JOURNAL OF THE SENATE
STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 20, 2019
The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.
The prayer was offered by the Chaplain, Pastor Lizette Hunt, followed by the Pledge of
Allegiance led by Senate page Adam Forman.
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-fifth 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 23, 2019
The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501
Dear President and Members of the Senate:
Pursuant to the provisions of Chapter 41-2 of the South Dakota Codified Laws and subject
to your consent, I have the honor to inform you that I have appointed Robert Whitmyre, of
Day County, Webster, South Dakota, to the Game, Fish and Parks Commission.
This appointment is effective January 11, 2019, and shall continue until January 10, 2023.
Sincerely,
Kristi Noem
Governor
The President announced the referral of the appointment to the Committee on
Agriculture and Natural Resources.
February 4, 2019
The Honorable Larry Rhoden
President of the Senate
State Capitol
Pierre, SD 57501
Dear President and Members of the Senate:
Pursuant to the provisions of Chapter 5-12 of the South Dakota Codified Laws and
subject to your consent, I have the honor to inform you that I have appointed James Lust, of
Brown County, Aberdeen, South Dakota, to the South Dakota Building Authority.
This appointment is effective January 21, 2019, and shall continue until
January 15, 2023.
Sincerely,
Kristi Noem
Governor
The President announced the referral of the appointment to the Committee on
Commerce and Energy.
REPORTS OF STANDING COMMITTEES
MR. PRESIDENT:
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 182 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 179 and returns the same with the recommendation that said bill be amended
as follows:
179na
On page 1, line 7, of the printed bill, delete "six" and insert "four".
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 181 and returns the same with the recommendation that said bill be amended
as follows:
181za
On page 1, line 4, of the printed bill, delete "seven million one hundred sixty" and insert
"six million six hundred three thousand four hundred sixty-three dollars ($6,603,463)".
On page 1, line 5, delete everything before "from" .
And that as so amended said bill do pass.
Also MR. PRESIDENT:
The Senate Committee on Appropriations respectfully reports that it has had under
consideration SB 142 which was deferred to the 41st Legislative Day.
Respectfully submitted,
John Wiik, Chair
MR. PRESIDENT:
The Committee on Transportation respectfully reports that it has had under consideration
HB 1082 and returns the same with the recommendation that said bill do pass.
Respectfully submitted,
Rocky Blare, Vice Chair
MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1198 and returns the same with the recommendation that said bill do pass.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration HB 1128 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Also MR. PRESIDENT:
The Committee on Local Government respectfully reports that it has had under
consideration SB 187 and returns the same with the recommendation that said bill be amended
as follows:
187ba
On page 1 of the printed bill, delete lines 6 to 15, inclusive, and insert:
"
(1) The term, electric bicycle, means a bicycle or a tricycle that is:
(a) Equipped with a seat or saddle for the cyclist;
(b) Equipped with operable pedals for propulsion by the cyclist; and
(c) Equipped with an electric motor of seven hundred fifty watts or less.
(2) Electric bicycles are classified as:
(a) Class I, if the motor provides assistance only when the cyclist is pedaling and
ceases to provide assistance when a speed of twenty miles per hour is
achieved;
(b) Class II, if the motor is capable of propelling the bicycle without the cyclist
pedaling and ceases to provide assistance when a speed of twenty miles per
hour is achieved; and
(c) Class III, if the motor provides assistance only when ".
On page 2, delete line 1.
On page 6, line 1, after ";" insert "and".
On page 6, delete lines 3 to 11, inclusive.
On page 8, line 7, delete "any device commonly identified as" and insert "includes".
On page 8, line 8, delete "including".
On page 8, line 16, after "trailer," insert "trailer,".
On page 9, line 22, before ";" insert "as described in § 32-3-2.4".
On page 15, line 1, after ";" insert "and".
On page 15, delete lines 3 to 11, inclusive.
On page 16, line 3, delete "(14)" and insert "(15)".
On page 16, line 5, delete "(15)" and insert "(16)".
On page 17, line 10, delete "(16)" and insert "(20)".
On page 17, line 13, delete "(17)" and insert "(21)".
On page 17, line 24, delete "(18)" and insert "(22)".
On page 18, line 2, delete "(19)" and insert "(23)".
On page 18, line 6, delete "(20)" and insert "(24)".
On page 18, line 8, delete "(20)" and insert "(25)".
On page 18, line 16, delete "(22)" and insert "(26)".
On page 19, line 9, delete "(23)" and insert "(27)".
On page 19, line 12, delete "(24)" and insert "(28)".
On page 19, line 18, delete "(25)" and insert "(29)".
On page 19, line 22, delete "(26)" and insert "(30)".
On page 20, line 2, delete "(27)" and insert "(31)".
On page 20, line 12, delete "(28)" and insert "(32)".
On page 21, line 1, after ";" insert "and".
On page 21, delete lines 3 to 11, inclusive.
On page 23, line 5, after ";" insert "and".
On page 23, delete lines 7 to 15, inclusive.
On page 29, line 4, after ";" insert "and".
On page 29, delete lines 6 to 14, inclusive.
On page 35, line 5, after ";" insert "and".
On page 35, delete lines 7 to 15, inclusive.
On page 41, line 14, delete "any device" and insert "includes".
On page 41, line 15, delete "commonly identified as" and delete "including".
On page 44, line 3, after ";" insert "and".
On page 44, delete lines 5 to 13, inclusive.
187oa
On the printed bill, delete everything after the enacting clause and insert:
"
Section 1. That chapter 32-20B be amended by adding a NEW SECTION to read:
For purposes of this chapter, the term, electric bicycle, means a bicycle or a tricycle that is
equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor
of seven hundred fifty watts or less.
An electric bicycle is a Class I electric bicycle if the motor provides assistance only when
the person is pedaling and ceases to provide assistance when a speed of twenty miles per hour
is achieved.
An electric bicycle is a Class II electric bicycle if the motor is capable of propelling the
bicycle without the person pedaling and ceases to provide assistance when a speed of twenty
miles per hour is achieved.
An electric bicycle is a Class III electric bicycle if the motor provides assistance only when
the person is pedaling and ceases to provide assistance when a speed of twenty-eight miles per
hour is achieved.
Section 2. That chapter 32-20B be amended by adding a NEW SECTION to read:
Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle
in this state shall permanently affix to the electric bicycle a label that contains the following
information:
(1) The designated class of the electric bicycle;
(2) The maximum assisted speed of the electric bicycle; and
(3) The wattage of the electric bicycle's motor.
If a person makes a modification to the electric bicycle that affects the bicycle's maximum
speed, or manner of propulsion, the person shall amend the label required by this section to
accurately reflect the required information.
Any person who violates this section is guilty of a Class 2 misdemeanor.
Section 3. That chapter 32-20B be amended by adding a NEW SECTION to read:
An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to
function when the person stops peddling or when the brakes are applied.
Section 4. That chapter 32-20B be amended by adding a NEW SECTION to read:
Unless otherwise prohibited by a governmental entity having jurisdiction, a person may
operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state.
A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in
this state unless:
(1) The bicycle path or multi-use path is within or adjacent to a highway or roadway; or
(2) The governmental entity having jurisdiction over the bicycle path or multi-use path
expressly permits the use.
A person may operate a Class III electric bicycle on a trail that has been designated as
nonmotorized, if the trail was constructed only by clearing or grading the native soil and
without the installation or placement of any additional surface material and if the governmental
entity having jurisdiction over the trail has not otherwise prohibited or restricted the operation.
Section 5. That chapter 32-20B be amended by adding a NEW SECTION to read:
To operate a Class III electric bicycle in this state, a person shall be at least sixteen years
of age. This section does not prohibit a person younger than sixteen years of age from riding
as a passenger on a Class III electric bicycle, if the bicycle is designed to accommodate a
passenger.
Section 6. That chapter 32-20B be amended by adding a NEW SECTION to read:
Any person who is less than eighteen years of age and operating a Class III electric bicycle
and any person who is a passenger on a Class III electric bicycle, regardless of age, shall wear
a properly fitted and fastened bicycle helmet.
Section 7. That chapter 32-20B be amended by adding a NEW SECTION to read:
Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped
with a functioning speedometer.
Section 8. § 32-3-1 be amended to read:
32-3-1. Terms used in chapters 32-3 to 32-5B, inclusive, mean:
(1) "Commercial motor vehicle," any motor vehicle used or maintained for the
transportation of persons or property for hire, compensation, or profit, or designed,
used, or maintained primarily for the transportation of property, and not specifically
excluded under § 32-9-3;
(2) "Component part," any part of a motor vehicle, trailer, or semitrailer other than a tire,
having a vehicle identification number;
(3) "Dealer," any person who, for commission or with intent to make a profit or gain,
sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale
or exchange of new, or new and used vehicles, or who is engaged wholly or in part
in the business of selling new, or new and used vehicles, whether or not such
vehicles are owned by that person;
(4) "Department," Department of Revenue;
(4A) "Electric bicycle," as that term is defined in section 1 of this Act;
(4B) "Gross vehicle weight rating," the value specified by the manufacturer as the loaded
weight of a single vehicle;
(5) "Junking certificate," a certificate of ownership, which may not be restored to a title
document which allows highway use, issued by the department to the owner of a
vehicle which is going to be dismantled and sold for parts;
(5A) "Low-speed vehicle," a four-wheeled motor vehicle whose speed attainable in one
mile is more than twenty miles per hour and not more than twenty-five miles per
hour on a paved level surface.
(6) "Manufactured home," a structure, transportable in one or more sections, which is
eight body feet or more in width or forty body feet or more in length in the traveling
mode, or is three hundred twenty or more square feet when erected on a site; which
is built on a permanent chassis and designed to be used as a dwelling, with or
without a permanent foundation, when connected to the required utilities; and which
contains the plumbing, heating, air conditioning, and electrical systems therein. The
term includes any structure which meets all the requirements of this subdivision and
any other structure which has been certified by the secretary of housing and urban
development. The term does not include a recreational park trailer;
(7) "Manufacturer," any person, firm, corporation, limited liability company, or
association engaged in the manufacture of new motor vehicles as a regular business;
(8) "Mobile home," a movable or portable unit, designed and constructed to be towed
on its own chassis (comprised of frame and wheels), and designed to be connected
to utilities for year-round occupancy. The term includes:
(a) Units containing parts that may be folded, collapsed, or telescoped when being
towed and that may be expanded to provide additional cubic capacity; and
(b) Units composed of two or more separately towable components designed to
be joined into one integral unit capable of being separated again into the
components for repeated towing.
The term does not include a recreational park trailer;
(9) "Moped," a motor driven cycle equipped with two or three wheels. If a combustion
engine is used, the maximum piston or rotor displacement shall be fifty cubic
centimeters regardless of the number of chambers in such power source. The power
source shall be equipped with a power drive system that functions directly or
automatically only, not requiring clutching or shifting by the operator after the drive
system is engaged. The term does not include an electric bicycle;
(10) "Motorcycle," includes motorcycles, motorbikes, mopeds, bicycles with motor
attached, and all motor operated vehicles of the bicycle or tricycle type, whether the
motive power be a part thereof or attached thereto, and having a saddle or seat with
the driver sitting astride or upon it, or a platform on which the driver stands, but
excluding a tractor. The term does not include an electric bicycle;
(11) "Motor vehicle," automobiles, motor trucks, motorcycles, house trailers, trailers, and
all vehicles propelled by power other than muscular power, except traction engines,
road rollers, farm wagons, freight trailers, vehicles that run only on rails or tracks,
electric bicycles, and off-road vehicles as defined in § 32-20-1;
(12) "New motor vehicle," any motor vehicle to which a manufacturer's statement of
origin has not been transferred, or is a motor vehicle on which title was issued from
the manufacturer's statement of origin or manufacturer's certificate of origin and is
still in the name of the first person who took title to the vehicle;
(13) "Noncommercial motor vehicle," any motor vehicle not classified as a commercial
motor vehicle;
(14) "Noncommercial trailer or semitrailer," any trailer or semitrailer not used or
maintained for the transportation of persons or property for hire, compensation, or
profit;
(14A) "Notation," a physical or electronic process of recording a lien on a certificate of
title, a manufacturer's statement of origin, or a manufacturer's certificate of origin;
(15) "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed
primarily to be operated on land other than a highway and includes all terrain
vehicles, dune buggies, and any vehicle whose manufacturer's statement of origin
(MSO) or manufacturer's certificate of origin (MCO) states that the vehicle is not for
highway use. The term does not include a farm vehicle or an electric bicycle as
defined in this section;
(16) "Owner," any person, firm, association, or corporation renting a motor vehicle or
having the exclusive use thereof, under a lease or otherwise, for a period greater than
thirty days; as between contract vendor and contract vendee, the term, owner, shall
refer to the contract vendee, unless the contrary clearly appears from the context of
chapters 32-3 to 32-5B, inclusive, or a person having legal possession or title;
(17) "Rebuilt vehicle," any motor vehicle, trailer, or semitrailer that has been rebuilt by
the addition or deletion of assemblies, subassemblies, parts, or component parts so
that upon gross visual examination it does not appear to be the vehicle described in
the certificate of title last issued for the vehicle, or whose title has been marked as
rebuilt by this state or another state or jurisdiction;
(17A) "Recreational park trailer," a vehicle that is primarily designed to provide temporary
living quarters for recreational, camping, or seasonal use and which:
(a) Is built on a single chassis mounted on wheels;
(b) Has a gross trailer area not exceeding four hundred square feet in the setup
mode;
(c) Is certified by the manufacturer as complying with American National
Standards Institute Standard No. A119.5 in effect on January 1, 2008; and
(d) Has at least a seventeen digit identification number and the manufacturer has
designated the vehicle as a recreational park model on the manufacturer
statement of origin;
(18) "Recreational vehicle," a vehicular portable structure built on a chassis designed to
be used as a temporary dwelling for travel, recreational, vacation, or seasonal uses,
permanently identified as a travel trailer or a recreational park trailer by the
manufacturer of the trailer;
(19) "Road tractor," any motor vehicle designed and used for drawing other vehicles,
except farm or logging tractors used exclusively for farming or logging, and not so
constructed as to carry any load thereon either independently or any part of the
weight of a vehicle or load so drawn;
(20) "Secretary," secretary of revenue;
(21) "Semitrailer," any vehicle of the trailer type, equipped with a kingpin assembly,
designed and used in conjunction with a fifth wheel connecting device on a motor
vehicle constructed so that some part of its weight and that of its load rests upon or
is carried by another vehicle;
(22) "State," includes the territories and the federal districts of the United States;
(23) "Trailer," any vehicle without motive power designed for carrying property or
passengers wholly on its own structure and for being drawn by a motor vehicle;
(24) "Truck tractor," any motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the weight of
the vehicle and load so drawn;
(25) "Used vehicle," any motor vehicle to which title has been issued to someone other
than the first person who took title to the motor vehicle from the manufacturer's
statement of origin or manufacturer's certificate of origin; and
(26) "Vehicle identification number," the number assigned by the manufacturer or by the
department for the purpose of identifying the vehicle. The term includes any number
or letters assigned by the manufacturer for the purpose of identifying a component
part and any such number stamped on a vehicle or part according to law or the rules
promulgated by the department for the purpose of identifying the vehicle or part.
Section 9. That chapter 32-3 be amended by adding a NEW SECTION to read:
An electric bicycle, as defined in section 1 of this Act, is exempt from this chapter.
Section 10. That chapter 32-5 be amended by adding a NEW SECTION to read:
An electric bicycle, as defined in section 1 of this Act, is exempt from this chapter.
Section 11. That subdivision (5) of § 32-6D-1 be amended to read:
(5) "Motor vehicle," every vehicle intended primarily for use and operation on the public
highways which is self-propelled. The term does not apply to include any electric
bicycle as defined in section 1 of this Act, any motor home or to any motor vehicle
having a manufacturer's gross vehicle weight rating of fifteen thousand pounds or
more;
Section 12. That subdivision (7) of § 32-9-1 be amended to read:
(7) "Motor vehicle," all vehicles or machines propelled by any power other than
muscular used upon the public highways for the transportation of persons or property
or both. The term does not include an electric bicycle as defined in section 1 of this
Act;
Section 13. That § 32-14-1 be amended to read:
32-14-1. Terms used in chapters 32-14 to 32-19, inclusive, 32-12 and 32-22 to 32-34,
inclusive, mean:
(1) "Alcoholic beverage," as that term is defined by subdivision 35-1-1(1);
(2) "Authorized emergency vehicle," a vehicle of a fire department, a police vehicle, an
ambulance or emergency vehicle of a municipal department or public service
corporation that is designated or authorized by the department or the Department of
Health, and an emergency vehicle titled to a local organization for emergency
management created pursuant to chapter 34-48A;
(3) "Automobile transporter," a vehicle combination designed or modified to be used
specifically for the transport of assembled highway vehicles;
(4) "Boat transporter," a vehicle combination designed or modified to be used
specifically for the transport of assembled or partially disassembled boats and boat
hulls;
(5) "Business district," the territory contiguous to a highway when fifty percent or more
of the frontage thereon for a distance of three hundred feet or more is occupied by
buildings in use for business;
(6) "Commission," the Public Utilities Commission;
(7) "Controlled drug or substance," as that term is defined in § 34-20B-3;
(8) "Crosswalk," that part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of the highway
measured from the curbs or, in the absence of curbs, from the edges of the
traversable roadway; or any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other markings on the surface;
(9) "Department," the Department of Public Safety of this state acting directly or through
its duly authorized officers and agents;
(9A) "Electric bicycle," as that term is defined in section 1 of this Act;
(10) "Farm tractor," a motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of husbandry;
(11) "Highway," the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public as a matter of right
for purposes of vehicular travel;
(12) "Intersection," the area embraced within the prolongation of the lateral curb lines or,
if none, then of the lateral boundary lines of two or more highways which join one
another at an angle, whether or not one such highway crosses the other. However,
such area, in the case of the point where an alley and a street meet within a
municipality, is not an intersection;
(13) "Law enforcement officer," as that term is defined in § 23-3-27;
(14) "Local authorities," a county, municipal, township, road district, and other local
board or body having authority to adopt local police regulations under the
Constitution and laws of this state;
(15) "Metal tires," a tire the surface of which in contact with the highway is wholly or
partly of metal or other hard, nonresilient material;
(16) "Motorcycle," a motor vehicle designed to travel on not more than three wheels in
contact with the ground, except any vehicle as may be included within the term,
tractor, as herein defined;
(17) "Motor vehicle," a vehicle, as herein defined, which that is self-propelled. The term
does not include an electric bicycle;
(18) "Official traffic control device," a sign, signal, marking, and device not inconsistent
with the law placed or erected by authority of a public body or official having
jurisdiction, for the purpose of regulating, warning, or guiding traffic. The term also
includes a flagman or a sign, signal, marking, or other device temporarily placed or
erected by a person working upon, along, above, or under a highway installing or
maintaining a public service facility and which is necessary or required to warn,
direct, or otherwise control traffic during the time of work or when a hazard exists;
(19) "Owner," a person who holds the legal title of a vehicle or in the event a vehicle is
the subject of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee, or in the
event a mortgagor of a vehicle is entitled to possession, then the conditional vendee
or lessee or mortgagor is the owner for the purpose of said chapters;
(20) "Park or parking," the standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading
merchandise or passengers;
(21) "Pneumatic tire," a tire inflated with compressed air;
(22) "Private road or driveway," a road or driveway not open to the use of the public for
purposes of vehicular travel;
(23) "Recreation vehicle," a self-propelled or towed vehicle equipped to serve as
temporary living quarters for recreational, camping, or travel purposes and used
solely as a family or personal conveyance and in no way used for a commercial
purpose;
(24) "Residence district," the territory contiguous to a highway not comprising a business
district when the frontage on the highway for a distance of three hundred feet or
more is mainly occupied by dwellings or by dwellings and buildings in use for
business;
(25) "Right-of-way," the right of one vehicle or pedestrian to proceed in a lawful manner
in preference to another vehicle or pedestrian approaching under such circumstances
of direction, speed, and proximity as to give rise to danger of collision unless one
grants precedence to the other;
(26) "Road tractor," a motor vehicle designed and used for drawing other vehicles and not
so constructed as to carry any load thereon either independently or any part of the
weight of a vehicle or load so drawn;
(27) "Roadway," that portion of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. If a highway includes two or
more separate roadways, the term, roadway, refers to any such roadway separately
but not to all such roadways collectively;
(28) "Safety zone," the area or space officially set aside within a highway for the
exclusive use of pedestrians and which is so plainly marked or indicated by proper
signs as to be plainly visible at all times while set apart as a safety zone;
(29) "Semitrailer," any vehicle of the trailer type equipped with a kingpin assembly,
designed and used in conjunction with a fifth wheel connecting device on a motor
vehicle and constructed so that some part of its weight and that of its load rests upon
or is carried by another vehicle;
(30) "Sidewalk," that portion of a street between the curb lines, or the lateral lines of a
roadway, and the adjacent property lines intended for use of pedestrians;
(31) "Single axle" or "one axle," one or more consecutive axles whose centers may be
included between two transverse vertical planes spaced forty inches or less apart,
extending across the full width of the vehicle;
(32) "Solid rubber tire," a tire made of rubber other than a pneumatic tire;
(33) "Steering axle," any axle on the front of a motor vehicle that is activated by the
operator to directly accomplish guidance or steerage of the motor vehicle or
combination of vehicles;
(34) "Stinger-steered transporter combination," a truck tractor semitrailer combination
with a fifth wheel located on a drop frame which is located behind and below the
rearmost axle of the power unit;
(35) "Tandem axle," two or more consecutive axles whose centers may be included
between parallel transverse vertical planes spaced more than forty inches and not
more than ninety-six inches apart, extending across the full width of the vehicle;
(36) "Trailer," a vehicle without motive power designed for carrying property or
passengers on its own structure and for being drawn by a motor vehicle;
(37) "Truck tractor," a motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the weight of
the vehicle and load so drawn;
(38) "Urban district," the territory contiguous to and including any street which is built
up with structures devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet for a distance of a quarter of a mile or more;
(39) "Vehicle," a device in, upon, or by which any person or property is or may be
transported or drawn upon a public highway, except devices moved by human power
or used exclusively upon stationary rails or tracks; including bicycles, electric
bicycles, and ridden animals;
(40) "Wireless communication device," any wireless electronic communication device
that provides for voice or data communication between two or more parties,
including a mobile or cellular telephone, a text messaging device, a personal digital
assistant that sends or receives messages, an audio-video player that sends or
receives messages, or a laptop computer. A wireless communication device does not
include a global positioning or navigation system (GPS) used to receive driving
directions.
Section 14. That § 32-20-1 be amended to read:
32-20-1. As Terms used in this chapter, the following words shall mean:
(1) "Department" the Department of Public Safety.
(2) "Moped" a motor driven cycle equipped with two or three wheels. If a combustion
engine is used, the maximum piston or rotor displacement shall be fifty cubic
centimeters regardless of the number of chambers in such power source. The power
source shall be equipped with a power drive system that functions directly or
automatically only, not requiring clutching or shifting by the operator after the drive
system is engaged. The term does not include an electric bicycle as defined in section
1 of this Act.
(3) "Motorcycle" includes motorcycles, motorbikes, mopeds, bicycles with motor
attached, and all motor operated vehicles of the bicycle or tricycle type, whether the
motive power be a part thereof or attached thereto, and having a saddle or seat with
the driver sitting astride or upon it, or a platform on which the driver stands, but
excluding a tractor. The term does not include an electric bicycle as defined in
section 1 of this Act.
(4) "Off-road vehicle," any self-propelled, two or more wheeled vehicle designed
primarily to be operated on land other than a highway and includes
, but is not limited
to, all terrain vehicles, dune buggies and any vehicle whose manufacturer's statement
of origin
(MSO) or manufacturer's certificate of origin
(MCO) states that the vehicle
is not for highway use.
Off-road vehicle The term does not include a farm vehicle as
defined in § 32-3-2.4
or an electric bicycle as defined in section 1 of this Act.
Section 15. That subdivision (6) of § 32-35-1 be amended to read:
(6) "Motor vehicle," every a vehicle which that is self-propelled and every a vehicle
which that is propelled by electric power obtained from overhead trolley wires, but
not operated upon rails. The term does not include an electric bicycle as defined in
section 1 of this Act;
Section 16. That § 32-38-2 be amended to read:
32-38-2. For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle
intended primarily for use and operation on the public highways including passenger cars,
station wagons, vans, taxicabs, emergency vehicles, motor homes, trucks, and pickups any
passenger car, station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup.
The term does not include motorcycles, motor scooters, motor bicycles, motorized bicycles,
passenger buses, and school buses any motorcycle, motor scooter, motor bicycle, electric
bicycle, passenger bus, or school bus. The term also does not include any farm tractors and
implements tractor or implement of husbandry designed primarily or exclusively for use in
agricultural operations. "
187ota
On page 1, line 1, of the printed bill, delete everything after "Act to" and insert "define
electric bicycles and to provide for the regulation of electric bicycles.".
On page 1, delete line 2.
And that as so amended said bill do pass and be placed on the consent calendar.
Respectfully submitted,
Lynne DiSanto, Vice Chair
MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1056 and 1088 and returns the same with the recommendation that said bills do pass.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
HB 1143 and returns the same with the recommendation that said bill do pass and be placed on
the consent calendar.
Also MR. PRESIDENT:
The Committee on State Affairs respectfully reports that it has had under consideration
SR 3 and returns the same with the recommendation that said resolution be amended as follows:
r3ya
On the printed resolution, page 1, line 3, delete everything after WHEREAS and insert:
"Angela Kennecke is a veteran journalist at KELOLAND Media Group in Sioux Falls and is
acknowledged across the state by citizens and colleagues as one of the top journalists in South
Dakota; and
WHEREAS, a free press mentioned in the First Amendment to the United States
Constitution is one of the pillars our republic was founded upon; and
WHEREAS, the role of the free press in our republic requires journalists to constantly
evaluate issues of public interest and concern and hold the actions of those in positions of trust
and authority up to the appropriate scrutiny of the people; and
WHEREAS, a free press, objective journalism, and honest public service are natural allies;
and
WHEREAS, Angela's diligent journalism has helped create awareness of issues impacting
South Dakotans, which has and will facilitate legislative oversight and public involvement; and
WHEREAS, Angela and her family in recent years suffered the tragic loss of her daughter,
Emily Groth; and
WHEREAS, South Dakotans mourn with and support Angela and her family in the loss of
her daughter; and
WHEREAS, we commend and support Angela's efforts in honoring Emily through the
raising of awareness of the danger of opioids:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature
of the State of South Dakota, that on behalf of the great people of South Dakota, we hereby
commend and honor Angela Kennecke for her excellence in journalism and we also extend our
thanks and best wishes to her for continued success."
On page 1, delete lines 4 to 15, inclusive.
On page 2, delete lines 1 to 15, inclusive.
R3yta
On page 1, line 1, of the printed resolution, delete everything after "excellence" and insert
"in journalism.".
On page 1, delete line 2.
And that as so amended said resolution do pass.
Respectfully submitted,
Bob Ewing, Chair
MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 165
which was tabled.
Also MR. PRESIDENT:
The Committee on Taxation respectfully reports that it has had under consideration SB 106
and 160 which were deferred to the 41st Legislative Day.
Respectfully submitted,
Jeff Monroe, Chair
MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration SCR 8 and returns the same with the recommendation that said resolution do pass.
Also MR. PRESIDENT:
The Committee on Health and Human Services respectfully reports that it has had under
consideration HB 1067 and returns the same with the recommendation that said bill do pass and
be placed on the consent calendar.
Respectfully submitted,
Deb Soholt, Chair
MR. PRESIDENT:
The Committee on Legislative Procedure respectfully reports that the Office of Engrossing
and Enrolling has carefully compared SB 36 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 SB 36 which has passed the House without change.
Also MR. PRESIDENT:
I have the honor to transmit herewith HB 1087, 1122, 1171, 1176, 1180, 1189, 1201, 1217,
1257, 1260, and 1263 which have passed the House and your favorable consideration is
respectfully requested.
Respectfully,
Sandra J. Zinter, Chief Clerk
MOTIONS AND RESOLUTIONS
SCR 11 Introduced by: Senators Monroe, DiSanto, and Jensen (Phil) and Representatives
Goodwin and Steele
A CONCURRENT RESOLUTION, requesting that the President of the United States
designate a single state funeral be held upon the death of the last living Medal of Honor
recipient from World War II.
WHEREAS, a single state funeral would provide national recognition in honoring all
sixteen million soldiers, sailors, and airmen who served from 1941-1945; and
WHEREAS, it is important at this time when our nation stands divided in numerous ways
to come together in a unifying event honoring those who served in World War II; and
WHEREAS, a single state funeral would provide an opportunity to thank millions of
patriotic American families who had a parent, spouse, or family member in World War II; and
WHEREAS, this designation needs to take place as soon as possible because the youngest
of the four remaining World War II Medal of Honor recipients is ninety-three years old:
NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Ninety-Fourth Legislature
of the State of South Dakota, the House of Representatives concurring therein, that the
President of the United States is hereby requested to designate a single state funeral be held
upon the death of the last living Medal of Honor recipient from World War II.
Was read the first time and referred to the Committee on Military and Veterans Affairs.
Sen. Langer moved that SJR 5 be deferred to Thursday, February 21st, the 27th legislative
day.
Which motion prevailed.
CONSIDERATION OF REPORTS OF COMMITTEES
Sen. Langer moved that the reports of the Standing Committees on
Commerce and Energy on SB 123 as found on page 398 of the Senate Journal; also
Commerce and Energy on SB 98 as found on page 397 of the Senate Journal be adopted.
Which motion prevailed.
FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS
HB 1087: FOR AN ACT ENTITLED, An Act to promote intellectual diversity at certain
institutions of higher education.
Was read the first time and referred to the Committee on State Affairs.
HB 1122: FOR AN ACT ENTITLED, An Act to revise references to persons who are deaf
or hard of hearing.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1171: FOR AN ACT ENTITLED, An Act to allow certain veterans to attend courses
offered at postsecondary technical institutes without payment of tuition.
Was read the first time and referred to the Committee on Military and Veterans Affairs.
HB 1176: FOR AN ACT ENTITLED, An Act to provide for the regulation of saline tattoo
removal by municipalities.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1180: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the
collection and storage of sexual assault kit evidence.
Was read the first time and referred to the Committee on Health and Human Services.
HB 1189: FOR AN ACT ENTITLED, An Act to provide for a period to cure certain
campaign finance violations.
Was read the first time and referred to the Committee on State Affairs.
HB 1201: FOR AN ACT ENTITLED, An Act to revise provisions regarding group
pheasant hunts for disabled veterans.
Was read the first time and referred to the Committee on Military and Veterans Affairs.
HB 1217: FOR AN ACT ENTITLED, An Act to prohibit the endangerment of any child
by means of driving under the influence and to provide a penalty therefor.
Was read the first time and referred to the Committee on State Affairs.
HB 1257: FOR AN ACT ENTITLED, An Act to authorize the Department of the Military
to construct two storage buildings, to make an appropriation therefor, and to declare an
emergency.
HB 1260: FOR AN ACT ENTITLED, An Act to make an appropriation to continue the
veteran's bonus program and to declare an emergency.
HB 1263: FOR AN ACT ENTITLED, An Act to revise the appropriation for the
construction of a National Guard Readiness Center at the Rapid City Airport and to declare an
emergency.
Were read the first time and the President Pro tempore waived the referral to the standing
committee pursuant to Joint Rule 6D-1, and placed HB 1257,1260, and 1263 on the calendar
of Thursday , February 21st, the 27th legislative day.
CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS
The Senate proceeded to the consideration of the executive appointment of Travis Bies of
Custer County, Fairburn, South Dakota, to the Game, Fish and Parks Commission.
The question being “Does the Senate advise and consent to the executive appointment of
Travis Bies pursuant to the executive message as found on page 340 of the Senate Journal?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert;
Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup;
Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer;
Sutton; White; Wiik; Wismer; Youngberg
Excused:
Partridge
So the question having received an affirmative vote of a majority of the members-elect,
the President declared the appointment confirmed.
SECOND READING OF CONSENT CALENDAR ITEMS
HB 1070: FOR AN ACT ENTITLED, An Act to revise the procedure for judgment by
confession.
Was read the second time.
The question being “Shall HB 1070 pass?”
And the roll being called:
Yeas 34, Nays 0, Excused 1, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert;
Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup;
Otten (Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer;
Sutton; White; Wiik; Wismer; 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 96: FOR AN ACT ENTITLED, An Act to expand application of the tax credit for
contributions to a scholarship granting organization.
Was read the second time.
The question being “Shall SB 96 pass as amended?”
And the roll being called:
Yeas 31, Nays 3, Excused 1, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Greenfield (Brock); Jensen (Phil);
Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten (Ernie);
Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White;
Wiik; Youngberg
Nays:
Foster; Heinert; Wismer
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 188: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding state
tests.
Was read the second time.
The question being “Shall SB 188 pass as amended?”
And the roll being called:
Yeas 33, Nays 1, Excused 1, Absent 0
Yeas:
Blare; Bolin; Cammack; Cronin; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert;
Jensen (Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup;
Otten (Ernie); Rusch; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton;
White; Wiik; Wismer; Youngberg
Nays:
Russell
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 65: FOR AN ACT ENTITLED, An Act to provide for the construction, renovation,
improvement, remodeling, alteration, addition to and repairing of courthouses, jails,
incarceration reduction facilities, and other necessary buildings.
Was read the second time.
The question being “Shall SB 65 pass as amended?”
And the roll being called:
Yeas 15, Nays 19, Excused 1, Absent 0
Yeas:
Blare; Ewing; Greenfield (Brock); Klumb; Maher; Monroe; Nesiba; Novstrup; Rusch; Russell;
Schoenbeck; Smith (VJ); Steinhauer; White; Wismer
Nays:
Bolin; Cammack; Cronin; Curd; DiSanto; Foster; Heinert; Jensen (Phil); Kennedy; Kolbeck;
Langer; Nelson; Otten (Ernie); Soholt; Solano; Stalzer; Sutton; Wiik; Youngberg
Excused:
Partridge
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Novstrup announced his intention to reconsider the vote by which SB 65 lost.
SB 115: FOR AN ACT ENTITLED, An Act to authorize the conditional carrying of a
concealed pistol in the state capitol by certain persons.
Was read the second time.
The question being “Shall SB 115 pass as amended?”
And the roll being called:
Yeas 20, Nays 13, Excused 2, Absent 0
Yeas:
Blare; Bolin; Curd; DiSanto; Greenfield (Brock); Jensen (Phil); Klumb; Kolbeck; Langer;
Maher; Monroe; Nelson; Novstrup; Otten (Ernie); Russell; Stalzer; Steinhauer; Sutton; Wiik;
Youngberg
Nays:
Cammack; Ewing; Foster; Heinert; Kennedy; Nesiba; Rusch; Schoenbeck; Smith (VJ); Soholt;
Solano; White; Wismer
Excused:
Cronin; 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 68: FOR AN ACT ENTITLED, An Act to define certain acts as misbranding of food
products.
Was read the second time.
The question being “Shall SB 68 pass as amended?”
And the roll being called:
Yeas 33, Nays 0, Excused 2, Absent 0
Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Jensen
(Phil); Kennedy; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Novstrup; Otten
(Ernie); Rusch; Russell; Schoenbeck; Smith (VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton;
White; Wiik; Wismer; Youngberg
Excused:
Cronin; 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 153: FOR AN ACT ENTITLED, An Act to authorize the Game, Fish and Parks
Commission to provide for a special hunting license with the proceeds to be used for habitat.
Having had its second reading was up for consideration and final passage.
The question now being on Sen. Maher's pending motion to amend SB 153 as found on
page 372 of the Senate Journal.
Sen. Soholt moved a substitute motion that SB 153 be amended as follows:
Delete the previously adopted amendment (153ja).
On page 1, line 8, of the printed bill, after "." insert "Licenses issued under this Act may
authorize the take of no more than ten big game animals annually.".
On page 1, after line 11, insert:
"
The commission shall, before the fourth Tuesday in January of each year, report to the
Senate and House standing committees on agriculture and natural resources and on
appropriations regarding the activities authorized by this section. The report shall include a
description of the season established, the number of licenses issued, the amount of revenue
generated, and the progress of the habitat programs funded under this section.".
Which motion prevailed.
The question being “Shall SB 153 pass as amended?”
And the roll being called:
Yeas 29, Nays 4, Excused 2, Absent 0
Yeas:
Blare; Bolin; Cammack; Curd; DiSanto; Ewing; Foster; Greenfield (Brock); Heinert; Kennedy;
Klumb; Kolbeck; Langer; Maher; Nesiba; Novstrup; Otten (Ernie); Rusch; Schoenbeck; Smith
(VJ); Soholt; Solano; Stalzer; Steinhauer; Sutton; White; Wiik; Wismer; Youngberg
Nays:
Jensen (Phil); Monroe; Nelson; Russell
Excused:
Cronin; 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.
SB 67: FOR AN ACT ENTITLED, An Act to revise provisions regarding commitment of
a child adjudicated as delinquent.
Was read the second time.
The question being “Shall SB 67 pass as amended?”
And the roll being called:
Yeas 16, Nays 16, Excused 3, Absent 0
Yeas:
Blare; Bolin; Curd; Ewing; Greenfield (Brock); Maher; Monroe; Nelson; Novstrup; Russell;
Schoenbeck; Smith (VJ); Stalzer; Steinhauer; Wiik; Wismer
Nays:
Cammack; DiSanto; Foster; Heinert; Kennedy; Klumb; Kolbeck; Langer; Nesiba; Otten (Ernie);
Rusch; Soholt; Solano; Sutton; White; Youngberg
Excused:
Cronin; Jensen (Phil); Partridge
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
Sen. Novstrup announced his intention to reconsider the vote by which SB 67 lost.
SB 138: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding
microbreweries.
Was read the second time.
Sen. Curd moved that SB 138 be amended as follows:
On page 1, after line 10 of the printed bill, insert:
"
Section 2. That § 35-2-6.4 be repealed.
35-2-6.4. Except as provided in § 35-5-3.2, no manufacturer or wholesaler licensee under
this title nor any officer, director, stockholder, agent, or employee thereof or any relative of the
licensee, officer, director, stockholder, agent, or employee may be in any way financially
interested, either directly or indirectly, or participate in the operation of the business of any
retailer licensee other than by reason of sales to the licensee. A retailer who is a party to any
action prohibited by this section is guilty of a Class 2 misdemeanor. ".
Sen. Curd moved to withdraw his amendment.
The question being “Shall SB 138 pass?”
And the roll being called:
Yeas 12, Nays 20, Excused 3, Absent 0
Yeas:
Curd; DiSanto; Foster; Heinert; Kennedy; Maher; Nelson; Nesiba; Russell; Schoenbeck;
Solano; Youngberg
Nays:
Blare; Bolin; Cammack; Ewing; Greenfield (Brock); Klumb; Kolbeck; Langer; Monroe;
Novstrup; Otten (Ernie); Rusch; Smith (VJ); Soholt; Stalzer; Steinhauer; Sutton; White; Wiik;
Wismer
Excused:
Cronin; Jensen (Phil); Partridge
So the bill not having received an affirmative vote of a majority of the members-elect, the
President declared the bill lost.
There being no objection, the Senate reverted to Order of Business No. 10.
FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS
The President declared that SB 38 was withdrawn at the request of the prime sponsor
pursuant to Joint Rule 6B-1.1.
COMMEMORATIONS
SC 29 Introduced by: Senators Cronin, Blare, Bolin, Cammack, Curd, DiSanto, Ewing,
Foster, Greenfield (Brock), Heinert, Jensen (Phil), Kennedy, Klumb, Kolbeck, Langer, Maher,
Monroe, Nelson, Nesiba, Novstrup, Otten (Ernie), Partridge, Rusch, Schoenbeck, Smith (VJ),
Soholt, Solano, Stalzer, Steinhauer, Sutton, White, Wiik, Wismer, and Youngberg
A LEGISLATIVE COMMEMORATION, Honoring Lois Henry for her outstanding
commitment and dedicated service to the State of South Dakota and the South Dakota
Legislature.
WHEREAS, Lois Henry has dutifully served the Legislature for twenty years as a
committee secretary over a total of 753 legislative days; and
WHEREAS, four Governors - the Honorable William Janklow, Mike Rounds, Dennis
Daugaard, and Kristi Noem - have led the State of South Dakota, with three of them also
serving as legislators, during Lois' tenure; and
WHEREAS, seven Senate President Pro Tempores - the Honorable Harold Halverson,
Arnold Brown, Lee Schoenbeck, Bob Gray, Corey Brown, Gary Cammack, and Brock
Greenfield - have served during Lois' tenure; and
WHEREAS, ten Speakers of the House of Representatives - the Honorable Roger Hunt,
Scott Eccarius, Matthew Michels, Thomas Deadrick, Tim Rave, Val Rausch, Brian Gosch,
Dean Wink, G. Mark Mickelson, and Steven Haugaard - have served during Lois' twenty years
of service; and
WHEREAS, during Lois' tenure, 5,776 House Bills, 733 House Commemorations, 363
House Concurrent Resolutions, 108 House Joint Resolutions, six House Resolutions, 4,339
Senate Bills, 534 Senate Commemorations, 198 Senate Concurrent Resolutions, 83 Senate Joint
Resolutions, and 12 Senate Resolutions have been introduced by the Legislature; and
WHEREAS, Lois has performed her duties admirably for two decades, offering guidance
and support to her fellow secretaries, and displaying outstanding character, loyalty, and
dedication to the Legislature and the State of South Dakota:
NOW, THEREFORE, BE IT COMMEMORATED, by the Ninety-Fourth Legislature of the
State of South Dakota, that Lois Henry be recognized for her exceptional dedication through
twenty years of service to the Legislature and the State of South Dakota.
Sen. Solano moved that the Senate do now adjourn, which motion prevailed and at
4:40 p.m. the Senate adjourned.
Kay Johnson, Secretary