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Senate Journal 2/22/2016 02:00 PM

JOURNAL OF THE SENATE

NINETY-FIRST SESSION




TWENTY-FIFTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Monday, February 22, 2016

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

    The prayer was offered by the Chaplain, Pastor Dan Bader, followed by the Pledge of Allegiance led by Senate pages Joanna Hancock and John Eilertson.

    Roll Call: All members present except Sen. Van Gerpen who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-fourth day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Gary Cammack, Chair

    Which motion prevailed.
    The oath of office was administered by the President to the following named persons:

    Pages _ Kallie Carey, John Eilertson, Joanna Hancock, Trey Jones, Kassidy Kitzmiller, Lynsey Klunder, Shale Kramme, Zachary Renshaw, Andrew Silva, Megan Simon, Joshua Weinheimer.

    Which was subscribed to and placed on file in the office of the Secretary of State.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 7, 12, 13, 15, 27, 28, 85, and 103 were delivered to his Excellency, the Governor, for his approval at 9:15 a.m., February 22, 2016.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1119 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration HB 1004 and 1071 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Bob Ewing, Chair

Also MR. PRESIDENT:

    The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 153 and returns the same with the recommendation that said bill do NOT pass.

Respectfully submitted,
Deb Peters, Chair

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 150 and returns the same with the recommendation that said bill be amended as follows:

150rc

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

"    Section 1. That chapter 2-9 be amended by adding a NEW SECTION to read:

    The Executive Board of the Legislative Research Council shall assign college student interns to the legislative branch of government. The Executive Board shall set the number of interns and divide the total number of interns between the political parties in each chamber in proportion to the party membership in each chamber as nearly as is practicable. The minority party in each house shall have a minimum of three interns.

    Section 2. That § 2-9-17 be repealed.

    2-9-17. The Executive Board of the Legislative Research Council shall assign college student interns to the legislative branch of government, one each, as follows: speaker of the House of Representatives, president pro tempore of the Senate, majority leader of the House of Representatives, majority leader of the Senate, minority leader of the House of Representatives, minority leader of the Senate, assistant majority leader of the House of Representatives, assistant majority leader of the Senate, assistant minority leader of the House of Representatives, and assistant minority leader of the Senate.

    Section 3. That § 2-9-18 be repealed.

    2-9-18. The Executive Board of the Legislative Research Council shall provide no more than four additional college student interns for the South Dakota Senate and no more than eight additional college student interns for the South Dakota House of Representatives.

    Section 4. That § 2-9-18.1 be repealed.

    2-9-18.1. The total number of interns provided for in §§ 2-9-17 and 2-9-18 shall be divided by the Executive Board of the Legislative Research Council between the political parties in each house in proportion to the party membership in each house as nearly as is practicable. The minority party shall have at least those interns specified in § 2-9-17. The leadership of each party in each house shall assign the interns to the respective legislators.

    Section 5. That § 2-9-19 be repealed.

    2-9-19. No member of the Legislature shall be assigned a student intern without the approval of that legislator. "



150rta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "revise provisions related to the legislative intern program.".

    On page 1, delete line 2.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Joint Committee on Appropriations respectfully reports that it has had under consideration SB 166 which was tabled.

Respectfully submitted,
Deb Peters, Co-Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration HB 1069 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 117 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bruce Rampelberg, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 124, 125, and 126 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 100 and returns the same with the recommendation that said bill be amended as follows:

100ja

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

"    Section 1. That § 1-16G-56 be amended to read:

    1-16G-56. Terms used in §§ 1-16G-56 to 1-16G-68, inclusive, mean:

            (1)    "Board," the Board of Economic Development;

            (2)    "Broadband telecommunications network facilities," the electronics, equipment, transmission facilities, fiber optic and copper cables and any other property capable of transmission speeds ten megabits per second of download speed and one megabit per second of upload speed;

            (3)    "Commissioner," the commissioner of the Governor's Office of Economic Development;

            (3)(4)    "Completed the project" or "completion of the project," the first date when the project is operational;

            (4)(5)    "Construction date," the first date earth is excavated or a contractor has initiated work for the purpose of constructing a new or expanded facility or the first date new equipment is located on the project site or existing equipment is removed from the project site for the purpose of equipment upgrades, whichever occurs first;

            (5)(6)    "Data center," any facility established for the purpose of processing, storage, retrieval, or communication of data;

            (6)(7)    "Department," the Department of Revenue;

            (7)(8)    "Equipment upgrades," the installation of new equipment or the replacement or improvement of existing equipment, which is subject to the sales or use tax imposed by chapters 10-45 or 10-46 or contractor's excise tax imposed by chapters 10-46A or 10-46B;

            (8)(9)    "GOED," the Governor's Office of Economic Development;

            (9)(10)    "New or expanded facility," a new building or structure, or the expansion, renovation, or retrofitting of an existing building or structure, which is subject to the contractor's excise tax imposed by chapters 10-46A or 10-46B;

            (10)(11)    "Person," any individual, firm, copartnership, joint venture, association, cooperative, nonprofit development corporation, limited liability company, limited liability partnership, corporation, estate, trust, business trust, receiver, or any group or combination acting as a unit;

            (11)(12)    "Project," a new or expanded facility with a project cost which exceed twenty million dollars, or equipment upgrades with a project cost which exceed two million dollars. A project includes laboratory and testing facilities,

manufacturing facilities, data centers, power generation facilities, power transmission facilities, broadband telecommunication network facilities, agricultural processing facilities, wind energy facilities, and facilities defined by GOED as targeted industries. A project does not include any building or structure:

            (a)    Used predominantly for the sale of products at retail, other than the sale of electricity at retail, to individual consumers or other than to provide telecommunication service as defined in § 10-45-1.17;
            (b)    Used predominantly for residential housing or transient lodging;
            (c)    Used predominantly to provide health care services;
            (d)    Used predominantly for the transportation or transmission of natural gas, oil, or crude oil by means of a pipeline; or
            (e)    That is not subject to ad valorem real property taxation or equivalent taxes measured by gross receipts;

            (12)(13)    "Project cost," the amount paid by the project owner in money, credits, property, or other consideration associated with a project including, without limitation, land, labor, materials, furniture, equipment, fees, or fixtures;

            (13)(14)    "Wind energy facility," any new facility or facility expansion that:

            (a)    Consists of a commonly managed integrated system of towers, wind turbine generators with blades, power collection systems, and electric interconnection systems, that convert wind movement into electricity, and is subject to the tax imposed by §§ 10-35-18 and 10-35-19; and
            (b)    The construction of which is subject to contractors' excise tax pursuant to chapter 10-46A or 10-46B.

    Section 2. That § 1-16G-61 be amended to read:

    1-16G-61. Any person that has timely filed the application and is holding a permit issued by GOED, and has completed the project, shall file an affidavit for reinvestment payment with GOED.

    The affidavit for reinvestment payment shall contain the following information:

            (1)    The project owner's name and contact information;
            (2)    The general description of the project;
            (3)    The date of completion of the project;
            (4)    The final project costs;
            (5)    The amount of South Dakota sales tax, use tax, and contractors excise tax paid for the construction of the project;
            (6)    The location of the project;
            (7)    The legal description of the project location;
            (8)    A list of the contractors and subcontractors that performed work on the project;
            (9)    If the reinvestment payment was assigned or transferred, the name and address of the person to whom the reinvestment payment has been assigned or transferred; and
            (10)    Any other information that GOED may require.

    The affidavit for reinvestment payment shall be on a form prescribed by the commissioner. The affidavit for reinvestment payment shall be signed by the project owner and signed under oath before a notary public. No affidavit for reinvestment payment may include more than one project.

    In addition, a project for broadband telecommunication network facilities broadband infrastructure funded in part using federal funds, shall attest to the satisfaction of the conditions of such grant. The attestation shall satisfy any requirement by GOED that the project would not have been undertaken but for the reinvestment payment. "

100jta

    On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "enhance South Dakota economic development through broadband infrastructure improvements.".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 162 and returns the same with the recommendation that said bill be amended as follows:

162fb

    On page 3, line 2, of the printed bill, after "agencies" insert "excluding the Unified Judicial System".

    On page 3, line 3, after "agencies" insert "excluding the Unified Judicial System".

    On page 3, between lines 3 and 4, insert:

"The Unified Judicial System may implement the code of conduct and conflict of interest policy in accordance with the code of judicial conduct and employee policies utilized within the Unified Judicial System".


    On page 3, line 18, after "agency" insert "to a nonstate agency".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 99, 101, 128, and 155 which were tabled.



Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 151 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Gary Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Taxation respectfully reports that it has had under consideration SB 147 and HB 1083 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

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

165yc

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

"    Section 1. That § 35-4-49 be amended to read:

    35-4-49. A manufacturer licensed under subdivision 35-4-2(14) may only sell malt beverages to a wholesaler licensed under subdivision 35-4-2(15), or to a wholesaler licensed under subdivision 35-4-2(2), may only sell cider to a wholesaler licensed under subdivision 35-4-2(2) or may sell such beverages for transportation in interstate commerce outside the state. A wholesaler licensed under subdivision 35-4-2(15) may sell such malt beverages to retailers licensed under this chapter. Each malt beverage wholesale licensee for nonpasteurized products shall designate on the application, the territory within which the licensee may sell the designated nonpasteurized products of any brewer for the purpose of quality control, when such territory has been agreed to by the licensee and the brewer.

    Section 2. That § 35-5-3.2 be amended to read:

    35-5-3.2. In addition to the provisions of § 35-4-49, a malt beverage and cider manufacturer may sell the malt beverage and cider such manufacturer manufactures to the public for consumption on the licensed premises. A malt beverage and cider manufacturer who manufactures less than five thousand barrels of malt beverage and cider a year may hold on the premises where the malt beverage is manufactured an on-sale license issued pursuant to subdivision 35-4-2(4) and subject to the quota established in § 35-4-11 or a malt beverage retailer's license issued pursuant to subdivision 35-4-2(16) or an on-sale wine license issued pursuant to subdivision 35-4-2(12). The manufacturer shall pay the tax imposed under subdivision 35-5-3(1) on all malt beverages and shall pay the tax imposed under subdivision 35-5-3(4A) on all cider so sold. Any manufacturer who holds a malt beverage retailer's license

or an on-sale license as provided in this section may also hold a malt beverage retailer's license or an on-sale license at other locations but may sell the malt beverages and cider it manufactures only at the location where the beverages are manufactured or to wholesalers licensed pursuant to this title.

    Section 3. That § 35-5-3.3 be amended to read:

    35-5-3.3. A malt beverage and cider manufacturer who possesses an on-sale license authorized pursuant to § 35-5-3.2 may be issued a malt beverage package dealer's license issued pursuant to subdivision 35-4-2(17), or an off-sale license issued pursuant to subdivision 35-4-2(3) and subject to the quota established in § 35-4-10 for such premises where the malt beverage and cider is manufactured, limited to the sale of malt beverages and cider the manufacturer manufactures. The manufacturer shall pay the tax imposed under subdivision 35-5-3(1) on all malt beverages and shall pay the tax imposed under subdivision 35-5-3(4A) on all cider so sold.

    Section 4. That subdivision (9) of § 35-1-1 be amended to read:

    35-1-1. Terms used in this title mean:

            (9)    "Manufacturer," any person who owns, has a controlling interest in, operates, or aids in operating any establishment for the brewing, production, bottling, or blending of malt beverages, cider, or wine;

    Section 5. That § 35-4-2 be amended to read:

    35-4-2. Classes of licenses, with the fee of each class, follow:

            (1)    Distillers--four thousand dollars. However, no license fee is required for manufacturers of alcohol for use in industry as a nonbeverage. If the manufacturer of industrial alcohol shall at any time manufacture, produce, distill, sell, barter, or dispose of alcohol for any use other than an industrial use, the license fee required by this section shall be allocated to and payable for the portion of the year the manufacturer devoted to such other use for each calendar month or fraction thereof while so engaged, but in no case less than one-twelfth of the license fee;
            (2)    Wholesalers of alcoholic beverages--five thousand dollars;
            (3)    Off-sale--not less than five hundred dollars in municipalities of the first class, not more than four hundred dollars in municipalities of the second class, and not more than three hundred dollars in municipalities of the third class. The renewal fee for such licenses may not exceed five hundred dollars in municipalities of the first class, four hundred dollars in municipalities of the second class, and three hundred dollars in municipalities of the third class;
            (4)    On-sale--in municipalities of various classes: municipalities of the first class, not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for such license is fifteen hundred dollars; municipalities of the second class, no more than twelve hundred dollars; municipalities of the third class, no more than nine hundred dollars;
            (5)    Off-sale licenses issued to municipalities under local option--not less than two hundred fifty dollars;
            (6)    On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less than the maximum that the municipality to which the applicant is nearest is charging for a like license in that municipality, the renewal fee shall be the same as is charged for a like license in the nearest municipality. However, if the nearest municipality is more than fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4-11.10. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the maximum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest municipality is a municipality of the first class and is authorized to hold an on-sale license pursuant to § 35-3-13, such fee may not be more than one hundred fifty percent of the minimum a municipality not so authorized may charge for a like license. The renewal fee shall be the same as could be charged for a like license in the nearest municipality;
            (7)    Solicitors--twenty-five dollars;
            (8)    Transportation companies--twenty-five dollars;
            (9)    Carrier--one hundred dollars, which fee entitles the licensee to sell or serve alcoholic beverages on all conveyances the licensee operates within the state unless restricted by local ordinance;
            (10)    Dispensers--ten dollars;
            (11)    On-sale dealers at publicly operated airports--two hundred fifty dollars;
            (12)    Wine retailers, being both package dealers and on-sale dealers--five hundred dollars;
            (13)    Convention facility on-sale--not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for such license, in municipalities of the first class, is fifteen hundred dollars; the renewal fee for such license, in municipalities of the second class, is no more than twelve hundred dollars; the renewal fee for such license, in municipalities of the third class, is no more than nine hundred dollars;
            (14)    Manufacturers of malt beverages and cider--five hundred dollars;
            (15)    Wholesalers of malt beverages--four hundred dollars;
            (16)    Malt beverage retailers, being both package dealers and on-sale dealers--three hundred dollars;
            (17)    Malt beverage package dealers--two hundred dollars;
            (17A)    Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two hundred twenty-five dollars;
            (18)    On-sale dealers in light wine containing not more than six percent alcohol by weight for each day of the week between the hours of seven a.m. and two a.m. to nonprofit corporations established pursuant to chapter 7-7--two hundred dollars;
            (19)    Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and distilled spirits produced from product provided to an artisan distiller by the respective farm winery to be operated in conjunction with a farm winery established pursuant to chapter 35-12--one hundred fifty dollars;
            (20)    Malt beverage retailers, being both package dealers and on-sale dealers, and retailers of wine produced pursuant to chapter 35-12, being both package dealers and on-sale dealers--three hundred twenty-five dollars; and
            (21)    Retail on premises manufacturer--two hundred fifty dollars. "
    And returns the same without recommendation.

Respectfully submitted,
Jeff Monroe, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 141 and returns the same with the recommendation that said bill be amended as follows:

141fc

    On page 3, line 16, of the printed bill, after "." insert "If a facility is unable to distill ethyl alcohol due to a force majeure, the payment shall be based on claims submitted for that month in the previous year. For purposes of this section, the term, force majeure, means any cause or event that renders a facility wholly or partly unable to produce ethyl alcohol and is neither reasonably within the control of the facility nor the result of the fault or negligence of the facility. The term includes natural disasters, accidents, and acts of any governmental authority.".

    On page 4, line 10, delete "Seventy-one" and insert "Sixty-four and six-tenths".

    On page 4, line 15, delete "Seven" and insert "Six and four-tenths".

    On page 4, line 17, delete "Twenty-two" and insert "Twenty-nine".

    On page 5, line 21, delete "twenty-eight" and insert "forty-one".

    On page 5, line 22, delete "seventy-two" and insert "fifty-nine".

    On page 6, between lines 1 and 2, insert:

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

    If the balance of the petroleum release compensation fund is less than two million dollars following a monthly deposit pursuant to § 34A-13-20, a transfer shall be made from the state highway fund to the petroleum release compensation fund in an amount that brings the balance of the petroleum release compensation fund to two million five hundred thousand dollars. Following a monthly deposit pursuant to § 34A-13-20, any balance above four million dollars in the petroleum release compensation fund shall be transferred to the state highway fund.

    Section 10. That § 10-47B-164.1 be repealed.

    10-47B-164.1. There is hereby established the ethanol infrastructure incentive fund to receive funds transferred from the ethanol fuel fund pursuant to § 10-47B-164. Any money in the ethanol infrastructure incentive fund is continuously appropriated for the following purposes:


            (1)    To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the purpose of entering into contracts for the purchase or installation, or for the purchase and installation, of ethanol blender pumps and associated piping and storage systems and related equipment to be used at facilities operated by the motor fuel retail dealers for the sale of motor fuel to the public;
            (2)    To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the purpose of entering into contracts for the purchase, or the purchase, of pumps and pump equipment authorized to dispense gasoline containing up to and including eighty-five percent ethanol;
            (3)    To award incentive grants to encourage the purchase of flex fuel vehicles;
            (4)    To encourage the increased use of ethanol in South Dakota; and
            (5)    To otherwise encourage the installation of infrastructure related to sale and distribution of ethanol.
    The Governor's Office of Economic Development shall establish, by rules promulgated pursuant to chapter 1-26, such regulations and procedures as are necessary to implement this section. For the purposes of this section, the term, ethanol blender pump, refers to a mechanism provided by the retail dealer for the dispensing at retail as defined in § 10-47B-3 of ethanol blend so that the end user may choose a particular grade of ethanol to gasoline to be dispensed. The Governor's Office of Economic Development may use up to five percent of any amount appropriated to the ethanol infrastructure incentive fund for administration of the fund or any incentive programs established by this section.

    Section 11. That § 10-47B-164.2 be repealed.

    10-47B-164.2. The Governor's Office of Economic Development may promulgate rules pursuant to chapter 1-26 concerning the ethanol infrastructure incentive fund as follows:

            (1)    The submission of grant applications for the ethanol infrastructure incentive fund;
            (2)    Eligibility criteria for grants from the ethanol infrastructure incentive fund;
            (3)    Application procedures for grants from the ethanol infrastructure incentive fund;
            (4)    Criteria for determining which applicants will receive grants from the ethanol infrastructure incentive fund; and
            (5)    Follow-up reporting to the Governor's Office of Economic Development by grant recipients.

    Section 12. Sections 10 and 11 of this Act are effective on July 1, 2017.".

    On page 6, line 2, delete "sections 3 to 8" and insert "sections 3 to 9".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

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


156fa

    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:

    Terms used in this Act mean:

            (1)    "Digital network," any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables a prearranged ride with a transportation network company driver;
            (2)    "Personal vehicle," a vehicle that is used by a transportation network company driver to provide a prearranged ride and is owned, leased, or otherwise authorized for use by the transportation network company driver. The term does not include any taxicab, limousine, or for-hire vehicle;
            (3)    "Prearranged ride," the provision of transportation by a driver to a rider, beginning when a driver accepts a rider's request for a ride through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. The term does not include transportation provided through a shared expense carpool or vanpool arrangement or by using a taxicab, limousine, or other for-hire vehicle;
            (4)    "Transportation network company," a corporation, partnership, sole proprietorship, or other entity that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides and that does not control, direct, or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract;
            (5)    "Transportation network company driver" or "driver," a person who receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company and who uses a personal vehicle to provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation or payment of a fee;
            (6)    "Transportation network company rider" or "rider," a person who uses a transportation network company's digital network to connect with a transportation network driver who provides a prearranged ride to the person in the driver's personal vehicle between points chosen by the person.

    Section 2. That the code be amended by adding a NEW SECTION to read:

    Before a transportation network company allows a person to act as a transportation network company driver on the transportation network company's digital network, the transportation network company shall require the person to submit to the transportation network company an application that includes:

            (1)    The person's name, address, and age;
            (2)    A copy of the person's driver license;
            (3)    The registration for the personal vehicle that the person will use to provide prearranged rides;
            (4)    Proof of financial responsibility for the personal vehicle of a type and in the amounts required by the transportation network company; and
            (5)    Any other information required by the transportation network company.

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

    Before a transportation network company allows a person to act as a driver on the transportation network company digital network, the transportation network company shall conduct, or contract with a third party to conduct:

            (1)    A local and national criminal background check;
            (2)    A search of the national sex offender registry; and
            (3)    Obtain a copy of the person's driving record maintained under § 32-12-61.

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

    A transportation network company may not knowingly allow to act as a transportation network company driver on the transportation network company's digital network a person:

            (1)    Who has received judgments for more than three moving traffic violations in the preceding three years, or at least one violation involving reckless driving or driving on a suspended or revoked license in the preceding three years;
            (2)    Who has been convicted in the preceding seven years of a felony;
            (3)    Who has been convicted in the preceding seven years of a misdemeanor involving:
            (a)    Resisting a law enforcement officer;
            (b)    Dishonesty;
            (c)    Injury to a person;
            (d)    Operating a motor vehicle while intoxicated;
            (e)    Operating a motor vehicle in a manner that endangers a person;
            (f)    Operating a motor vehicle with a suspended or revoked driver license; or
            (e)    Damage to the property of another person;
            (4)    Who is a match in the state or national sex offender registry; or
            (5)    Who is unable to provide information required under section 3 of this Act.

    Section 5. That the code be amended by adding a NEW SECTION to read:

    A transportation network company shall establish and enforce a zero tolerance policy for drug and alcohol use by transportation network company drivers during any period when a transportation network company driver is engaged in, or is logged into the transportation network company's digital network but is not engaged in, a prearranged ride. The policy shall include provisions for:

            (1)    Investigations of alleged policy violations; and
            (2)    Suspensions of transportation network company drivers under investigation.

    Section 6. That the code be amended by adding a NEW SECTION to read:

    A transportation network company shall require that a personal vehicle used to provide any prearranged ride shall comply with all applicable laws and rules concerning vehicle equipment.

    Section 7. That the code be amended by adding a NEW SECTION to read:

    A transportation network company driver or transportation network company on the driver's behalf shall maintain primary motor vehicle insurance that recognizes that the driver is a transportation network company driver or otherwise uses a vehicle to transport riders for compensation and covers the driver while:

            (1)    The driver is logged on to the transportation network company's digital network; or
            (2)    The driver is engaged in a prearranged ride.

    Section 8. That the code be amended by adding a NEW SECTION to read:

    The following motor vehicle insurance requirements apply while a participating transportation network company driver is logged on to the transportation network company's digital network and is available to receive transportation requests but is not engaged in a prearranged ride:

            (1)    Primary motor vehicle liability insurance in the amount of at least fifty thousand dollars for death and bodily injury per person, one hundred thousand dollars for death and bodily injury per incident, and twenty-five thousand dollars for property damage; and
            (2)    Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4; and
            (3)    The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance maintained by the transportation network company driver, motor vehicle insurance maintained by the transportation network company, or any combination of such insurance.

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

    The following motor vehicle insurance requirements apply while a transportation network company driver is engaged in a prearranged ride:

            (1)    Primary motor vehicle liability insurance that provides at least one million dollars for death, bodily injury, and property damage;
            (2)    Uninsured and underinsured coverage as required by §§ 58-11-9 and 58-11-9.4; and
            (3)    The coverage requirements of subdivision (1) may be satisfied by motor vehicle insurance maintained by the transportation network company driver, motor vehicle insurance maintained by the transportation network company, or any combination of such insurance.

    Section 10. That the code be amended by adding a NEW SECTION to read:

    If the insurance maintained by the driver pursuant to section 8 or 9 of this Act has lapsed or does not provide the required coverage, the insurance maintained by the transportation network

company shall provide the coverage required by those sections beginning with the first dollar of a claim and has the duty to defend any claim.

    Section 11. That the code be amended by adding a NEW SECTION to read:

    Coverage under a motor vehicle insurance policy maintained by the transportation network company may not be dependent on a personal motor vehicle insurer first denying a claim nor shall a personal motor vehicle insurance policy be required to first deny a claim.

    Section 12. That the code be amended by adding a NEW SECTION to read:

    Any insurance required by sections 8 and 9 of this Act may be placed with an insurer licensed under title 58, or with a surplus lines insurer eligible under title 58.

    Section 13. That the code be amended by adding a NEW SECTION to read:

    Any insurance satisfying the requirements of section 8 or 9 of this Act shall be deemed to satisfy the financial responsibility requirement for a motor vehicle under § 32-35-113.

    Section 14. That the code be amended by adding a NEW SECTION to read:

    A transportation network company driver shall carry proof of coverage satisfying sections 8 and 9 of this Act at all times during the driver's use of a vehicle in connection with a transportation network company's digital network. If there is an accident, a transportation network company driver shall provide proof of insurance coverage information to the directly interested parties, motor vehicle insurers, and investigating law enforcement officers, upon request. Upon such request, a transportation network company driver shall also disclose to directly interested parties, motor vehicle insurers, and investigating law enforcement officers, whether the driver was logged on to the transportation network company's digital network or on a prearranged ride at the time of an accident.

    Section 15. That the code be amended by adding a NEW SECTION to read:

    The transportation network company shall disclose in writing to each transportation network company driver the following before the driver is allowed to accept a request for a prearranged ride on the transportation network company's digital network:

            (1)    The insurance coverage, including the types of coverage and the limits for each coverage, that the transportation network company provides while the transportation network company driver uses a personal vehicle in connection with a transportation network company's digital network; and
            (2)    That the transportation network company driver's own motor vehicle insurance policy might not provide any coverage while the driver is logged on to the transportation network company's digital network and is available to receive transportation requests or is engaged in a prearranged ride, depending on its terms.

    Section 16. That the code be amended by adding a NEW SECTION to read:

    Any insurer that writes motor vehicle insurance in this state may exclude any coverage afforded under the policy issued to an owner or operator of a personal vehicle for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in a motor vehicle insurance policy including:

            (1)    Liability coverage for bodily injury and property damage;
            (2)    Personal injury protection coverage;
            (3)    Uninsured and underinsured motorist coverage;
            (4)    Medical payments coverage;
            (5)    Comprehensive physical damage coverage; and
            (6)    Collision physical damage coverage.

    Section 17. That the code be amended by adding a NEW SECTION to read:

    Any exclusions as allowed by section 16 of this Act applies notwithstanding any requirement under chapter 32-35. Nothing in this Act implies or requires that a personal motor vehicle insurance policy provide coverage while the driver is logged on to the transportation network company's digital network, while the driver is engaged in a prearranged ride, or while the driver otherwise uses a vehicle to transport riders for compensation.

    Section 18. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act requires an insurer to use any particular policy language or reference to section 16 of this Act in order to exclude any and all coverage for any loss or injury that occurs while a driver is logged on to a transportation network company's digital network or while a driver provides a prearranged ride.

    Section 19. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act precludes an insurer from providing primary or excess coverage for the transportation network company driver's vehicle, if it so chose to do so by contract or endorsement.

    Section 20. That the code be amended by adding a NEW SECTION to read:

    Any motor vehicle insurer that excludes the coverage described in section 8 or 9 of this Act has no duty to defend or indemnify any claim expressly excluded by the policy. Nothing in this Act invalidates or limits an exclusion contained in a policy including any policy in use or approved for use in this state prior to the enactment of this Act that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.

    Section 21. That the code be amended by adding a NEW SECTION to read:

    A motor vehicle insurer that defends or indemnifies a claim against a driver that is excluded under the terms of the insurer's policy, shall have a right of contribution against other insurers that provide motor vehicle insurance to the same driver in satisfaction of the coverage requirements of sections 8 or 9 of this Act at the time of loss.

    Section 22. That the code be amended by adding a NEW SECTION to read:

    In a claims coverage investigation, transportation network companies shall immediately provide upon request by directly involved parties or any insurer of the transportation network company driver if applicable, the precise times that a transportation network company driver logged on and off of the transportation network company's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident. Any insurer providing coverage as set forth in sections 8 and 9 of this Act shall disclose upon request by any other such insurer involved in the particular claim, the applicable coverages, exclusions, and limits provided under any motor vehicle insurance maintained in order to satisfy the requirements of sections 8 and 9 of this Act.

    Section 23. That § 32-9-3 be amended to read:

    32-9-3. For the purposes of this chapter, the following do not come within the definition of "motor carriers" or "commercial vehicles" if used in intrastate operations:

            (1)    A motor vehicle registered in South Dakota used to carry private business property of five hundred pounds or less;
            (2)    A motor vehicle chassis registered in South Dakota on which is mounted a cornsheller, grain cleaner, feed grinder, grain and alfalfa feed mixing machine, haystack mover, sawmill, water well drilling equipment, power shovel, ditchdigger, mobile crane which exceeds the maximum size or weight limits prescribed by chapter 32-22, drag line, posthole auger, and which is not used for demonstration or display purposes outside the limits of a municipality, or a truck tractor and trailer carrying permanently mounted hay grinding equipment;
            (3)    Any motor vehicle registered in South Dakota used for the transportation of liquid or solid livestock waste including trailers and equipment used to load liquid or solid livestock waste and any vehicle registered in South Dakota used for the application, distribution, spraying, or transportation from retail business to user of dry, liquid, or anhydrous ammonia fertilizers or agricultural chemicals;
            (4)    A motor vehicle registered in South Dakota of less than thirty thousand pounds gross weight owned by a merchant licensed under chapter 10-45 or the merchant's commissioned paid employee and used to transport the merchant's previously sold merchandise to a purchaser outside the limits of a municipality and to return exchanged property or to transport fuels to a purchaser within a municipality or an unincorporated town which is without such service;
            (5)    A motor vehicle registered in South Dakota, owned by a farmer of this state and used by or for the farmer to transport property for the farmer's farming operation, to transport farm property from farm to farm or from a community or market to the farm or from the farm to a community or market, to transport livestock in a vehicle or combination of vehicles registered at twenty-six thousand pounds or less without monetary compensation, or to transport farm property when the vehicles are used as reimbursement in the ordinary exchange of farm work;
            (6)    A motor vehicle registered in South Dakota operated by or for its owner and exclusively used to transport products originating in or produced from logging or mining operations or lumber milling waste products if such products are owned in fee by the motor vehicle owner;
            (7)    Any motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis registered in South Dakota, which is used exclusively on the job site for the construction of township roads, stock water dugouts, dams, farm and ranch irrigation systems, or other soil and water conservation projects on farms and ranches, or for the construction or maintenance of highways in the State of South Dakota. Prior to moving any such vehicle or equipment between job sites or from job site to a central location, the owner shall register the vehicle or equipment pursuant to § 32-9-58;
            (8)    A motor vehicle used principally for providing prearranged transportation of persons to or from their place of employment and is operated by a person who does not drive the vehicle for the person's principal occupation, but is driving it only to or from the person's principal place of employment or for personal use as permitted by the owner of the vehicle;
            (9)    A motor vehicle that is not for hire and is operated solely for educational purposes by a student or an instructor as part of a heavy motor vehicle or heavy equipment operator's course offered by a nonprofit postsecondary institution located in the state;
            (10)    A motor vehicle used for personal purposes and not operated for private business use;
            (11)    A motor vehicle used for recreational purposes and not operated for private business use;
            (12)    A motor vehicle, trailer, semitrailer, motor propelled, or trailed vehicle chassis, registered in South Dakota and used to move equipment involved in soil and water conservation projects or township road work when operated between job sites or from a job site to a central location or point of repair;
            (13)    Any motor vehicle used by an implement dealer to transport farm machinery to and from a county fair or the state fair;
            (14)    A motor vehicle owned by a licensed motor vehicle dealer and used to transport inventory replacement vehicles to the dealer's principal place of business. For the purpose of this subdivision, motor vehicle does not include any motor vehicle which carries inventory replacement vehicles entirely upon its own structure; and
            (15)    A motor vehicle used to provide any prearranged ride as defined by section 1 of this Act.

    Section 24. That the code be amended by adding a NEW SECTION to read:

    Prior to operating in this state, a transportation network company shall register with the Department of Public Safety, providing the following information:

            (1)    All contact information for the company, including the agent for service of process within the state;
            (2)    A sales tax license issued by the state, if applicable;
            (3)    The company's certificate of authority, as registered with the secretary of state; and
            (4)    Proof of insurance, pursuant to this Act.

    Upon registration, the Department of Public Safety shall issue to the company a license to operate within the state. The department may set a license fee of no more than fifty dollars per license.

    Section 25. That the code be amended by adding a NEW SECTION to read:


    A transportation network company operating within the state shall:

            (1)    Provide each rider with any applicable rates charged for a prearranged ride and the option to receive an estimated fare before the rider enters the driver's motor vehicle;
            (2)    Use a digital network or website to display a picture of the driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the rider enters the driver's motor vehicle;
            (3)    Transmit an electronic receipt to the rider within a reasonable time after the completion of a prearranged ride that lists the origin and destination of the trip, the total time and distance of the trip, and an itemization of the total fare paid; and
            (4)    Maintain an agent for service of process in the state.

    Section 26. That the code be amended by adding a NEW SECTION to read:

    A transportation network company shall maintain individual trip records for each driver for at least one year from the date each trip was provided by the driver and driver records for no less than two years from the date on which a driver's activation on the digital network has ended.

    Section 27. That the code be amended by adding a NEW SECTION to read:

    The transportation network company shall adopt a policy prohibiting solicitation or acceptance of cash payments from the riders and shall notify each driver of the policy. A driver may not solicit or accept cash payments from riders, nor solicit or accept street hails. Any payment for services shall be made only electronically using the digital network or online application service. A driver shall apply for a state sales tax license and remit taxes accordingly, if applicable.

    Section 28. That the code be amended by adding a NEW SECTION to read:

    Except as otherwise provided in this Act, no transportation network company may disclose a rider's personally identifiable information to a third party unless:

            (1)    The rider consents;
            (2)    The disclosure is required by legal obligation; or
            (3)    The disclosure is required to protect or defend the terms of use of the service or to investigate a violation of those terms.

    A transportation network company may share a rider's name and telephone number with the driver providing the prearranged ride to the rider in order to facilitate correct identification of the rider by the driver, or to facilitate communication between the rider and the driver.

    Section 29. That the code be amended by adding a NEW SECTION to read:

    A transportation network company shall maintain records of each driver's application, motor vehicle records, insurance coverage, and proof of all background checks conducted, for a period of two years from the date on which a driver's activation on the transportation network company's digital network has ended. For the sole purpose of verifying that a transportation network company is in compliance with this chapter, the company shall allow an inspection of

these records by the Department of Public Safety at the department's request, or a by city or municipality in which the transportation network company drivers operate, and shall reasonably facilitate the department, city, or municipality in that inspection. A sample shall be chosen randomly by the department, city, or municipality in a method agreeable to both parties. The audit may take place electronically or at a mutually agreed upon location. The transportation network company may exclude information that may tend to identify a specific rider. The department shall inspect the records annually. If a city or municipality has inspected certain records, the department may accept the approval of those records without further inspection. The department may promulgate rules to set audit policies and set an audit fee of no more than five hundred dollars annually.

    In response to a specific complaint against the transportation network company or any specific driver, the department may inspect records necessary to investigate the complaint. The inspection may take place at a mutually agreed upon location. The transportation network company may exclude information that may tend to identify a specific rider, unless that information is necessary to the investigation of the complaint. All records inspected by the department, city, or municipality under this section are considered confidential and may not be disclosed to a third party without prior written consent of the transportation network company.

    Section 30. That the code be amended by adding a NEW SECTION to read:

    If a transportation network company fails to comply with any section of this Act, the Department of Public Safety shall revoke the company's license to operate in the state for a period of one year per offense.

    Section 31. That the code be amended by adding a NEW SECTION to read:

    Nothing in this Act may be construed to limit further regulation of a transportation network company enacted by a city or county."

156fb

    On the previously adopted amendment (156fa), in subdivision (1) of Section 1, delete "software,".

    On the previously adopted amendment (156fa), in the last sentence of the first paragraph of Section 29, after "rules" insert ", pursuant to chapter 1-26,".

    And that as so amended said bill do pass.

Respectfully submitted,
Mike Vehle, Chair


SIGNING OF BILLS

    The President publicly read the title to

    HB 1008: FOR AN ACT ENTITLED, An Act to restrict access to certain restrooms and locker rooms in public schools.

    HB 1010: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the development of park and recreational improvements on lands leased to the Department of Game, Fish and Parks.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding alternative instruction achievement tests for children excused from school attendance.

    HB 1014: FOR AN ACT ENTITLED, An Act to authorize the sale of certain surplus real estate and to provide for the deposit of the proceeds.

    HB 1059: FOR AN ACT ENTITLED, An Act to revise provisions related to the garnishment of debts and property.

    HB 1081: 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.

    HB 1082: FOR AN ACT ENTITLED, An Act to codify the list of navigable streams requiring gates.

    HB 1098: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the exemption of motor vehicles from the motor vehicle excise tax.

    HB 1105: FOR AN ACT ENTITLED, An Act to give the court discretion to grant a continuance of a protection order in certain situations.

    HB 1150: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning the property tax exemption provided to local industrial development corporations.

    HB 1170: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse certain eligible health care professionals who have complied with the requirements of the rural health care facility recruitment assistance program and to declare an emergency.

    Journal correction: See page 407 of the Senate Journal.
    

    And signed the same in the presence of the Senate.


MOTIONS AND RESOLUTIONS

    Sen. Brown moved that SB 16 be placed to follow SB 152 on today's calendar.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 112 as found on page 357 of the Senate Journal; also

    State Affairs on SB 118 as found on page 357 of the Senate Journal; also

    State Affairs on SB 131 as found on page 355 of the Senate Journal; also

    Transportation on SB 110 as found on page 372 of the Senate Journal; also

    Transportation on SB 127 as found on page 372 of the Senate Journal; also

    Health and Human Services on SB 171 as found on page 374 of the Senate Journal; also

    Health and Human Services on SB 72 as found on page 373 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    The President declared that SB 89 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1102: FOR AN ACT ENTITLED, An Act to allow for additional time to review certain competitive sealed bids.

    The question being "Shall HB 1102 pass as amended?"

    And the roll being called:



    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Excused:
Van Gerpen

    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 1108: FOR AN ACT ENTITLED, An Act to revise certain municipal special assessment provisions and to provide for exclusion of territory from municipalities.

    Was read the second time.

    The question being "Shall HB 1108 pass?"

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Excused:
Van Gerpen

    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 1117: FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning the authorization for the use of other languages in public records or public meetings.

    Was read the second time.

    The question being "Shall HB 1117 pass?"


    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Excused:
Van Gerpen

    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 69: FOR AN ACT ENTITLED, An Act to require accredited schools to accept transfer credits for courses taken by students from other accredited schools during the summer and to declare an emergency.

    Was read the second time.

69cb

    Sen. Peters moved that SB 69 be amended as follows:

    On page 1, between lines 8 and 9 of the Senate Education Committee engrossed bill, insert "However, an accredited school is only required to accept the transfer credits if the student notifies a school administrator of the credits sought prior to taking the course. If the student fails to provide the advance notice, the school may refuse to accept the credits.".

    On page 1, line 9, delete ", however,".

    Which motion prevailed.

    The question being "Shall SB 69 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0


    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Nays:
Hunhoff (Bernie)

    Excused:
Van Gerpen

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

    SB 44: FOR AN ACT ENTITLED, An Act to create provisions for aggravated vehicular homicide and classify the crime as a crime of violence.

    Was read the second time.

    The question being "Shall SB 44 pass as amended?"

    And the roll being called:

    Yeas 28, Nays 6, Excused 1, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Frerichs; Heinert; Hunhoff (Bernie); Parsley

    Excused:
Van Gerpen

    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 154: FOR AN ACT ENTITLED, An Act to provide a penalty for fleeing from a law enforcement officer.

    Was read the second time.


    The question being "Shall SB 154 pass?"

    And the roll being called:

    Yeas 27, Nays 6, Excused 2, Absent 0

    Yeas:
Brown; Cammack; Curd; Ewing; Fiegen; Haggar (Jenna); Haverly; Heineman (Phyllis); Holien; Hunhoff (Bernie); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Tidemann; Tieszen; Vehle; White

    Nays:
Bradford; Buhl O'Donnell; Greenfield (Brock); Heinert; Jensen (Phil); Sutton

    Excused:
Frerichs; Van Gerpen

    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 158: FOR AN ACT ENTITLED, An Act to revise provisions related to restitution in cases involving juveniles and to declare an emergency.

    Was read the second time.

158xa

    Sen. Greenfield (Brock) moved that SB 158 be amended as follows:

    On page 4, line 7, of the printed bill, delete "The secretary of" and insert "A representative from".

    Which motion prevailed.

    The question being "Shall SB 158 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White


    Nays:
Omdahl

    Excused:
Van Gerpen

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

    SB 133: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding shared services provided by the state to school districts, the sharing of services of school district employees, the classroom innovation grant program, and educator mentoring and certification reciprocity.

    Was read the second time.

    The question being "Shall SB 133 pass?"

    And the roll being called:

    Yeas 33, Nays 1, Excused 1, Absent 0

    Yeas:
Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Nays:
Bradford

    Excused:
Van Gerpen

    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 152: FOR AN ACT ENTITLED, An Act to enact the Peter Falk Act to ensure visitation of certain protected persons.

    Was read the second time.

    The question being "Shall SB 152 pass?"

    And the roll being called:


    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bradford; Brown; Buhl O'Donnell; Cammack; Curd; Ewing; Fiegen; Frerichs; Greenfield (Brock); Haggar (Jenna); Haverly; Heineman (Phyllis); Heinert; Holien; Hunhoff (Bernie); Jensen (Phil); Monroe; Novstrup (David); Olson; Omdahl; Otten (Ernie); Parsley; Peters; Peterson (Jim); Rampelberg; Rusch; Shorma; Soholt; Solano; Sutton; Tidemann; Tieszen; Vehle; White

    Excused:
Van Gerpen

    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.

    Sen. Brown moved that the balance of the calendar including SB 16 and 159 and HB 1208, 1024, 1007, 1201, 1187, 1120, 1136, and 1005 be deferred to Tuesday, February 23rd, the 26th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    SC 15 Introduced by: Senators Holien, Buhl O'Donnell, Hunhoff (Bernie), Novstrup (David), Sutton, and Tidemann and Representatives Hunhoff (Jean), Bartling, Duvall, Hawley, Qualm, Rounds, and Solum

        A LEGISLATIVE COMMEMORATION, Honoring the 2016 South Dakota Boys & Girls Clubs of America's Youth of the Year finalists.

    WHEREAS, Carolyn Blatchford, Boys & Girls Club of Brookings; Orin Thomas Mato Fischer, Boys & Girls Club of the Missouri River Area; Dylan Morris, Boys & Girls Club of Watertown; Ria Gualano, Ellsworth Air Force Base Youth Program; Kristine Tank, Boys & Girls Club of Aberdeen; Jermaine Davis, Boys & Girls Club of the Sioux Empire; and Mackenzie Sarratt, Boys & Girls Club of the Capital Area have been selected to represent their respective Boys & Girls Club in the state Youth of the Year Program; and

    WHEREAS, the Youth of the Year Program is the Boys & Girls Clubs of the America's premier youth recognition program for members who promote and celebrate service to the Club, community, and family; as well as good academic performance, moral character, life goals, and poise and public speaking ability; and

    WHEREAS, Disney, Toyota, the University of Phoenix, and the Taco Bell Foundation for Teens generously sponsor the Boys & Girls Clubs of America's Youth of the Year program; and

    WHEREAS, one of these club members will be selected to represent South Dakota in the national Youth of the Year program; and

    WHEREAS, these club members have demonstrated exemplary accomplishments in the areas of leadership, community service, character development, academics, fitness, poise and public speaking:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-First Legislature of the State of South Dakota, that the Legislature commends all the finalists for their outstanding achievements and extends appreciation to Boys & Girls Clubs of America and all the sponsors for their work in promoting and celebrating these achievements through the Youth of the Year Program.

    Sen. Ewing moved that the Senate do now adjourn, which motion prevailed and at 3:34 p.m. the Senate adjourned.

Kay Johnson, Secretary

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