 6. That section 38 of the enrolled version of HB 1107 as previously enacted by the Ninety-Third Session Legislative Assembly, 2018, be repealed.

    [Section 38.] That chapter 31-12 be amended by adding a NEW SECTION to read:

    The board of county commissioners shall post signs on a no maintenance highway to notify the motoring public that it is a no maintenance highway and that no vehicle travel is advised. The signs shall be posted at each entry point and at regular intervals along a no maintenance highway. A properly posted sign is prima facie evidence that adequate notice of a no maintenance highway has been given to the motoring public.".

    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 1109, which was reconsidered, and returns the same with the recommendation that said bill be amended as follows:

1109ja

    On page 2, line 1, of the House Judiciary Committee engrossed bill, delete everything after "incarcerated" and insert "; and

            (6)    Is not serving a capital punishment sentence;".

    On page 2, line 5, delete "provider or the warden" and insert "provider, the warden, or by inmate petition subject to department rules and policy".

    On page 2, line 19, delete "medical" and insert "health".

    On page 2, line 20, delete "medical" and insert "health".

    On page 3, line 5, delete everything after "." and insert "An inmate".

    On page 3, delete lines 6 to 8, inclusive, and insert "may not be released on compassionate parole, unless the inmate's release plan ensures the inmate's health care expenses will be paid either by the inmate or a third party payer including Medicare, Medicaid, Indian Health Service, veteran's assistance, or private insurance.".

    On page 3, line 19, after "parole" insert "in section 1 of this Act".

    On page 3, line 24, delete "the inmate" and insert "an inmate previously referred by the secretary for compassionate parole".
    On page 4, line 14, delete "a compassionate parole" and insert "compassionate parole release".

    On page 7, line 5, delete everything after "As a condition of" and insert "supervision pursuant to § 24-15A-37, any inmate released on compassionate parole".

    On page 7, delete line 6, and insert "shall be compliant with medical care and maintain responsibility for health care expenses through self pay or third party payer.".

    On page 7, after line 6, insert:

"    Section 16. That the code be amended by adding a NEW SECTION to read:

    When a parolee released under compassionate parole reaches their initial parole date pursuant to § 24-15A-32 or their parole eligibility date pursuant to § 24-15-5 and is paroled subject to the provisions of chapters 24-15 and 24-15A they are no longer subject to the provisions of this Act.".

    And that as so amended said bill do NOT pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1264 and returns the same with the recommendation that said bill be amended as follows:

1264fa

    On the House State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. The Board of Regents is hereby authorized to contract for the demolition of existing facilities, removal of rubbish, site preparation, construction, furnishing, and equipping 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, together with furnishings and equipment, including heating, air conditioning, plumbing, water, sewer, electric facilities, sidewalks, parking, landscaping, architectural and engineering services, asbestos abatement, and such other services or actions as may be required to accomplish the project for an estimated cost of fifty-five million dollars, subject to permitted adjustments pursuant to section 3 of this Act.

    Section 2. There is hereby appropriated for the purposes authorized in this Act the sum of fifty-four million seven hundred fifty thousand dollars ($54,750,000), or so much thereof as may be necessary, in other fund expenditure authority and one dollar ($1), or so much thereof as may be necessary, from the general fund, together with any additional sums received pursuant to section 5 of this Act, and permitted adjustments pursuant to section 3 of this Act. Two hundred fifty thousand dollars in the General Appropriations Act was reduced from the cooperative extension service at South Dakota State University to be applied for the purposes authorized in this Act.

    Section 3. The cost estimates contained in this Act have been stated in terms of 2017 values. The Board of Regents may adjust such cost estimates to reflect the inflation as measured by the Building Cost Index, reported by the Engineering News Record, and additional expenditures required to comply with regulations adopted after the effective date of this Act, or additional sums received pursuant to section 5 of this Act. However, any adjustments to construction cost estimates for the project may not exceed one hundred twenty-five percent of the estimated project construction cost stated in section 1 of this Act.

    Section 4. The South Dakota Building Authority may finance the precision agriculture classroom and laboratory building, including the issuance of revenue bonds not to exceed twenty-two million dollars, in accordance with this Act and chapter 5-12.

    Section 5. The Board of Regents may accept, transfer, and expend any funds obtained for the projects authorized in this Act from federal sources, South Dakota State University, donations, or any other sources, all of which comprise a special fund for the benefitted project. All moneys deposited into that precision agriculture fund are hereby appropriated to the projects authorized by this Act, subject to limitations stated in sections 1 to 3, inclusive, of this Act.

    Section 6. The administration of the design and construction of the project authorized in this Act shall be under the general charge and supervision of the Bureau of Administration as provided in chapter 5-14.

    Section 7. The executive director of the Board of Regents shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.

    Section 8. There is hereby created the precision agriculture fund. Money in the fund may be used for the construction and renovation of the precision agriculture classroom and laboratory building and Berg Agriculture Hall; bond redemption; and the annual maintenance, operations, and repair of the buildings. Interest earned on money in the fund shall be deposited in the fund. The fund shall be administered by the Board of Regents.

    Section 9. That chapter 38-19 be amended by adding a NEW SECTION to read:

    In addition to the fee imposed by § 38-19-10, each licensed distributor of commercial fertilizer shall pay to the secretary of agriculture for all commercial fertilizer distributed in this state an inspection fee of twenty-five cents per ton in accordance with the provisions of § 38-19-12. Notwithstanding the provisions of § 38-19-14, the fee imposed by this section shall be deposited in the precision agriculture fund created pursuant to section 8 of this Act.
    Section 10. Section 9 of this Act is effective on July 1, 2018.

    Section 11. Section 9 of this Act is repealed on the first day of the fiscal year following a determination by the Board of Regents that the bonds authorized pursuant to section 4 of this Act are satisfied and paid in full.

    Section 12. 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."


1264fta

    On page 1, line 1, of the House State Affairs Committee engrossed bill, delete everything after "Act to" and insert "authorize the construction of the precision agriculture building and certain renovations at South Dakota State University, to make an appropriation therefor, and to declare an emergency.".

    On page 1, delete lines 2 and 3.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration HB 1308 which was tabled.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SR 3 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Ernie Otten, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HJR 1006 and returns the same with the recommendation that said resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1160 and returns the same with the recommendation that said bill be amended as follows:

1160oa

    On page 5, after line 19 of the House State Affairs Committee engrossed bill, insert:

"    Section 6. That § 23A-28B-42 be amended to read:

    23A-28B-42. In any criminal action for a violation of state law or county or municipal ordinance, in addition to any other liquidated cost, penalty, assessment, surcharge, or fine provided by law, there shall be levied a crime victims' compensation surcharge on each Class 2 misdemeanor, Class 1 misdemeanor, or felony conviction of two five dollars and fifty cents.

    However, the surcharge imposed by this section does not apply to violations relating to parking of vehicles. In a case of clear financial hardship when a fine is suspended in whole or in part, the surcharge provided for in this section may be waived.

    Section 7. That § 23A-28B-43 be amended to read:

    23A-28B-43. The clerk of courts of each county shall collect any surcharge levied under § 23A-28B-42 and shall transmit such the collected surcharges within thirty days to the state treasurer who shall place such the money received in the crime victims' compensation fund. For administration of surcharge collection, the Unified Judicial System shall receive three one and one half percent of the surcharge funds collected, to be deposited in the court automation fund. The department shall receive twenty-seven thirteen and one half percent of surcharge funds collected for costs associated with administering claims and for providing administrative services to the commission. Such Any expenditures authorized from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the secretary of the department.

    Section 8. That § 23A-28B-25 be amended to read:

    23A-28B-25. No claim for compensation may be awarded:

            (1)    Unless an application for compensation is filed with the department within one year after the date of the personal injury or death and the personal injury or death was the result of a crime which had been reported to a law enforcement officer or agency within five days of its occurrence or, if the crime could not reasonably have been reported within such period, within five days of the date when a report could reasonably have been made. The department may waive the one year application requirement for good cause shown;
            (2)    If the victim:
            (a)    Engaged in conduct which substantially contributed to the infliction of the victim's injury or death or engaged in conduct which the victim should reasonably have foreseen could lead to the injury or death. However, this subsection does not apply to any victim defined in subsections

23A-28B-1(12)(b) and (c) or to any victim of: a sex offense under chapter 22-22; human trafficking under chapter 22-49; domestic abuse under § 25-10-1; child abuse, neglect, or exploitation under § 26-8A-2; or abuse, neglect, or exploitation of an elder or an adult with a disability under chapter 22-46;

            (b)    Committed or otherwise participated in a crime which caused or contributed to the victim's injury or death;
            (c)    Fails or refuses to cooperate fully with any appropriate law enforcement officer or agency or with the department in the administration of this chapter. If a claimant other than a victim fails or refuses to cooperate pursuant to this subsection, no compensation may be awarded to that claimant; or
            (3)    To any claimant, if the award would unjustly benefit an offender or an accomplice. ".

1160ota

    On page 1, line 2, of the House State Affairs Committee engrossed bill, after "Public Safety" insert ", to increase a surcharge to increase revenues to the crime victims' compensation fund, and to revise certain provisions regarding the awarding of claims from the fund".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1286 and returns the same with the recommendation that said bill be amended as follows:

1286ff

    On page 3, line 10, of the House engrossed bill, overstrike "senatorial or representative" and insert "legislative chamber and the senate or house".

    On page 3, line 17, after "district" insert ", whichever is less".

    On page 9, line 7, after "voter." insert "The certificate of nomination shall be filed with the secretary of state on or before July first at five p.m. central time.".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1311 and returns the same with the recommendation that said bill be amended as follows:

1311ka

    On page 1, line 5, of the printed bill, delete everything after "Census" and insert "Current Population Survey, as".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SR 4 and HB 1200 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 43, 73, 86, 140, 144, 164, 165, 185, and 212 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 144 and 212 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 176 was deferred to the 41st legislative day by the House.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 24 and 174 were tabled.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Hunhoff, Lust, and Bartling as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 125.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Johns, Jensen (Kevin), and Smith as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 46.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Soholt moved that the Senate do concur in House amendments to SB 178.

    The question being on Sen. Soholt's motion that the Senate do concur in House amendments to SB 178.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; Tapio

    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. Kennedy moved that the Senate do concur in House amendments to SB 8.

    The question being on Sen. Kennedy's motion that the Senate do concur in House amendments to SB 8.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; Tapio

    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. Maher moved that the Senate do concur in House amendments to SB 146.

    The question being on Sen. Maher's motion that the Senate do concur in House amendments to SB 146.

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Cronin

    Excused:
Nesiba; Tapio

    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. Maher moved that the Senate do concur in House amendments to SB 155.

    The question being on Sen. Maher's motion that the Senate do concur in House amendments to SB 155.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; Tapio

    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. Russell moved that the Senate do not concur in House amendments to SB 62 and that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to adjust the differences between the two houses.

    Which motion prevailed and the President announced as such committee Sens. Russell, Peters, and Partridge.

    SR 5 Introduced by: Senator Nelson

        A RESOLUTION, To affirm the need for continued involvement of the Department of Legislative Audit in verifying the fiscal and contractual compliance of rail operators on state owned rail lines.

    WHEREAS, in 2015 the Department of Legislative Audit found shortcomings in fiscal procedures of regional rail authorities; and

    WHEREAS, the Auditor General recommended that rail authorities verify the revenue figures reported by rail operators; and

    WHEREAS, the South Dakota Department of Transportation has, for lack of internal expertise, hired a New York firm to conduct a review, but not an audit, of rail operator financial reporting; and
    WHEREAS, including the direct involvement of the Department of Legislative Audit in that review would equip South Dakota with independent "in-house" expertise in the ongoing need for financial verification of contractual relationships; and

    WHEREAS, the State Railroad Board, the Government Operations and Audit Committee, the Mitchell-Rapid City Regional Railroad Authority, and local officials have addressed multiple issues involving noncompliance on that rail line for 2016:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, that the 2016 financial report for the Mitchell-Rapid City rail line be the focus of the review by the New York firm:

    BE IT FURTHER RESOLVED, that the Department of Legislative Audit participate without limitation in auditing all revenue reported by the operator of the Mitchell-Rapid City rail line for 2016; and

    BE IT FURTHER RESOLVED, that any costs for the participation of the Department of Legislative Audit be paid by the Department of Transportation.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed SR 5 on the calendar of Tuesday, March 6th, the thirty-fourth legislative day.

    Sen. Curd moved that HB 1045, 1192, 1304, 1067, 1318, and 1234 be deferred to Tuesday, March 6th, the thirty-fourth legislative day.

    Which motion prevailed.

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 10:00 a.m. on Tuesday, March 6th, the thirty-fourth legislative day.

    Which motion prevailed.

    The President announced that the President Pro tempore has made a change in the Senate Conference Committee and has appointed Sens. Bolin, Netherton, and Killer as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1016.

    The President announced that the President Pro tempore has made a change in the Senate Conference Committee and has appointed Sens. Nelson, Cronin, and Killer as a committee of three on the part of the Senate to meet with a like committee on the part of the House to adjust the differences between the two houses on HB 1268.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Judiciary on HB 1126 as found on page 658 of the Senate Journal; also

    Judiciary on HB 1170 as found on page 659 of the Senate Journal; also

    Agriculture and Natural Resources on HB 1140 as found on page 655 of the Senate Journal; also

    Senate Committee on Appropriations on HB 1162 as found on page 656 of the Senate Journal; also

    Education on HB 1215 as found on page 654 of the Senate Journal; also

    Education on HB 1252 as found on page 654 of the Senate Journal; also

    Education on HB 1297 as found on page 654 of the Senate Journal; also

    Commerce and Energy on HB 1313 as found on page 657 of the Senate Journal; also

    State Affairs on HB 1196 as found on page 652 of the Senate Journal; also

    State Affairs on HB 1002 as found on page 653 of the Senate Journal be adopted.

    Which motion prevailed.

SECOND READING OF CONSENT CALENDAR ITEMS

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

    Was read the second time.

    The question being "Shall HB 1053 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; 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 1293: FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults committed against firefighters, ambulance service, or health care facility personnel while engaged in the performance of their duties.

    Was read the second time.

    The question being "Shall HB 1293 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; 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 1004: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding petition forms for initiated measures and initiated amendments to the Constitution.

    Was read the second time.

    The question being "Shall HB 1004 pass?"

    And the roll being called:


    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; 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 1188: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding postsecondary tuition assistance programs.

    Was read the second time.

    The question being "Shall HB 1188 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; 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 1129: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding full-time equivalent positions.

    Was read the second time.

    The question being "Shall HB 1129 pass?"

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Cronin; Nesiba; 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.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1132: FOR AN ACT ENTITLED, An Act to revise the sponsorship and advertising agreements between certain alcoholic beverage licensees.

    Was read the second time.

1132wb

    Sen. Cammack moved that HB 1132 be amended as follows:

    On page 1, line 6, of the Senate Local Government Committee engrossed bill, after "with" delete "a" and insert "an on-sale".

    On page 1, line 7, after "No" insert "manufacturer or wholesaler, nor any agent of a manufacturer or wholesaler, may pay more than the fair market value of the advertising under this section. No on-sale".

    Which motion prevailed.

    The question being "Shall HB 1132 pass as amended?"

    And the roll being called:

    Yeas 11, Nays 21, Excused 3, Absent 0

    Yeas:
Cammack; Curd; Ewing; Haverly; Jensen (Phil); Nelson; Otten (Ernie); Partridge; Peters; Rusch; Russell

    Nays:
Bolin; Frerichs; Greenfield (Brock); Heinert; Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Cronin; Nesiba; Tapio

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

    HB 1083: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permits to carry a concealed pistol and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1083 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 1, Excused 4, Absent 0

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

    Nays:
Russell

    Excused:
Cronin; Nesiba; Partridge; Tapio

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

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

    Was read the second time.


    The question being "Shall HB 1209 pass as amended?"

    And the roll being called:

    Yeas 31, Nays 1, Excused 3, Absent 0

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

    Nays:
Russell

    Excused:
Cronin; Nesiba; 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 1139: FOR AN ACT ENTITLED, An Act to revise the applicability of adverse possession to certain partition fences.

    Was read the second time.

    The question being "Shall HB 1139 pass as amended?"

    And the roll being called:

    Yeas 21, Nays 12, Excused 2, Absent 0

    Yeas:
Bolin; Curd; Ewing; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Killer; Klumb; Kolbeck; Langer; Maher; Nelson; Netherton; Novstrup; Partridge; Russell; Stalzer; Sutton; Tidemann; Wiik

    Nays:
Cammack; Cronin; Haverly; Kennedy; Monroe; Otten (Ernie); Peters; Rusch; Soholt; Solano; White; Youngberg

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

    Was read the second time.

    The question being "Shall HB 1005 pass as amended?"

    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); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Youngberg

    Nays:
Nelson; Russell; Wiik

    Excused:
Nesiba; 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 1177: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the circulation of a petition for an initiated measure.

    Was read the second time.

1177kb

    Sen. Sutton moved that HB 1177 be amended as follows:

    On page 2, line 3, of the House State Affairs Committee engrossed bill, before "petition" insert "paid".

    On page 3, line 4, before "petition" insert "paid".

    On page 4, line 10, before "petition" insert "paid".

    Sen. Sutton requested a roll call vote.

    Which request was supported.

    The question being on Sen. Sutton's motion that HB 1177 be amended.

    And the roll being called:

    Yeas 8, Nays 25, Excused 2, Absent 0

    Yeas:
Bolin; Frerichs; Heinert; Kennedy; Killer; Peters; Russell; Sutton

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

    Excused:
Nesiba; Tapio

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

    The question being "Shall HB 1177 pass as amended?"

    And the roll being called:

    Yeas 18, Nays 15, Excused 2, Absent 0

    Yeas:
Cammack; Cronin; Curd; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Netherton; Otten (Ernie); Partridge; Rusch; Stalzer; Wiik; Youngberg

    Nays:
Bolin; Ewing; Frerichs; Heinert; Kennedy; Killer; Nelson; Novstrup; Peters; Russell; Soholt; Solano; Sutton; Tidemann; White

    Excused:
Nesiba; 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 1282: FOR AN ACT ENTITLED, An Act to provide certain notice requirements regarding out-of-state contributions to ballot question committees.

    Was read the second time.

1282ka

    Sen. Novstrup moved that HB 1282 be amended as follows:

    On page 1, line 7, of the House engrossed bill, delete "is not filed as a domestic entity" and insert "has not made any annual filing".

    Sen. Kennedy requested a roll call vote.

    Which request was supported.

    The question being on Sen. Novstrup's motion that HB 1282 be amended.

    And the roll being called:

    Yeas 24, Nays 9, Excused 2, Absent 0

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

    Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Monroe; Partridge; Rusch; Sutton

    Excused:
Nesiba; Tapio

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

    The question being "Shall HB 1282 pass as amended?"

    And the roll being called:

    Yeas 6, Nays 27, Excused 2, Absent 0

    Yeas:
Bolin; Ewing; Greenfield (Brock); Maher; Novstrup; Youngberg

    Nays:
Cammack; Cronin; Curd; Frerichs; Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Monroe; Nelson; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik

    Excused:
Nesiba; Tapio

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

    HB 1114: FOR AN ACT ENTITLED, An Act to establish certain requirements for students enrolling in resident school districts or assigned schools after participating in open enrollment.

    Was read the second time.

    The question being "Shall HB 1114 pass?"

    And the roll being called:

    Yeas 27, Nays 6, Excused 2, Absent 0

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

    Nays:
Frerichs; Heinert; Jensen (Phil); Killer; Nelson; Sutton

    Excused:
Nesiba; 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 1166: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding waivers recommended by the School Finance Accountability Board.

    Was read the second time.

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    Sen. Partridge moved that HB 1166 be amended as follows:

    On page 2, line 9, of the printed bill, before "The" insert "For a waiver recommended by the board under this section, the committee may provide any suggested change to the waiver. Not more than thirty days following receipt of a suggested change from the committee, the board may amend the recommended waiver in accordance with the suggested change and shall resubmit the recommended waiver.".

    Which motion prevailed.

    The question being "Shall HB 1166 pass as amended?"

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

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

    Nays:
Heinert; Killer; Monroe

    Excused:
Nesiba; 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 1281: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons on probation and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1281 pass as amended?"

    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; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; Tapio

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

    HB 1285: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding community safety zones.

    Was read the second time.

    The question being "Shall HB 1285 pass as amended?"

    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; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

    Excused:
Nesiba; 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.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has appointed Reps. Turbiville, Rozum, and Wismer as a committee of three on the part of the House to meet with a like committee on the part of the Senate to adjust the differences between the two houses on SB 62.

Respectfully,
Sandra J. Zinter, Chief Clerk

SIGNING OF BILLS

    The President publicly read the title to

    SB 9: FOR AN ACT ENTITLED, An Act to require fiscal notes for certain initiated measures and initiated amendments to the Constitution.

    SB 11: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time period during which petition sponsors may submit ballot measures to the Legislative Research Council for review and comment.

    SB 13: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the director of the Legislative Research Council issuing fiscal notes for certain ballot measures.

    SB 43: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

    SB 73: FOR AN ACT ENTITLED, An Act to authorize a vehicle dealer to lease space in the common area of a shopping mall for displaying new vehicles.

    SB 80: FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Regents.

    SB 82: FOR AN ACT ENTITLED, An Act to revise certain provisions providing for the inspections of large passenger vehicles used by nonprofit organizations.

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

    SB 89: FOR AN ACT ENTITLED, An Act to establish term limits for members of the Board of Education Standards.

    SB 90: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of taxes and fees before transferring title of mobile homes or manufactured homes.

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

    SB 140: FOR AN ACT ENTITLED, An Act to revise provisions regarding an objection to a custody or visitation order.

    SB 144: FOR AN ACT ENTITLED, An Act to revise certain provisions related to party affiliation on voter registration cards.

    SB 148: FOR AN ACT ENTITLED, An Act to revise the list of organizations that may approve and accredit a nonpublic school.

    SB 164: FOR AN ACT ENTITLED, An Act to prohibit certain instances of inserting a urinary catheter without consent of the patient.

    SB 165: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding child custody and visitation and the enforcement of those provisions.

    SB 185: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding criminal record expungement.

    SB 212: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Bureau of Information and Telecommunications assistance to schools.

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

    HB 1070: FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding alcoholic beverages.

    HB 1137: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the registration of lobbyists.

    HB 1157: FOR AN ACT ENTITLED, An Act to authorize certain alcohol manufacturers and wholesalers to enter into sponsorship agreements with certain alcohol retail licensees.

    HB 1163: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal publication deadlines.

    HB 1168: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the abandonment or dissolution of television translator districts.

    HB 1178: FOR AN ACT ENTITLED, An Act to provide a penalty for the failure to complete timely audits by certain entities.

    HB 1183: FOR AN ACT ENTITLED, An Act to revise the deadline for the certification of certain municipal ballot language to the county auditor.

    And signed the same in the presence of the Senate.

    Sen. Kolbeck moved that the Senate do now adjourn, which motion prevailed and at 5:03 p.m. the Senate adjourned.

Kay Johnson, Secretary