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Senate Journal 2/23/2017 02:00 PM

JOURNAL OF THE SENATE

NINETY-SECOND SESSION




TWENTY-SEVENTH DAY




STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Thursday, February 23, 2017

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

    The prayer was offered by the Chaplain, Pastor John Fette, followed by the Pledge of Allegiance led by Senate page Amber Buskness.

    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 twenty-sixth 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 12, 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 Section 42-7A-17 of the South Dakota Codified Laws and subject to your consent, I have the honor to inform you that I have appointed William Shorma, of Union County, Dakota Dunes, South Dakota, to the South Dakota Lottery Commission.

    This appointment is effective immediately, and shall continue until January 1, 2019.

Sincerely,
Dennis Daugaard
Governor

    The President announced the referral of the appointment to the Committee on Commerce and Energy.

February 23, 2017

Mr. President and Members of the Senate:

    I have the honor to inform you that on February 23, 2017, I approved Senate Bills 46, 48, 61, and 65, and the same have been deposited in the office of the Secretary of State.

Respectfully submitted,
Dennis Daugaard
Governor


REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Education respectfully reports that it has had under consideration HB 1122 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jim Bolin, Chair

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1068 and 1083 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 1059 and 1080 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Judiciary respectfully reports that it has had under consideration HB 1065 and returns the same with the recommendation that said bill be amended as follows:

1065wa

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

"    Section 1. That § 37-11-4 be amended to read:

    37-11-4. All persons interested in a business described in § 37-11-1 at any time shall be at all times liable for any contracts or obligations incurred while they were so interested and in addition shall be liable for all contracts and obligations incurred prior to the filing of a verified statement showing that they are no longer interested. "



1065wta

    On page 1, line 1, of the printed bill, delete "repeal" and insert "revise".

    And that as so amended said bill do pass.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1097 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration the nomination of James E. Putnam of Douglas County, Armour, South Dakota, to the South Dakota Lottery Commission and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment.

Also MR. PRESIDENT:

    The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1116 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 12, 13, 64, 73, and 146 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair


MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1063, 1074, 1107, 1117, 1133, 1141, 1143, 1149, 1155, 1159, 1170, 1179, and 1211 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to return herewith SB 12, 13, 64, 73, and 146 which have passed the House without change.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that SB 93 and 55 were lost for failure to be placed on the House calendar.

Also MR. PRESIDENT:

    I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1127.

Respectfully,
Arlene Kvislen, Chief Clerk

MOTIONS AND RESOLUTIONS

    SCR 12: A CONCURRENT RESOLUTION, Expressing support for the continuation of the Perkins Loan Program and urging Congress to take immediate action to permanently reauthorize the program, in its entirety and in its original form.

    Was read the second time.

    Sen. Novstrup moved that SCR 12 as found on page 498 of the Senate Journal be adopted.

    The question being on Sen. Novstrup's motion that SCR 12 be adopted.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0


    Yeas:
Bolin; Cammack; 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

    Excused:
Cronin

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 12 was adopted.

    HCR 1008: A CONCURRENT RESOLUTION, Urging Congress to develop a funding formula for the United States Department of Health and Human Services and the Indian Health Service that accurately reflects the true needs of various Indian Health Service regions.

    Was read the second time.

    Sen. Heinert moved that the Senate do concur in HCR 1008 as found on page 499 of the House Journal.

    The question being on Sen. Heinert's motion that HCR 1008 be concurred in.

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; 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

    Excused:
Cronin

    So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and HCR 1008 was concurred in.

    SCR 13 Introduced by: Senators Kennedy, Frerichs, Heinert, Killer, Maher, Nesiba, and Sutton and Representatives Marty, Lesmeister, Livermont, May, and Smith

        A CONCURRENT RESOLUTION, To require the payment into the federal oil spill liability trust fund for the Keystone One Pipeline and the Keystone XL Pipeline and to recognize dilbit as oil.

    WHEREAS, the Keystone One Pipeline carries 550,000 barrels per day of tar sands oil (also known as dilbit) and if completed the Keystone XL Pipeline will potentially carry 830,000 barrels per day of tar sands oil across the state of South Dakota; and

    WHEREAS, in 1990, after the Exxon Valdez Oil Spill, it became clear that in order to protect our country's environment, the issue of oil spill cleanups and procedures needed to be addressed. The federal oil spill liability trust fund was established with the purpose of providing the funding for this protection; and

    WHEREAS, the Internal Revenue Service ruled that tar sands oil imported into the United States is exempt from the federal oil spill liability trust fund tax because it is synthetic petroleum and not oil; and

    WHEREAS, in 2015 the National Academies of Sciences determined that American oil spill procedures are inadequate to deal with tar sands and dilbit oil spills; and

    WHEREAS, critics assert that pipelines carrying tar sands oil pose a special risk, compared to other crude oils, because the tar sands oil operates at a higher temperature which has been linked to increased corrosion; and

    WHEREAS, these pipelines have to flow at higher pressures (1440psi) which increase the risk of ruptures. The Natural Resources Defense Council notes that pipelines in the upper Midwest that routinely carry oil from tar sands have spilled 3.6 times more oil per pipeline mile than the United States average; and

    WHEREAS, the owners of the Keystone One Pipeline and the potential Keystone XL Pipeline have given their word that they will pay for any tar sands oil cleanup required from a spill; however, there is no bond requirement to provide such assurance; and

    WHEREAS, the United States Senate passed a Sense of the Senate resolution that stated the eight cents per barrel federal oil spill liability trust fund tax should be paid by pipelines carrying dilbit oil; and

    WHEREAS, it is especially concerning to the residents of South Dakota that the potentially hazardous dilbit oil is pumped across our state with no assurances as to who will pay for any potential cleanups that may be necessary:

    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 Congress be hereby requested to preserve and protect our land by requiring the federal government to recognize dilbit as oil and require payment into the federal oil spill liability trust fund for the Keystone One Pipeline and the Keystone XL Pipeline, and that copies of this resolution be forwarded to the South Dakota congressional delegation and to the President of the United States.

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


    SCR 14 Introduced by: Senators Frerichs, Greenfield (Brock), Haverly, Heinert, Killer, Nesiba, Rusch, Russell, Sutton, Tapio, and Wiik and Representatives Bartling, Anderson, Beal, Brunner, Chase, Dennert, Glanzer, Gosch, Hawley, Lesmeister, McCleerey, Otten (Herman), Qualm, Ring, Schaefer, Schoenfish, Smith, Soli, Wismer, and Zikmund

        A CONCURRENT RESOLUTION, Urging the Governor to fuel the state fleet with premium E-30 fuel.

    WHEREAS, current literature incorrectly claims premium E-30 damages standard auto engines; and

    WHEREAS, most standard auto owners actually report better performance when fueling with premium E-30, including better than or equivalent mileage per gallon and greater power; and

    WHEREAS, these reports have been validated in studies like the E-30 Challenge conducted by Glacial Lakes Energy; and

    WHEREAS, thousands of standard auto owners save money daily fueling with premium E-30; and

    WHEREAS, premium E-30 reduces harmful emissions leading to cleaner air quality; and

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

    WHEREAS, rural economies are the backbone for both the South Dakotan and American economy; and

    WHEREAS, premium E-30 is better for vehicle performance, rural economies, the American economy, the environment, and public health; and

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

    NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Second Legislature of the State of South Dakota, the House of Representatives concurring therein, that the Legislature urges the Governor to fuel the state fleet with premium E-30 fuel.

    Was read the first time, the President Pro Tempore waived the referral to committee, and placed SCR 14 on the calendar of Friday, February 24th, the 28th legislative day.


    SCR 15 Introduced by: Senators Tapio, Curd, Jensen (Phil), Langer, Maher, Nelson, Novstrup, and Russell and Representatives Dennert, Brunner, Campbell, Goodwin, Greenfield (Lana), Haugaard, Jensen (Kevin), Kaiser, Livermont, Marty, May, Pischke, and Qualm

        A CONCURRENT RESOLUTION, Expressing a lack of confidence in the refugee resettlement program.

    WHEREAS, America is the beacon of hope and freedom for those living in fear and tyranny around the world; and

    WHEREAS, America is an open and pluralist society guided by the rule of law; and

    WHEREAS, America recognizes the sovereignty of each person and constitutionally protects each person's God-given freedom to think, believe, speak, and act according to each person's own conscience, without fear of retribution, punishment, or death, so long as the exercise of those freedoms do not impede upon another's freedom; and

    WHEREAS, these freedoms are so important, the United States Constitution provides the right to bear arms in order to protect those freedoms; and

    WHEREAS, America has welcomed more legal immigrants and refugees than any country in the world, and continues to welcome immigrants and refugees who agree with those freedoms guaranteed in the United States Constitution; and

    WHEREAS, the State of South Dakota has a long history of accepting immigrants and refugees from around the world; and

    WHEREAS, the State of South Dakota has ceded the state's authority and has no direct influence on the implementation or administration of the refugee resettlement program; and

    WHEREAS, the United Nations, the United States Department of State, and an unelected nonprofit organization is solely responsible for implementing the refugee resettlement program, and for assessing the impact the program has on South Dakota towns and communities, leaving the citizens of South Dakota without a proper avenue to petition the government regarding the refugee resettlement program; and

    WHEREAS, citizens of South Dakota do not have access to information regarding the financial impact on state and local governments regarding police and fire departments, the criminal justice system, education system, health care system , and other social services and welfare benefits; and

    WHEREAS,  the societal impact of accepting refugees from countries where ninety-eight percent of females undergo forced female genital mutilation, where practices of honor killings and dancing chai boys exist, and where other cultural practices antithetical to freedom and liberty are exercised is unknown; and

    WHEREAS, refugees and their children have been involved in terrorist attacks domestically and have joined ISIS and other known terrorist organizations around the world; and

    WHEREAS, refugees are being accepted from countries that impose the death penalty for laws of apostasy and laws of blasphemy, and these laws and beliefs are not compatible with the United States Constitution, the freedom of religion, the freedom of speech, and a pluralist, open, peaceful society:

    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 South Dakota Legislature, having legitimate concerns about the refugee resettlement program and the vetting process, and having further concerns about the ability of the vetting process to protect the safety of American citizens and the United States Constitution, offer a vote of no confidence in the refugee resettlement program, and the administration thereof.

    BE IT FURTHER RESOLVED, that the South Dakota Legislature recommends that our United States Congressional Delegation, in conjunction with the Trump Administration, pursue a policy of extreme vetting for the above considerations.

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


    Sen. Curd moved that HB 1010 be placed to precede SB 33 on today's calendar.

    Which motion prevailed.

    Sen. Curd moved that SB 94 be placed to follow SB 151 on today's calendar.

    Which motion prevailed.

    Sen. Curd moved that when we adjourn today, we adjourn to convene at 1:00 p.m. on Friday, February 24th, the 28th 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 151 as found on page 493 of the Senate Journal; also

    State Affairs on SB 176 as found on page 464 of the Senate Journal; also


    State Affairs on SB 54 as found on page 468 of the Senate Journal be adopted.

    Which motion prevailed.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1063: FOR AN ACT ENTITLED, An Act to repeal certain provisions relating to the payment of special assessments.

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

    HB 1074: FOR AN ACT ENTITLED, An Act to provide for limits on certain out-of-state contributions to ballot question committees.

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

    HB 1107: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the approval by the governing board of licenses for alcoholic beverages.

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

    HB 1117: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding golf carts on state highways.

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

    HB 1133: FOR AN ACT ENTITLED, An Act to require each school district to adopt a policy to provide for students with specific learning disabilities.

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

    HB 1141: FOR AN ACT ENTITLED, An Act to provide for a legislative task force to consider certain legislation proposed to revise provisions regarding the initiative and referendum process in South Dakota.

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

    HB 1143: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding underage prostitution.


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

    HB 1149: FOR AN ACT ENTITLED, An Act to revise the tax on certain telecommunication services and devices.

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

    HB 1155: FOR AN ACT ENTITLED, An Act to revise the penalty for aggravated assault with the intent to disfigure the victim.

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

    HB 1159: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the regulation of commercial breeding operations.

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

    HB 1170: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding conflicts of interest for authority, board, or commission members.

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

    HB 1179: FOR AN ACT ENTITLED, An Act to revise certain provisions related to exemptions from licensure for nonresidential mortgage loans.

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

    HB 1211: FOR AN ACT ENTITLED, An Act to provide for a grace period after the expiration of a permit and a warning ticket for carrying a concealed pistol while in possession of an expired permit.

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

SECOND READING OF CONSENT CALENDAR ITEMS

    HB 1110: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding school bus stop violations.

    Was read the second time.



    The question being “Shall HB 1110 pass?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; 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

    Excused:
Cronin

    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 1098: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the notice requirements of county commissions in authorizing installation of utility lines along and across highways.

    Was read the second time.

    The question being “Shall HB 1098 pass as amended?”

    And the roll being called:

    Yeas 34, Nays 0, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; 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

    Excused:
Cronin

    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.

    There being no objection, the Senate proceeded to Order of Business No. 14.


SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1010: FOR AN ACT ENTITLED, An Act to authorize the Board of Regents to contract for the construction of the NSU Regional Science Education Center at Northern State University and to make an appropriation therefor.

    Was read the second time.

    The question being “Shall HB 1010 pass 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 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. 13.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS


    SB 33: FOR AN ACT ENTITLED, An Act to revise the state aid to special education formula.

    Was read the second time.

    The question being “Shall SB 33 pass?”

    And the roll being called:

    Yeas 32, Nays 2, Excused 1, Absent 0

    Yeas:
Bolin; Cammack; 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; Soholt; Solano; Stalzer; Sutton; Tapio; White; Wiik; Youngberg


    Nays:
Russell; Tidemann

    Excused:
Cronin

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

    Was read the second time.

    The question being “Shall SB 35 pass?”

    And the roll being called:

    Yeas 31, Nays 3, Excused 1, Absent 0

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

    Nays:
Nelson; Russell; Tidemann

    Excused:
Cronin

    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 134: FOR AN ACT ENTITLED, An Act to prohibit the expenditure of certain public school resources for political purposes and to provide a penalty therefor.

    Was read the second time.

134bb

    Sen. Russell moved that SB 134 be amended as follows:

    On page 1, line 5, of the Senate Education Committee engrossed bill, delete "resources, including" and insert "employee".

    On page 1, line 6, after "to" insert "initiate communications intended to".

    On page 1, line 10, after "fund." insert "This section does not apply to a member of a public school board, a public school superintendent, or a public school administrator.".

    On page 1, line 14, after "including" insert "reasonable".

    On page 1, line 14, after "." insert "All cases for each violation of this Act shall be consolidated into a single action.".

    Which motion prevailed.

    The question being “Shall SB 134 pass as amended?”

    And the roll being called:

    Yeas 8, Nays 27, Excused 0, Absent 0

    Yeas:
Greenfield (Brock); Jensen (Phil); Maher; Monroe; Nelson; Netherton; Russell; Stalzer

    Nays:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Langer; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

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

    SB 104: FOR AN ACT ENTITLED, An Act to protect certain easement holders and rural customers from shutoffs by certain energy companies.

    Was read the second time.

    The question being “Shall SB 104 pass as amended?”

    And the roll being called:

    Yeas 31, Nays 3, Excused 1, Absent 0


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

    Nays:
Monroe; Netherton; Tapio

    Excused:
Cronin

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

    Was read the second time.

    The question being “Shall SB 141 pass as amended?”

    And the roll being called:

    Yeas 27, Nays 8, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Langer; Monroe; Nesiba; Netherton; Novstrup; Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik

    Nays:
Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Nelson; Otten (Ernie); 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 139: FOR AN ACT ENTITLED, An Act to provide for the permitting of waterfowl outfitters, and to dedicate fees and surcharges paid by waterfowl outfitters for use on certain game production areas.

    Having had its second reading was up for consideration and final passage.


    The question now being on Sen. Novstrup's pending motion to amend SB 139 as found on page 456 of the Senate Journal.

    Which motion prevailed.

    The question being “Shall SB 139 pass as amended?”

    And the roll being called:

    Yeas 16, Nays 19, Excused 0, Absent 0

    Yeas:
Cammack; Cronin; Ewing; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Langer; Maher; Nelson; Novstrup; Rusch; Russell; Stalzer; Sutton; Wiik

    Nays:
Bolin; Curd; Frerichs; Haverly; Heinert; Kennedy; Kolbeck; Monroe; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Soholt; Solano; Tapio; Tidemann; White; Youngberg

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

    SB 176: FOR AN ACT ENTITLED, An Act to authorize the creation of public safety zones, to authorize certain actions to be implemented by the Governor, to provide certain penalties, and to declare an emergency.

    Was read the second time.

    The question being “Shall SB 176 pass as amended?”

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer; Netherton; Novstrup; Partridge; Peters; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Rusch; Russell; Soholt; Sutton

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



    Pursuant to Joint Rule 5-13.1, SB 176 was up for immediate reconsideration.


176xa

    Sen. Maher moved that SB 176 be amended as follows:

    On page 6 of the Senate State Affairs Committee engrossed bill, delete lines 6 to 8, inclusive.

    Which motion prevailed.

    The question being “Shall SB 176 pass as amended?”

    And the roll being called:

    Yeas 21, Nays 14, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Cronin; Curd; Ewing; Greenfield (Brock); Haverly; Klumb; Kolbeck; Langer; Netherton; Novstrup; Partridge; Peters; Solano; Stalzer; Tapio; Tidemann; White; Wiik; Youngberg

    Nays:
Frerichs; Heinert; Jensen (Phil); Kennedy; Killer; Maher; Monroe; Nelson; Nesiba; Otten (Ernie); Rusch; Russell; Soholt; Sutton

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

    The question being on the title.

176xta

    Sen. Peters moved that the title to SB 176 be amended as follows:


    On page 1, line 2, of the Senate State Affairs Committee engrossed bill, delete everything after "Governor," and insert "and to provide certain penalties.".

    On page 1, delete line 3.

    Which motion prevailed and the title was so amended.


    SB 54: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding campaign finance requirements.

    Was read the second time.

54fp

    Sen. Maher moved that SB 54 be amended as follows:

    On page 10 of the Senate State Affairs Committee engrossed bill, delete lines 15 to 24, inclusive, and insert:

"    Section 7. That section 4 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 4. That § 12-27-7 be amended to read:

    12-27-7. If a contributor is a person or an entity, no candidate for statewide office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds four thousand dollars during any calendar year. If the contributor is a political action committee, no candidate for statewide office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. A candidate campaign committee may accept unlimited contributions from any candidate campaign committee or political party. No candidate campaign committee may accept any contribution from a non-South Dakota candidate committee, out-of-state political action committee, federal political action committee, or federal candidate committee that in the aggregate exceeds ten thousand dollars during any calendar year. A candidate campaign committee may only accept contributions from any candidate campaign committee, political action committee, entity, person, or political party pursuant to the limits stated in this chapter. The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family. A violation of this section is a Class 1 misdemeanor.

    Section 8. That section 5 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 5. That § 12-27-8 be amended to read:

    12-27-8. If the contributor is a person or entity, no candidate for legislative or county office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds one thousand dollars during any calendar year. If the contributor is a South Dakota political action committee, no legislative or county candidate may accept any contribution that in the aggregate exceeds ten thousand dollars in any calendar year. A candidate campaign committee may accept unlimited contributions from any candidate campaign committee or political party. No legislative or county candidate campaign committee may accept any contribution from a non-South Dakota candidate committee, out-of-state political action committee, federal political action committee, or federal candidate committee that in the

aggregate exceeds ten thousand dollars during the calendar year. A candidate campaign committee may only accept contributions from any candidate campaign committee, entity, political action committee, or political party pursuant to the limits stated in this chapter.

    The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family. A violation of this section is a Class 1 misdemeanor.

    Section 9. That section 6 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 6. That § 12-27-9 be amended to read:

    12-27-9. If the contributor is a person or an organization, an entity, or a political action committee, no political action committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. If the contributor is a ballot question committee, no political action committee may accept any contribution that in the aggregate exceeds ten thousand dollars during any calendar year. No political action committee may accept any contribution from a non-South Dakota candidate committee, out-of-state political action committee, federal political action committee, or federal candidate committee that in the aggregate exceeds ten thousand dollars during any calendar year. A political action committee may also accept unlimited contributions from any candidate campaign committee, political action committee, or political party. A violation of this section is a Class 1 misdemeanor. ".


    Delete page 11.

    On page 12, delete lines 1 to 5, inclusive.

    Which motion prevailed.

54fk

    Sen. Sutton moved that SB 54 be amended as follows:

    On the Senate State Affairs Committee engrossed bill, delete everything after the enacting clause and insert:

"
    Section 1. That section 3 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 3. That § 12-27-1 be amended to read:

    12-27-1. Terms used in this chapter mean:

            (1)    "Ballot question," any referendum, initiative, proposed constitutional amendment, or other measure submitted to voters at any election;
            (2)    "Ballot question committee," a person or organization that raises, collects, or disburses contributions for the placement of a ballot question on the ballot or the adoption or defeat of any ballot question. A ballot question committee is not a person, political committee, or political party that makes a contribution to a ballot question committee. A ballot question committee is not an organization that makes a contribution to a ballot question committee from treasury funds;
            (3)    "Candidate campaign committee," any entity organized by a candidate to receive contributions and make expenditures for the candidate. Only one candidate campaign committee may be organized for each candidate;
            (4)    "Candidate," any person who seeks nomination for or election to public office. A person is a candidate if the person raises, collects, or disburses contributions in excess of five hundred dollars; has authorized the solicitation of contributions or the making of expenditures; or has created a candidate campaign committee for the purpose of obtaining public office; or has taken all actions required by state law to qualify for nomination for or election to public office;
            (5)    "Clearly identified," the appearance of the name, nickname, a photograph or a drawing of a candidate or public office holder, or the unambiguous reference to the identity of a candidate or public office holder;
            (6)    "Contribution," any gift, advance, distribution, deposit, or payment of money or any other valuable consideration, or any contract, promise or agreement to do so; any discount or rebate not available to the general public; any forgiveness of indebtedness or payment of indebtedness by another person; or any use of services or property without full payment or that is provided by any person, political committee, or political party whose primary business is to provide services or property, made for the purpose of influencing:
            (a)    The nomination, election, or re-election of any person to public office; or
            (b)    The placement of a ballot question on the ballot or the adoption or defeat of any ballot question.
                The term does not include services provided by a person as a volunteer for or on behalf of any candidate, political committee, or political party, including the free or discounted use of a person's residence. Nor does the term include the purchase of any item of value or service from any political committee or political party or office. A contribution does not include administration or solicitation of a contribution for a political action committee established by an organization or its associated expenses, nor the use of an organization's real or personal property located on its business premises for such purposes. A contribution does not include nominal use of a candidate's real or personal property or nominal use of resources available at a candidate's primary place of business;
            (7)    "County office," any elected office at a county in this state;
            (8)    "Election," any election for public office; any general, special, primary, or runoff election; and any election on a ballot question;
            (9)    "Expenditure," includes: any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made by any person for the purpose of influencing any election, office or ballot initiative, measure, or question; and the term includes a written contract, promise, or agreement to make an expenditure. However, the term, expenditure, does not include:
            (a)    A communication appearing in a news story, commentary, or editorial or letter to the editor distributed through the facility of any broadcasting station,

newspaper, magazine, or other periodical publication, unless the facility is owned or controlled by any political party, political committee, or candidate;

            (b)    Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families; or
            (c)    Any communication that refers to any candidate only as part of the popular name of a bill or statute;
            (10)    "Expressly advocate," any communication that:
            (a)    In context has no other reasonable meaning than to encourage the election or defeat of one or more clearly identified candidates, or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question using explicit words of advocacy or defeat such as: vote, re-elect, support, cast your ballot for, reject, and defeat; or
            (b)    If taken as a whole and with limited reference to external events, such as the proximity to the election, may only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question because:
            (i)    The electoral portion of the communication is unmistakable, unambiguous, or suggestive of only one meaning; and
            (ii)    Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question or encourages some other kind of action;
            (10)    "Immediate family," a spouse of a candidate or public office holder; a person under the age of eighteen years who is claimed by that candidate or public office holder or that candidate's or public office holder's spouse as a dependent for federal income tax purposes; or any relative within the third degree of kinship of the candidate or the candidate's spouse, and the spouses of such relatives;
            (11)    "Independent expenditure," an expenditure, including the payment of money or exchange of other valuable consideration or promise, made by a person, organization, political committee, or political party to expressly advocate the election or defeat of a clearly identified candidate or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question, but which is not made to, controlled by, coordinated with, requested by, or made upon consultation with a candidate, political committee, or agent of a candidate or political committee. The term does not include administration or solicitation or any contribution for a political action committee established by an organization and associated expenses, nor the use of an organization's real or personal property located on it business premises for such purposes. The term does not include any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to any member of the organization and the member's family for a communication by a person, organization, political committee, or political party which is not a contribution and which:
            (a)    Refers to a clearly identified candidate for state or local elective office or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question; and
            (b)    Is made without arrangement, cooperation, or consultation between any candidate or any authorized committee or agent of a candidate and the person making the expenditure or any authorized agent of that person, and is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of the candidate; and
            (c)    Satisfies at least one of the following standards: Contains express advocacy, or its functional equivalent, of the election or defeat of a clearly identified candidate for office; or is disseminated, broadcast or otherwise published within sixty days of the election sought by a candidate, mentions a candidate and targets the candidate's relevant electorate.
                The term, independent expenditure, does not include: a communication appearing in a news story, commentary, or editorial or letter to the editor distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; a communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to members of the organization and the members' families; or any communication that refers to any candidate only as part of the popular name of a bill or statute;
            (12)    "In-kind contribution," the value of a good or service provided at no charge or for less than fair market value. The term does not include the value of services provided by a person as a volunteer for or on behalf of any candidate, political committee, or political party, including the free or discounted use of the volunteer's residence or office;
            (13)    "Legislative office," the Senate and the House of Representatives of the South Dakota Legislature;
            (14)    "Loan," a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or part. The outstanding amount of a loan not made in the ordinary course of business and at a usual and normal interest rate is a contribution until repaid;
            (15)    "National political party," the organization which is responsible for the day-to-day operation of a political party at the national level, as determined by the Federal Election Commission;
            (16)    "Organization," any corporation, limited liability company, nonprofit corporation, limited liability partnership, limited partnership, partnership, cooperative, trust except for a trust account representing or containing only a contributor's personal funds, a business trust, association, club, labor union, or collective bargaining organization; any local, state, or national organization to which a labor organization pays membership or per capita fees, based upon its affiliation or membership; any trade or professional association that receives its funds from membership dues or service fees, whether organized inside or outside the state; any other entity organized in a corporate form under federal law or the laws of this state; or any group of persons acting in concert that is not defined as a political committee or political party in this chapter;
            (16)(17)    "Person," a natural person;
            (17)(18)    "Political action committee," any person or organization that raises, collects or disburses contributions to influence the outcome of an election and who is not a candidate, candidate campaign committee, ballot question committee, or a political party. A political action committee is not any:
            (a)    Person who makes a contribution to a political committee or political party from that person's own funds; or
            (b)    Organization that makes a contribution to a ballot question committee from treasury funds;
            (18)(19)    "Political committee," any candidate campaign committee, political action committee, or ballot question committee;
            (19)(20)    "Political party," any state or county political party qualified to participate in a primary or general election, including any auxiliary organization of such political party. An auxiliary organization is any organization designated as an auxiliary organization in a political party's bylaws or constitution except any auxiliary organization that only accepts contributions to support volunteer activities of the organization and does not make monetary or in-kind contributions or any independent expenditures to any political committee;
            (20)(21)    "Public office," any statewide office, legislative office, or county office;
            (21A)    "Qualified contribution," a contribution made by a natural person resident of the state that is not, in the aggregate, in excess of two hundred and fifty dollars to a candidate for legislative office or in excess of five hundred dollars to a candidate for statewide office;
            (22)    "Recognized business entity," any:
            (a)    Domestic corporation, limited liability company, nonprofit corporation, limited liability partnership, or cooperative duly registered with the secretary of state as of the first day of January of the current calendar year, and which is currently in good standing;
            (b)    Foreign corporation, limited liability company, nonprofit corporation, limited liability partnership, or cooperative duly registered with the secretary of state as of the first day of January of the current calendar year, and which is currently in good standing; or
            (c)    Entity organized in a corporate form under federal law;
                The term. recognized business entity, does not include a political committee or political party or an organization which was established by or is controlled, in whole or in part, by a candidate, political committee, or agent of a candidate or political committee;
            (21)(23)    "Statewide office," the office of Governor, lieutenant governor, secretary of state, attorney general, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner;
            (22)(23A)    "Treasury funds," funds of an organization not raised or collected for the purpose of influencing a ballot question;
            (23)(24)    "Volunteer," any person who provides a person's own personal services free of charge.

    Section 2. That section 4 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 4. That § 12-27-7 be amended to read:

    12-27-7. If a contributor is a person, no candidate for statewide office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds four thousand dollars during any calendar year. A candidate campaign committee may accept contributions from any candidate campaign committee, political action committee, or political party. No candidate for Governor, or the candidate's campaign committee, may accept contributions from a person or political committee which in the aggregate from one source exceeds four thousand dollars during any calendar year, or contributions from a political party which in the aggregate from one source exceeds forty thousand dollars during any calendar year.

    No candidate for attorney general or lieutenant governor, or the candidate's campaign committee, may accept contributions from a person or political committee which in the aggregate from one source exceeds two thousand dollars during any calendar year, or contributions from a political party which in the aggregate from one source exceeds twenty thousand dollars during any calendar year.
    No candidate for secretary of state, state auditor, state treasurer, commissioner of school and public lands, or public utilities commissioner, or the candidate's campaign committee, may accept contributions from a person or political committee which in the aggregate from one source exceeds one thousand dollars during any calendar year, or contributions from a political party which in the aggregate from one source exceeds ten thousand dollars during any calendar year.
    No candidate for statewide office may accept a contribution from a ballot question committee.
    The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family to the candidate's campaign committee. A violation of this section is a Class 1 misdemeanor.

    Section 3. That section 5 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 5. That § 12-27-8 be amended to read:

    12-27-8. If the contributor is a person, no No candidate for legislative or county office or the candidate's campaign committee may accept any contribution that in the aggregate exceeds one thousand dollars during any calendar year. A candidate campaign committee may accept contributions from any candidate campaign committee, political action committee, or political party contributions from a person or political committee which in the aggregate from one source exceeds seven hundred fifty dollars during any calendar year, or contributions from a political party which in the aggregate from one source exceeds five thousand dollars during any calendar year.

    No candidate for legislative or county office may accept a contribution from a ballot question committee.
    The limitation on any contribution from a person in this section does not apply to any contribution by the candidate or the candidate's immediate family to the candidate's campaign committee. A violation of this section is a Class 1 misdemeanor.

    Section 4. That section 6 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 6. That § 12-27-9 be amended to read:

    12-27-9. If the contributor is a person or an organization, no No political action committee may accept any contribution from a person, organization, political committee or political party that in the aggregate from a single source exceeds ten two thousand dollars during any calendar year. A political action committee may not accept contributions from any candidate campaign committee, political action committee, or political party a ballot question committee. A violation of this section is a Class 1 misdemeanor.

    Section 5. That section 7 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 7. That § 12-27-10 be amended to read:

    12-27-10. If the contributor is a person, noNo political party may accept any contribution from a person or political committee that in the aggregate from a single source exceeds ten five thousand dollars during any calendar year. A political party may not accept contributions from any candidate campaign committee, political action committee, or political party a ballot question committee. A violation of this section is a Class 1 misdemeanor.

    Section 6. That section 8 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 7. That section 9 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 8. That section 10 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 9. That section 11 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 11. That § 12-27-11 be amended to read:

    12-27-11. No person, organization, candidate, political committee, or political party may give or accept a contribution unless the name and residence address of the contributor is made known to the person receiving recipient of the contribution. Any contribution, money, or other thing of value received by a candidate, political committee, or political party from an unknown source shall be donated to a nonprofit charitable organization. No person, organization, candidate, political committee, or political party may accept from a person a contribution of more than five hundred dollars in the aggregate in a calendar year unless the occupation and current employer of that person is disclosed to the recipient at the time the contribution is made. A violation of this section is a Class 2 misdemeanor.


    Section 10. That chapter 12-27 be amended by adding a NEW SECTION to read:

    Contributions received by a candidate campaign committee may not be used for any purpose other than a purpose related to a candidate's campaign. Contributions received by a candidate campaign committee that are not used for any purpose related to a candidate's campaign may be donated to any other candidate, candidate campaign committee, or nonprofit charitable organization.

    Section 11. That section 13 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 13. That § 12-27-13 be amended to read:

    12-27-13. A contribution or receipt is considered to be converted to personal use if the contribution or amount is used to fulfill any commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign, person's duties as a holder of elective office, or political committee's political activities, including but not limited to a home mortgage, rent, or utility payment; a clothing purchase; a noncampaign-related automobile expense; a country club membership; a vacation or other noncampaign-related trip; a household food item; a tuition payment; admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and dues, fees, and other payments to a health club or recreational facility.

    Equipment, supplies, and materials purchased with contributions are property of the political committee or political party, and are not property of the candidate or any other person.

    Section 12. That section 14 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 14. That § 12-27-15 be amended to read:

    12-27-15. Any printed material or communication made, purchased, paid for, or authorized by a candidate, political committee, or political party that expressly advocates for or against a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the following statement: "Paid for by (name of candidate, political committee, or political party)." If the communication is made, purchased, paid for, or authorized by a political committee or political party, the communication shall also state whether or not the communication was authorized by or coordinated with any candidate and the name of any candidate who authorized the communication or with whom the communication was coordinated. This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. A violation of this section is a Class 1 misdemeanor.


    Section 13. That section 15 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 15. That § 12-27-16 be amended to read:

    12-27-16. The following apply to independent expenditures by persons and organizations related to communications advocating for or against candidates, public office holders, ballot questions, or political parties:

            (1)    Any person or organization making a payment or promise of payment totaling one hundred dollars or more, including an in-kind contribution, for a communication that expressly advocates for or against a candidate, public office holder, ballot question, or political party an independent expenditure shall append to or include in each communication a disclaimer that clearly and forthrightly conspicuously:
            (a)    Identifies the name and address or website of the person or organization making the independent expenditure for that communication;
            (b)    States the address or website address of the person or organization;
            (c)    States that the communication is independently funded and an independent expenditure and not made in consultation or coordination with any candidate, political party, or political committee or any authorized committee or agent of the candidate; and
            (d)(c)    If an independent expenditure is undertaken by an organization not including a candidate, public office holder, political party, or political committee, the following notation the communication must be included also include a clear and conspicuous statement entitled: "Top Five Contributors," including followed by a listing of the names of the five persons making the largest contributions in aggregate to the organization during the twelve months preceding that communication.
                A violation of this subdivision is a Class 1 misdemeanor;
            (2)    Any person or organization making a payment or promise of payment of an independent expenditure aggregating one hundred dollars or more in any calendar year, including an in-kind contribution, for a communication described in subdivision (1) shall file by electronic transmission a statement with the secretary of state within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published payment or promise of payment is made and each time any additional payment or promise of payment aggregating one-hundred dollars or more is made. The statement for each person or organization shall include:
            (a)    The name, street address, city, and state of the person or organization and any expenditures made for the independent expenditure during that calendar year, but not yet reported on a prior statement;
            (b)    The elections to which the independent expenditures pertain and name of candidate, ballot question, or political party identified in each independent expenditure;
            (c)    The amount spent on each independent expenditure, as well as the name, street address, city, and state of the person or organization paid;
            (d)    Whether the independent expenditure was for or against the candidate, ballot question, or political party; and
            (e)    For an organization, the full name, residence address including city and state, occupation, name of employer, and aggregate amount of the payment of each person whose funds were used for the independent expenditure. The identity of the person or persons whose funds were used for the independent expenditures shall be determined in the following manner. Any person or persons who made payments in the aggregate in excess of $100 during that calendar year pursuant to an agreement or understanding that person's funds would be used for an independent expenditure shall be identified. A person's payment can only be credited to all independent expenditures up to the amount given in the calendar year. If the funds identified pursuant to this subdivision are insufficient to cover the cost of the independent expenditure, the organization shall report its donors utilizing a "last in, first out" accounting method, reporting donors in reverse chronological order beginning with the most recent of its donors or, if there are any prior payments or expenditures, beginning with the most recent donor for which unattributed payments remain, until the full amount expended for the independent expenditure is accounted for;
            (3)    The statements required by this section shall include the name, street address, city, and state of the person or organization and, any expenditures made for communications described in subdivision (1) during that calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question, or political party mentioned or identified in each communication, the amount spent on each communication, and a description of the content of each communication. For an organization, the statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the organization;
            (4)    For an organization whose majority ownership is owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, the statement shall identify by name and address each person, partner, owner, trustee, beneficiary, participant, shareholder, or member who owns, controls, or comprises ten percent or more of the organization; and
            (5)    For an organization, supplemental statements, as defined in subdivision(3), for any of its partners, owners, trustees, beneficiaries, participants, members, or shareholders identified pursuant to subdivision(4) that are owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, until no organization identified in the supplemental statements meets the ownership test set forth in subdivision(4); and
            (6)    For purposes of this section, the term, communication, does not include:
            (a)    Any news article, editorial endorsement, opinion or commentary writing, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate, political committee, or political party;
            (b)    Any editorial endorsement or opinion aired by a broadcast facility not owned or controlled by a candidate, political committee, or political party;
            (c)    Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership

organization solely to members of the organization and the members' families; and

            (d)    Any communication that refers to any candidate only as part of the popular name of a bill or statute.

    Section 14. That section 16 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 15. That section 17 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 16. That section 20 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 20. That § 12-27-22 be amended to read:

    12-27-22.  A campaign finance disclosure statement shall be submitted to the secretary of state by the treasurer of each every:

            (1)    Candidate or candidate campaign committee for any statewide or legislative office;
            (2)    Political action committee;
            (3)    Statewide, county, local, or auxiliary committee of any political party;
            (4)    Statewide ballot question committee;
            (5)    Any candidate or candidate committee for any statewide or legislative office whose name appears on the primary ballot, but does not appear on the general election ballot, shall submit a campaign finance disclosure statement, or termination report, that shall be received by the secretary of state by 5:00 p.m. on the second Friday of August following the primary election; and
            (6)    Statewide ballot question committee that does not meet the signature requirements for placement of the ballot issue on the general election ballot, shall submit a termination report to the secretary of state by 5:00 p.m. central time on the first Monday in February following the year the statement of organization was submitted to the secretary of state.

    The statement shall be signed and submitted filed by the treasurer of the political committee or political party. The statement shall be received by the secretary of state and submitted filed by 5:00 p.m. central time on the first Monday of each February first and shall cover the contributions and expenditures for the preceding calendar year. The statement shall also be received by the secretary of state and filed by 5:00 p.m. on the fifth Tuesday before each primary and general election complete through the fiftieth day prior to that election. The statement shall also be received by the secretary of state and submitted filed by 5:00 p.m. central time on the second Friday prior to each primary and general election complete through the fifteenth day prior to that election. Each statewide ballot question committee shall submit a termination report by 5:00 p.m. central time no later than the first Monday in February following the year the ballot question was on the ballot. The statement shall also be received by the secretary of state and filed by 5:00 p.m. on the fourth Friday after each primary and general election complete through the second Friday after that election. If a candidate is seeking nomination at the biennial state convention, the candidate or the candidate campaign committee shall file a campaign finance

disclosure statement with the secretary of state by 5:00 p.m. on the second Friday prior to any biennial state convention. Any statement submitted filed pursuant to this section shall be consecutive and shall cover contributions and expenditures since the last statement submitted filed.

    The following are not required to file a campaign finance disclosure statement:

            (1)    A candidate campaign committee for county office on February first following a year in which there is not an election for the office;
            (2)    A political committee that regularly files a campaign finance disclosure statement with the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service;
            (3)    A statewide candidate whose is publicly seeking a nomination by that candidate's party convention prior to a primary election; and
            (4)    An independent statewide candidate prior to a primary election.
    A violation of this section is a Class 1 misdemeanor.

    Section 17. That section 21 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 21. That § 12-27-24 be amended to read:

    12-27-24.  A campaign finance disclosure statement shall include the following information, regardless of whether it has previously been included in a timely contribution disclosure statement pursuant to § 12-27-24.1:

            (1)    The political committee or political party name, street address, postal address, city, state, zip code, daytime and evening telephone number, and e-mail address;
            (2)    The type of campaign statement (fifth Tuesday pre-primary, second Friday pre-primary, fourth Friday post-primary, fifth Tuesday pre-general, second Friday pre-general, fourth Friday post-general, post-primary nonwinner, mid-year, year-end, amendment, supplement, or termination);
            (3)    For any If a ballot question committee, the ballot question number and whether the committee advocates is for or against the ballot question;
            (4)    The balance of cash and cash equivalents on hand at the beginning of the reporting period;
            (5)    The total amount of all contributions received during the reporting period;
            (6)    The total amount of all in-kind contributions received during the reporting period;
            (7)    The total of refunds, rebates, interest, or other income not previously identified during the reporting period;
            (8)    The total of contributions, loans, or any other receipts during the reporting period;
            (9)    The total value of loans made to any person, political committee, or political party during the reporting period;
            (10)    The total of expenditures made during the reporting period;
            (11)    The total amount of any expenditure incurred but not yet paid, detailed in a list. Any An expenditure incurred but not yet paid shall be reported on each report filed after the date of receipt of goods or services until payment is made to the vendor. A payment shall be listed as an expenditure when the payment is made;
            (12)    The cash balance on hand as of the close of the reporting period;
            (13)    The total amount of contributions of one two hundred dollars or less in the aggregate from one source received during the reporting period calendar year;
            (14)    The name, residence address, city, and state of each person making a contribution of more than one two hundred dollars in the aggregate during the reporting period calendar year and the amount of the contribution, as well as the occupation and name of employer of each person contributing a contribution of more than five hundred dollars in the aggregate during the calendar year. Any contribution from any political committee or political party shall be itemized. Any contribution from a federal political committee or political committee organized outside the state shall also include the name and website address of the filing office where campaign finance disclosure statements are regularly filed for the committee. If any information required by the section is unknown to the political committee or political party, the political committee or political party may not deposit the contribution;
            (15)    Any in-kind contribution shall contain the same information as for monetary contributions, and shall also include a description of the in-kind contribution;
            (16)    Upon the request of the treasurer, any person making an in-kind contribution shall provide all necessary information to the treasurer, including the value of the in-kind contribution;
            (17)    Any monetary or in-kind contribution made by a political committee or political party to any political committee, political party, or nonprofit charitable organization shall be itemized;
            (18)    A categorical description and amount of any refunds, rebates, interest, sale of property, or other receipts not previously identified during the reporting period;
            (19)    A categorical description and amount of any funds or donations by any organization to its political committee for establishing and administering the political committee and for any solicitation costs of the political committee;
            (20)    The total balance of any loans owed by the political committee or political party;
            (21)    The balance of any loans owed by the political committee or political party, itemized by lender's name, street address, city, and state, including the terms, interest rate, and repayment schedule of each loan;
            (22)    The total balance of loans owed to the political committee or political party;
            (23)    The amount of any loan made during the reporting period; the name, street address, city, and state of the recipient of the loan;
            (24)    The balance of any loan owed to the political committee or political party, itemized by name, street address, city, and state;
            (25)    Any expenditure made during the reporting period shall be categorized as disbursements to consultants, advertising agencies, credit card companies, or similar firms, itemized by expense categories. Any contribution made by the political committee or political party that is not in exchange for any item of value or service shall be itemized;
            (26)    Any expenditure incurred but not yet paid during the reporting period and to whom the expenditure is owed;
            (27)    The amount of any independent expenditure made during the reporting period, the name of the candidate, public office holder, or ballot question related to the independent expenditure and a description of the independent expenditure;
            (28)    The information contained in any statement provided pursuant to § 12-27-19; and
            (29)    A The statement shall include a certification that the contents of the statement are true and correct signed by the treasurer of the political committee or political party.

    Section 18. That section 22 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 19. That section 27 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be amended to read:

    Section 27. That § 12-27-41 be amended to read:

    12-27-41.  Any Each statement required to be filed under this chapter may be filed by electronic transmission shall be filed in accordance with the methods approved by the secretary of state pursuant to the requirements of § 12-27-4.1. The treasurer of a candidate campaign committee for any statewide or legislative office, political action committee, political party, or ballot question committee is required to file by electronic transmission with the secretary of state the campaign finance disclosure statements required pursuant to § 12-27-22, if the political committee or political party has received contributions in the aggregate of one thousand dollars or more during the period covered by the statement. If a political committee or political party is required by this chapter to file a statement by electronic transmission, the secretary of state may not accept nor consider filed any statement that uses handwriting as input, aside from a signature. Any statement or disclosure not required to be filed by electronic transmission may be filed by electronic transmission in accordance with the methods approved by the secretary of state. To be timely filed, any statement received by electronic transmission shall be legible and readable when received by the means it was delivered.

    Section 20. That section 28 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed.

    Section 21. That section 29 of the enrolled version of HB 1069 as previously enacted by the Ninety-Second Session Legislative Assembly, 2017, be repealed."


    Sen. Maher moved that Sen. Sutton's motion to amend SB 54 be laid on the table.

    Which motion prevailed.

    The question being “Shall SB 54 pass as amended?”

    And the roll being called:

    Yeas 19, Nays 16, Excused 0, Absent 0


    Yeas:
Bolin; Cammack; Curd; Ewing; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Maher; Netherton; Novstrup; Otten (Ernie); Rusch; Russell; Solano; Stalzer; Tidemann; Wiik; Youngberg

    Nays:
Cronin; Frerichs; Haverly; Heinert; Kennedy; Killer; Langer; Monroe; Nelson; Nesiba; Partridge; Peters; Soholt; Sutton; Tapio; White

    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 151: FOR AN ACT ENTITLED, An Act to provide certain provisions regarding investigations of misconduct by certain public officials.

    Was read the second time.

    The question being “Shall SB 151 pass as amended?”

    And the roll being called:

    Yeas 19, Nays 16, Excused 0, Absent 0

    Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Jensen (Phil); Kennedy; Klumb; Kolbeck; Maher; Netherton; Novstrup; Otten (Ernie); Rusch; Solano; Stalzer; Tidemann; Youngberg

    Nays:
Cronin; Haverly; Heinert; Killer; Langer; Monroe; Nelson; Nesiba; Partridge; Peters; Russell; Soholt; Sutton; Tapio; White; Wiik

    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 94: FOR AN ACT ENTITLED, An Act to repeal and revise certain provisions relating to the requirements for a permit to carry a concealed pistol.

    Was read the second time.

    Sen. Greenfield (Brock) moved that SB 94 be laid on the table.

    The question being on Sen. Greenfield (Brock)'s motion that SB 94 be laid on the table.

    And the roll being called:


    Yeas 27, Nays 7, Excused 1, Absent 0

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

    Nays:
Ewing; Frerichs; Heinert; Killer; Nelson; Peters; Sutton

    Excused:
Solano

    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 balance of the calendar including HB 1087, 1091, 1045, and 1060 be deferred to Friday, February 24th, the 28th legislative day.

    Which motion prevailed.

COMMEMORATIONS

    SC 28 Introduced by: Senators Tidemann, Frerichs, Maher, Nesiba, Rusch, and Russell and Representatives Bartling, Duvall, Hunhoff, Reed, Rounds, and York

        A LEGISLATIVE COMMEMORATION, Honoring the 2017 South Dakota Boys & Girls Clubs of America's Youth of the Year finalists.

    WHEREAS, Zoe Frauen, Boys & Girls Club of the Black Hills; Zach Wilhelmi, Boys & Girls Club of Watertown; Ria Gualano, Ellsworth AFB Youth Program; Devika Red Bear, Boys & Girls Club of Aberdeen; Olyvia Burwell, Boys & Girls Club of the Sioux Empire; Tariq Brownotter, Boys & Girls Club of the Grand River Area; Bella Pickner, Boys & Girls Club of the Capital Area; Jade Red Bear, Boys & Girls Club of Rosebud; and Resaiah Cournoyer, Boys & Girls Club of the Missouri River, belong to a Boys & Girls Club in South Dakota and have been selected to represent their respective Boys and Girls Club in the state Youth of the Year Program; and

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

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

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

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

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Zoe Frauen, Boys & Girls Club of the Black Hills; Zach Wilhelmi, Boys & Girls Club of Watertown; Ria Gualano, Ellsworth AFB Youth Program; Devika Red Bear, Boys & Girls Club of Aberdeen; Olyvia Burwell, Boys & Girls Club of the Sioux Empire; Tariq Brownotter, Boys & Girls Club of the Grand River Area; Bella Pickner, Boys & Girls Club of the Capital Area; Jade Red Bear, Boys & Girls Club of Rosebud; and Resaiah Cournoyer, Boys & Girls Club of the Missouri River, are to be commended for their outstanding achievements, and that appreciation is extended to Boys & Girls Club of America and Disney, Toyota, the University of Phoenix, and the Taco Bell Foundation for Teens for their work in promoting and celebrating these achievements through the Youth of the Year Program.

    SC 29 Introduced by: Senators Frerichs, Heinert, Kennedy, Killer, Maher, Nesiba, Novstrup, Sutton, Tapio, and Wiik and Representatives McCleerey, Bartling, Bordeaux, Hawley, Johnson, Lesmeister, Marty, Schaefer, and Wismer

        A LEGISLATIVE COMMEMORATION, Celebrating and honoring the Sisseton-Wahpeton Oyate Sioux Tribe's annual wacipi celebration on the occasion of its 150th anniversary on June 30, July 1, and July 2, 2017.

    WHEREAS, the Sisseton-Wahpeton Sioux people have enriched the culture of South Dakota with their exceptional and traditional achievements in music, art, and the preservation of history, and are known for their love of agriculture, tradition, and language, which they strive to preserve for future generations; and

    WHEREAS, the Sisseton-Wahpeton Oyate tribe procures celebration leaders and host drums from all different parts of the country and looks to continue that with this year's celebration; and

    WHEREAS, the wacipi offers a variety of exhibits, attractions, events, and entertainment. Events at past celebrations have included singing contests, moccasin tournaments, rodeos, and dancing contests, as well as many others that are inclusive to individuals of all ages:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that the annual wacipi of the Sisseton-Wahpeton Oyate Sioux Tribe is celebrating its 150th occasion and will continue to enrich South Dakota with its culture.


    SC 30 Introduced by: Senator Klumb and Representatives Rozum and Carson

        A LEGISLATIVE COMMEMORATION, Commending and honoring Spencer Neugebauer for his 2016 Mitchell High School football season.

    WHEREAS, Spencer rushed for a school-record of 2,191 yards and broke the single-game rushing record with 325 rushing yards against Pierre in the South Dakota Class 11AA Football semifinals. He recorded 39 rushing touchdowns and finished with 42 total touchdowns and became the school's all-time leading rusher with 3,658 career rushing yards; and

    WHEREAS, Spencer remained humble, dedicated, and understanding of the importance of the contribution of Mitchell High School's football team as a whole, proving to be an efficient and influential team leader; and

    WHEREAS, Spencer received numerous honors including Gatorade Player of the Year, the Mitchell Daily Republic's Football Player of the Year, Joe Robbie MVP of the state championship game, National High School Coaches Association Academic All-American Award, and selection to the 2016 South Dakota Class 11AA All-State Football Team; and

    WHEREAS, from his success in both academics and athletics, Spencer verbally committed to Dakota Wesleyan's football team where he will continue his athletic and academic pursuits on the collegiate level:

    NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Second Legislature of the State of South Dakota, that Spencer Neugebauer be commended for his athletic, academic, and personal success in the 2016 Mitchell High School football season.

    Sen. Klumb moved that the Senate do now adjourn, which motion prevailed and at 6:11 p.m. the Senate adjourned.

Kay Johnson, Secretary

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