JOURNAL OF THE SENATE

NINETY-FOURTH SESSION



EIGHTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 6, 2019

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

    The prayer was offered by the Chaplain, Fr. Joe Holzhauser, followed by the Pledge of Allegiance led by Senate pages Kaelyn Somsen and Denim Varland.

    Roll Call: All members present except Sen. Otten 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 seventeenth 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

February 6, 2019

Dear Mr. President and Members of the Senate,

I respectfully return to you Senate Bill 14, with my VETO.

Senate Bill 14 is an Act to define solar energy facilities and to establish certain provisions regarding solar energy permits.

This bill creates unacceptable ambiguity and confusion over the Public Utilities Commission's authority. Even though the Legislature has expressly prohibited the Commission from mandating the specific location of an energy facility, as we conducted a detailed legal review of the enrolled bill, it became apparent poor drafting in this bill gives the Commission that authority for solar energy projects. Previous legislative changes in 2005 and 2006 added definitions of “wind energy facility” and “AC/DC conversion facility” to SDCL 49-41B-36, avoiding this ambiguity. The commission should not be in the business of picking locations for solar projects, but the enrolled version of this bill permits it. I do not believe this was the Legislature's intent.

I also question the need for additional PUC regulation of solar generating stations. These facilities are already covered under the more generic definition of an “energy conversion facility,” in the Code. I am very concerned by a number of bills this session that increase state regulation of renewable energy projects without appearing to have a tailored connection to protecting public interest. The renewable energy industry, just as any other, should be subject to only as much regulation as is necessary to promote the public interest and preserve our environment while making South Dakota an attractive place to do business.

Senate Bill 14, as well as several other Commission-authored bills regulating the renewable energy industry, were introduced without meaningful consultation with industry or other opportunity for comment ahead of time. I believe strongly government's exercise of regulatory power must be transparent and subject to meaningful debate. Our focus should be on finding common ground between regulators and industry, making for stronger outcomes and preserving our state's reputation as a premier place to do business. There is no reason why the Commission couldn't work with industry and other stakeholders to find a compromise solution to this issue and others.

As a state, we have been blessed with significant wind and solar resources. We should continue to benefit greatly from billions of dollars in completed and planned investments. The renewable energy industry has already invested heavily in South Dakota, and continued investment depends on common sense, transparent, and customized regulation. I do not believe Senate Bill 14 or the process that led to its introduction meets these basic standards.

For these reasons, I oppose this bill and ask that you sustain my veto.

Kristi Noem
Governor

February 6, 2019

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 5, 2019, I approved Senate Bills 5, 11, 20, 21, and 35, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Kristi Noem
Governor


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration
SB 107 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 67 and returns the same with the recommendation that said bill be amended as follows:

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

"    Section 1. That § 26-8C-7 be amended to read:

    26-8C-7. If a child has been adjudicated as a delinquent child, the court shall enter a decree of disposition according to the least restrictive alternative available in keeping with the best interests of the child. The decree shall contain one or more of the following:

            (1)    The court may require the child to pay restitution, as defined in subdivision 23A-28-2(4) and under conditions set by the court, if payment can be enforced without serious hardship or injustice to the child;

            (2)    The court may impose a fine not to exceed one thousand dollars;
            (3)    The court may place the child on probation under the supervision of a court services officer or another designated individual pursuant to § 26-8C-14;

            (4)    The court may require a child as a condition of probation to participate in a supervised community service program, if the child is not deprived of the schooling that is appropriate for the child's age, needs, and specific rehabilitative goals. The supervised community service program shall be of a constructive nature designed to promote rehabilitation, appropriate to the age level and physical ability of the child, and shall be combined with counseling by the court services officer or other guidance personnel. The supervised community service program assignment shall be made for a period of time consistent with the child's best interests, but for not more than ninety days;

            (5)    The court may place the child at the Human Services Center for examination and treatment;

            (6)    The court may place the child in a detention facility for not more than ninety days, which may be in addition to any period of temporary custody;

            (7)    The court may place the child in an alternative educational program;

            (8)    The court may order the suspension or revocation of the child's right to apply for a driving privilege, suspend or revoke an existing driving privilege, or restrict the privilege in such manner as it sees fit, including requiring that financial responsibility be proved and maintained;

            (9)    The court may assess or charge costs and fees permitted by §§ 16-2-41, 23-3-52, 23A-27-26, 23A-28B-42, and 23A-27-27 against the child, parent, guardian, custodian, or other party responsible for the child; or

            (10)    The court may only commit a child to the Department of Corrections if the judge finds that:

            (a)    No viable alternative exists;
            (b)    The Department of Corrections is the least restrictive alternative; and
            (c)    The child is currently adjudicated delinquent for an offense eligible for transfer proceedings pursuant to § 26-11-3.1; the child is currently adjudicated delinquent for a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22-24B-1, felony sexual registry offense pursuant to chapter 22-24B, or burglary in the second degree pursuant to § 22-32-3; or the court finds from evidence presented at the dispositional hearing or from the pre-dispositional report that the youth presents a significant risk of physical harm to another person; or the court finds 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.

    Any finding made pursuant to this section shall be made in the written decree. "
    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Judiciary respectfully reports that it has had under consideration HB 1046 and returns the same with the recommendation that said bill be referred to the Senate Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration
SCR 7 and returns the same with the recommendation that said resolution be amended as follows:

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    On page 2, line 15, of the printed resolution, delete "Health" and insert "Social Services".

    On page 2, line 19, after "community" insert ", including a sheriff and a state's attorney".

    On page 2, line 22, after "Commissioners" insert ", including a county commissioner".

    And that as so amended said resolution be referred to the Senate Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration
SB 185 which was tabled.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration
SB 144 and 150 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Lance Russell, Chair

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 92 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 SJR 2 and returns the same with the recommendation that said resolution be amended as follows:

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    On page 2, line 14, of the printed resolution, remove the overstrikes from "SDCL 42-".

    On page 2, remove the overstrikes from lines 15 and 16.

    On page 2, line 17, remove the overstrikes from everything before "Further" .

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    On page 2, line 20, of the printed resolution, delete ", adjusted annually for inflation,".

    And that as so amended said resolution do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration
SB 91 and returns the same with the recommendation that said bill be amended as follows:

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    On page 2, line 1, of the printed bill, after "South Dakota." insert "The term, state, does not include the Legislature.".

    On page 2, line 14, delete every thing after "one" and insert "political subdivision or public body if its members".

    On page 2, line 15, delete everything after "another" and insert "political subdivision or public body".

    On page 2, line 16, delete everything after "1-25-1.1" and insert "or 1-25-1.3 have been met. It is not an official meeting of a public body if its members attend a press conference called by a representative of the public body.".

    On page 2, delete line 17.

    On page 2, line 21, after "1-25-1.1" insert "or 1-25-1.3 and shall contain, at a minimum, the date, time, and location of the event".
    On page 3, line 13, delete everything after "." and insert "At a minimum, public comment shall be allowed at regularly".

    On page 5, line 15, overstrike everything after "include" .

    On page 5, line 16, overstrike "nor".

    And that as so amended 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 SJR 3 and SB 108 and 109 which were deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair

MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1010 and 1011 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Retirement Laws respectfully reports that it has had under consideration HB 1045 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 Retirement Laws respectfully reports that it has had under consideration SB 42 which was tabled.

Respectfully submitted,
Jim White, Chair

MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 117 and returns the same with the recommendation that said bill be amended as follows:

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    On page 1, line 9, of the printed bill, before "examination" insert "written".

    On page 2, line 12, delete "or conduct" and insert "and conduct written".

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    On page 1, line 1, of the printed bill, delete "other languages" and insert "Spanish".

    And that as so amended said bill do pass.

Respectfully submitted,
Rocky Blare, Vice Chair

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1020 and 1052 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 Local Government respectfully reports that it has had under consideration SB 103 and returns the same with the recommendation that said bill be amended as follows:

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    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 twenty-five percent of any unobligated cash remaining into the local bridge improvement grant fund created by § 32-11-38;

            (3)    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. "


    And that as so amended said bill do pass.

Respectfully submitted,
Lynne DiSanto, Vice Chair

MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 4 and returns the same with the recommendation that said bill be amended as follows:

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

"    Section 1. That the code be amended by adding a NEW SECTION to read:

    The Department of Revenue, in conjunction with South Dakota State University, shall study the impact of changes to the methodology of rating soils for purposes of assessing agricultural land. The study shall be based on South Dakota State University's research initiated by the Agricultural Land Assessment Implementation and Oversight Advisory Task Force pursuant to chapter 106 of the 2016 Session Laws. The department shall select a representative sampling of counties to participate in the study and shall provide data, technical assistance, and any other information to the counties as necessary to analyze the impacts of any recommended changes to the soil ratings. The department shall present its findings to the Agricultural Land Assessment Implementation and Oversight Advisory Task Force on or before January 1, 2020."

    And that as so amended said bill do pass.

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 10 and 25 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 12, 23, 30, and 31 were delivered to her Excellency, the Governor, for her approval at 9:35 a.m., February 6, 2019.

Respectfully submitted,
Brock L. Greenfield, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith SB 10 and 25 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1022, 1035, 1055, 1059, 1068, 1072, 1076, 1077, 1092, 1110, 1124, and 1159 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk


FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The President declared that SB 81, 82, and 83 were withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1022: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the limitations on indemnification by the state.

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

    HB 1035: FOR AN ACT ENTITLED, An Act to rename the unemployment insurance program to the reemployment assistance program.

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

    HB 1055: FOR AN ACT ENTITLED, An Act to require parental notification and agreement before the institution of an order to withhold resuscitation from certain patients.

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

    HB 1059: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding vehicle dealer licensing.

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

    HB 1068: FOR AN ACT ENTITLED, An Act to authorize the Transportation Commission to promulgate rules to allow certain motor vehicles to follow another motor vehicle on a state highway more closely than otherwise permitted by law.

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

    HB 1072: FOR AN ACT ENTITLED, An Act to correct a definition in the Uniform Unsworn Domestic Declarations Act.

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

    HB 1076: FOR AN ACT ENTITLED, An Act to revise certain real estate licensee advertising restrictions and grant rule-making authority regarding real estate teams.

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

    HB 1077: FOR AN ACT ENTITLED, An Act to revise provisions regarding designation of a no maintenance highway.

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

    HB 1092: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance disclosure reports.

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

    HB 1110: FOR AN ACT ENTITLED, An Act to establish a penalty for certain persons who fail to file a birth certificate or who fail to provide the notice required for the filing of a death certificate.

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

    HB 1124: FOR AN ACT ENTITLED, An Act to require health care facilities that perform mammography to inform mammography patients on breast density.

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

    HB 1159: FOR AN ACT ENTITLED, An Act to repeal a provision that prohibits hunting mourning doves on public roads and highways.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 154: FOR AN ACT ENTITLED, An Act to authorize the production and transport of saltwater crustaceans.

    SB 63: FOR AN ACT ENTITLED, An Act to increase the penalty for a subsequent conviction for trespass to hunt, fish, or trap.

    SB 54: FOR AN ACT ENTITLED, An Act to regulate the use of care and maintenance funds by perpetual care cemeteries.

    HB 1024: FOR AN ACT ENTITLED, An Act to authorize certain species of game fish to be used as bait.

    Were read the second time.

    The question being “Shall SB 154, 63, and 54 and HB 1024 pass as amended?”

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

    Excused:
Heinert; Otten (Ernie)

    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 61: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding nursing facility closures.

    Was read the second time.

    The question being “Shall SB 61 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; Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg

    Excused:
Otten (Ernie)

    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 55: FOR AN ACT ENTITLED, An Act to allow the national motto of the United States to be displayed in public schools.

    Was read the second time.

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    Sen. Jensen (Phil) moved that SB 55 be amended as follows:

    On page 1, line 6, of the Senate Education Committee engrossed bill, delete "may" and insert "shall" in both spots.

    On page 1, after line 10, insert:

"

    Any public school teacher, administrator, or school board member is personally immune from any and all liability for any action taken in good faith in the discharge of his or her responsibilities under this section.".

    Which motion failed.


    The question being “Shall SB 55 pass as amended?”

    And the roll being called:

    Yeas 27, Nays 7, Excused 1, Absent 0

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

    Nays:
Cronin; Foster; Heinert; Kennedy; Nesiba; Schoenbeck; Wismer

    Excused:
Otten (Ernie)

    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 99: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding commercial security deposits.

    Was read the second time.

    The question being “Shall SB 99 pass?”

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

    Excused:
Otten (Ernie)

    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 84: FOR AN ACT ENTITLED, An Act to authorize the possession and administration of opioid antagonists by school district and nonpublic school personnel.

    Was read the second time.

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    Sen. Stalzer moved that SB 84 be amended as follows:

On page 2 of the Senate Health and Human Services Committee engrossed bill, delete lines 7 to 10, inclusive, and insert:

"

    No school district, administrator, school board member, school nurse, or designated school personnel possessing or making available opioid antagonists in accordance with state law, and no health care professional providing training in relation thereto, may be held liable for any injury or related damage that results from the administration of, the self-administration of, or the failure to administer an opioid antagonist, if such action or inaction constitutes, ordinary negligence. This immunity does not apply to an act or omission constituting gross, willful, or wanton negligence. The administration of an opioid antagonist does not constitute the practice of medicine. The immunity provided under this section is in addition to, and not in lieu of, any other immunity provided by law.".

    Which motion prevailed.

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    Sen. Nelson moved that SB 84 be amended as follows:

    On page 2, line 1, of the Senate Health and Human Services Committee engrossed bill, delete "overdoes" and insert "overdose".

    Which motion prevailed.

    The question being “Shall SB 84 pass as amended?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

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

    Excused:
Foster; Otten (Ernie)

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

    Was read the second time.

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    Sen. Nelson moved that SB 136 be amended as follows:

    On page 4, after line 17 of the Senate Health and Human Services Committee engrossed bill, insert:

"    Section 9. That the code be amended by adding a NEW SECTION to read:

    This Act does not apply to any medical abortion, as governed by chapter 34-23A.".

    Which motion failed.

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    Sen. Solano moved that SB 136 be amended as follows:

    On page 2, line 14, of the Senate Health and Human Services Committee engrossed bill, delete "accreditation" and insert "accredited".

    Which motion prevailed.

    The question being “Shall SB 136 pass as amended?”

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Bolin

    Excused:
Foster; Otten (Ernie)

    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 137: 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 second time.

    The question being “Shall SB 137 pass as amended?”

    And the roll being called:

    Yeas 29, Nays 4, Excused 2, Absent 0

    Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Heinert; Kennedy; Klumb; Langer; Maher; Monroe; Nesiba; Novstrup; Partridge; Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Sutton; White; Wiik; Wismer; Youngberg

    Nays:
Jensen (Phil); Kolbeck; Nelson; Steinhauer

    Excused:
Foster; Otten (Ernie)

    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 73: FOR AN ACT ENTITLED, An Act to revise qualifications for sanitary district trustees.

    Was read the second time.

    The question being “Shall SB 73 pass?”

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Foster; Otten (Ernie); Youngberg

    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 56: FOR AN ACT ENTITLED, An Act to revise certain provision regarding the regulation of fireworks.

    Was read the second time.

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    Sen. Greenfield (Brock) moved that SB 56 be amended as follows:

    On the Senate Commerce and Energy Committee engrossed bill, delete everything after the enacting clause and insert:

"    Section 1. That § 34-37-1 be amended to read:

    34-37-1. Terms used in this chapter mean:

            (1)    "Consumer fireworks," fireworks designed primarily to produce visible effects by combustion,; that must comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title 16--Commercial Practices, Part 1507) 16 C.F.R. Part 1507, effective January 1, 1998 2019, and that are enumerated in classified as 1.4G, UN0336 under the American Pyrotechnics Association Inc., Standard 87-1, April, 1993 2001 edition;

            (2)    "Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;

            (3)    "Public event," use of fireworks for commerce on public property or sponsored by a public entity;

            (4)    "Retailer," or "Retailer licensee," includes every any person engaged licensed under this chapter to engage in the business of making sales of fireworks at retail;
            (3)(5)    "Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;

            (4)(6)    "Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means whatsoever, for a consideration;

            (5)(7)    "Wholesaler," or "Wholesaler licensee," any person engaged licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.

    Section 2. That § 34-37-2 be amended to read:

    34-37-2. No A person may sell, hold for sale, or offer is guilty of a Class 2 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state unless such person has first obtained without a license as a wholesaler or retailer issued under this chapter.

    Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by it. Each the department. An application shall be accompanied by the required an application fee, which shall be of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license. A separate twenty-five dollar retailer's

    In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license is required for a fee of twenty-five dollars, for each sales period, as specified in § 34-37-10, during which a retailer may sell fireworks. Each An application for a twenty-five dollar retailer's the retailer sales license in any year must shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a twenty-five dollar retailer's retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The twenty-five dollar retailer's retailer sales license expires sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The retailer licensee shall at all times display the retailer sales license shall at all times be displayed at the retailer's place of business of the holder of the license.

    The Any funds received by the department under the provisions of this section shall be deposited in the state general fund.

    Section 3. That § 34-37-2.1 be amended to read:

    34-37-2.1. No A person under the age of eighteen years shall may not be licensed under this chapter and no licensee shall. A wholesaler or retailer may not employ or permit any individual person under the age of eighteen to sell, dispense, or offer for sale, within the State of South Dakota any permissible fireworks enumerated in this chapter.

    Section 4. That § 34-37-2.2 be amended to read:

    34-37-2.2. In addition to licenses available in any license required under § 34-37-2, two special retail licenses may be obtained for any sales to out-of-state residents. The first is a sixty-six day, a retailer licensee may obtain:

            (1)    An early season license to operate from the first day of May through the fifth day of July first to June twenty-sixth, with a required fee of one thousand dollars. The second option is a fifty-seven day; or

            (2)    A late season license to operate from the sixth day of July through the thirty-first day of sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars. The fifty-seven day special retail license also allows the retail sale of fireworks to residents and nonresidents during the period beginning December twenty-eighth and extending through January first, as provided in § 34-37-10. A

    A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of the South Dakota any law which that prohibits the discharge use of fireworks and a map of the Black Hills Forest Fire Protection District shall be provided with every with any sale of fireworks under a license granted pursuant to this section, except for sales, other than any sale occurring from the twenty-seventh day of June through the fifth day of twenty-seventh to July fifth.

    Section 5. That § 34-37-4 be amended to read:

    34-37-4. Except as provided in § 34-37-12, no a person shall possess, sell, offer for sale, bring into this state, or discharge is guilty of a Class 2 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than permissible consumer fireworks.

    Section 6. That § 34-37-6 be amended to read:

    34-37-6. Before any additional permissible fireworks not enumerated in under § 34-37-5 may be sold, held for sale, or offered for sale in this state, they the licensee shall be submitted submit the fireworks to the Department of Public Safety for examination to determine their compliance. For any fireworks submitted under this section that comply with 16 C.F.R. Title 16, Commercial Practices, Part 1507, effective January 1, 1998 2019, and the American Pyrotechnics Association Inc., Standard 87-1, 1993 2001 edition, the department shall authorize the fireworks for sale in this state.

    Section 7. That § 34-37-8 be amended to read:

    34-37-8. No A person who is guilty of a Class 2 misdemeanor if the person is not licensed as a wholesaler or retailer shall bring and transports any fireworks into this state. No for sale. A retailer shall may not sell any fireworks which that have not been purchased from a wholesaler licensed under the provisions of this chapter.

    Section 8. That § 34-37-10 be amended to read:

    34-37-10. No A person, firm, or corporation may offer fireworks for sale to individuals is guilty of a Class 2 misdemeanor if the person offers any fireworks for sale to any other person at retail except other than during the period beginning between June twenty-seventh and extending through July fifth and or during the period beginning between December twenty-eighth and extending through January first. Any person obtaining the special sixty-six day or the special fifty-seven day retail licenses

    A person who is issued a license under § 34-37-2.2 may sell fireworks to out-of-state residents for the periods of time designated in § 34-37-2.2. Retail sales A person who is issued a late season license under § 34-37-2.2 or a retailer license under § 34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth through to January first period may only be made by holders of a special fifty-seven day retail license established pursuant to § 34-37-2.2 and by holders of a retailer's license as provided in § 34-37-2. Retail sales are not permitted after.

    A retail licensee may not make any sale of fireworks between the hours of twelve a.m. or prior to and seven a.m. from the twenty-seventh day of June through the fifth day of July and from the twenty-eighth day of December through the first day of January.

    Section 9. That § 34-37-10.1 be amended to read:

    34-37-10.1. No retailer shall sell A person is guilty of a Class 2 misdemeanor if the person sells any fireworks from any a motor vehicle.

    Section 10. That § 34-37-10.2 be amended to read:

    34-37-10.2. If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy a the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of this section is a Class 2 misdemeanor.

    For the purposes of this section, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside without the use of a key or any special knowledge or effort.

    Section 11. That § 34-37-10.3 be amended to read:

    34-37-10.3. Signs must be prominently posted on all displays of fireworks offered for sale at retail, which shall read At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN TWENTY-FIVE FIFTY FEET." A person is guilty of a Class 2 misdemeanor if the person smokes within fifty feet of a location under this section.

    Section 12. That § 34-37-10.4 be amended to read:

    34-37-10.4. In all buildings or structures wherein At any location where consumer fireworks are being offered for sale the licensee shall have a sign prominently posted stating prominently

post a sign that states no fireworks can may be ignited or discharged used within one hundred fifty three hundred feet of the licensee's premises. A person is guilty of a Class 2 misdemeanor if the person ignites or uses any fireworks within three hundred feet of a location under this section.

    Section 13. That § 34-37-10.5 be amended to read:

    34-37-10.5. No licensee may have on the premises A person is guilty of a Class 2 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted. Each on the premises of a retail licensee. A retailer licensee shall in the conduct of the business of selling fireworks keep and maintain upon the retailer's premises a fire extinguisher bearing a rated capacity of at least 2-A.

    Section 14. That § 34-37-11 be amended to read:

    34-37-11. No person may sell or cause to be sold, discharge use, or cause to be discharged used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District, and no.

    No person may discharge use or cause to be discharged used, any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state.

    No person may sell or cause to be sold, discharge, use or cause to be discharged used, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks. However, the Department of Game, Fish and Parks may, by without written authorization, permit by the department permitting the discharge use of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the department is otherwise prohibited by statute law from providing the written authorization.

    Any A violation of this section which occurs on any land owned or leased by the Department of Game, Fish and Parks is a Class 2 misdemeanor. Any A second or subsequent violation of this Section section is a Class 1 misdemeanor.

    Section 15. That § 34-37-12 be amended to read:

    34-37-12. Nothing in this chapter shall prohibit licensed wholesalers or manufacturers prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, permissible fireworks to any person or entity outside of the State of South Dakota if the sale and transportation are this state, consistent with 18 U.S.C. § 836, effective on January 1, 1983. The 2019. Any delivery of such fireworks shall only may be made by a properly certified motor carrier as specified in chapter 49-28 or by licensed fireworks wholesalers or manufacturers in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks permit holders in vehicles owned or leased by them holder.

    Section 16. That § 34-37-12.1 be amended to read:

    34-37-12.1. Written A wholesaler licensee shall retain written evidence of the delivery of permissible fireworks to any person or entity outside of the State of South Dakota shall be retained by the wholesaler. Acceptable evidence includes this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a properly certified motor carrier if the purchaser is unlicensed.

    Section 17. That § 34-37-13 be amended to read:

    34-37-13. Nothing in this chapter prohibits the use of public display of display fireworks at a public or private event. However, any person, association, organization, municipality, county, firm, partnership, or corporation, before making such public display of A person using display fireworks at a public or private event shall secure obtain a written permit from the governing board body of the municipality, township, or county where the public display is to be fired, and shall have purchased fireworks for the display from a licensed wholesaler under this chapter. Any public display fireworks are to be used. Display fireworks may only be purchased from a wholesaler licensee. Use of display fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1123, 1995 2018 edition.

    Section 18. That chapter 34-37 be amended by adding a NEW SECTION to read:

    Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, or county where the consumer fireworks are to be used. Consumer fireworks may only be purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1124, 2006 edition.

    Section 19. That § 34-37-15 be amended to read:

    34-37-15. If a person For any licensee who is found guilty of violating any of the provisions of a second or subsequent violation under this chapter a subsequent time, such violation may constitute cause for revocation or suspension of the license held by that person and for refusal, the department may revoke or suspend the license and refuse to renew the license upon its expiration thereof.

    Section 20. That § 34-37-16 be amended to read:

    34-37-16. No A person shall possess is guilty of a Class 2 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5. If any person shall have in his possession possesses any fireworks in violation of said section § 34-37-5, a warrant may be issued for the seizure of such the fireworks, and such. Any fireworks seized under this section shall be safely kept stored to be used as evidence.

    Upon conviction of the offender, the any person charged under this section, any seized fireworks shall be destroyed, but if the offender is discharged, the. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person in whose possession they were found, provided, however, that nothing in this.

    This chapter shall does not apply to the transportation of fireworks by regulated carriers.

    Section 21. That § 34-37-16.1 be amended to read:

    34-37-16.1. Except as otherwise provided in this chapter, it is unlawful for a person to discharge fireworks in this state a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period beginning from June twenty-seventh and extending through the end of to the first Sunday after July fourth, and during the period beginning December twenty-eighth and extending through to January first. A violation of this section is a Class 2 misdemeanor.

    Section 22. That § 34-37-16.2 be amended to read:

    34-37-16.2. The provisions of § 34-37-16.1 §§ 34-37-2 and 34-37-16.1 do not apply to snakes and smoke:

            (1)    Smoke effects if they the smoke effects do not fly, travel, or explode, or to single-shot;

            (2)    Single-shot parachute pieces without a flare; or

            (3)    Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Association Standard 87-1, 2001 edition.

    Section 23. That § 34-37-17 be amended to read:

    34-37-17. The Department of Public Safety, together with all any law enforcement officers agency of the state and its or any political subdivisions, shall be charged with the enforcement of the provisions of subdivision of the state, shall enforce this chapter.

    Section 24. That § 34-37-5 be repealed.

    34-37-5. Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 1993 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission (C.F.R. Title 16--Commercial Practices Part 1507), effective January 1, 1998.

    Section 25. That § 34-37-10.6 be repealed.

    34-37-10.6. For the purposes of this chapter, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort.

    Section 26. That § 34-37-14 be repealed.

    34-37-14. Except where a punishment is specifically provided, a violation of the provisions of this chapter is a Class 1 misdemeanor.


    Section 27. Whereas, this Act is necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval."

    Which motion prevailed.

    The question being “Shall SB 56 pass as amended?”

    And the roll being called:

    Yeas 31, Nays 0, Excused 4, Absent 0

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

    Excused:
Cronin; Foster; Otten (Ernie); Youngberg

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

    The question being on the title.

56wta

    Sen. Greenfield (Brock) moved that the title to SB 56 be amended as follows:

    On page 1, line 2, of the Senate Commerce and Energy Committee engrossed bill, after "fireworks" insert "and to declare an emergency".

    Which motion prevailed and the title was so amended.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

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

    Was read the second time.

    The question being “Shall HB 1033 pass?”


    And the roll being called:

    Yeas 30, Nays 1, Excused 4, Absent 0

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

    Nays:
Wismer

    Excused:
Cronin; Foster; Otten (Ernie); Youngberg

    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. 10.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The President declared that SB 111 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SIGNING OF BILLS

    The President publicly read the title to

    SB 10: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

    SB 25: FOR AN ACT ENTITLED, An Act to revise the authority of Department of Revenue special agents.

    HB 1037: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a regional sports complex at Northern State University and to make an appropriation therefor.

    And signed the same in the presence of the Senate.

    Sen. Russell moved that the Senate do now adjourn, which motion prevailed and at
3:48 p.m. the Senate adjourned.

Kay Johnson, Secretary