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Senate Journal 2/16/2017 01:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




TWENTY-FOURTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 16, 2017

    The Senate convened at 1:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. Mercy Hobbs, followed by the Pledge of Allegiance led by Senate pages Sydney Powers and Eli Van Horn.

    Roll Call: All members present except Sen. Partridge 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-third day.

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

    And we hereby move the adoption of the report.

Respectfully submitted,
Brock L. Greenfield, Chair

    Which motion prevailed.
COMMUNICATIONS AND PETITIONS

February 15, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 15, 2017, I approved Senate Bill 26, and the same has been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 171 and returns the same with the recommendation that said bill be amended as follows:

171fb

    On page 1, line 9, of the printed bill, delete "thirteen".

    On page 2, line 1, delete "one member" and insert "two members".

    On page 2, line 2, delete "one member" and insert "two members".

    On page 2, line 5, delete "two members" and insert "one member".

    On page 2, line 6, delete "two members who have" and insert "one member who has".

    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 SCR 7 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Bob Ewing, Chair


Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration HB 1095 and returns the same with the recommendation that said bill be amended as follows:

1095ka

    On page 1, line 9, of the House Agriculture and Natural Resources Committee engrossed bill, delete "waters" and insert "a man-made water body".

    On page 1, line 10, before "water" insert "bed of the".

    And that as so amended said bill do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Agriculture and Natural Resources respectfully reports that it has had under consideration SB 133 which was tabled.

Respectfully submitted,
Gary L. Cammack, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1045 and 1060 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 1061 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 Judiciary respectfully reports that it has had under consideration SB 28 and returns the same with the recommendation that said bill do pass.


Also MR. PRESIDENT:

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

117wa

    On page 1 of the printed bill, delete lines 11 to 15, inclusive.

    On page 2, delete lines 1 to 10, inclusive.

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

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

167da

    On page 1, line 13, of the printed bill, after ";" delete "or".

    On page 1, line 14, after "dies" insert "; or

            (6)    Any funeral or burial arrangements have been made and the time, place, and date for any ceremony, procession, or memorial to be held in connection with the burial or cremation of the deceased, protected person".

    And that as so amended said bill do pass.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration SB 168 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration SB 126 which was deferred to the 41st Legislative Day.

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 46 and 48 and finds the same correctly enrolled.

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that SB 61 was delivered to his Excellency, the Governor, for his approval at 10:05 a.m., February 16, 2017.

Respectfully submitted,
Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1116 and 1174 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 46 which has passed the House without change.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SENATE PAGE RESOLUTION 3 Introduced by: Senators Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield, Brock; Haverly; Heinert; Jensen, Phil; Kennedy; Killer; Klumb, Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup, Al; Otten, Ernie; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

        A RESOLUTION, Expressing the appreciation and gratitude of the Senate of the Ninety-second Legislature of the State of South Dakota to 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.

    WHEREAS, the above named served loyally as pages for the Senate of the Ninety-second Legislative Session; and



    WHEREAS, the members of the Ninety-second Senate express their most sincere appreciation to these young people for their service to the state; and

    WHEREAS, the members extend to these young people their wishes for every success in life:

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-second Legislature of the State of South Dakota, that a personal copy of this resolution be duly certified and furnished to each page on this last day of service.

    Sen. Monroe moved that Senate Page Resolution 3 be adopted.

    The question being on Sen. Monroe's motion that Senate Page Resolution 3 be adopted.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; 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:
Jensen (Phil); Partridge

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

    HCR 1007: A CONCURRENT RESOLUTION, Strengthening and expanding sister-state ties between South Dakota and Taiwan; supporting the signing of a Free Trade Agreement (FTA) and a Bilateral Investment Agreement (BIA) with the United States; and reaffirming support for increasing Taiwan's international profile.

    Was read the second time.

    Sen. Cammack moved that the Senate do concur in HCR 1007 as found on page 269 of the House Journal.

    The question being on Sen. Cammack's motion that HCR 1007 be concurred in.

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0


    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; 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:
Jensen (Phil); Partridge

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1007 was concurred in.

    Sen. Curd moved that SB 85, 174, and 163 be deferred to Tuesday, February 21st, the 25th legislative day.

    Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

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

    State Affairs on SB 124 as found on page 396 of the Senate Journal; also

    State Affairs on SB 135 as found on page 396 of the Senate Journal; also

    State Affairs on SB 139 as found on page 397 of the Senate Journal; also

    Taxation on SB 142 as found on page 390 of the Senate Journal; also

    Health and Human Services on SB 147 as found on page 394 of the Senate Journal; also

    Local Government on SB 166 as found on page 392 of the Senate Journal; also

    Judiciary on SB 95 as found on page 392 of the Senate Journal; also

    Judiciary on SB 144 as found on page 393 of the Senate Journal be adopted.

    Which motion prevailed.


CONSIDERATION OF EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive appointment of Quentin L. Riggins of Pennington County, Rapid City, South Dakota, to the South Dakota Ellsworth Development Authority.

    The question being “Does the Senate advise and consent to the executive appointment of Quentin L. Riggins pursuant to the executive message as found on page 320 of the Senate Journal?”

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; 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:
Heinert; Partridge

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

    The Senate proceeded to the consideration of the executive reappointment of the Honorable John Bastian of Butte County, Belle Fourche, South Dakota , to the State Board of Regents.

    The question being “Does the Senate advise and consent to the executive reappointment of the Honorable John Bastian pursuant to the executive message as found on page 32 of the Senate Journal?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Partridge



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

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1116: FOR AN ACT ENTITLED, An Act to revise certain standards for new construction where a building code ordinance has not been adopted.

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

    HB 1174: FOR AN ACT ENTITLED, An Act to revise certain provisions concerning how stop lamps shall be mounted and displayed on vehicles and trailers.

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

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

    The Senate proceeded to the consideration of the executive reappointment of Myron L. Rau to the South Dakota Board of Pardons and Parole.

    The question being “Does the Senate advise and consent to the executive reappointment of Myron L. Rau pursuant to the executive message as found on page 128 of the Senate Journal?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

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

    Excused:
Partridge

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


SECOND READING OF CONSENT CALENDAR ITEMS

    Pursuant to Senate Rule 6-1, the President removed HB 1091 from the Consent Calendar.

    HB 1066: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding permits for the sale of certain trailers, motorcycles, and other vehicles.

    Was read the second time.

    The question being “Shall HB 1066 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); 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.

    HB 1136: FOR AN ACT ENTITLED, An Act to revise certain election recount provisions.

    Was read the second time.

    The question being “Shall HB 1136 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); 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.

    HB 1161: FOR AN ACT ENTITLED, An Act to repeal the requirement for certain township, municipal, and school district fiscal reports to be submitted to county auditors.

    Was read the second time.

    The question being “Shall HB 1161 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.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 143: FOR AN ACT ENTITLED, An Act to create an off-sale delivery license and to allow certain off-sale licensees to deliver alcohol.

    Was read the second time.

    The question being “Shall SB 143 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); 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 149: FOR AN ACT ENTITLED, An Act to provide certain protections to faith-based or religious child-placement agencies.

    Was read the second time.

149ca

    Sen. Solano moved that SB 149 be amended as follows:

    On page 4, line 5 of the printed bill, after "." insert "Due regard shall be afforded to the Indian Child Welfare Act (25 U.S.C. §§ 1901-1963), as amended to January 1, 2017, if that Act is applicable.".

    On page 4, line 19, after ";" insert "and".

    On page 4, line 20, delete everything after "(3)" and insert "Any other relief authorized by law.".

    On page 4, delete lines 21 and 22.

    Sen. Sutton requested that Joint Rule 5-17 be invoked on SB 149.

    Which request was supported and SB 149 with Sen. Solano's pending motion to amend was deferred until Wednesday, February 22nd, the 26th legislative day.

    SB 138: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding asbestos bankruptcy trust claims.

    Was read the second time.

138wc

    Sen. Stalzer moved that SB 138 be amended as follows:

    On the Senate Judiciary Committee engrossed 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)    "Asbestos," chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, or any of these minerals that have been chemically treated or altered, including any mineral defined as asbestos in 29 C.F.R. § 1910 at the time an asbestos action is filed;

            (2)    "Asbestos action," a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term does not include a claim for workers' compensation or veterans' benefits;

            (3)    "Asbestos trust," a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. § 524(g) or 11 U.S.C. § 1121(a) or any other law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos;

            (4)    "Plaintiff," any person who brings an asbestos action, including a personal representative for any asbestos action that is brought by an estate, or a conservator or next friend for any asbestos action that is brought on behalf of a minor or a legally incapacitated person;

            (5)    "Trust claims material," any final executed proof of claim, any other document or information submitted to an asbestos trust, including a claim form or supplementary material, affidavit, deposition or trial testimony, work history, medical or health record, document reflecting the status of a claim against an asbestos trust, or if the trust claim has settled, any document submitted to or received from an asbestos trust relating to the settlement of the trust claim; and

            (6)    "Trust governance document," any document that relates to eligibility or payment levels, including a claims payment matrix, trust distribution procedure, or plan for reorganization, for an asbestos trust;

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

    Not more than one hundred twenty days prior to the date set for trial for each asbestos action filed in this state, the plaintiff shall provide each party with a sworn statement identifying any asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf, including a claim regarding asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust.
    Section 3. That the code be amended by adding a NEW SECTION to read:

    For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement under section 2 of this Act, the statement shall include:

            (1)    The name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend, or toll the claim; and

            (2)    An attestation from the plaintiff, under penalty of perjury, that the sworn statement is complete and based on a good faith investigation of any potential claim against an asbestos trust.

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

    The plaintiff shall make available to each party any trust claims material for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease. The plaintiff shall supplement the information and material provided pursuant to this section within ninety days after the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information or material related to any claim or potential claim against an asbestos trust. Failure by the plaintiff to make available to all parties any trust claims material required under this section constitutes grounds for the court to extend the trial date in an asbestos action.

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

    Every trust claims material or trust governance document is presumed to be relevant and authentic and is admissible in evidence. Claims of privilege do not apply to any trust claims material or trust governance document. A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information or material sought by a defendant.

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

    A court shall stay an asbestos action if the court finds that the plaintiff has failed to make any disclosure required under this Act within one hundred twenty days before the trial date. If, in any disclosure required under this Act, a plaintiff identifies a potential asbestos trust claim, the judge may stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material for the claim. The plaintiff shall also state whether there has been a request to defer, delay, suspend, or toll the claim against the asbestos trust.


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

    If, not less than ninety days before trial, a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff may file, the defendant shall confer with the plaintiff regarding any additional asbestos trust claim that may be filed by the plaintiff. The defendant may move the court for an order to require the plaintiff to file any additional asbestos trust claim following the meeting under this section. The defendant shall produce or describe any documentation the defendant possesses or of which the defendant is aware in support of the motion.

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

    Within ten days following receipt of the defendant's motion under section 7 of this Act, the plaintiff shall for each asbestos trust claim identified by the defendant:

            (1)    File the asbestos trust claim;
            (2)    File a written response with the court setting forth any reason why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or
            (3)    File a written response with the court requesting a determination that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.

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

    If the court determines that there is sufficient basis for the plaintiff to file an additional asbestos trust claim identified by the defendant pursuant to section 7 of this Act, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material within thirty days before the trial date. If the court determines that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion under section 7 of this Act exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides each party with a verified statement of the plaintiff's history of exposure, usage, or any other connection to asbestos covered by the asbestos trust.

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

    If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered relevant and admissible evidence.

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

    A plaintiff who fails to provide any information required under this Act is subject to a sanction as provided in the South Dakota Rules of Civil Procedure and any other relief for a defendant that the court considers just and proper.


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

    This Act applies to any asbestos action filed on or after July 1, 2017."

    Sen. Peters requested that Joint Rule 5-17 be invoked on SB 138.

    Which request was supported and SB 138 with Sen. Stalzer's pending motion to amend was deferred until Wednesday, February 22nd, the 26th legislative day.

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1127: FOR AN ACT ENTITLED, An Act to revise the procedure for a deployed military service member to renew a concealed carry permit

    Was read the second time.

1127kb

    Sen. Nelson moved that HB 1127 be amended as follows:

    On page 1, line 12, of the House State Affairs Committee engrossed bill, after "deployment" insert "if available for disclosure".

    On page 1, line 13, delete "dates of" and insert "fact the holder is unable to return to the state to renew".

    On page 1, line 14, delete "deployment".

    Which motion prevailed.

    The question being “Shall HB 1127 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); 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.

    HB 1013: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the payment of tuition for members of the South Dakota National Guard and to declare an emergency.

    Was read the second time.

    The question being “Shall HB 1013 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); Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

    Excused:
Partridge

    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.

    There being no objection, the Senate reverted to Order of Business No. 8.

MOTIONS AND RESOLUTIONS

    Sen. Greenfield (Brock) moved that HB 1052 be referred from the Committee on Commerce and Energy to the Committee on Local Government.

    Which motion prevailed.


SIGNING OF BILLS

    The President publicly read the title to

    SB 46: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the state geologist.

    SB 48: FOR AN ACT ENTITLED, An Act to provide for the certification of emergency medical responders.

    HB 1055: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the need for a driver license or permit to operate certain motor vehicles.

    And signed the same in the presence of the Senate.

COMMEMORATIONS

    SC 26 Introduced by: Senators Rusch, Cammack, Greenfield (Brock), Kennedy, Klumb, Kolbeck, Langer, Maher, Nesiba, Tidemann, and Wiik and Representatives Ring, Clark, Dennert, Holmes, Rasmussen, Rhoden, Wiese, and York

        A LEGISLATIVE COMMEMORATION, Congratulating Anneliese Taggart of Vermillion, South Dakota, on the extraordinary honor of winning the 2017 Prudential Spirit of Community Award.

    WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities;

    WHEREAS, Ms. Taggart, who is sixteen years of age, generously gave her time and energy to her community by starting a free gymnastics program for special needs children in her community, met with special education teachers at local elementary schools to discuss the idea, developed a plan and schedule for the class, and sent letters to the parents of every special needs student in her school district; and

    WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Ms. Taggart who use their considerable talents and resources to serve others:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes and congratulates Anneliese Taggart as a recipient of a Prudential Spirit of Community Award and for her outstanding record of volunteer service, peer leadership, and community spirit.


    SC 27 Introduced by: Senators Kolbeck, Klumb, and Rusch and Representatives Mickelson and Peterson (Sue)

        A LEGISLATIVE COMMEMORATION, Congratulating Donnie Stoltz of Sioux Falls, South Dakota, on the extraordinary honor of winning a 2017 Prudential Spirit of Community Award.

    WHEREAS, this prestigious award, presented by Prudential Financial in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities;

    WHEREAS, Mr. Stoltz, who is thirteen years of age, generously gave his time and energy to his community by collecting sports equipment for children in need and clothes for a domestic abuse shelter, providing toys and books to homeless children, gathering Halloween costumes for young Native American children to use, and raising money to rebuild a playground; and

    WHEREAS, the success of the State of South Dakota, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Mr. Stoltz who use their considerable talents and resources to serve others:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the Legislature recognizes and congratulates Donnie Stoltz as a recipient of a Prudential Spirit of Community Award and for his outstanding record of volunteer service, peer leadership, and community spirit.

    Sen. Peters moved that the Senate do now adjourn, which motion prevailed and at 2:10 p.m. the Senate adjourned.

Kay Johnson, Secretary


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