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Senate Journal 1/24/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




TENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Tuesday, January 24, 2017

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

    The prayer was offered by the Chaplain, Fr. David Hussey, followed by the Pledge of Allegiance led by Senate page Aaron Diekhoff.

    Roll Call: All members present.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

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

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Brock L. Greenfield, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS


January 6, 2017

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

Dear President and Members of the Senate:

    Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have reappointed James C. Roby, Codington County, Watertown, South Dakota, to the South Dakota Building Authority.

    This appointment is effective January 17, 2017, and shall continue until January 18, 2021.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Local Government.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1028 and 1041 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1020 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Lance S. Russell, Chair


Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration SB 60 and HB 1048, 1049, and 1050 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1047 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 55 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 8 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to return herewith SB 8 which has passed the House without change.


Also MR. PRESIDENT:

    I have the honor to transmit herewith HB 1011, 1016, 1017, 1018, 1038, and 1039 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 2: A CONCURRENT RESOLUTION, Supporting the electoral college system.

    Was read the second time.

    Sen. Bolin moved that SCR 2 as found on page 148 of the Senate Journal be adopted.

    The question being on Sen. Bolin's motion that SCR 2 be adopted.

    And the roll being called:

    Yeas 30, Nays 4, Excused 1, Absent 0

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

    Nays:
Frerichs; Heinert; Kennedy; Killer

    Excused:
Sutton

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 2 was adopted.

    SCR 4: A CONCURRENT RESOLUTION, Recognizing and finding that pornography is a public health crisis leading to a broad spectrum of individual and public health impacts and societal harms.

    Was read the second time.



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    Sen. Netherton moved that SCR 4 be amended as follows:

    On page 2, line 20, of the printed resolution, delete "House of Representatives" and insert "Senate".

    On page 2, line 21, delete "Senate" and insert "House of Representatives".

    Which motion prevailed.


    Sen. Netherton moved that SCR 4 as found on page 162 of the Senate Journal be adopted as amended.

    The question being on Sen. Netherton's motion that SCR 4 be adopted as amended.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 4 was adopted as amended.

    SCR 5: A CONCURRENT RESOLUTION, Endorsing the induction of Howard Hunter, Sr. Into the Pro Rodeo Hall of Fame.

    Was read the second time.

    Sen. Heinert moved that SCR 5 as found on page 163 of the Senate Journal be adopted.

    The question being on Sen. Heinert's motion that SCR 5 be adopted.

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0


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

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 5 was adopted.

    SCR 6 Introduced by: Senators Solano, Frerichs, Haverly, Heinert, Killer, Maher, Nesiba, Peters, Rusch, Soholt, Sutton, and Youngberg and Representatives Peterson (Kent), Bartling, Bordeaux, Dennert, Hawley, Hunhoff, Jensen (Kevin), Lesmeister, McCleerey, Mickelson, Rozum, Schoenfish, Soli, Tieszen, Willadsen, and Wismer

        A CONCURRENT RESOLUTION, Commending and recognizing the numerous contributions made by South Dakota's social workers and recognizing March 2017 as Social Work Month.

    WHEREAS, the primary mission of the social work profession is to enhance well-being and help meet the basic needs of all people, especially the most vulnerable in society; and

    WHEREAS, social workers embody this year's Social Work Month theme, "Social Workers Stand Up!," by serving, advocating for, and empowering millions of Americans each day. Social workers also embody the theme of this year's World Social Work Day on March 21, 2017, which is "Promoting Community and Environmental Sustainability," by working with individuals, organizations, and both local and federal government to improve communities and protect the environment; and

    WHEREAS, social work is one of the fastest growing careers in the United States, with almost 650,000 members of the profession. Social workers are in all areas of our society to improve happiness, health and prosperity, including in government, schools, universities, social service agencies, communities, the military, and mental health and health care facilities; and

    WHEREAS, social workers have pushed for decades to ensure equal rights for all, including Native Americans, people with disabilities, ethnic, cultural, and religious groups; and

    WHEREAS, social workers have advocated and continue to advocate for legislation and policies that reduce racial discord, including renewal of the Voting Rights Act, the Violence Against Women Act, the Civil Rights Act, Medicaid, unemployment insurance, workplace safety, and social security benefits; and

    WHEREAS, social workers are the largest group of mental health care providers in the United States, and work daily to help people overcome substance use disorders and mental illnesses such as depression and anxiety; and

    WHEREAS, social workers deploy across the United States and the world, helping people overcome earthquakes, floods, wars, and other disasters, and helping people return to peace and prosperity:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature of the State of South Dakota commends and recognizes the numerous contributions made by South Dakota's social workers; and

    BE IT FURTHER RESOLVED, that the Legislature designates March 2017 as National Social Work Month and calls upon all South Dakotans to join with the National Association of Social Workers, the South Dakota Chapter of Social Workers, and the State of South Dakota in celebration and support of the social work profession.

    Was read the first time, the President waived the referral to committee, and placed SCR 6 on the calendar of Wednesday, January 25th, the 11th legislative day.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    Health and Human Services on SB 48 as found on page 161 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 78 Introduced by: Senators Tidemann, Cammack, Cronin, Ewing, Haverly, Heinert, Killer, Maher, Novstrup, Partridge, Peters, White, and Wiik and Representatives Lake, Bartels, Bartling, Brunner, Chase, Dennert, Duvall, Glanzer, Gosch, Lesmeister, McCleerey, Qualm, Rasmussen, Rounds, Schoenfish, Turbiville, Willadsen, and Wollmann

    FOR AN ACT ENTITLED, An Act to revise provisions regarding election petitions for conservation district supervisors.

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


    SB 79 Introduced by: Senators Haverly, Bolin, Ewing, Frerichs, Greenfield (Brock), Jensen (Phil), Klumb, Langer, Maher, Monroe, Nelson, Netherton, Partridge, Peters, Soholt, Solano, Stalzer, Sutton, Tidemann, White, Wiik, and Youngberg and Representatives Kaiser, Bartling, Brunner, Campbell, Dennert, DiSanto, Glanzer, Gosch, Greenfield (Lana), Haugaard, Howard, Hunhoff, Karr, Latterell, Livermont, Lust, Marty, May, Otten (Herman), Rhoden, Rounds, Schoenfish, Tieszen, Turbiville, and Wollmann

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the display of motorcycle license plates.

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

    SB 80 Introduced by: Senators Rusch, Bolin, Greenfield (Brock), Haverly, Heinert, Kennedy, Maher, Nesiba, Novstrup, Otten (Ernie), Soholt, Solano, White, Wiik, and Youngberg and Representatives Tieszen, Bartling, Haggar, Hawley, Johns, Lesmeister, Lust, McCleerey, Rasmussen, Ring, Willadsen, and Zikmund

    FOR AN ACT ENTITLED, An Act to regulate the use of drones under certain conditions and to provide a penalty therefor.

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

    SB 81 Introduced by: Senators Kolbeck, Bolin, Ewing, Frerichs, Greenfield (Brock), Haverly, Jensen (Phil), Kennedy, Klumb, Langer, Netherton, Otten (Ernie), Partridge, Rusch, Solano, Stalzer, and Tapio and Representatives Willadsen, Chase, Glanzer, Haggar, Haugaard, Holmes, Johns, Lesmeister, Qualm, Soli, and York

    FOR AN ACT ENTITLED, An Act to prohibit the manufacture, sale, or possession of alcohol in a powdered, condensed, or other concentrated form under most circumstances.

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

    SB 82 Introduced by: Senators Peters, Maher, and Tidemann and Representatives Hunhoff, Tieszen, and Willadsen

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the review of juvenile corrections.

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


    SB 83 Introduced by: Senators Solano, Ewing, Nesiba, Partridge, Rusch, Soholt, Stalzer, Tidemann, and Wiik and Representatives Johns, Haugaard, McPherson, Stevens, and Tieszen

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the criteria for informal adjustment for any apparent child in need of supervision.

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

    SB 84 Introduced by: Senators Solano, Ewing, Jensen (Phil), Monroe, Nesiba, Partridge, Rusch, Soholt, Stalzer, Tidemann, and Wiik and Representatives Johns, Haugaard, McPherson, Stevens, and Tieszen

    FOR AN ACT ENTITLED, An Act to provide for the suspension of the probationary period for juvenile probationers under certain conditions.

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

    SB 85 Introduced by: Senators Bolin, Monroe, Nelson, Netherton, Stalzer, and Wiik and Representatives May, Jensen (Kevin), Latterell, Marty, Peterson (Sue), and Rasmussen

    FOR AN ACT ENTITLED, An Act to provide for the exemption of certain students from the requirement to take certain academic assessment tests.

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

    SB 86 Introduced by: Senator Russell

    FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the deposit of county funds.

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

    SB 87 Introduced by: Senators Peters, Cronin, Langer, Netherton, Otten (Ernie), Solano, and Stalzer and Representatives Haggar, Bartling, Hawley, Lake, Rhoden, and Rounds

    FOR AN ACT ENTITLED, An Act to revise and repeal provisions regarding coin operated washers and dryers.

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


    SB 88 Introduced by: Senators Wiik, Greenfield (Brock), Kennedy, Klumb, Kolbeck, Nelson, Netherton, Novstrup, Stalzer, and Tidemann and Representatives Kettwig, Haggar, Hawley, Mills, Reed, Rounds, Steinhauer, and Willadsen

    FOR AN ACT ENTITLED, An Act to revise the definition of an electric transmission facility.

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

    SB 89 Introduced by: Senators Nelson, Greenfield (Brock), Jensen (Phil), Monroe, Russell, and Stalzer and Representatives Goodwin, Brunner, Dennert, DiSanto, Kaiser, Lesmeister, Marty, and May

    FOR AN ACT ENTITLED, An Act to provide certain provisions regarding liability against public entities that prohibit firearms on their premises.

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

    SB 90 Introduced by: Senator Rusch and Representative Stevens

    FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certain prior statements of a witness subject to discovery and to establish the rationale and effect of the repeal.

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

    SJR 1 Introduced by: Senators Nelson, Jensen (Phil), Killer, Russell, and Stalzer and Representatives Kaiser, Dennert, DiSanto, May, and Pischke

    A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to the Constitution of the State of South Dakota relating to the Secretary of Veterans Affairs.

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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1011: FOR AN ACT ENTITLED, An Act to repeal certain provisions related to certification of financial good standing of utilities.

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


    HB 1016: FOR AN ACT ENTITLED, An Act to revise the methodology for calculating the cost of living adjustment for South Dakota Retirement System benefits, to revise reporting conditions, and to provide uniform terminology.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1017: FOR AN ACT ENTITLED, An Act to revise the definition of compensation for purposes of the South Dakota Retirement System, to provide a penalty for falsely reporting compensation, and to update references to the Internal Revenue Code.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1018: FOR AN ACT ENTITLED, An Act to revise the computation of final average compensation for benefits relating to the South Dakota Retirement System.

    Was read the first time and referred to the Committee on Retirement Laws.

    HB 1038: FOR AN ACT ENTITLED, An Act to repeal the requirement for farm corporations to file farm annual reports with the secretary of state.

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

    HB 1039: FOR AN ACT ENTITLED, An Act to authorize certain rule making authority for the State Board of Finance.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    Sen. Peters requested that SB 49 be removed from the Consent Calendar.

    HB 1006: FOR AN ACT ENTITLED, An Act to revise certain requirements for a public notice of a public meeting.

    Was read the second time.

    The question being “Shall HB 1006 pass?”

    And the roll being called:


    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the 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 59: FOR AN ACT ENTITLED, An Act to delay the effective date for initiated measures and referred laws.

    Was read the second time.

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    Sen. Sutton moved that SB 59 be amended as follows:

    On page 1, line 7, of the Senate State Affairs Committee engrossed bill, delete "July" and insert "January".

    Sen. Sutton requested a roll call vote.

    Which request was supported.

    The question being on Sen. Sutton's motion that SB 59 be amended.

    And the roll being called:

    Yeas 7, Nays 28, Excused 0, Absent 0

    Yeas:
Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Sutton

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


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

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    Sen. Sutton moved that SB 59 be amended as follows:

    On page 1, after line 8 of the Senate State Affairs Committee engrossed bill, insert:

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

    A legislator may only propose an amendment or repeal of an initiated measure after the initiated measure is effective pursuant to section 1 of this Act.".

    Sen. Sutton requested a roll call vote.

    Which request was supported.

    The question being on Sen. Sutton's motion that SB 59 be amended.

    And the roll being called:

    Yeas 9, Nays 26, Excused 0, Absent 0

    Yeas:
Bolin; Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Russell; Sutton

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

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

    The question being “Shall SB 59 pass as amended?”

    And the roll being called:

    Yeas 28, Nays 7, Excused 0, Absent 0


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

    Nays:
Frerichs; Heinert; Kennedy; Killer; Nelson; Nesiba; Sutton

    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 17: 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 second time.

    The question being “Shall SB 17 pass as amended?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Solano

    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 18: 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 second time.

    The question being “Shall SB 18 pass as amended?”

    And the roll being called:

    Yeas 29, Nays 5, Excused 1, Absent 0



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

    Nays:
Maher; Monroe; Nelson; Russell; Youngberg

    Excused:
Solano

    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 62: FOR AN ACT ENTITLED, An Act to correct the county boundary description for Mellette County.

    Was read the second time.

    The question being “Shall SB 62 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the 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 7: 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 second time.

    The question being “Shall SB 7 pass?”

    And the roll being called:

    Yeas 30, Nays 5, Excused 0, Absent 0


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

    Nays:
Cronin; Ewing; Monroe; Novstrup; Peters

    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 57: FOR AN ACT ENTITLED, An Act to authorize the operation of a nursing home facility in Eagle Butte, South Dakota, and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 57 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the 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 30: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding high school equivalency testing.

    Was read the second time.

    The question being “Shall SB 30 pass?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0


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

    Excused:
Partridge

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

    Was read the second time.

    The question being “Shall SB 1 pass?”

    And the roll being called:

    Yeas 35, Nays 0, Excused 0, Absent 0

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

    So the 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 4: 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 second time.

    The question being “Shall SB 4 pass?”

    And the roll being called:

    Yeas 34, Nays 1, Excused 0, Absent 0


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

    Nays:
Monroe

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

    Was read the second time.

    The question being “Shall SB 44 pass?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, 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; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Frerichs; Heinert

    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 27: 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 second time.


27da

    Sen. Rusch moved that SB 27 be amended as follows:

    On page 1 of the printed bill, delete line 10.

    On page 1, line 11, delete everything before "Any" .

    Sen. Peters requested that Joint Rule 5-17 be invoked on SB 27.

    Which request was supported and SB 27 with Sen. Rusch's pending motion to amend was deferred until Thursday, January 26th, the 12th legislative day.

    There being no objection, the Senate reverted to Order of Business No. 7.

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1069 which has passed the House and your favorable consideration is respectfully requested.

Respectfully,
Arlene Kvislen, Chief Clerk

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1069: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions related to campaign finance and to declare an emergency.

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

SIGNING OF BILLS

    The President publicly read the title to

    SB 8: FOR AN ACT ENTITLED, An Act to codify legislation enacted in 2016.

    And signed the same in the presence of the Senate.



    Sen. Cronin moved that the Senate do now adjourn, which motion prevailed and at 4:02 p.m. the Senate adjourned.

Kay Johnson, Secretary

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