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Senate Journal 1/10/2017 12:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




FIRST DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 10, 2017

    BE IT REMEMBERED, That on the tenth day of January, A.D., two thousand seventeen, at the hour of twelve o'clock meridian, being the date and hour fixed by the Constitution of the State of South Dakota, for the convening of the Legislature, the Ninety-second regular session of the Senate of the State of South Dakota was called to order by Lieutenant Governor Matt Michels in the Senate Chamber in the Capitol, in the City of Pierre, the seat of our government.

    The following prayer was offered by the Chaplain, Rev. John Armstrong, Pierre/Ft. Pierre Ministerial Association:

    Let us pray,

    Merciful God, we give You thanks for giving us another year. We give You thanks also for sustaining us through Your presence, wisdom, patience, and love. We ask that the deliberations and decisions of this body prove fruitful for our great State.

    We ask Your blessing now on the men and women of this Senate, so that they might be their best in representing not only their constituents, but all the citizens of our State. Give them strength and wisdom to fulfill their oaths of office.

    We thank You as well for this marvelous forum, where the important business of this State has been decided in the past and will continue to be decided in the upcoming year. May the work to be done be inspired by the wisdom of prophets and the love of faithful people.

    May all that we do, be done for Your greater honor and glory.

    Amen.


    The Pledge of Allegiance to the flag of the United States was led by Senate page Amanda Pugh.

    Unless there is an objection, we will place the Secretary of State's certification of members of the Senate for the 2017 Legislative Session in the record without reading.

    Hearing no objection, the certification is submitted.

    I, SHANTEL KREBS, Secretary of State of the state of South Dakota, do hereby certify that the following members, having been duly elected to the Senate at the general election held on November 8, 2016, are hereby certified as members of the Senate of the 2017-2018 Legislative Sessions:

District No. 1 Brown, Day, Marshall and Roberts Counties
Jason Frerichs, Wilmot

District No. 2 Brown, Clark, Hamlin and Spink Counties
Brock L. Greenfield, Clark

District No. 3 Brown County
Al Novstrup, Aberdeen

District No. 4 Brookings, Codington, Deuel, and Grant Counties
John Wiik, Big Stone City

District No. 5 Codington County
Neal Tapio, Watertown

District No. 6 Lincoln County
Ernie Otten, Tea

District No. 7 Brookings County
Larry Tidemann, Brookings

District No. 8 Lake, Miner, Moody and Sanborn Counties
Jordan Youngberg, Madison

District No. 9 Minnehaha County
Deb Peters, Hartford

District No. 10 Minnehaha County
Jenna Haggar, Sioux Falls

District No. 11 Minnehaha County
Jim Stalzer, Sioux Falls     


District No. 12 Lincoln and Minnehaha Counties
Blake Curd, Sioux Falls

District No. 13 Lincoln and Minnehaha Counties
Jack Kolbeck, Sioux Falls

District No. 14 Minnehaha County
Deb Soholt, Sioux Falls

District No. 15 Minnehaha County
Reynold F. Nesiba, Sioux Falls

District No. 16 Lincoln and Union Counties
     Jim Bolin, Canton    

District No. 17 Clay and Turner Counties
Arthur L. Rusch, Vermillion

District No. 18 Yankton County
Craig Kennedy, Yankton

District No. 19 Bon Homme, Douglas, Hanson, Hutchinson and McCook Counties
Stace Nelson, Fulton

District No. 20 Aurora, Davison and Jerauld Counties
Joshua Klumb, Mount Vernon

District No. 21 Bon Homme, Charles Mix, Gregory and Tripp Counties
Billie H. Sutton, Burke

District No. 22 Beadle and Kingsbury Counties
Jim White, Huron

District No. 23 Campbell, Edmunds, Faulk, Hand, McPherson, Potter, Spink and Walworth Counties
Justin R. Cronin, Gettysburg

District No. 24 Hughes, Hyde, Stanley and Sully Counties
Jeff Monroe, Pierre

District No. 25 Minnehaha County
Kris Langer, Dell Rapids

District No. 26 Brule, Buffalo, Jones, Lyman, Mellette and Todd Counties
Troy E. Heinert, Mission

District No. 27 Bennett, Haakon, Jackson, Oglala Lakota and Pennington Counties
Kevin Killer, Pine Ridge



District No. 28 Butte, Corson, Dewey, Harding, Perkins and Ziebach Counties
Ryan M. Maher, Isabel

District No. 29 Butte, Meade and Pennington Counties
Gary L. Cammack, Union Center

District No. 30 Custer, Fall River and Pennington Counties
Lance Russell, Hot Springs

District No. 31 Lawrence County
Bob Ewing, Spearfish

District No. 32 Pennington County
Alan D. Solano, Rapid City

District No. 33 Meade and Pennington Counties
Phil Jensen, Rapid City

District No. 34 Pennington County
Jeffrey D. Partridge, Rapid City

District No. 35 Pennington County
Terri L Haverly, Rapid City

    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Great Seal of the state of South Dakota, this 10th day of January, 2017.

    (SEAL)                                          Shantel Krebs

Secretary of State

    The oath of office was administered by the Honorable Janine M. Kern, Justice of the Supreme Court of the state of South Dakota, to the following Senators:

Jim Bolin                            Reynold F. Nesiba
Gary Cammack                        Jenna Netherton
Justin R. Cronin                        Al Novstrup
R. Blake Curd                            Ernie Otten
Bob Ewing                            Jeffrey D. Partridge
Brock L. Greenfield                        Deb Peters
Terri Haverly                            Arthur L. Rusch
Troy Heinert                            Deb Soholt
Phil Jensen                            Alan Solano
Craig Kennedy                        Jim Stalzer
Kevin Killer                            Billie H. Sutton
Joshua Klumb                            Neal Tapio


Jack Kolbeck                            Larry Tidemann
Kris Langer                            Jim White
Ryan Maher                            John Wiik
Jeff Monroe                            Jordan Youngberg
Stace Nelson

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

    Roll Call: All members present except Sens. Russell and Frerichs who were excused.

MOTIONS AND RESOLUTIONS

    Sen. Curd moved that the Senate do now proceed with the organization of the Senate.

    Which motion prevailed.

    Sen. Curd moved that Sen. Brock L. Greenfield be elected President Pro tempore of the Senate for the Ninety-second Legislative Session.

    The question being on Sen. Curd's motion that Sen. Greenfield be elected President Pro tempore of the Senate of the Ninety-second Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; 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; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Frerichs; Russell

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

    The oath of office was administered by the Honorable Janine M. Kern, Justice of the Supreme Court of the State of South Dakota, to President Pro tempore Sen. Greenfield.

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



    Sen. Curd moved that Kay Johnson be elected Secretary of the Senate for the Ninety-second Legislative Session.

    The question being on Sen. Curds's motion that Kay Johnson be elected Secretary of the Senate for the Ninety-second Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; 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; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Frerichs; Russell

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

    The oath of office was administered by the Honorable Janine M. Kern, Justice of the Supreme Court of the State of South Dakota, to Secretary of the Senate Kay Johnson.

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

    Unless there is an objection, we will waive the reading of the appointments of the employees of the Senate for the Ninety-second Legislative Session.

    Hearing no objections, the reading was waived.


    The President announced the appointment of the following named persons as employees of the Senate for the Ninety-second Legislative Session:

    First Assistant to the Secretary _ Judy Rapp

    Second Assistant to the Secretary _ Jill Wellhouse

    Third Assistant to the Secretary _ Carol Nowak

    Secretary to the President Pro Tempore _ Glenda Woodburn


    Secretary to the Majority Party _ Marilyn Seymour

    Secretary to the Minority Party _ Clay Hoffman

    Appropriations Secretary _ Barbara Bjorneberg

    Committee Secretaries _ Lois Henry, Mary Kirk, Mona Oehlerking, Rena Ortbahn

    Sergeant at Arms _ Dave Bonde

    Assistant Sergeants at Arms _ Tom Dravland, Gary Hoscheid

            Pages (1st term) _ Ashlynne Beninga, Ellie Krizan, Caroline Moriarty, Sydney Noordsy, Eli Pieper, Amanda Pugh

            Pages (2nd term) _ Aaron Diekhoff, Michaela Flora, Ella Graham, Amber Hulse, Lauren Leisinger, Dara Ness, Kalder Ness, Lauren Rink, Madison Russell, Mariah Weich

            Pages (3rd term) _ Emma Graves, Shelby Guthrie, Carter Hoffer, Lynsey Klunder, Dalton Larson, Jayd Mullen, Mit Patel, Sydney Powers, Rachel Schoon, Eli Van Horn, Noah Wicks, Chandler Wilson

            Pages (4th term) _ Amber Buskness, Audrey Cope, Gabriel Hutchison, Madison Jones, Ellen Lewis, Elle Moon, Brigita Rasmussen, Sydney Swanson, Hannah Weinheimer

            Pages (5th term) _ Matthew Bunn, Mary Dybedahl, Kadon Leddy, Emma Mesman, Patrick Minihan, Courtney Peters, Roger Sheets, Evan Sunby

            Legislative Interns _ Donald Beckwith, Ty Daly, Donovan Fravel, Joshua Haan, Dylan Kirchmeier, Alyssa Mullaney, Ryan Saeger, Ryan G. Sailors, Kelcy Schaunaman

    Legislative Aide _ Caleb Finck

    The oath of office was administered by the Honorable Janine M. Kern, Justice of the Supreme Court of the State of South Dakota, to the following named employees:

    First Assistant to the Secretary _ Judy Rapp

    Second Assistant to the Secretary _ Jill Wellhouse

    Third Assistant to the Secretary _ Carol Nowak

    Secretary to the President Pro Tempore _ Glenda Woodburn


    Secretary to the Majority Party _ Marilyn Seymour

    Secretary to the Minority Party _ Clay Hoffman

    Appropriations Secretary _ Barbara Bjorneberg

            Committee Secretaries _ Lois Henry, Mary Kirk, Mona Oehlerking, Rena Ortbahn

    Sergeant at Arms _ Dave Bonde

    Assistant Sergeants at Arms _ Tom Dravland, Gary Hoscheid

            Pages _ Ashlynne Beninga, Ellie Krizan, Caroline Moriarty, Sydney Noordsy, Eli Pieper, Amanda Pugh

            Legislative Interns _ Donald Beckwith, Ty Daly, Donovan Fravel, Joshua Haan, Dylan Kirchmeier, Alyssa Mullaney, Ryan Saeger, Ryan G. Sailors, Kelcy Schaunaman

                    Legislative Aide _ Caleb Finck

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


    Sen. Curd moved that the permanent joint rules of the Ninety-first Legislative Session with the recommended changes to those joint rules for the Ninety-second Legislative Session as adopted in March, 2016, be adopted as the temporary joint rules for the Ninety-second Legislative Session.

    The question being on Sen. Curd's motion that the permanent joint rules of the Ninety-first Legislative Session with the recommended changes to those joint rules for the Ninety-second Legislative Session as adopted in March, 2016, be adopted as the temporary joint rules for the Ninety-second Legislative Session.

    And the roll being called:

    Yeas 32, Nays 0, Excused 3, Absent 0

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

    Excused:
Frerichs; Heinert; Russell



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

    Sen. Curd moved that the permanent rules of the Senate for the Ninety-first Legislative Session be adopted as the temporary Senate rules for the Ninety-second Legislative Session.

    The question being on Sen. Curd's motion that the permanent rules of the Senate for the Ninety-first Legislative Session be adopted as the temporary Senate rules for the Ninety-second Legislative Session.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; 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; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Frerichs; Russell

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

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for a Joint Session of the two houses to receive the message of the Governor.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.


    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to the Joint Rules for the Ninety-second Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for legislative days for the members, officers, and employees of the Senate and the House.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of setting the compensation schedule of the elective and appointive officers and employees of the Senate and House for the Ninety-second Legislative Session, pursuant to SDCL 2-5-8, with the full power to act, and that such compensation schedule be filed with the Director of the Legislative Research Council and the State Auditor.

    Which motion prevailed and the President announced as such committee Sens. Greenfield, Curd, and Sutton.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House for the purpose of conferring with the Director of the Legislative Research Council in regard to making arrangements for the distribution of the official directory, Senate and House journals, and bills and other legislative printing for the two houses and the state offices, with the full power to act.

    Which motion prevailed and the President announced as such committee Sens. White, Novstrup, and Heinert.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House relative to securing chaplains for the Ninety-second Legislative Session.

    Which motion prevailed and the President announced as such committee Sens. Otten, Greenfield, and Frerichs.


    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a committee of four on the part of the House for the purpose of arranging a memorial recognition of deceased former members of the Senate and House.

    Which motion prevailed and the President announced as such committee Sens. Cammack, Jensen, and Frerich.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to arrange for a Joint Session of the Senate and House of Representatives to receive a message from the Honorable David Gilbertson, Chief Justice of the Supreme Court.

    Which motion prevailed and the President announced as such committee Sens. Curd, Maher, and Sutton.

    Sen. Curd moved that a committee of three on the part of the Senate be appointed to meet with a like committee on the part of the House to make arrangements for the Joint Session to hear the message from Tribal Chairman Robert Flying Hawk, Yankton Sioux Tribe on the state of the Tribes.

    Which motion prevailed and the President announced as such committee Sens. Curd, Maher, and Heinert.

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 12:30 p.m. on Wednesday, January 11th, the 2nd legislative day.

    Which motion prevailed.

    Unless there is an objection, we will waive the reading of the President's appointment of Standing Committees.

    Hearing no objection, the reading was waived.

    The President announced the appointment of the following standing committees:

     ** Denotes Chair * Denotes Vice-Chair

     Agriculture and Natural Resources (9)
** Cammack, *Klumb, Ewing, Monroe, Otten (Ernie), Soholt, Youngberg, Frerichs, Heinert

Appropriations (9)
**Tidemann, *Wiik, Cronin, Haverly, Partridge, Peters, White, Nesiba, Sutton
    Commerce and Energy (7)
**Jensen (Phil), *Nelson, Kolbeck, Netherton, Novstrup, Tapio, Kennedy

     Education (7)
**Bolin, *Solano, Jensen (Phil), Klumb, Monroe, Soholt, Heinert

     Government Operations and Audit (5)
**Peters, *Cronin, Nelson, Tapio, Sutton

     Health and Human Services (7)
**Soholt, *Tapio, Greenfield (Brock), Jensen (Phil), Klumb, Rusch, Killer

    Judiciary (7)
**Russell, *Rusch, Greenfield (Brock), Langer, Nelson, Netherton, Kennedy

     Legislative Procedure (7)
**Greenfield (Brock), *Haverly, Curd, Novstrup, Langer, Maher, Frerich

     Local Government (7)
**Langer, *Youngberg, Cammack, Ewing, Maher, Nelson, Killer

     Retirement Laws (5)
**White, *Novstrup, Tidemann, Frerichs, Heinert

    State Affairs (9)
**Ewing, *Netherton, Bolin, Curd, Langer, Maher, Novstrup, Heinert, Sutton

Taxation (7)
**Monroe, *Kolbeck, Cammack, Otten (Ernie), Russell, Stalzer, Frerichs

     Transportation (7)
**Otten (Ernie), *Stalzer, Bolin, Curd, Russell, Solano, Frerichs

REPORTS OF JOINT-SELECT COMMITTEES

MR. PRESIDENT:

    Your Joint-Select Committee appointed to notify the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to transmit respectfully reports that the Governor is ready to appear before the Joint Session to deliver his message.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee


    Sen. Curd moved that the report of the Joint-Select Committee relative to notifying the Governor that the Legislature is duly organized and ready to meet in Joint Session to receive any communications he may desire to make be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive the message of the Governor respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:00 p.m., January 10, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court and the elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Governor has been received, the Joint Session be dissolved.

    That the message of the Governor be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Don Haggar    Brock Greenfield
Kent Peterson    R. Blake Curd
Julie Bartling    Billie Sutton
House Committee    Senate Committee

    Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session of the two houses to receive the message of the Governor be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the Chief Justice of the Supreme Court respectfully reports:


    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 11, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Chief Justice has been received, the Joint Session be dissolved.

    That the message of the Chief Justice be printed in the Senate Journal.

Respectfully submitted,    Respectfully submitted,
Lee Qualm    R. Blake Curd
Timothy Johns    Ryan Maher
Spencer Hawley    Billie Sutton
House Committee    Senate Committee

    Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive a message from the Chief Justice of the Supreme Court be adopted.

    Which motion prevailed.

MR. PRESIDENT:

    Your Joint-Select Committee appointed for the purpose of arranging for a Joint Session of the Senate and the House of Representatives to receive a message of the State of the Tribes from a Tribal Chairman, respectfully reports:

    That the Senate and the House convene in Joint Session in the Chamber of the House of Representatives at 1:30 p.m., January 12, 2017.

    That the President of the Senate preside over the Joint Session and that the Secretary of the Senate and the Chief Clerk of the House of Representatives act as clerks of the Joint Session.

    That the Justices of the Supreme Court, the Governor and elective and appointed officials of the state government be invited to attend the Joint Session.

    That when the message of the Tribal Chairman has been received, the Joint Session be dissolved.

    That the message of the Tribal Chairman be printed in the Senate Journal.



Respectfully submitted,    Respectfully submitted,
Lee Qualm    Ryan Maher
Kent Peterson    R. Blake Curd
Spencer Hawley    Troy Heinert
House Committee    Senate Committee

    Sen. Curd moved that the report of the Joint-Select Committee relative to arranging for a Joint Session to receive the state of the Tribes message from a Tribal Chairman be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 1 Introduced by: Senators White, Bolin, and Monroe and Representatives Stevens, Haugaard, and Tieszen at the request of the Interim Substance Abuse Prevention Study Committee

    FOR AN ACT ENTITLED, An Act to revise certain provisions of the prescription drug monitoring program.

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

    SB 2 Introduced by: Senators White, Bolin, and Monroe and Representatives Stevens, Haugaard, and Tieszen at the request of the Interim Substance Abuse Prevention Study Committee

    FOR AN ACT ENTITLED, An Act to require prescribers to access the prescription drug monitoring program database prior to issuing a prescription to certain controlled substances.

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

    SB 3 Introduced by: Senators White, Bolin, and Monroe and Representatives Stevens, Haugaard, and Tieszen at the request of the Interim Substance Abuse Prevention Study Committee

    FOR AN ACT ENTITLED, An Act to make an appropriation to the Department of Health for the administration of a program regarding substance abuse.

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


    SB 4 Introduced by: Senators White and Bolin and Representatives Stevens, Haugaard, and Tieszen at the request of the Interim Substance Abuse Prevention Study Committee

    FOR AN ACT ENTITLED, An Act to require the Board of Pharmacy to report to the Legislature regarding monitoring and use of opioids in the state.

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

    SB 5 Introduced by: Senators Solano, Netherton, and Stalzer and Representatives Campbell and Steinhauer at the request of the Interim Committee on Regulation of Nursing and Assisted Living Beds

    FOR AN ACT ENTITLED, An Act to allow for the redistribution of unused nursing facility bed capacity.

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

    SB 6 Introduced by: Senator Stalzer and Representatives Soli, Campbell, and Steinhauer at the request of the Interim Committee on Regulation of Nursing and Assisted Living Beds

    FOR AN ACT ENTITLED, An Act to revise the review process to determine the need for additional nursing facilities or nursing facility beds and to require a report to the Legislature.

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

    SB 7 Introduced by: Senators Cammack, Frerichs, and Tidemann and Representatives Qualm, Bartling, Duvall, and Rhoden at the request of the Agricultural Land Assessment Implementation and Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to revise the criteria for determining if property is classified as agricultural land for property tax purposes.

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

    SB 8 Introduced by: Senator Rusch at the request of the Code Commission

    FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2016.

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


    SB 9 Introduced by: Senators Wiik, Frerichs, and Rusch and Representative McCleerey at the request of the River Basin Natural Resource District Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to revise the river basin natural resource district boundaries, to establish subdistricts for each district, and to establish a procedure to adjust district boundaries.

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

    SB 10 Introduced by: Senators Wiik, Frerichs, and Rusch and Representative McCleerey at the request of the River Basin Natural Resource District Oversight Advisory Task Force

    FOR AN ACT ENTITLED, An Act to provide for an election in the Red River and Minnesota River Basin Natural Resource District in 2018, to remove certain areas from the East Dakota Water Development District that are contained in that river basin natural resource district, and to provide for elections in the other river basin natural resource districts at a later date.

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

    SB 11 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the State Fair Commission.

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

    SB 12 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to revise certain provisions administered by the Department of Agriculture related to nursery stock, conservation, forestry, and farm mediation.

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


    SB 13 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to repeal certain provisions concerning potato grades and standards.

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

    SB 14 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to make an appropriation from the coordinated natural resources conservation fund to the State Conservation Commission and to declare an emergency.

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

    SB 15 Introduced by: The Committee on Appropriations at the request of the Department of Agriculture

    FOR AN ACT ENTITLED, An Act to make an appropriation for costs related to suppression of wildfires in the state and to declare an emergency.

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

    SB 16 Introduced by: The Committee on State Affairs at the request of the Department of Corrections

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding a violation for an escape from certain facilities, programs, or services located outside the penitentiary.

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

    SB 17 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of a natural resources research and support facility at South Dakota State University, to make an appropriation therefor, and to declare an emergency.

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


    SB 18 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the design, renovation of, and addition to, the Stanley J. Marshall Center on the campus of South Dakota State University and to make an appropriation therefor.

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

    SB 19 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to establish for the Board of Regents and its institutions a fund for the receipt and disbursement of federal grants and contracts and a fund for the receipt and disbursement of other grants and contracts and to make an appropriation therefor.

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

    SB 20 Introduced by: The Committee on Appropriations at the request of the Board of Regents

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning transfers of general appropriations among institutions.

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

    SB 21 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Public Utilities Commission

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to public grain warehouses and grain buyers.

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

    SB 22 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to exempt certain unmanned aircraft systems from the requirement to be registered as aircraft.

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



    SB 23 Introduced by: The Committee on Transportation at the request of the Department of Transportation

    FOR AN ACT ENTITLED, An Act to revise the authority of the Transportation Commission to make loans from the state highway fund to local governments for highway and bridge construction and maintenance purposes.

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

    SB 24 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to classify vehicular homicide as a crime of violence.

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

    SB 25 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to provide for the release of certain booking photographs.

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

    SB 26 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise the state automated victim notification system.

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

    SB 27 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to prohibit certain direct conflicts of interest by public officials and to provide a penalty therefor.

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


    SB 28 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to revise the exceptions to presumptive probation.

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

    SB 29 Introduced by: The Committee on Judiciary at the request of the Office of the Attorney General

    FOR AN ACT ENTITLED, An Act to provide for the use of mobile breath alcohol testing in the 24/7 sobriety program.

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

    SB 30 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding high school equivalency testing.

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

    SB 31 Introduced by: The Committee on Education at the request of the Department of Education

    FOR AN ACT ENTITLED, An Act to revise certain administrative and advisory functions of the State Library and the State Library Board.

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

    SB 32 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the General Appropriations Act for fiscal year 2017.

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


    SB 33 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

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

    SB 34 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to securities held as unclaimed property and to declare an emergency.

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

    SB 35 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the state aid to general education formula.

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

    SB 36 Introduced by: The Committee on Appropriations at the request of the Bureau of Finance and Management

    FOR AN ACT ENTITLED, An Act to revise the time to file certain tax returns and remit certain taxes.

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

    SB 37 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to repeal and revise certain outdated provisions regarding liens.

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


    SB 38 Introduced by: The Committee on Taxation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to revise certain references to the Internal Revenue Code.

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

    SB 39 Introduced by: The Committee on Transportation at the request of the Department of Revenue

    FOR AN ACT ENTITLED, An Act to allow owners to affix vehicle identification numbers on certain trailers.

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

    SB 40 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise the start date of driver license suspension, revocation, and disqualification periods.

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

    SB 41 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain electronic driver license reinstatement requirements.

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

    SB 42 Introduced by: The Committee on Transportation at the request of the Department of Public Safety

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding persons requesting an abstract of their own driver operating record.

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


    SB 43 Introduced by: The Committee on Appropriations at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to make an appropriation to expand intensive methamphetamine treatment services within the Department of Social Services and to declare an emergency.

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

    SB 44 Introduced by: The Committee on Health and Human Services at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to revise the definition of individuals with a serious emotional disturbance.

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

    SB 45 Introduced by: The Committee on Health and Human Services at the request of the Department of Social Services

    FOR AN ACT ENTITLED, An Act to remove an outdated reference from the definition of an accredited prevention or treatment facility.

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

    SB 46 Introduced by: The Committee on Agriculture and Natural Resources at the request of the Department of Environment and Natural Resources

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state geologist.

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

    SB 47 Introduced by: The Committee on Health and Human Services at the request of the Board of Dentistry

    FOR AN ACT ENTITLED, An Act to revise and repeal certain provisions regarding dental corporations.

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


    SB 48 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to provide for the certification of emergency medical responders.

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

    SB 49 Introduced by: The Committee on Health and Human Services at the request of the Department of Health

    FOR AN ACT ENTITLED, An Act to license and regulate freestanding emergency medical care facilities.

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

    SB 50 Introduced by: The Committee on State Affairs at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to authorize the submission of an application for a state innovation waiver regarding health insurance and to declare an emergency.

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

    SB 51 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain references regarding loans and investments for insurance companies.

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

    SB 52 Introduced by: The Committee on Commerce and Energy at the request of the Department of Labor and Regulation

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding federal covered securities.

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

    Sen. Rusch moved that the Senate do now adjourn, which motion prevailed and at 12:51 p.m. the Senate adjourned.

Kay Johnson, Secretary


JOINT SESSION

    Pursuant to the report of the Joint-Select Committee, the Senate convened with the House of Representatives in the House Chamber for the purpose of receiving a message from the Governor, Dennis Daugaard. The President of the Senate, Matt Michels, presided.

    The following prayer was delivered by Pastor John Armstrong, Pierre/Fort Pierre Ministerial Association, Pierre, South Dakota:

     Let us pray:

    Merciful God, at the beginning of this new day, we are grateful as individuals and as a State for all the blessings we have been given.

    We ask Your blessing on the Members of this House and Senate as they come together to serve our State. May they anticipate the opportunities and difficulties that will come before them and work together toward solutions that will benefit those living and visiting our State.

    Grant that they be worthy of the responsibilities they have been given and may these walls experience a spirit of respect and dignity. May Your Spirit be in all of our hearts and minds to encourage us to do works of justice and peace now and always.

    May all that we do be done for Your honor and glory. Amen.

    The Secretary of the Senate, Kay Johnson, called the roll of the Senate and the following members were present:

Bolin; Cammack; Cronin; Curd; Ewing; 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; Tapio; Tidemann; White; Wiik; Youngberg.

    The Chief Clerk of the House of Representatives, Arlene Kvislen, called the roll of the House and the following members were present:

Ahlers; Anderson; Bartels; Bartling; Beal; Bordeaux; Brunner; Campbell; Carson; Chase; Clark; Conzet; Dennert; DiSanto; Duvall; Frye-Mueller; Glanzer; Goodwin; Gosch; Haggar; Haugaard; Hawley; Heinemann; Holmes; Howard; Hunhoff; Jamison; Jensen, Kevin; Johns; Johnson; Kaiser; Karr; Kettwig; Lake; Latterell; Lesmeister; Livermont; Lust; Marty; May; McCleerey; McPherson; Mills; Otten, Herman; Peterson, Kent; Peterson, Sue; Pischke; Qualm; Rasmussen; Reed; Rhoden; Ring; Rounds; Rozum; Schaefer; Schoenfish; Smith; Soli; Steinhauer; Stevens; Tieszen; Tulson; Turbiville; Willadsen; Wismer; Wollmann; York; Zikmund; Speaker Mickelson.

    Sen. Curd moved that a committee of three on the part of the Senate and a committee of four on the part of the House be appointed to escort the Honorable Dennis Daugaard, Governor of the State of South Dakota, to the rostrum.



    Which motion prevailed and the President appointed as such committee Sens. Greenfield, Curd, and Sutton on the part of the Senate and Reps. Qualm, Kent Peterson, Hawley, and Bartling on the part of the House.

    The Sergeant at Arms announced the arrival of the Honorable Dennis Daugaard, who was escorted to the rostrum.

    The Lieutenant Governor, Matt Michels, introduced the Honorable Dennis Daugaard, who delivered the State of the State Address.

    Sen. Curd moved that the Joint Session do now dissolve.

    Which motion prevailed.


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