JOURNAL OF THE SENATE

NINETY-FOURTH SESSION

TWENTY-SEVENTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 21, 2019

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

The prayer was offered by the Chaplain, Pastor Seth LaBounty, followed by the Pledge of Allegiance led by Senate pages Caitlin Kroemer and Taylor Eggert.

Roll Call: All members present except Sen. Rusch 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 twenty-sixth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

The President read Senate Commemoration 29 honoring Lois Henry for her twenty years of service as a committee secretary.

COMMUNICATIONS AND PETITIONS

February 20, 2019

Mr. President and Members of the Senate:

I have the honor to inform you that on February 20, 2019, I approved Senate Bill 44, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Education respectfully reports that it has had under consideration
SB 88, 151, and 152 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
Alan Solano, Chair

MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 131, 132, and 133 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 116 and returns the same with the recommendation that said bill be amended as follows:

116za

On page 1, line 5, of the printed bill, delete "five million dollars" and insert "one dollar".

116zd

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

" Section 1. That § 4-7-31 be amended to read:

4-7-31. There is hereby established within the state treasury the budget reserve fund. Expenditures from the budget reserve fund may occur only by special appropriation of the Legislature and only to redress unforeseen expenditure obligations or unforeseen revenue shortfalls, as may constitute an emergency pursuant to S.D. Const., Art. III, § 1.

Section 2. That § 4-7-32 be amended to read:

4-7-32. On July first of each fiscal year, or at such time ~~that~~ as the prior fiscal year general fund ~~ending~~ unobligated cash balance is determined, the commissioner of the Bureau of Finance and Management shall transfer all prior year unobligated cash up to an amount equal to ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year into the budget reserve fund. In no event shall the cash balance in the budget reserve fund be greater than ten percent of the general fund appropriations from the general appropriation act for the prior fiscal year.

Expenditures out of the budget reserve fund shall only be by special appropriation of the Legislature and shall only redress such unforeseen expenditure obligations or such unforeseen revenue shortfalls as may constitute an emergency pursuant to S.D. Const., Art. III, § 1 as follows:

(1) If the combined cash balance of the budget reserve fund and the general revenue replacement fund is less than ten percent of the General Appropriations Act for the prior year, an amount of unobligated cash shall be transferred to the budget reserve fund, so that the combined cash balance of the funds equals ten percent of the General Appropriations Act for the prior year;

(2) If any unobligated cash balance remains after the requirements of subdivision (1) are met, the commissioner of the Bureau of Finance and Management shall transfer one dollar into the education enhancement trust fund created pursuant to S.D. Const., Art. XII, § 6 to allow the funds to be invested to fund the needs-based grants as provided in chapter 13-55A;

(3) If any unobligated cash balance remains after the requirements of subdivision (2) are met, the commissioner of the Bureau of Finance and Management shall transfer any unobligated cash remaining into the budget reserve fund if the amount in the budget reserve fund does not exceed fifteen percent of the general fund appropriations in the General Appropriations Act for the prior fiscal year;

(4) If any unobligated cash balance remains after the requirements of subdivision (3) are met, the commissioner of the Bureau of Finance and Management shall transfer the remaining amount into the general revenue replacement fund .

Section 3. That § 4-7-39 be repealed.

4-7-39. The commissioner of the Bureau of Finance and Management shall transfer any unobligated cash remaining after the transfer into the budget reserve fund as required by § 4-7-32 into the general revenue replacement fund if the amount in the general revenue replacement fund does not exceed fifteen percent of the general fund appropriations in the General Appropriations Act for the previous fiscal year. "

116ztb

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "provide for an annual transfer of certain unobligated state general funds for the purpose of funding needs-based grants.".

On page 1, delete line 2.

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 SB 167 and returns the same with the recommendation that said bill be amended as follows:

167ja

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

" Section 1. There is hereby established a taskforce to study and make legislative proposals regarding alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances. The task force shall 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 Social Services;

(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, including a sheriff and a state's attorney;

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

(8) Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner.

Section 2. The task force shall study and evaluate:

(1) 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;

(2) Alternatives to imprisonment for any person charged and convicted under § 22-42-5.1 more adequately to assist the person with substance abuse issues; and

(3) 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.

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

The task force shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded not in excess of twenty-one thousand dollars.

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

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."

167jta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish a task force to study alternatives to imprisonment for those convicted of the crime of ingestion of controlled substances.".

167wa

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

" Section 1. That chapter 2-6 be amended by adding a NEW SECTION to read:

There is hereby established an interim task force comprised of a total 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 Social Services;

(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, including a sheriff and a state's attorney;

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

(8) Two members who are representatives of the South Dakota Association of County Commissioners, including a county commissioner.

Section 2. That chapter 2-6 be amended by adding a NEW SECTION to read:

The task force established under section 1 of this Act shall study and evaluate:

(1) 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;

(2) Alternatives to imprisonment for any person charged and convicted under § 22-42-5.1 more adequately to assist the person with substance abuse issues;

(3) 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.

Section 3. That chapter 2-6 be amended by adding a NEW SECTION to read:

The task force established under section 1 of this Act shall report to the Legislature and the Governor before the beginning of the Ninety-Fifth Legislative Session, including any draft legislation or policy recommendations.

Section 4. That chapter 2-6 be amended by adding a NEW SECTION to read:

The interim legislative committee shall be under the supervision of the Executive Board of the Legislative Research Council and staffed and funded as an interim legislative committee not in excess of twenty-one thousand dollars.

Section 5. This Act is repealed on July 1, 2020."

167wta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "establish a task force to study the crime of ingestion of controlled substances.".

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 SCR 7 and returns the same with the recommendation that said resolution be adopted.

Respectfully submitted,
John Wiik, Chair

MR. PRESIDENT:

The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 58 which was deferred to the 41^st Legislative Day.

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

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 19 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 74 and 79 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 1117 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1021 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 Commerce and Energy respectfully reports that it has had under consideration SB 15 and returns the same with the recommendation that said bill be amended as follows:

15ca

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

" Section 1. That § 49-41B-2 be amended to read:

49-41B-2. Terms as used in this chapter mean:

(1) "AC/DC conversion facility," an asynchronous AC to DC to AC tie that is directly connected to a transmission facility or a facility that connects an AC transmission facility with a DC transmission facility or vice versa;

(2) "Associated facilities," facilities which include aqueducts, diversion dams, transmission substations, storage ponds, reservoirs, or cooling ponds;

(3) "Carbon dioxide," a fluid that consists of more than ninety percent carbon dioxide molecules compressed in a supercritical state;

(4) "Commission," the Public Utilities Commission;

(5) "Construction," any clearing of land, excavation, or other action that would affect the environment of the site for each land or rights of way upon or over which a facility may be constructed or modified, but not including activities incident to preliminary engineering or environmental studies. This term includes modifications to facilities as defined in § 49-41B-2.2;

(6) "Energy conversion facility," any new facility, or facility expansion, designed for or capable of generation of one hundred megawatts or more of electricity, but does not include any wind or solar energy facilities;

(7) "Facility," any energy conversion facility, AC/DC conversion facility, transmission facility, solar energy facility, or wind energy facility, and associated facilities;

(8) "Permit," the permit issued by the commission under this chapter required for the construction and operation of a facility;

(9) "Person," an individual, partnership, limited liability company, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other public or private entity, however organized;

(10) "Siting area," that area within ten miles in any direction of a proposed energy conversion facility, AC/DC conversion facility, or which is determined by the commission to be affected by a proposed energy conversion facility;

(11) "Trans-state transmission facility," an electric transmission line and its associated facilities which originates outside the State of South Dakota, crosses this state and terminates outside the State of South Dakota; and which transmission line and associated facilities delivers electric power and energy of twenty-five percent or less of the design capacity of such line and facilities for use in the State of South Dakota;

(12) "Utility," any person engaged in and controlling the generation or transmission of electric energy and gas or liquid transmission facilities as defined by § 49-41B-2.1;

(13) "Wind energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that converts wind movement into electricity and that is designed for or capable of generation of one hundred megawatts or more of electricity. A wind energy facility expansion includes the addition of new wind turbines, designed for or capable of generating twenty-five megawatts or more of electricity, which are to be managed in common and integrated with existing turbines and the combined megawatt capability of the existing and new turbines is one hundred megawatts or more of electricity. The number of megawatts generated by a wind energy facility is determined by adding the nameplate power generation capability of each wind turbine;

(14) "Solar energy facility," a new facility, or facility expansion, consisting of a commonly managed integrated system of solar panels, power collection systems, electric interconnection systems, and associated facilities, that converts solar energy into electricity and is designed for or capable of generating one hundred megawatts AC or more of electricity. A facility expansion includes the addition of new solar panels, designed for or capable of generating twenty-five megawatts AC or more of electricity, that are to be managed in common and integrated with existing solar panels, and the combined megawatt capability of the existing and new solar panels is one hundred megawatts AC or more of electricity.

Section 2. That § 49-41B-35 be amended to read:

49-41B-35. To implement the provisions of this chapter regarding facilities, the commission shall promulgate rules pursuant to chapter 1-26. Rules may be adopted by the commission:

(1) To establish the information requirements and procedures that every utility must follow when filing plans with the commission regarding its proposed and existing facilities;

(2) To establish procedures for utilities to follow when filing an application for a permit to construct a facility, and the information required to be included in the application; and

(3) To require bonds, guarantees, insurance, or other requirements to provide funding for the decommissioning and removal of a solar or wind energy facility.

Section 3. That § 49-41B-36 be amended to read:

49-41B-36. Nothing in this chapter is a delegation to the commission of the authority to route a transmission facility, or to designate or mandate location of an energy conversion facility, AC/DC conversion facility, solar energy facility, or wind energy facility.

Section 4. That chapter 49-41B be amended by adding a NEW SECTION to read:

Within nine months of receipt of the initial application for a permit for the construction of a solar energy facility, the commission shall make complete findings and render a decision on whether a permit should be granted, denied, or granted upon any terms, conditions, or modifications of the construction, operation, or maintenance the commission determines are appropriate. In the decision, the commission shall find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the public input meeting within ten days following the decision.

Section 5. That § 49-41B-5.2 be amended to read:

49-41B-5.2. ~~The~~ Within thirty days following the filing of an application for permit, the applicant shall notify, in writing, the owner of record of any land that is located within one-half mile of the proposed site where the facility is to be constructed. For purposes of this section, the owner of record is limited to the owner designated to receive the property tax bill sent by the county treasurer. The notice shall be mailed by certified mail. The applicant shall also publish a notice of the proposed facility. Notification shall be published in the official newspaper of each county in which the proposed site is located. The notice shall be published at least once each week for at least two consecutive weeks. The notice shall contain a description of the nature and location of the facility. Any notification required by this section shall state the date, time, and location of the public hearing and shall be made no later than thirty days prior to the date of the public hearing. However, the second published notice shall be made no later than twenty days prior to the date of the public hearing input meeting. The applicant shall also file a copy of the application with the auditor of each county in which the proposed facility will be located.

Section 6. That § 49-41B-15 be amended to read:

49-41B-15. Within thirty days following receipt of an application for a permit, the commission shall:

(1) Schedule a public ~~hearing~~ input meeting;

(2) Notify the applicant of the ~~hearing~~ public input meeting; and

(3) Serve notice of the application and ~~hearing~~ public input meeting upon the governing bodies of the counties and municipalities totally or partially within the area of the proposed facility;

(4) Publish a notice of the time, place, and purpose of the public hearing in at least one newspaper of general circulation in counties totally or partially within the area of the proposed facility; and

~~(5) File a copy of the application with the auditor of the county or counties in which the proposed facility will be constructed~~.

Section 7. That § 49-41B-16 be amended to read:

49-41B-16. ~~Within thirty days after public notice is given, the Public Utilities Commission~~ The commission shall hold any public ~~hearings~~ input meeting as close as ~~practicable~~ practical to the proposed facility. The commission shall publish a notice of the time, place, and purpose

of any public input meeting three times in at least one newspaper of general circulation in any county totally or partially within the area of the proposed facility.

Section 8. That § 49-41B-17 be amended to read:

49-41B-17. The parties to a proceeding under this chapter unless otherwise provided include:

(1) The ~~Public Utilities Commission and applicant~~ commission staff;

(2) The applicant;

(3) Each municipality, county and governmental agency in the area where the facility is proposed to be sited, if timely application therefore is made as determined by the commission pursuant to rule; and

~~(3)~~(4) Any person residing in the area where the facility is proposed to be sited, any nonprofit organization, formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interests, represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be sited or any directly interested person, if timely application therefore is made as determined by the commission pursuant to rule. ~~A statement filed by a party to a permit proceeding shall become part of the record and shall be available to the public.~~ An application for party status in a proceeding under this chapter must contain a detailed statement of the interests and reasons prompting the application.

Section 9. That § 49-41B-22 be amended to read:

49-41B-22. The applicant has the burden of proof to establish by a preponderance of the evidence that:

(1) The proposed facility will comply with all applicable laws and rules;

(2) The facility will not pose a threat of serious injury to the environment nor to the social and economic condition of inhabitants or expected inhabitants in the siting area. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is determined not to threaten the social and economic condition of inhabitants or expected inhabitants in the siting area;

(3) The facility will not substantially impair the health, safety or welfare of the inhabitants; and

(4) The facility will not unduly interfere with the orderly development of the region with due consideration having been given the views of governing bodies of affected local units of government. An applicant for an electric transmission line, a solar energy facility, or a wind energy facility that holds a conditional use permit from the applicable local units of government is in compliance with this subdivision.

Section 10. That § 49-41B-25 be amended to read:

49-41B-25. Within ~~six~~ nine months of receipt of the initial application for a permit for the construction of a wind energy facility or solar energy facility, the commission shall make

complete findings, and render a decision, regarding whether a permit should be granted, denied, or granted upon such terms, conditions, or modifications of the construction, operation, or maintenance as the commission ~~deems~~ determines are appropriate. In ~~its~~ the decision, the commission ~~must~~ shall find that the construction of the facility meets all requirements of this chapter. Notice of the commission's decision shall be given to the applicant and to parties to the hearing within ten days following the decision.

Section 11. That chapter 49-41B be amended by adding a NEW SECTION to read:

Upon request of the applicant, the commission may extend the deadlines for commission action established in §§ 49-41B-24 and 49-41B-25.

Section 12. That chapter 49-41B be amended by adding a NEW SECTION to read:

The commission shall accept public comments on all applications filed under this chapter. Comments may be collected and forwarded to the commission on behalf of the commentators. The commission shall publish on the commission's website all comments that are accepted pursuant to this section, and may publish substantially similar comments by publishing one of the comments and attributing the content of the comment to a number of persons."

15cta

On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "define solar energy facilities and to establish certain provisions regarding solar energy permits.".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of Matt Judson of Hughes County, Pierre, South Dakota, to the Board of Economic Development 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 Commerce and Energy respectfully reports that it has had under consideration the nomination of Jason C. Ahrendt of Lincoln County, Sioux Falls, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of William Shorma of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment, and that said reappointment be placed on the consent calendar

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 94 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Jim Stalzer, Chair

MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1159 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1242 and returns the same with the recommendation that said bill be amended as follows:

1242jb

On page 5, after line 12 of the House Agriculture and Natural Resources Committee engrossed bill, insert:

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

1242jta

On page 1, line 1, of the House Agriculture and Natural Resources Committee engrossed bill, after "predator" insert "and to declare an emergency".

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Robert Whitmyre of Day County, Webster, South Dakota, to the Game, Fish and Parks Commission 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 159 which was tabled.

Also MR. PRESIDENT:

The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 183 which was deferred to the 41^st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration SCR 11 and returns the same with the recommendation that said resolution be amended as follows:

c11wa

On page 1, line 15, of the printed resolution, delete "Medal of Honor recipient" and insert "identifiable veteran".

C11wta

On page 1, line 2, of the printed resolution, delete "Medal of Honor recipient" and insert "identifiable veteran".

And that as so amended said resolution do pass.

Also MR. PRESIDENT:

The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration SB 9 and returns the same with the recommendation that said bill be amended as follows:

9wa

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

" Section 1. That § 1-26-6.10 be amended to read:

1-26-6.10. No ~~state agency may adopt or promulgate any rule that restricts~~ department, agency, institution, board, commission, or other entity of state government may restrict or prohibit by any rule, policy, standard, or other directive any person's right or privilege to carry or possess a pistol ~~in contravention to authority being exercised in accordance with being licensed to carry a concealed pistol pursuant to chapter 23-7~~ concealed. Any resident of this state may bring a declaratory judgment action in accordance with chapter 21-24 in any circuit court to enforce this section. "

9wta

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

And that as so amended said bill do pass.

Respectfully submitted,
Stace Nelson, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to transmit herewith HB 1118 which has passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

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

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 8: A CONCURRENT RESOLUTION, Requesting Congress to lawfully change the Medicaid eligibility requirements to give states the option to provide Medicaid services to persons in jail pending disposition.

Was read the second time.

Sen. Steinhauer moved that SCR 8 as found on page 345 of the Senate Journal be adopted.

The question being on Sen. Steinhauer's motion that SCR 8 be adopted.

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; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

Excused:
Rusch

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 8 was adopted.

Yesterday, Sen. Novstrup announced his intention to reconsider the vote by which SB 65 lost.

Sen. Novstrup moved that the Senate do now reconsider the vote by which SB 65 lost.

The question being on Sen. Novstrup's motion to reconsider the vote by which SB 65 lost.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Blare; Bolin; Ewing; Greenfield (Brock); Klumb; Kolbeck; Maher; Monroe; Nelson; Novstrup; Russell; Schoenbeck; Smith (VJ); Steinhauer; Wismer; Youngberg

Nays:
Cammack; Cronin; Curd; DiSanto; Foster; Heinert; Jensen (Phil); Kennedy; Langer; Nesiba; Otten (Ernie); Partridge; Soholt; Solano; Stalzer; Sutton; White; Wiik

Excused:
Rusch

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

Yesterday, Sen. Novstrup announced his intention to reconsider the vote by which SB 67 lost.

Sen. Novstrup moved that the Senate do now reconsider the vote by which SB 67 lost.

The question being on Sen. Novstrup's motion to reconsider the vote by which SB 67 lost.

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Blare; Cammack; Curd; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Monroe; Nelson; Novstrup; Russell; Schoenbeck; Smith (VJ); Stalzer; Steinhauer; Wismer

Nays:
Bolin; Cronin; Foster; Heinert; Kennedy; Langer; Nesiba; Otten (Ernie); Partridge; Soholt; Solano; Sutton; White; Wiik; Youngberg

Excused:
Rusch

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 67 was up for reconsideration and final passage.

SB 67: FOR AN ACT ENTITLED, An Act to revise provisions regarding commitment of a child adjudicated as delinquent.

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

67wb

Sen. Novstrup moved that SB 67 be amended as follows:

On page 2, line 20, of the Senate Judiciary Committee engrossed bill, overstrike "or".

On page 2, line 21, overstrike "only".

On page 3, line 8, delete everything after "person" and insert "; or".

On page 3, delete lines 9 to 11, inclusive, and insert:

(11) The court may only commit the child to the Department of Corrections for placement in a foster home, group home, group care center, residential treatment center, or other community-based services, if those community-based services were not provided prior to commitment, pursuant to chapter 26-11A, if the judge finds that:

(a) No viable alternative exists;

(b) The Department of Corrections is the least restrictive alternative; and

(c) From evidence presented at the dispositional hearing or from the pre-dispositional report that the child is currently on probation, that probation has been unsuccessful, and that no other appropriate services are available in the child's community.".

Which motion lost.

The question being “Shall SB 67 pass as amended?”

And the roll being called:

Yeas 15, Nays 19, Excused 1, Absent 0

Yeas:
Blare; Curd; Ewing; Greenfield (Brock); Klumb; Maher; Monroe; Nelson; Novstrup; Russell; Schoenbeck; Smith (VJ); Stalzer; Steinhauer; Wismer

Nays:
Bolin; Cammack; Cronin; DiSanto; Foster; Heinert; Jensen (Phil); Kennedy; Kolbeck; Langer; Nesiba; Otten (Ernie); Partridge; Soholt; Solano; Sutton; White; Wiik; Youngberg

Excused:
Rusch

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

HCR 1004: A CONCURRENT RESOLUTION, Strengthening the sister-state ties between the State of South Dakota and Taiwan; supporting the signing of a Bilateral Trade Agreement (BTA) between Taiwan and the United States; and reaffirming support for increasing Taiwan's international profile.

Was read the first time. The President Pro Tempore waived the referral to committee, and placed HCR 1004 on the calendar of Friday, February 22^nd, the 28^th legislative day.

Sen. Langer moved that when we adjourn today, we adjourn to convene at 12:45 p.m. on Friday, February 22^nd, the 28^th legislative day.

Which motion prevailed.

Sen. Langer moved that SB 182 and SJR 5 be deferred to Monday, February 25^th,
the 29^th legislative day.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

Senate Committee on Appropriations on SB 179 as found on page 413 of the Senate Journal; also

Senate Committee on Appropriations on SB 181 as found on page 413 of the Senate Journal; also

Local Government on SB 187 as found on page 414 of the Senate Journal; also

State Affairs on SR 3 as found on page 425 of the Senate Journal be adopted.

Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1118: FOR AN ACT ENTITLED, An Act to revise provisions regarding excise taxes on the purchase price of motor vehicles.

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

SECOND READING OF CONSENT CALENDAR ITEMS

Sen. Foster requested that HB 1067 be removed from the Consent Calendar.

SB 98: FOR AN ACT ENTITLED, An Act to repeal the sunset of a wine manufacturer license.

HB 1143: FOR AN ACT ENTITLED, An Act to revise provisions regarding contribution limits to political action committees.

HB 1128: FOR AN ACT ENTITLED, An Act to revise provisions regarding the maximum term of promissory notes issued to municipalities.

Were read the second time.

The question being “Shall SB 98 and HB 1128 pass as amended and HB 1143 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rusch

So the bills having received an affirmative vote of a majority of the members-elect, the President declared the bills passed and the titles were agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 123: FOR AN ACT ENTITLED, An Act to provide for the adoption of privacy protection policies.

Was read the second time.

123jb

Sen. Russell moved that SB 123 be amended as follows:

On page 1, line 5, of the Senate Commerce and Energy Committee engrossed bill, delete "person provide the person's" and insert "volunteer provide the volunteer's".

On page 1, line 11, delete everything after "all" and insert "volunteers; and".

On page 1, delete lines 12 to 14, inclusive.

On page 1, line 15, delete "(4)" and insert "(2)".

Which motion prevailed.

The question being “Shall SB 123 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rusch

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

SB 120: FOR AN ACT ENTITLED, An Act to modify the time period allowable for certain covenants not to compete.

Was read the second time.

The question being “Shall SB 120 pass as amended?”

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Curd; Foster; Greenfield (Brock); Klumb; Maher; Nelson; Nesiba; Otten (Ernie); Partridge; Russell; Schoenbeck; Soholt; Stalzer; Sutton; Wiik; Wismer

Nays:
Blare; Bolin; Cammack; Cronin; DiSanto; Ewing; Heinert; Jensen (Phil); Kennedy; Kolbeck; Langer; Monroe; Novstrup; Smith (VJ); Solano; Steinhauer; White; Youngberg

Excused:
Rusch

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

SB 117: FOR AN ACT ENTITLED, An Act to authorize Spanish to be used in the process of issuing certain driver licenses and permits.

Was read the second time.

The question being “Shall SB 117 pass as amended?”

And the roll being called:

Yeas 19, Nays 15, Excused 1, Absent 0

Yeas:
Blare; Bolin; Cronin; Curd; Foster; Greenfield (Brock); Heinert; Kennedy; Kolbeck; Langer; Nesiba; Novstrup; Smith (VJ); Soholt; Solano; Steinhauer; White; Wismer; Youngberg

Nays:
Cammack; DiSanto; Ewing; Jensen (Phil); Klumb; Maher; Monroe; Nelson; Otten (Ernie); Partridge; Russell; Schoenbeck; Stalzer; Sutton; Wiik

Excused:
Rusch

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 1082: FOR AN ACT ENTITLED, An Act to to revise certain provisions regarding scrap metal purchases.

Was read the second time.

The question being “Shall HB 1082 pass?”

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

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

Nays:
Monroe

Excused:
Rusch

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 1198: FOR AN ACT ENTITLED, An Act to define activities that constitute human trafficking.

Was read the second time.

The question being “Shall HB 1198 pass as amended?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rusch

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 1056: FOR AN ACT ENTITLED, An Act to prohibit certain local ordinances regarding firearms.

Was read the second time.

The question being “Shall HB 1056 pass as amended?”

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

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

Nays:
Kennedy; Nesiba; Wismer

Excused:
Rusch

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 1088: FOR AN ACT ENTITLED, An Act to prohibit the use of certain electronic devices while driving.

Was read the second time.

The question being “Shall HB 1088 pass?”

And the roll being called:

Yeas 17, Nays 17, Excused 1, Absent 0

Yeas:
Blare; Bolin; Curd; Ewing; Foster; Heinert; Kennedy; Nesiba; Novstrup; Otten (Ernie); Smith (VJ); Soholt; Solano; Steinhauer; White; Wismer; Youngberg

Nays:
Cammack; Cronin; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Partridge; Russell; Schoenbeck; Stalzer; Sutton; Wiik

Excused:
Rusch

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

Sen. Soholt announced her intention to reconsider the vote by which HB 1088 lost.

HB 1257: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military to construct two storage buildings, to make an appropriation therefor, and to declare an emergency.

Was read the second time.

The question being “Shall HB 1257 pass?”

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Rusch

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 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the veteran's bonus program and to declare an emergency.

Was read the second time.

The question being “Shall HB 1260 pass?”

And the roll being called:

Yeas 32, Nays 0, Excused 3, Absent 0

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

Excused:
Heinert; Rusch; Soholt

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 1263: FOR AN ACT ENTITLED, An Act to revise the appropriation for the construction of a National Guard Readiness Center at the Rapid City Airport and to declare an emergency.

Was read the second time.

The question being “Shall HB 1263 pass?”

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

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

Excused:
Heinert; Rusch

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.

Sen. Schoenbeck moved that the Senate do now adjourn, which motion prevailed and at 4:43 p.m. the Senate adjourned.

Kay Johnson, Secretary