The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of
Allegiance led by Senate page Sydney Marso.
Roll Call: All members present.
The Committee on Legislative Procedure respectfully reports that the Secretary of the
Senate has had under consideration the Senate Journal of the fourth day.
All errors, typographical or otherwise, are duly marked in the temporary journal for
correction.
And we hereby move the adoption of the report.
The Committee on State Affairs respectfully reports that it has had under consideration
SB 26 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 35 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SB 7 which was deferred to the 41st Legislative Day.
The Committee on Transportation respectfully reports that it has had under consideration
SB 10 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
SB 13 and returns the same with the recommendation that said bill do pass and be placed on the
consent calendar.
MR. PRESIDENT:
I have the honor to inform your honorable body that the House has adopted the report of
the Joint-Select Committee relative to making arrangements for a memorial recognition of
deceased former members of the Senate and House.
SCR 5 Introduced by: Senators Bolin, Cammack, DiSanto, Ewing, Jensen (Phil), Klumb,
Kolbeck, Langer, Maher, Monroe, Nelson, Novstrup, Otten (Ernie), Partridge, Rusch,
Schoenbeck, Stalzer, Steinhauer, Sutton, Wiik, and Youngberg and Representatives Deutsch,
Anderson, Barthel, Brunner, Chaffee, Chase, Dennert, Diedrich, Duvall, Finck, Glanzer,
Goodwin, Gosch, Greenfield (Lana), Hansen, Jensen (Kevin), Marty, Mulally, Peterson (Kent),
Peterson (Sue), Randolph, Rasmussen, Schoenfish, Steele, Weis, Wiese, Willadsen, and
Zikmund
Was read the first time, the President Pro Tempore waived the referral to committee, and
placed SCR 5 on the calendar of Tuesday, January 15th, the sixth legislative day.
SCR 2: A CONCURRENT RESOLUTION, To provide for legislative task forces to study,
report, and develop and consider recommendations and proposed legislation regarding
sustainable improvements to the continuum of mental health services available in the state.
Was read the second time.
Sen. Soholt moved that SCR 2 as found on page 14 of the Senate Journal be adopted.
The question being on Sen. Soholt's motion that SCR 2 be adopted.
And the roll being called:
Yeas 35, Nays 0, Excused 0, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert;
Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup;
Otten (Ernie); Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer;
Steinhauer; Sutton; White; Wiik; Wismer; Youngberg
So the motion having received an affirmative vote of a majority of the members-elect, the
President declared the motion carried and SCR 2 was adopted.
SB 49 Introduced by: Senator Bolin and Representative Brunner
FOR AN ACT ENTITLED, An Act to declare void the transgender procedure adopted by
the South Dakota High School Activities Association and to establish a determinant in
identifying a student's sexual identity for the purpose of participation in high school athletics.
Was read the first time and referred to the Committee on Education.
SB 50 Introduced by: Senators Nelson, Blare, DiSanto, Greenfield (Brock), Jensen (Phil),
Maher, and Russell and Representatives Brunner, Dennert, Frye-Mueller, Goodwin, Gosch,
Greenfield (Lana), Howard, Jensen (Kevin), Latterell, Livermont, Marty, Mulally, Randolph,
and Weis
FOR AN ACT ENTITLED, An Act to remove restrictions regarding the carrying of a
concealed weapon in the state capitol by permit holders.
Was read the first time and referred to the Committee on Judiciary.
Sen. Otten (Ernie) moved that the Senate do now adjourn, which motion prevailed and at
2:40 p.m. the Senate adjourned.
facilities, unexpended balances or appropriations, allocations or other funds have not been
clearly allocated to an agency, the Governor shall specify by interim procedures the allocation
of the function and its associated resources. At the next legislative session following the
issuance of such interim procedures, the Governor shall make recommendations concerning
the proper allocation of the functions of transferred agencies which are not clearly allocated
by this order. Any interim procedures issued in conjunction with this section shall be filed with
the Secretary of State.
Section 11. The rights, privileges and duties of the holders of bonds and other obligations
issued, and of the parties to contracts, leases, indentures, and other transactions entered into,
before the effective date of this order, by the state or by any agency, officer, or employee
thereof, and covenants and agreements as set forth therein, remain in effect, and none of those
rights, privileges, duties, covenants, or agreements are impaired or diminished by abolition of
an agency in this order. The agency to which functions of another agency are transferred is
substituted for that agency and succeeds to its rights and leases, indentures, and other
transactions.
Section 12. No judicial or administrative suit, action or other proceeding lawfully
commenced before the effective date of this order by or against any agency or any officer of
the state, in his official capacity or in relation to the discharge of his official duties, shall abate
or be affected by reason of the taking effect of any reorganization under the provisions of this
order. The court may allow the suit, action or other proceeding to be maintained by or against
the successor of any agency or any officer affected by this order.
Native American students.
Section 24. That § 13-14-17 be transferred to chapter 1-54.
Section 25. That § 13-14-18 be transferred to chapter 1-54.
Section 26. That § 13-14-19 be transferred to chapter 1-54.
Section 27. That § 13-14-20 be transferred to chapter 1-54 and amended to read as
follows.
13-14-20. Determination of grant recipients and award amounts. The department, with the
assistance of a group of reviewers designated by the secretary of education tribal relations,
shall determine grant recipients and award amounts utilizing a competitive process. The
group of reviewers shall include three members of the Indian Education Advisory Council
established pursuant to § 13-1-47.
Section 28. That § 13-14-21 be transferred to chapter 1-54.
Section 29. That § 13-14-22 be transferred to chapter 1-54.
Section 30. That § 13-14-23 be transferred to chapter 1-54.
Section 31. That § 13-55-72 be transferred to chapter 1-54 and amended to read as
follows.
13-55-72. Paraprofessional tuition assistance scholarship program established. There is
hereby established the paraprofessional tuition assistance scholarship program to be
administered by the Office of Indian Education within the Department of Education Tribal
Relations. The purpose of the scholarship program is to allow the pursuit of full teacher
certification by the paraprofessionals employed by qualifying schools.
Section 32. That § 13-55-73 be transferred to chapter 1-54.
Section 33. That § 13-55-74 be transferred to chapter 1-54.
Section 34. That § 13-55-75 be transferred to chapter 1-54 and amended to read as
follows.
13-55-75. Maximum term of participation in program. A person is eligible to participate
in the paraprofessional tuition assistance scholarship program for up to four consecutive
academic years or until the attainment of a baccalaureate degree in elementary or secondary
education, whichever comes first. The secretary of education tribal relations may grant
exceptions to the continuous enrollment requirement if good cause is demonstrated.
Section 35. That § 13-55-76 be transferred to chapter 1-54.
Section 36. That § 13-55-77 be transferred to chapter 1-54.
Governor's Office of Economic Development shall also make available information on farm
lending opportunities.
Section 41. That 38-1-43 be transferred to chapter 1-53 and be amended to read as
follows:
38-1-43. Rules governing the farm link program. The Department of Agriculture
Governor's Office of Economic Development shall promulgate rules pursuant to chapter 1-26 to administer the farm link program established pursuant to § 38-1-42. The rules shall
include provisions governing program eligibility and procedures for data management,
applications, and program administration.
Section 42. That § 38-6-1 be transferred to chapter 1-53 and be amended to read as follows:
38-6-1. Secretary of agriculture Commissioner of Governor's Office of Economic
Development as state official to receive trust assets. The secretary of agriculture commissioner
of governor's office of economic development is hereby designated as the state official of the
State of South Dakota to make application to and receive from the secretary of agriculture of
the United States, or any other proper federal official, pursuant and subject to the provisions of
Public Law 499, 81st Congress, approved May 3, 1950, the trust assets, either funds or property,
held by the United States as trustee in behalf of the South Dakota Rural Rehabilitation
Corporation.
Section 43. That § 38-6-3 be transferred to chapter 1-53 and be amended to read as follows:
38-6-3. Agreements for administration of trust assets by federal government. The secretary of
agriculture commissioner of governor's office of economic development, with the approval of
the Governor, is authorized to enter into agreements with the secretary of agriculture of the
United States pursuant to section 2(f) of the aforesaid act of the Congress of the United States,
upon such terms and conditions and for such periods of time as may be mutually agreeable,
authorizing the secretary of agriculture of the United States to accept, administer, expend and
use in the State of South Dakota all or any part of such trust assets or any other funds of the
State of South Dakota which may be appropriated for such uses for carrying out the purposes
of Titles I and II of the Bankhead-Jones Farm Tenant Act, in accordance with the applicable
provisions of Title IV thereof, as amended, and to do any and all things necessary to effectuate
and carry out the purposes of said agreements.
Section 44. That § 38-6-4 be transferred to chapter 1-53 and be amended to read as follows:
38-6-4. Deposit of trust assets with state treasurer--Purposes for which used. Notwithstanding
any other provisions of law, funds and the proceeds of the trust assets which are not authorized
to be administered by the secretary of agriculture of the United States under the provisions of
§ 38-6-3 shall be received by the secretary of agriculture commissioner of governor's office of
economic development under the application made pursuant to § 38-6-1 and by him deposited
with the state treasurer for use by the secretary commissioner of governor's office of economic
development for such of the rural rehabilitation purposes permissible under the charter of the
now dissolved South Dakota Rural Rehabilitation Corporation as may from time to time be
agreed upon by the secretary of agriculture commissioner of governor's office of economic
development with the approval of the Governor and the secretary of agriculture of the United
States subject to the applicable provisions of said Public Law 499, or for the purposes of
§ 38-6-3.
Section 45. That § 38-6-5 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-5. Compromise, adjustment, and collection of claims and obligations. The secretary
of agriculture commissioner of governor's office of economic development, with the
approval of the Governor, is authorized and empowered to collect, compromise, adjust, or
cancel claims and obligations arising out of or administered under this chapter or under any
mortgage, lease, contract, or agreement entered into or administered pursuant to this chapter
and, if in his judgment, necessary and advisable, pursue the same to final collection in any
court having jurisdiction.
Section 46. That § 38-6-6 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-6. Purchase and acquisition of property securing indebtedness. The secretary of
agriculture commissioner of governor's office of economic development, with the approval
of the Governor, is authorized and empowered to bid for and purchase at any execution,
foreclosure, or other sale, or otherwise to acquire property upon which the secretary
commissioner has a lien by reason of a judgment or execution, or which is pledged,
mortgaged, conveyed, or which otherwise secures any loan or other indebtedness owing to
or acquired by the secretary commissioner under this chapter.
Section 47. That § 38-6-7 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-7. Operation, lease, and disposition of property purchased or acquired. The secretary
of agriculture commissioner of governor's office of economic development, with the
approval of the Governor, is authorized and empowered to accept title to any property
purchased or acquired pursuant to § 38-6-6; to operate or lease such property for such period
as may be deemed necessary to protect the investment therein; and to sell or otherwise
dispose of such property in a manner consistent with the provisions of this chapter.
Section 48. That § 38-6-8 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-8. Investment, transfer, and sale of securities and obligations--Purposes. The secretary
of agriculture commissioner of governor's office of economic development, with the
approval of the Governor, is authorized and empowered to negotiate, renegotiate, invest,
reinvest, transfer, and sell securities, notes, bonds, mortgages, and other obligations,
including funds and the proceeds of trust assets, in such manner and upon such terms,
conditions and for such periods of time consistent with and for carrying out the purposes of
this chapter and to do any and all things necessary to effectuate and carry out the purposes
permissible under the charter of the now dissolved South Dakota Rural Rehabilitation
Corporation.
Section 49. That § 38-6-8.1 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-8.1. Rules for disposition of claims and administration of trust. The secretary of
agriculture commissioner of governor's office of economic development, in compliance
with the provisions of chapter 1-26, shall promulgate rules for disposition of claims and
administration of trust assets authorized under this chapter, including all loan programs, and
may adopt pursuant to chapter 1-26 such federal rules as are necessary to administer any
program authorized under this chapter.
Section 50. That § 38-6-9 be transferred to chapter 1-53.
Section 51. That § 38-6-10 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-10. United States held free from liability. The United States and the secretary of
agriculture thereof, shall be held free from liability by virtue of the transfer of the assets to
the secretary of agriculture of the State of South Dakota commissioner of governor's office
of economic development pursuant to this chapter.
Section 52. That § 38-6-11 be transferred to chapter 38-1.
Section 54. That § 38-6-13 be transferred to chapter 1-53
Section 55. That § 38-6-14 be transferred to chapter 1-53.
Section 56. That § 38-6-15 be transferred to chapter 1-53 and be amended to read as
follows:
38-6-15. Earnings on value added agriculture subfund. Earnings on the value added
agriculture subfund may be used by the South Dakota Department of Agriculture
Governor's Office of Economic Development for the administrative costs of this program.
Such earnings shall be expended in accordance with the provisions of Title 4 on warrants
drawn by the state auditor on vouchers approved by the secretary of agriculture
commissioner of the governor's office of economic devlopment. Eligible expenses may not
exceed total interest earnings during the previous fiscal year prior to the deduction of loan
losses for the same fiscal year.
Section 57. That § 38-6-16 be transferred to Chapter 1-53.
Section 58. That § 10-47B-149(2) be amended to read as follows:
insuring program compliance by participants in the program; and
(5) Provisions to maintain the confidentiality of business information provided to
the secretary by participants in the program.
Section 64. That § 39-24-7 be transferred to chapter 1-53 and be amended to read as
follows:
39-24-7. Enforcement by court action--Injunctive relief. In addition to any other remedy
provided by law, the secretary commissioner may proceed by suit in any court of competent
jurisdiction to enforce the terms and provisions of this chapter and of any license issued
pursuant to this chapter. The secretary commissioner may as a part of any such suit seek
injunctive relief.
Section 65. That § 39-24-8 be transferred to chapter 1-53 and be amended to read as
follows:
39-24-8. Revocation of license. In addition to any other remedy provided by law, the
secretary commissioner may revoke a license for cause pursuant to chapter 1-26.
Section 66. That §§ 39-24-9 and 39-24-10 be transferred to chapter 1-53.
Dated in Pierre, South Dakota, this 14th day of January, 2019.