JOURNAL OF THE SENATE

NINETY-THIRD SESSION



FIFTEENTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 1, 2018

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

    The prayer was offered by the Chaplain, Rev. Emily Munger, followed by the Pledge of Allegiance led by Senate pages Santanya Matucha and Nathan Linke.

    Roll Call: All members present.

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 fourteenth 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

January 10, 2018

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

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed Mary Anne Boyd, Yankton County, Yankton, South Dakota, to the Game, Fish and Parks Commission.

    This appointment is effective January 10, 2018, and shall continue until January 10, 2022.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Agriculture and Natural Resources.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of James Thares of Brown County, Aberdeen, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration the nomination of Joan Wink of Meade County, Howes, South Dakota, to the State Board of Regents and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment, and that said appointment be placed on the consent calendar.

Respectfully submitted,
Jim Bolin, Chair
Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 168 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 140 and returns the same with the recommendation that said bill be amended as follows:

140ka

    On page 1, line 7, of the printed bill, delete everything after "custody," and insert "the order for custody shall reflect the degree of each parent's demonstrated participation in the child's life.".

    On page 1, delete line 8.

    On page 1, line 9, delete everything before "The" .

    On page 1, line 11, delete everything after "§ 25-4-45." and insert "If the order for".

    On page 1, line 12, after "custody" insert "results in less than a substantially equal parenting time".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 165 and returns the same with the recommendation that said bill be amended as follows:

165ka

    On page 1, line 5, of the printed bill, delete everything after "court" and insert "for parenting time shall have attached a copy of § 25-4A-5.".

    On page 1, delete lines 6 and 7.

    On page 1, line 9, delete everything after "parent" and insert "believes that the custodial parent has violated § 25-4A-5, the noncustodial parent".

    On page 1, delete line 10.

    On page 1, line 11, delete everything before "may" .
    On page 2, line 5, after "include" insert "The court may enter an order clarifying the rights and responsibilities of the parents and the court's order.".

    On page 2, line 19, delete "Modify" and insert "In the event of an aggravated violation or multiple violations, the court may modify".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 167 and returns the same with the recommendation that said bill be amended as follows:

167ka

    On page 1 of the printed bill, delete lines 4 to 14, inclusive.

    On page 2, delete lines 1 to 4, inclusive.

    On page 4, delete lines 13 to 24, inclusive.

    On page 5, delete lines 1 to 5, inclusive.

    And that as so amended said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 151 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 121 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 31 and 47 and returns the same with the recommendation that said bills do pass.

Respectfully submitted,
David L. Anderson, Co-Chair
Larry Tidemann, Co-Chair

Also MR. PRESIDENT:

    The Committee on Military and Veterans Affairs respectfully reports that it has had under consideration HB 1009 and 1010 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 Military and Veterans Affairs respectfully reports that it has had under consideration SB 118 and returns the same with the recommendation that said bill be referred to the Joint Committee on Appropriations.

Also MR. PRESIDENT:

    The Committee on Military and Veterans 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:

91ca

    On page 1, line 8, of the printed bill, delete "Sioux Falls" and insert "Minnehaha County".

    On page 2, line 1, delete "fifty-six acres of" and insert "suitable".

    And that as so amended said bill be referred to the Joint Committee on Appropriations.

Respectfully submitted,
Jeffrey D. Partridge, Chair

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 156 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 SB 137 and returns the same with the recommendation that said bill be amended as follows:

137fa

    On page 1, line 13, of the printed bill, delete "and direct supervision" and insert "and, direct supervision, and responsibility".

    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 Bart Blum of Lyman County, Reliance, South Dakota, to the State Brand Board 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 Agriculture and Natural Resources respectfully reports that it has had under consideration the nomination of Myron Williams of Pennington, County, Wall, South Dakota, to the State Brand Board 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 Agriculture and Natural Resources respectfully reports that it has had under consideration SB 157 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 21, 26, 32, 39, 52, 56, 60, 75, and 88 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 18 and 57 were delivered to his Excellency, the Governor, for his approval at 10:25 a.m., February 1, 2018.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 21, 26, 32, 39, 52, 56, 60, 75, and 88 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1099, 1107, 1113, 1115, 1116, 1117, 1131, and 1143 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 8: A CONCURRENT RESOLUTION, Requesting federal natural resource agencies to refrain from designating wilderness areas in South Dakota without approval of the Legislature.

    Was read the second time.

    Sen. Russell moved that SCR 8 as found on page 288 of the Senate Journal be adopted.

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

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0

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

    Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba

    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.

    HCR 1003: A CONCURRENT RESOLUTION, Promoting a resilient and healthy Black Hills forest through endorsement of the forest management principles identified in "Black Hills Resilient Forest Strategy" published December 2017.

    Was read the second time.

    Sen. Ewing moved that the Senate do concur in HCR 1003 as found on page 111 of the House Journal.

    The question being on Sen. Ewing's motion that HCR 1003 be concurred in.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1003 was concurred in.


    SCR 10 Introduced by: Senator Sutton and Representative Ahlers

        A CONCURRENT RESOLUTION, Recognizing the need for and urging support for early childhood education in South Dakota.

    WHEREAS, substantial development occurs in the first five years of a child's life and intervention in those critical years can result in productive societal contributions; and

    WHEREAS, South Dakota is one of only seven states that does not invest state funds in preschool education; and

    WHEREAS, South Dakota and other states that do not invest in preschool programs have fallen behind in opportunities to develop a more robust workforce as early childhood education can boost a child's earnings later in life; and

    WHEREAS, research suggests early childhood education and development programs have an average return on investment of seven to ten dollars for every dollar spent; and

    WHEREAS, early childhood education investments result in more efficient public schools and reduce the expense of grade retention, special education, and incarceration:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature hereby recognizes the need for and urges support for early childhood education.

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

    SCR 11 Introduced by: Senators Soholt, Cronin, Frerichs, Langer, Solano, and Youngberg and Representatives Hunhoff, Ahlers, Diedrich, Duvall, Kettwig, and Schoenfish

        A CONCURRENT RESOLUTION, Expressing support for access to patient-centered and family focused advance care planning.

    WHEREAS, advance care planning is an approach that includes palliative care and care coordination with a patient and family focus and an emphasis on maximizing health and well-being; and

    WHEREAS, palliative care administered throughout the continuum of illness involves addressing physical, emotional, social, and spiritual needs and facilitating patient autonomy and access to information; and

    WHEREAS, all patients should be offered advance care planning and patients who are experiencing complex, chronic conditions that are affecting their health and well-being should also be offered palliative care as an option; and

    WHEREAS, advance care planning can be executed by any competent person and expresses a person's preferences regarding future treatment; and

    WHEREAS, Provider Orders for Scope of Treatment (POST) is one tool to use along the continuum of advance care planning, translating a patient's goals and wishes for treatment into an actionable medical order when life-limiting disease and irreversible conditions are present; and

    WHEREAS, POST is completed in the context of advance care planning in a manner that allows both the provider and the patient to participate in the healing process; and

    WHEREAS, there is a responsibility to ensure the public is educated regarding the importance of advance care planning; and

    WHEREAS, South Dakotans are increasingly facing new caregiving roles for loved ones with serious illness; and

    WHEREAS, educating South Dakotans regarding the benefits of advance care planning and palliative care optimizes the health and well-being of patients being treated by caregivers and our health care workforce:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature hereby recognizes the importance of advance care planning to patient health and well-being and encourages health professionals, patients, and state health stakeholders, including the members of the Legislature, to participate in discussions to develop solutions, tools, and model best practices for providing better patient-centered and family focused care to individuals; and

    BE IT FURTHER RESOLVED, that the secretary of the senate transmits a copy of this resolution to the Governor, the South Dakota Department of Health, the South Dakota Department of Human Services, and the South Dakota State Medical Association.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 11 on the calendar of Friday, February 2nd, the sixteenth legislative day.

    SCR 12 Introduced by: Senators Frerichs, Cronin, Langer, Novstrup, Tapio, and Wiik and Representatives Bartling, Chase, Dennert, and Lesmeister

        A CONCURRENT RESOLUTION, Urging the Environmental Protection Agency to update the Clean Air Act to allow mid-range ethanol blends in all standard automobiles.

    WHEREAS, Environmental Protection Agency (EPA) regulators plunder rural economies, including South Dakota, claiming E-30 and half E-85 blends are illegal to use in standard automobiles, locking corn ethanol out of what should be free enterprise gasoline octane markets; and

    WHEREAS, corn ethanol, free of EPA regulatory barriers, could triple in demand and immediately begin to revitalize rural America; and
    WHEREAS, with increased oxygen in mid-range blends of ethanol, including premium E-30, toxic benzene is nearly neutralized through dilution and more complete combustion, reducing all toxic emissions fifty to eighty percent compared to regular unleaded gasoline; and

    WHEREAS, premium E-30 is less expensive, delivers more power, results in cleaner engines, lowers maintenance costs, and delivers the same gas mileage, while supporting the South Dakota and United States economies, protecting the environment, and improving public health; and

    WHEREAS, the Glacial Lakes Energy's E-30 Challenge Study confirms these facts, as well as that E-30 is ethanol blends' optimum mixture; and

    WHEREAS, farmers and ethanol producers are the backbone of many rural economies in South Dakota; and

    WHEREAS, South Dakota has an opportunity to be a regional leader in the promotion of our homegrown premium fuel:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature affirms to all auto owners' the self-evident, constitutional right to choose premium E-30 fuel and urges the Environmental Protection Agency to update the Clean Air Act to allow mid-range ethanol blends in all standard automobiles.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 12 on the calendar of Friday, February 2nd, the fifteenth legislative day.

    SCR 13 Introduced by: Senators Tapio, Curd, Jensen (Phil), Maher, Novstrup, Wiik, and Youngberg and Representatives Kaiser, Campbell, Dennert, DiSanto, Frye-Mueller, Greenfield (Lana), Jensen (Kevin), and Latterell

        A CONCURRENT RESOLUTION, Recognizing the root cause of the global war on terror.

    WHEREAS, on September 11, 2001, America woke up to the reality of the global war on terror on our shores; and

    WHEREAS, America has spent over $6.5 trillion on the endless war on terror; and

    WHEREAS, over ten thousand Americans have lost their lives and over one million Americans have been injured in the global war on terror; and

    WHEREAS, tens of millions of Americans have been affected from the pain, suffering, and sacrifice of their loved ones; and

    WHEREAS, Americans deserve to know our military and their families' sacrifice of blood and treasure is for a noble purpose and their mission is clearly defined; and
    WHEREAS, the enemy terrorist organizations are fighting in the name of Islam, and they believe in the full implementation of Islamic law, known as Sharia law; and

    WHEREAS, the global war on terror is fought in primarily Muslim majority countries against Islamic fundamentalist terror organizations who subscribe to the full implementation of Islamic law, known as Sharia law; and

    WHEREAS, these Islamic terrorist organizations are known as the Islamic State of Iraq and Syria, (ISIS), Al Qaeda, Boko Haram, al-Shabaab, Hamas, Hezbollah, the Taliban, the Muslim Brotherhood, and by other names, and they have stated intentions of infiltrating the entire world with their ideology; and

    WHEREAS, many Muslim majority countries believe in the full implementation of Islamic law that subscribes to the belief that one should be killed for leaving Islam;

    WHEREAS, South Dakota values individual freedom, human rights, and freedom of speech and welcomes people of all races, colors, religions, creeds, sexes, and national origins to assimilate into American culture and society with all of the immigrants who have come before:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Third Legislature of the State of South Dakota, the House of Representatives concurring therein, that South Dakota petitions the Department of Homeland Security and the Federal Department of Justice to identify the root cause of the global war on terrorism in order to keep our cities and citizens safe.

    Was read the first time.

    Sen. Curd moved that HB 1045 be deferred to Monday, March 5th, the thirty-third legislative day.

    Which motion prevailed.

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 2nd, the sixteenth legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on SB 106 as found on page 284 of the Senate Journal; also

    State Affairs on SB 76 as found on page 285 of the Senate Journal be adopted.

    Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Scott Bollinger of Hughes County, Pierre, South Dakota, to the position of Commissioner of the Bureau of Administration.

    The question being "Does the Senate advise and consent to the executive appointment of Scott Bollinger pursuant to the executive message as found on page 30 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    The Senate proceeded to the consideration of the executive appointment of the Honorable Gene Paul Kean of Minnehaha County, Sioux Falls, South Dakota, to the Government Accountability Board.

    The question being "Does the Senate advise and consent to the executive appointment of the Honorable Gene Paul Kean pursuant to the executive message as found on page 32 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    The Senate proceeded to the consideration of the executive appointment of the Honorable David Gienapp of Lake County, Madison, South Dakota, to the Government Accountability Board.

    The question being "Does the Senate advise and consent to the executive appointment of the Honorable David Gienapp pursuant to the executive message as found on page 32 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0

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

    Nays:
Greenfield (Brock)

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

    The Senate proceeded to the consideration of the executive appointment of the Honorable Patricia C. Riepel of Minnehaha County, Sioux Falls, South Dakota, to the Government Accountability Board.

    The question being "Does the Senate advise and consent to the executive appointment of the Honorable Patricia C. Riepel pursuant to the executive message as found on page 33 of the Senate Journal?"


    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

    The Senate proceeded to the consideration of the executive appointment of Justice Lori Wilbur of Minnehaha County, Sioux Falls, South Dakota, to the Government Accountability Board.

    The question being "Does the Senate advise and consent to the executive appointment of Justice Lori Wilbur pursuant to the executive message as found on page 33 of the Senate Journal?"

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

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

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 192 Introduced by: Senators Sutton, Frerichs, Heinert, Kennedy, Killer, Nelson, Nesiba, and Russell and Representatives May, Ahlers, Bartling, Bordeaux, Frye-Mueller, Hawley, Howard, Kaiser, Lesmeister, Livermont, McCleerey, Peterson (Sue), Rasmussen, Ring, Smith, and Wismer

    FOR AN ACT ENTITLED, An Act to provide for the disclosure of certain documents and records of public officials.

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

    SB 193 Introduced by: Senators Russell and Nelson and Representatives Jensen (Kevin), Campbell, Goodwin, Livermont, and May

    FOR AN ACT ENTITLED, An Act to require certain local governmental units to cooperate with federal agencies and to provide a penalty therefor.

    Was read the first time.

    SB 194 Introduced by: Senators Greenfield (Brock), Cammack, Frerichs, Heinert, Sutton, Tidemann, and Wiik and Representatives Qualm, Hawley, Heinemann, Peterson (Kent), and Reed

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding registration fees of pesticide products and create the precision agriculture building fund.

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

    SB 195 Introduced by: Senators Nesiba, Frerichs, Heinert, Kennedy, and Killer and Representatives Ring, Bartling, Bordeaux, Hawley, Lesmeister, McCleerey, and Wismer

    FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the state procurement process for internet, data, and telecommunications services.

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

    SB 196 Introduced by: Senators Killer, Heinert, and Nelson and Representatives Bordeaux, Ahlers, Lesmeister, May, McCleerey, Schoenfish, Wismer, and Zikmund

    FOR AN ACT ENTITLED, An Act to remove the statute of limitations for bringing a civil action for certain cases of child sexual abuse.

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

    SB 197 Introduced by: Senators Killer, Frerichs, Heinert, Kennedy, Nelson, Nesiba, and Sutton and Representatives Bordeaux, Greenfield (Lana), Lesmeister, Livermont, May, McCleerey, Schoenfish, and Wismer

    FOR AN ACT ENTITLED, An Act to revise certain provisions on the protection of historic properties.

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

    SB 198 Introduced by: Senators Stalzer, Jensen (Phil), Monroe, Nelson, and Otten (Ernie) and Representatives Clark, Dennert, Frye-Mueller, and Peterson (Sue)

    FOR AN ACT ENTITLED, An Act to provide for the protection of free speech on the campuses of public institutions of higher education.

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

    SB 199 Introduced by: Senators White, Cronin, Haverly, Kennedy, Langer, Nesiba, Otten (Ernie), Peters, Soholt, and Solano and Representatives Bartels, Hawley, Jamison, Jensen (Kevin), Johnson, Lust, Otten (Herman), Pischke, Reed, Rounds, Tulson, Willadsen, Wismer, and Zikmund

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

    Was read the first time.

    SB 200 Introduced by: Senators Tapio, Curd, Greenfield (Brock), Jensen (Phil), Maher, Monroe, Nelson, Netherton, Novstrup, Russell, Stalzer, and Wiik and Representatives Dennert, Campbell, Frye-Mueller, Greenfield (Lana), Howard, Latterell, Pischke, and Zikmund

    FOR AN ACT ENTITLED, An Act to prohibit certain actions by the state regarding refugee resettlement.

    Was read the first time.

    SB 201 Introduced by: Senators Jensen (Phil), Monroe, Nelson, Russell, Stalzer, and Tapio and Representatives Campbell, DiSanto, Frye-Mueller, Greenfield (Lana), Latterell, Marty, May, and Pischke

    FOR AN ACT ENTITLED, An Act to prohibit certain persons and organizations from entering the campus of any public institution of higher education or postsecondary technical institute.

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

    SB 202 Introduced by: Senators Jensen (Phil) and Nelson and Representatives Brunner, DiSanto, Frye-Mueller, Goodwin, Gosch, Livermont, Marty, and Peterson (Sue)

    FOR AN ACT ENTITLED, An Act to require posting of certain notice on certain public restrooms.

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

    SB 203 Introduced by: Senator Greenfield (Brock) and Representative Greenfield (Lana)

    FOR AN ACT ENTITLED, An Act to accommodate legislation to provide for certain fireworks displays.

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

    SB 204 Introduced by: Senator Bolin and Representatives Holmes and Smith

    FOR AN ACT ENTITLED, An Act to create and designate Peter Norbeck Day as a working holiday.

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

    SB 205 Introduced by: Senators Youngberg, Cronin, Frerichs, Heinert, Kennedy, Killer, Maher, Nelson, Nesiba, Soholt, and Sutton and Representatives Lesmeister, Ahlers, Bartling, Bordeaux, Gosch, Hawley, Livermont, May, McCleerey, Ring, Smith, and Zikmund

    FOR AN ACT ENTITLED, An Act to authorize the production and sale of industrial hemp.

    Was read the first time.

    SB 206 Introduced by: Senators Curd, Cammack, Cronin, Ewing, Frerichs, Greenfield (Brock), Haverly, Heinert, Jensen (Phil), Kennedy, Killer, Klumb, Kolbeck, Langer, Maher, Monroe, Nelson, Nesiba, Netherton, Novstrup, Otten (Ernie), Partridge, Peters, Rusch, Soholt, Solano, Stalzer, Sutton, White, and Youngberg

    FOR AN ACT ENTITLED, An Act to revise certain provisions to authorize for the inclusion of legislators in the South Dakota Retirement System.

    Was read the first time.

    SB 207 Introduced by: Senator Stalzer and Representative Heinemann

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the practice of massage therapy.

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

    SB 208 Introduced by: Senators Langer, Curd, Greenfield (Brock), and Stalzer and Representatives Gosch, Beal, and Latterell

    FOR AN ACT ENTITLED, An Act to require voter registration information to be made available to the public by certain licensing agents.

    Was read the first time.

    SB 209 Introduced by: Senator Cronin and Representative Lake

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the Nutrient Research and Education Council.

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

    SB 210 Introduced by: Senators Frerichs and Youngberg and Representatives Ahlers, Bartling, Lesmeister, Mills, Peterson (Kent), and Qualm

    FOR AN ACT ENTITLED, An Act to transfer certain funds from the ethanol fuel fund to the ethanol infrastructure incentive fund.

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

    SB 211 Introduced by: Senator Frerichs and Representative Ahlers

    FOR AN ACT ENTITLED, An Act to create a Legislative Water Management Committee.

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

    SB 212 Introduced by: Senators Heinert, Frerichs, Kennedy, Killer, Maher, Nelson, Peters, Russell, and Sutton and Representatives Bordeaux, Ahlers, Bartling, Hawley, Lesmeister, Livermont, May, McCleerey, Ring, Schoenfish, Smith, and Wismer

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

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

    SB 213 Introduced by: Senator Heinert

    FOR AN ACT ENTITLED, An Act to revise certain education funding provisions.

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

    The President declared that SB 135 and SJR 8 were withdrawn at the request of the prime sponsors pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1099: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding dual education credit.

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

    HB 1107: FOR AN ACT ENTITLED, An Act to revise and repeal various provisions regarding the construction and maintenance of county and township highways and bridges.

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

    HB 1113: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the vehicles required to stop at a state weighing station.

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

    HB 1115: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding crop liens.

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


    HB 1116: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding special interest motor vehicle license plates.

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

    HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the licensing of historical motor vehicles.

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

    HB 1131: FOR AN ACT ENTITLED, An Act to authorize certain road district trustees and employees to receive compensation under a district contract.

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

    HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the tax exemption of certain school owned property.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of David R. Emery of Pennington County, Rapid City, South Dakota , to the South Dakota Ellsworth Development Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of David R. Emery pursuant to the executive message as found on page 52 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba


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

    The Senate proceeded to the consideration of the executive reappointment of Kurt E. Solay of Pennington County, Rapid City, South Dakota , to the South Dakota Ellsworth Development Authority.

    The question being "Does the Senate advise and consent to the executive reappointment of Kurt E. Solay pursuant to the executive message as found on page 52 of the Senate Journal?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

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

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 139: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to child support.

    Was read the second time.

    The question being "Shall SB 139 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

    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 114: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal and storage of abandoned vehicles.

    Was read the second time.

    The question being "Shall SB 114 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

    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 126: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal annual reports.

    Was read the second time.


    The question being "Shall SB 126 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

    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 147: FOR AN ACT ENTITLED, An Act to authorize local governing bodies to establish the per diem rate for housing and development commissions.

    Was read the second time.

    The question being "Shall SB 147 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

    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 1027: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the maximum number of apprentices in a salon.

    Was read the second time.

    The question being "Shall HB 1027 pass as amended?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

    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 SENATE BILLS AND JOINT RESOLUTIONS

    SB 119: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding the furnishing of fraudulent disability documentation when renting accommodations.

    Was read the second time.

    The question being "Shall SB 119 pass as amended?"

    And the roll being called:

    Yeas 32, Nays 1, Excused 2, Absent 0

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

    Nays:
Sutton

    Excused:
Nesiba; Russell

    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 revise certain provisions regarding public records.

    Was read the second time.

84wb

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

    On page 1, line 5, of the Senate Judiciary Committee engrossed bill, delete everything after "agreement" and insert "to settle a claim involving monetary damages or".

    On page 1, line 7, delete everything after the first "settlement" and insert "unless the record of the settlement agreement is exempt under § 1-27-1.5.".

    On page 1, delete lines 8 to 10, inclusive.

    On page 1, line 12, overstrike "and" and after "1-27-1.3" insert ", and section 1 of this Act".

    On page 6, delete lines 10 to 12, inclusive, and insert "

            (28)    Any record of investment or bankruptcy-related settlement agreements or litigation involving the South Dakota Investment Council or the South Dakota Retirement System, or both, unless either the settlement or litigation involves a finding of liability only on the part of the South Dakota Investment Council or the South Dakota Retirement System, or both.".

    Which motion prevailed.

    The question being "Shall SB 84 pass as amended?"

    And the roll being called:

    Yeas 21, Nays 13, Excused 1, Absent 0

    Yeas:
Bolin; Curd; Frerichs; Greenfield (Brock); Heinert; Jensen (Phil); Kennedy; Killer; Maher; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Rusch; Russell; Stalzer; Sutton; Tapio; Tidemann; White

    Nays:
Cammack; Cronin; Ewing; Haverly; Klumb; Kolbeck; Langer; Monroe; Peters; Soholt; Solano; Wiik; Youngberg

    Excused:
Nesiba


    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

    Sen. Curd moved that HB 1014 be deferred to Monday, February 5th, the seventeenth legislative day.

    Which motion prevailed.

    HB 1064: FOR AN ACT ENTITLED, An Act to expand the options for the beneficial disposition or use of certain real estate located in Minnehaha County, to make certain appropriations, and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1064 pass?"

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

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

    Nays:
Nelson; Russell

    Excused:
Nesiba

    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 1098: FOR AN ACT ENTITLED, An Act to make an appropriation from the water and environment fund and its revolving fund subfunds for various water and environmental purposes and to declare an emergency.

    Was read the second time.

    The question being "Shall HB 1098 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Nesiba

    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.

SIGNING OF BILLS

    The President publicly read the title to

    SB 21: FOR AN ACT ENTITLED, An Act to update references to certain federal motor carrier regulations.

    SB 26: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding public grain buyers.

    SB 32: FOR AN ACT ENTITLED, An Act to place certain substances on the controlled substances schedule and to declare an emergency.

    SB 39: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permitted improvements on school and public lands.

    SB 52: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to demolish a South Dakota State University building and to make an appropriation therefor.

    SB 56: FOR AN ACT ENTITLED, An Act to make an appropriation to fund tax refunds for elderly persons and persons with a disability, to revise the income eligibility requirements for property and sales tax refunds, and to declare an emergency.

    SB 60: FOR AN ACT ENTITLED, An Act to revise the administrative rule-making authority for the Department of Human Services.

    SB 75: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding the dispensing of biological products.

    SB 88: FOR AN ACT ENTITLED, An Act to revise certain provisions in regarding disinterment permits.

    HB 1003: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the content of the campaign finance disclosure reports and to declare an emergency.

    HB 1006: FOR AN ACT ENTITLED, An Act to revise the extent of comments required by the director of the Legislative Research Council regarding certain ballot measures and the period of time in which those comments are to be made.

    HB 1011: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voter registration list maintenance mailings.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding voting systems used in elections and to declare an emergency.

    HB 1015: FOR AN ACT ENTITLED, An Act to repeal the use of explosives, pyrotechnics, and fireworks for the protection of sunflower crops from depredating birds.

    HB 1019: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding background checks for physicians and to declare an emergency.

    HB 1020: FOR AN ACT ENTITLED, An Act to revise certain provisions and regulations regarding medical assistants.

    HB 1021: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the practice of podiatry and to authorize certain fee increases.

    HB 1030: FOR AN ACT ENTITLED, An Act to provide for the cancellation of certain uncollectible unemployment insurance contributions.

    HB 1035: FOR AN ACT ENTITLED, An Act to repeal certain provisions and regulations related to labeling requirements for feed.

    HB 1037: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the South Dakota State Fair.

    HB 1040: FOR AN ACT ENTITLED, An Act to provide for the licensing of a professional counselor, professional counselor-mental health, or marriage and family therapist licensed in another state under certain circumstances and to declare an emergency.

    HB 1041: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding insurers' internal audit requirements.

    HB 1046: FOR AN ACT ENTITLED, An Act to allow certain resident farmers or ranchers to receive a big game license during the Black Hills deer season.

    HB 1047: FOR AN ACT ENTITLED, An Act to revise certain provisions defining fur-bearing animals.

    HB 1069: FOR AN ACT ENTITLED, An Act to establish an unladen motor vehicle permit for certain proportionally registered commercial motor vehicles.

    And signed the same in the presence of the Senate.

    Sen. Nelson moved that the Senate do now adjourn, which motion prevailed and at 4:10 p.m. the Senate adjourned.

Kay Johnson, Secretary