JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Friday, January 25, 2019

The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Rev. Valerie Hummel LaBounty, followed by the Pledge of Allegiance led by Senate page Julia Russell.

Roll Call: All members present except Sen. Schoenbeck who was 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 eleventh 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.

COMMUNICATIONS AND PETITIONS

June 1, 2018

The Honorable Matt Michels
President of the Senate
State Capitol
Pierre, SD 57501

Dear President and Members of the Senate:

Pursuant to the provisions of Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed David Wheeler, of Beadle County, Huron, South Dakota, to the South Dakota Lottery Commission.

This appointment is effective May 1, 2018, and shall continue until January 1, 2021.

Sincerely,
Dennis Daugaard

The President announced the referral of the appointment to the Committee on Commerce and Energy.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 72 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 Health and Human Services respectfully reports that it has had under consideration SB 6 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Deb Soholt, Chair

MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 34, 44 and returns the same with the recommendation that said bills do pass.

Respectfully submitted, Respectfully submitted,
John Wiik, Co-Chair Chris G. Karr, Co-Chair

MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration the nomination of Roger Musick of Davison County, Mitchell, South Dakota, to the South Dakota Science and Technology Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment.

Also MR. PRESIDENT:

The Committee on State Affairs respectfully reports that it has had under consideration SJR 1 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration
HB 1014 and 1015 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 Taxation respectfully reports that it has had under consideration the nomination of Jim Terwilliger of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Revenue and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar

Respectfully submitted,
Jeff Monroe, Chair

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 26 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 26 which has passed the House without change.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1003, 1021, 1033, 1046, 1048, 1053, and 1054 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 7 Introduced by: Senators Kennedy, Bolin, Foster, Heinert, Langer, Nesiba, Otten (Ernie), Soholt, Solano, and Wismer and Representatives Sullivan, Bordeaux, Borglum, Cwach, Duba, Healy, Lesmeister, McCleerey, Otten (Herman), Pourier, Reed, Ring, Schoenfish, Smith (Jamie), and St John

A CONCURRENT RESOLUTION, Directing the Executive Board to create a fifteen-member task force to study and make legislative proposals regarding alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances.

WHEREAS, a conviction under § 22-42-5.1 for ingestion of a controlled substance carries the penalty of a Class 6 felony; and

WHEREAS, South Dakota is the only state that imposes a felony for ingestion of a controlled substance; and

WHEREAS, twenty-seven percent of the male population and thirty-six percent of the female population of inmates in the state, with a total population of three hundred sixty-six inmates, who are serving prison terms for ingestion of a controlled substance under § 22-42-5.1; and

WHEREAS, reducing the penalty for ingestion of a controlled substance under § 22-42-5.1 from a felony to a misdemeanor would save the state an estimated fifty million dollars in department of corrections expenses over ten years, according to a Legislative Research Council's prison and jail cost estimate in 2018; and

WHEREAS, prevention and treatment alternatives to imprisonment, including Drug Courts, Hope Probation, and mental health or substance abuse treatment services, reduce recidivism and provide better opportunity for offenders to stay with their family, in their community, and to remain employed:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Executive Board of the Legislative Research Council shall create a task force to be comprised of fifteen members, with any vacancy on the task force to be filled in the same manner as the original appointment, and including:

(1) Three members of the Senate, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

(2) Three members of the House of Representatives, two of whom to be members of the Republican party and one of whom to be a member of the Democrat party;

(3) The secretary of the Department of Health;

(4) The secretary of the Department of Corrections;

(5) The attorney general;

(6) Two members to be appointed by the Governor who are members of the law enforcement community;

(7) Two members from the Unified Judicial System; and

(8) Two members who are representatives of the South Dakota Association of County Commissioners;

BE IT FURTHER RESOLVED, the task force shall study and evaluate the crime of unauthorized ingestion of controlled drugs or substances under § 22-42-5.1, including the number of arrests, convictions, and rates of recidivism since the law was enacted in 2013;

BE IT FURTHER RESOLVED, the task force shall study and evaluate alternatives to imprisonment for any person charged and convicted under § 22-42-5.1 more adequately to assist the person with substance abuse issues;

BE IT FURTHER RESOLVED, the task force shall study and evaluate possible funding alternatives as well as the financial ramifications through the reclassification of the penalty under § 22-42-5.1 from a felony to a misdemeanor on the state, the counties of the state, law

enforcement, substance abuse treatment facilities, and any other interested person that may be affected by the reclassification of the penalty;

BE IT FURTHER RESOLVED, the task force shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations;

BE IT FURTHER RESOLVED, the task force shall be staffed by the Legislative Research Council and funded not in excess of twenty-one thousand dollars.

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

SCR 6 was read on January 23^rd and has now been referred to the Committee on Agriculture and Natural Resources.

SR 1 was read on January 23^rd and has now been referred to the Committee on State Affairs.

Sen. Langer moved that SB 52 be deferred to Monday, January 28^th, the 13^th legislative day.

Which motion prevailed.

Sen. Nelson moved that the Committee on Health and Human Services be instructed to deliver SB 6 to the floor of the Senate, pursuant to Joint Rule 7-7.

Which motion was not supported.

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

CONSIDERATION OF REPORTS OF COMMITTEE

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

Commerce and Energy on SB 56 as found on page 160 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 102 Introduced by: Senator Maher and Representative Marty

FOR AN ACT ENTITLED, An Act to make an appropriation for gas well cleanup in Harding County.

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

SB 103 Introduced by: Senators Novstrup, Maher, Schoenbeck, Stalzer, and Wismer and Representatives Perry, Brunner, Chase, McCleerey, and Smith (Jamie)

FOR AN ACT ENTITLED, An Act to provide for an annual transfer of certain unobligated state general funds into the local bridge improvement grant fund.

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

SB 104 Introduced by: Senators Nelson, Jensen (Phil), and Russell and Representatives Brunner, Frye-Mueller, Howard, Marty, Mulally, Pischke, Randolph, and Weis

FOR AN ACT ENTITLED, An Act to require random drug testing of legislators.

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

SB 105 Introduced by: Senators Maher, Greenfield (Brock), Heinert, Monroe, and Youngberg and Representatives Rounds, Dennert, Frye-Mueller, Gosch, Perry, and Weis

FOR AN ACT ENTITLED, An Act to distribute a portion of tourism promotion funds to the special racing revolving fund and the South Dakota-bred racing fund.

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

SB 106 Introduced by: Senators Steinhauer, Curd, Nesiba, Rusch, and Schoenbeck and Representatives Rasmussen, Barthel, Gross, Johnson (David), Mills, Peterson (Kent), Reed, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to authorize a county gross receipts tax.

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

SB 107 Introduced by: Senators Nelson, Curd, DiSanto, Ewing, Greenfield (Brock), Jensen (Phil), Kolbeck, Monroe, Otten (Ernie), Russell, Schoenbeck, Smith (VJ), Stalzer, Sutton, and Wismer and Representatives Frye-Mueller, Bordeaux, Brunner, Dennert, Duba, Finck, Goodwin, Gosch, Greenfield (Lana), Hammock, Howard, Jensen (Kevin), Latterell, Marty, Mulally, Peterson (Kent), Peterson (Sue), Pischke, Randolph, Rasmussen, Reimer, Schoenfish, Sullivan, and Weis

FOR AN ACT ENTITLED, An Act to revise provisions regarding rape.

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

SB 108 Introduced by: Senator Nelson

FOR AN ACT ENTITLED, An Act to require certain legislative meetings to be open to the public.

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

SB 109 Introduced by: Senators Nelson, DiSanto, Jensen (Phil), and Russell and Representatives Brunner, Dennert, Frye-Mueller, Gosch, Jensen (Kevin), Lesmeister, Livermont, Marty, Mulally, Randolph, Sullivan, and Weis

FOR AN ACT ENTITLED, An Act to prohibit certain state employees from acting as a lobbyist for a certain period following termination of employment.

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

SB 110 Introduced by: Senators Nelson, Curd, Jensen (Phil), Maher, Russell, and Stalzer and Representatives Peterson (Kent), Dennert, Finck, Pischke, and Schoenfish

FOR AN ACT ENTITLED, An Act to revise provisions regarding adjustments to the motor fuel tax fund balance.

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

SB 111 Introduced by: Senator Nelson and Representative Pischke

FOR AN ACT ENTITLED, An Act to revise provisions regarding certification of emergency medical responders.

Was read the first time and referred to the Committee on Health and Human Services.

SB 112 Introduced by: Senators Cammack and Ewing and Representatives Brunner, Chaffee, Hammock, and Lesmeister

FOR AN ACT ENTITLED, An Act to provide for the assessment of certain agricultural land as noncropland.

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

SB 113 Introduced by: Senators Nesiba, Foster, Kennedy, and Wismer and Representatives Smith (Jamie), Duba, Healy, Lesmeister, McCleerey, and Saba

FOR AN ACT ENTITLED, An Act to provide that certain information contained within applications for money lending licenses are public records.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 114 Introduced by: Senators Nesiba, Foster, Kennedy, and Wismer and Representatives Sullivan, Cwach, Duba, Healy, Lesmeister, McCleerey, and Smith (Jamie)

FOR AN ACT ENTITLED, An Act to attribute campaign contributions by certain minors to their parents.

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

SB 115 Introduced by: Senators Stalzer, Bolin, Curd, DiSanto, Langer, Otten (Ernie), Russell, and Wiik and Representatives Qualm, Beal, Chaffee, Chase, Finck, Gosch, Hammock, Howard, Jensen (Kevin), Karr, Otten (Herman), Perry, and Randolph

FOR AN ACT ENTITLED, An Act to authorize the conditional carrying of a concealed pistol in the state capitol by certain persons.

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

SB 116 Introduced by: Senators Nesiba and Kennedy and Representatives Ring, Healy, Lesmeister, and Smith (Jamie)

FOR AN ACT ENTITLED, An Act to provide for the transfer of funds from the future fund to the education enhancement trust fund for the purpose of funding needs-based grants.

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

SB 117 Introduced by: Senators Nesiba, Curd, Foster, Heinert, Kennedy, Kolbeck, Partridge, Smith (VJ), Soholt, Solano, Steinhauer, and Wismer and Representatives Duba,

Bordeaux, Borglum, Cwach, Diedrich, Duvall, Healy, Lesmeister, McCleerey, Peterson (Kent), Pourier, Reed, Ring, Saba, Schoenfish, Smith (Jamie), Sullivan, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to authorize other languages to be used in the process of issuing certain driver licenses and permits.

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

SB 118 Introduced by: Senators Soholt, Rusch, Solano, and Steinhauer and Representatives Reed, Barthel, Borglum, Cwach, Diedrich, Healy, Jensen (Kevin), Rasmussen, Smith (Jamie), and York

FOR AN ACT ENTITLED, An Act to establish certain provisions regarding advance care planning.

Was read the first time and referred to the Committee on Health and Human Services.

SB 119 Introduced by: Senators Maher and Greenfield (Brock) and Representatives Marty and Lesmeister

FOR AN ACT ENTITLED, An Act to revise provisions regarding investments by farm mutual insurers.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 120 Introduced by: Senators Greenfield (Brock), Langer, Maher, and Nesiba and Representatives Peterson (Sue), Brunner, Greenfield (Lana), Johnson (David), and Rasmussen

FOR AN ACT ENTITLED, An Act to modify the time period allowable for certain covenants not to compete.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 121 Introduced by: Senators Russell, Nelson, and Otten (Ernie) and Representative Pischke

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding manufacturers' warranties for motor vehicles to include all-terrain vehicles.

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

SB 122 Introduced by: Senators Russell and Nelson and Representatives Weis, Dennert, Jensen (Kevin), and Pischke

FOR AN ACT ENTITLED, An Act to restrict the enactment of policies governing the possession of firearms at public institutions of higher education.

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

SB 123 Introduced by: Senators Russell and Nelson and Representatives Pischke and Jensen (Kevin)

FOR AN ACT ENTITLED, An Act to provide for the adoption of privacy protection policies.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 124 Introduced by: Senators Maher and Kolbeck and Representatives Hunhoff and Rounds

FOR AN ACT ENTITLED, An Act to provide for the transportation of alcoholic beverages by retail licensees.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 125 Introduced by: Senators Heinert, Kennedy, Partridge, Rusch, and Solano and Representatives Smith (Jamie), Cwach, Finck, Hansen, Hunhoff, Peterson (Kent), Pischke, and Ring

FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2019 to fund the literacy intervention program.

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

SB 126 Introduced by: Senators Heinert, Blare, Kennedy, Klumb, Maher, Monroe, Soholt, Stalzer, Sutton, and Youngberg and Representatives Bordeaux, Chase, Cwach, Dennert, Goodwin, Healy, Lesmeister, McCleerey, Schoenfish, Smith (Jamie), and Sullivan

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the common language of the state.

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

SB 127 Introduced by: Senator Wismer and Representative McCleerey

FOR AN ACT ENTITLED, An Act to revise provisions regarding the Law Enforcement Officers Certification Commission.

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

SB 128 Introduced by: Senators Monroe and Youngberg and Representatives Dennert, Brunner, and Duvall

FOR AN ACT ENTITLED, An Act to make an appropriation to the gaming commission fund, to provide for the transfer of funds to the special racing revolving fund and the South Dakota-bred racing fund, and to declare an emergency.

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

SB 129 Introduced by: Senators Greenfield (Brock), Blare, Heinert, and Maher and Representatives Rounds, Anderson, Finck, Glanzer, Goodwin, Peterson (Kent), Schoenfish, Smith (Jamie), and Willadsen

FOR AN ACT ENTITLED, An Act to exempt motor vehicles owned by licensed ambulance services from certain motor vehicle registration fees.

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

SB 130 Introduced by: Senator Maher

FOR AN ACT ENTITLED, An Act to create an on-sale surcharge license.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 131 Introduced by: Senators Wiik and Cronin

FOR AN ACT ENTITLED, An Act to accommodate legislation on Medicaid provider reimbursements.

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

SB 132 Introduced by: Senators Wiik and Cronin

FOR AN ACT ENTITLED, An Act to accommodate legislation on education.

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

SB 133 Introduced by: Senators Wiik and Cronin

FOR AN ACT ENTITLED, An Act to accommodate legislation to lower the state sales and use tax.

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

SB 134 Introduced by: Senators Wiik and Cronin

FOR AN ACT ENTITLED, An Act to accommodate legislation on Medicaid.

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

SB 135 Introduced by: Senator Maher

FOR AN ACT ENTITLED, An Act to modify the requirements for county or municipality disapproval of an off-sale license applicant to sell alcoholic beverages.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 136 Introduced by: Senators Curd, Ewing, Heinert, Kennedy, Maher, Nesiba, Partridge, Russell, Soholt, Stalzer, White, and Wismer and Representatives Peterson (Kent), Chase, Diedrich, Duba, Duvall, Glanzer, Hunhoff, Jensen (Kevin), Johnson (David), Lake, McCleerey, Reed, Ring, Schoenfish, and York

FOR AN ACT ENTITLED, An Act to provide for the utilization of telehealth by a health care professional.

Was read the first time and referred to the Committee on Health and Human Services.

SB 137 Introduced by: Senators Curd, Ewing, Heinert, Kennedy, Maher, Nesiba, Partridge, Russell, Soholt, Solano, Stalzer, White, and Wismer and Representatives Peterson (Kent), Chase, Diedrich, Duba, Duvall, Glanzer, Hunhoff, Jensen (Kevin), Johnson (David), Lake, McCleerey, Reed, Ring, Schoenfish, and York

FOR AN ACT ENTITLED, An Act to provide for the payment of claims for covered services provided by a health care professional via telehealth.

Was read the first time and referred to the Committee on Health and Human Services.

SB 138 Introduced by: Senators Curd, Cronin, Greenfield (Brock), Jensen (Phil), Kennedy, Langer, Maher, Monroe, Nelson, Nesiba, Partridge, Russell, Schoenbeck, Soholt, Solano, Stalzer, and Youngberg and Representatives Rounds, Barthel, Borglum, Brunner, Chase,

Cwach, Duvall, Finck, Johnson (David), McCleerey, Peterson (Kent), Pischke, Reed, Schoenfish, Sullivan, Weis, Willadsen, and Zikmund

FOR AN ACT ENTITLED, An Act to revise certain provisions regarding microbreweries.

Was read the first time and referred to the Committee on Commerce and Energy.

SB 139 Introduced by: Senators Heinert and Kennedy and Representative Saba

FOR AN ACT ENTITLED, An Act to prohibit the publication of false information in certain political advertisements.

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

SB 140 Introduced by: Senators Heinert and Kennedy and Representative Saba

FOR AN ACT ENTITLED, An Act to provide for the increase of higher education enrolled members of the nine federally recognized tribes in South Dakota at regental institutions.

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

SJR 3 Introduced by: Senator Nelson and Representative Pischke

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, related to partisan elections of judges.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1003: FOR AN ACT ENTITLED, An Act to revise eligibility for a deferred imposition of sentence.

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

HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding bid bonds for public improvement contracts.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1033: FOR AN ACT ENTITLED, An Act to revise provisions regarding transaction of business by trust companies.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1046: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the attorney recruitment assistance program.

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

HB 1048: FOR AN ACT ENTITLED, An Act to authorize a public body to conduct certain deliberations in an executive or closed meeting.

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

HB 1053: FOR AN ACT ENTITLED, An Act to revise the value of gifts permitted for certain insurance advertising or promotional programs.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1054: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the possession of firearms on certain vehicles.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Kelly Hepler of Hughes County, Pierre, South Dakota, to the position of Secretary of the Department of Game, Fish and Parks.

The question being “Does the Senate advise and consent to the executive appointment of Kelly Hepler pursuant to the executive message as found on page 89 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Yeas:
Blare; Bolin; Cammack; Cronin; Curd; Ewing; Foster; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
DiSanto; Nelson; Schoenbeck

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

The Senate proceeded to the consideration of the executive appointment of Jonathan E. Locken of Brown County, Bath, South Dakota, to the Game, Fish and Parks Commission.

The question being “Does the Senate advise and consent to the executive appointment of Jonathan E. Locken pursuant to the executive message as found on page 116 of the Senate Journal?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

Excused:
DiSanto; Nelson; Schoenbeck

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 22: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

Was read the second time.

The question being “Shall SB 22 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, 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; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
Schoenbeck

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 51: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

Was read the second time.

Sen. Partridge moved that SB 51 be amended as follows:

On page 3, line 10, of the printed bill, delete "resigning" and insert "resigned".

On page 3, line 11, delete "The" and insert "Such".

On page 3, line 16, delete "resigning" and insert "resigned".

Which motion prevailed.

The question being “Shall SB 51 pass as amended?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Nays:
Wismer

Excused:
Schoenbeck

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.

SIGNING OF BILLS

The President publicly read the title to

SB 26: FOR AN ACT ENTITLED, An Act to clarify certain provisions regarding the regulation of limited gaming in Deadwood, South Dakota.

HB 1004: FOR AN ACT ENTITLED, An Act to revise parole date calculation provisions.

HB 1006: FOR AN ACT ENTITLED, An Act to revise the time requirements for parole reports and plans.

HB 1016: FOR AN ACT ENTITLED, An Act to revise certain provisions of the alcoholic beverages code.

HB 1030: FOR AN ACT ENTITLED, An Act to allow the Office of School and Public Lands to accept internet bidding for the leasing of state minerals.

And signed the same in the presence of the Senate.

Sen. Kennedy moved that the Senate do now adjourn, which motion prevailed and at
1:59 p.m. the Senate adjourned.

Kay Johnson, Secretary